This Act creates the National Gallery of Australia as a corporate Commonwealth body, sets its core functions to build, hold and exhibit a national art collection, and establishes governance (a Council, Chair, Deputy Chair, Director), staff, funding and property powers. It gives Parliament the funding role and the Minister specific supervisory powers. It matters because it defines who decides acquisitions, disposals, investments and staffing, and the approvals, reporting and procedural steps required to manage public art assets and related funds.
This Act establishes the National Gallery of Australia as a corporate Commonwealth body, sets out its functions, powers, governance structures, financial arrangements and certain procedural limits on acquisitions, disposals and investments. The core mechanical changes created by the Act are: creation of the Gallery as a body corporate with a seal and capacity to hold property and sue or be sued (s 4); a focused statutory function to develop and maintain a national collection and to make works available for exhibition in or outside Australia (s 6); broad operational powers tied to those functions including purchase, commissioning, loans, granting rights in Gallery land and charging for special exhibitions (s 7); constraints on disposal and exchange of works of art (ss 7(3), 9, 10); an enforceable governance regime in the form of a Council, a Director and staff, with rules for appointment, tenure, removal, acting appointments and remuneration (Parts III-V, notably ss 12-18, 24-31, 33); financial architecture including appropriation, a dedicated Fund for certain gifts and bequests, investment rules and an investment policy that must be published (ss 34, 36, 37, 37A); limits on certain financial transactions that require the Minister’s written approval where thresholds are set in regulations (s 38); explicit ministerial direction powers and delegation rules (ss 45A-45B); and regulation‑making power to govern conduct on Gallery land and to permit sale/supply of liquor on Gallery premises in the ACT (ss 45, 46). The Act also provides tax exemption for the Gallery (s 41) and procedural mechanisms for the Gallery to deal with property left with it (s 11), including a statutory vesting and conversion of proprietary interests into compensation claims governed by the Lands Acquisition Act 1989 (s 11(8)-(14)).
The Act explicitly cross‑references the Public Governance, Performance and Accountability Act 2013 (PGPA Act). The text notes that the PGPA Act applies to the Gallery and that its provisions on investment by corporate Commonwealth entities are relevant (s 4(2) note; s 7(4) reference to s 59(1) of the PGPA Act). The Act therefore operates as the specific statutory vehicle creating the Gallery while overlaying the corporate Commonwealth entity framework in the PGPA Act on reporting, management of public resources and certain investment duties. Mechanically, the Council must prepare the annual report required by the PGPA Act and include particulars of disposals under s 9 in that report (s 40).
Current sections
Direct links to the current provisions in National Gallery Act 1975.
46
Part I
Preliminary
Part I—Preliminary
1
Short title
1 Short title
This Act may be cited as the National Gallery Act 1975.
2
Commencement
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
3
Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears:
Chair means the Chair of the Council.
Council means the Council of the National Gallery of Australia.
Deputy Chair means the Deputy Chair of the Council.
Director means the Director of the National Gallery of Australia.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
Fund means the National Gallery of Australia Fund established by subsection 36(1).
Gallery means the National Gallery of Australia established by this Act.
member means a member of the Council.
national collection means all works of art that are owned by the Gallery from time to time other than a work of art that is acquired, commissioned or produced by the Gallery for the purposes of sale.
part‑time member means a member of the Council appointed to be a part‑time member.
(2) A reference in this Act to any land or building owned by, or under the control of, the Gallery includes a reference to a part of any such land or a part of any such building, as the case may be.
Part II
The National Gallery of Australia
Part II—The National Gallery of Australia
4
Establishment of National Gallery of Australia
4 Establishment of National Gallery of Australia
(1) The National Gallery of Australia is established.
(2) The Gallery:
(a) is a body corporate;
(b) shall have a seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue or be sued in its corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the Gallery. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(3) The seal of the Gallery shall be kept in such custody as the Council directs and shall not be used except as authorized by the Council.
(4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Gallery affixed to a document and shall presume that it was duly affixed.
6
Functions of Gallery
6 Functions of Gallery
(1) The functions of the Gallery are:
(a) to develop and maintain a national collection of works of art; and
(b) to exhibit, or to make available for exhibition by others, in Australia or elsewhere, works of art from the national collection or works of art that are otherwise in the possession of the Gallery.
(2) The Gallery shall use every endeavour to make the most advantageous use of the national collection in the national interest.
7
Powers of Gallery
7 Powers of Gallery
(1) Subject to this Act, the Gallery has power to do all things necessary or convenient to be done for or in connexion with the performance of its functions.
