National Gallery Act 1975

To do this, it has broad powers, including:

• Buying, commissioning, borrowing, or accepting donated artworks
• Selling, loaning, or hiring out artworks
• Collecting and sharing information about the visual arts
• Providing advice and services related to the visual arts (for a fee or free)
• Selling reproductions of artworks
• Building facilities
• Charging entry fees (for special exhibitions, on top of any fees set by regulations)
• Accepting money or property left to it in wills (bequests)

Rules around the national collection

The Gallery cannot simply sell or throw away artworks in the national collection. Strict rules apply:

• The Council can only decide to sell, give away, or destroy a work if it's unfit for the collection or no longer needed
• Destruction is only allowed if the work has no saleable value
• Works can also be exchanged for other works if that would benefit the collection

There are also rules for dealing with artworks left with the Gallery that nobody claims — after at least a year, and following a notice process, the Gallery can seek approval to keep them for the collection or sell them.

Financial rules

The Gallery has its own fund (the National Gallery of Australia Fund) which holds donations and gift money. Its finances are subject to oversight under broader Commonwealth financial management laws.

For big transactions, the Gallery needs the Minister's written approval before it can:

• Buy or sell artworks above a certain dollar threshold
• Buy or sell other property above a certain threshold
• Sign large building contracts
• Enter into a land lease longer than 10 years

The Gallery is exempt from Commonwealth, State and Territory taxes.

Government oversight

• The Minister can give the Council written directions about how it performs its functions (but only directions of a general nature — the Minister can't micromanage day-to-day decisions)
• The Gallery must report annually to the Minister, including details of any artworks disposed of during the year
• The Minister can delegate most (but not all) powers to senior departmental staff

Other details

• The regulations can allow liquor to be sold on Gallery premises in the ACT, overriding ACT licensing laws in that context
• The regulations can also set rules for conduct on Gallery grounds and fix entry charges
• Penalties for breaking the regulations are capped at 5 penalty units (a relatively small fine)