(2) Without limiting the generality of subsection (1), the powers of the Gallery referred to in that subsection include power:
(a) to purchase or take on hire, to commission or produce, or to accept as a gift or on deposit or loan, works of art;
(b) to make available (whether by hire, loan, sale or otherwise) works of art;
(c) to accept gifts, devises, bequests or assignments made to the Gallery, whether on trust or otherwise, and whether unconditionally or subject to a condition and, if a gift, devise, bequest or assignment is accepted by the Gallery on trust or subject to a condition, to act as trustee or to comply with the condition, as the case may be;
(d) to collect, and make available (whether by hire, loan, sale or otherwise), information on the visual arts;
(da) to make available (whether for reward or otherwise) services in relation to the visual arts (whether with or without the supply of goods), including the carrying out of investigations and the giving of advice;
(e) to make available (whether by hire, loan, sale or otherwise) reproductions of works of art;
(f) to arrange for, or to assist in, research into matters pertaining to the visual arts;
(g) to erect buildings;
(ga) to grant (whether for reward or otherwise) rights to use any land or building owned by, or under the control of, the Gallery;
(gb) to fix charges for entry onto any land, or into any building, owned by, or under the control of the Gallery, being charges that:
(i) are in addition to the charges fixed by the regulations; and
(ii) relate to special exhibitions or other special events;
(h) to purchase or take on hire, or to accept as a gift or on deposit or loan, and to dispose of or otherwise deal with, furnishings, equipment and other goods;
(j) to act on behalf of the Commonwealth or of an authority of the Commonwealth in the administration of a trust relating to works of art or related matters.
(3) The Gallery shall not dispose of a work of art in the national collection except in accordance with sections 9, 10 or 11.
(4) Notwithstanding anything contained in this Act, but subject to section 36 of this Act and subsection 59(1) of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities), any money or other property held by the Gallery upon trust or accepted by the Gallery subject to a condition shall not be dealt with except in accordance with the obligations of the Gallery as trustee of the trust or as the person who has accepted the money or other property subject to the condition, as the case may be.
8
Land and works of art for Gallery
8 Land and works of art for Gallery
(1) The Minister may make available to the Gallery for the purposes of the Gallery such land owned by the Commonwealth as is specified by the Minister by notice in the Gazette and any building, structure or other improvements on that land.
(2) Where the Council so requests, the Minister may:
(a) transfer or cause to be transferred to the Gallery, for inclusion in the national collection, works of art owned by the Commonwealth; and
(b) transfer or cause to be transferred to the Gallery such other goods or equipment owned by the Commonwealth as he or she considers would be of use to the Gallery.
9
Disposal of works of art from national collection
9 Disposal of works of art from national collection
(1) Subject to subsection (4), where the Council is satisfied that a work of art in the national collection:
(a) is unfit for the national collection; or
(b) is not required as part of the national collection;
the Council may resolve that the work of art be disposed of by sale, gift or destruction.
(4) The Council shall not resolve that a work of art be disposed of by way of destruction unless the Council is satisfied that the work has no saleable value.
(5) If the Council has resolved, in accordance with this section, that a work of art be disposed of, the Gallery may dispose of that work of art accordingly.
(6) Subsection (5) is subject to section 38 (about restrictions on financial transactions).
10
Exchange of works of art
10 Exchange of works of art
(1) Where the Council is satisfied that the exchange of a work of art in the national collection for another work of art would be advantageous to the collection, the Gallery may make that exchange.
(2) An agreement for an exchange under subsection (1) may include an undertaking by one party to pay an amount to the other party in recognition of the difference in value between the works of art to be exchanged.
11
Disposal of property left with Gallery
11 Disposal of property left with Gallery
(1) Where:
(a) the Council wishes to apply this section to any property (including a work of art) that is not the property of the Gallery but has been submitted to the Gallery with a view to its acceptance by the Gallery or for any other purpose;
(b) the property has remained in the possession or custody of the Gallery for a period of not less than 1 year after its submission to the Gallery;
(c) in a case to which subsection (2) applies:
(i) the Council has complied with the requirements of that subsection; and
(ii) the period specified in the notice under that subsection or, if such notices were sent to more than 1 person, the period specified in the notice last sent, has expired; and
(d) the property is not the subject of a claim lodged with the Gallery by the person who submitted the property to the Gallery or by any other person who has an interest in the property;
this section applies in relation to that property.
(2) Where the Gallery has a record of the name and address of a person who has an interest in property referred to in paragraph (1)(a) or of the person who submitted that property to the Gallery, the Council shall send by pre‑paid registered post to that person or to each of those persons, addressed to him or her at the relevant address, a notice informing him or her that, after the expiration of 3 months from the date of the notice, the Council intends, unless the person who submitted the property to the Gallery or any other person who has an interest in the property lodges with the Gallery a claim with respect to the property, to deal with the property under this section.
(3) The Council may, in respect of property in relation to which this section applies, cause a notice, in accordance with subsection (4), relating to the property to be published twice, with an interval of at least 7 days between the dates of the publications, in such daily newspapers as will ensure its publication in every State and internal Territory.
(4) A notice under subsection (3) shall sufficiently identify the property to which it relates and shall state that, at the expiration of 3 months from the date of publication of the notice, the Council intends to deal with the property under this section unless, before that time, the person who submitted the property to the Gallery or any other person who has an interest in the property has lodged with the Gallery a claim with respect to the property.
(5) Where:
(a) the period of 3 months specified in a notice under subsection (3) that has been published for the second time has expired; and
(b) the property to which the notice relates has not ceased to be property in relation to which this section applies;
the Council may:
(c) if the property is a work of art and the Council wishes to acquire it for the national collection—request the Minister to approve its acquisition for the national collection; or
(d) in any other case—request the Minister to approve its disposal in accordance with this section.
(6) Before approving of the acquisition of a work of art in accordance with a request under paragraph (5)(c), the Minister shall obtain a valuation of the work of art from an independent expert.
(7) Where a work of art the subject of a request under paragraph (5)(c) has not ceased to be property in relation to which this section applies, the Minister may, by notice published in the Gazette, approve the acquisition of the work of art for the national collection.
(8) Upon the publication in the Gazette of a notice under subsection (7), the work of art to which the notice applies is, by force of this subsection:
(a) vested in the Commonwealth; and
(b) freed and discharged from all interests, trusts, restrictions, obligations, contracts, licences and charges;
to the intent that the legal estate in the work of art and all rights and powers incident to that legal estate are vested in the Commonwealth.
(9) The Minister shall, on behalf of the Commonwealth, transfer to the Gallery for inclusion in the national collection a work of art referred to in subsection (8).
(10) Where property the subject of a request under paragraph (5)(d) has not ceased to be property in relation to which this section applies, the Minister may approve the disposal of the property and advise the Council accordingly.
(11) Where the Minister has advised the Council of his or her approval of the disposal of property and the property has not ceased to be property in relation to which this section applies, the Gallery may:
(a) cause the property to be sold by public auction; or
(b) if the Council determines that the property is valueless or that for some other reason it is not practicable to sell the property by public auction—cause the property to be disposed of otherwise than by sale or to be destroyed.
(12) For the purposes of a sale or other disposal of goods under subsection (11), the Gallery shall be deemed to be the absolute owner of the property.
(13) The interest of every person in a work of art to which a notice published under subsection (7) relates is, on the date of acquisition of that work of art, converted into a right to compensation against the Commonwealth.
(14) Parts VII and IX of the Lands Acquisition Act 1989 apply in relation to a right to compensation referred to in subsection (13) as if:
(a) that right were an entitlement to compensation under section 52 of that Act;
(b) a reference in those Parts to an interest in land were a reference to the legal estate in the work of art to which that right relates; and
(c) a reference in those Parts to the Minister were a reference to the Minister administering this Act.
(15) Where a person satisfies the Council that he or she had an interest in property immediately before the property was sold by virtue of subsection (11), the Gallery shall pay to the person such amount as it considers appropriate having regard to the interest that person had in the property but not exceeding the amount by which the amount of the proceeds of the sale exceeded the amount of any expenses incurred by the Gallery in connexion with the storage and sale of the property.
(16) No action, other than an action under the Lands Acquisition Act 1989 as applied by subsection (14), lies against any person by reason of any act or thing done in accordance with this section.
Part III
The Council
Part III—The Council
12
Council
12 Council
(1) The affairs of the Gallery shall be conducted by a Council to be known as the Council of the National Gallery of Australia.
(2) All acts and things done in the name of, or on behalf of, the Gallery by the Council or with the authority of the Council shall be deemed to have been done by the Gallery.
13
Membership of Council
13 Membership of Council
(1) The Council shall consist of not more than 11 members, namely:
(a) the Chair;
(b) the Director; and
(c) not more than 9 other members.
(2) The members, other than the Director, shall be appointed by the Governor‑General having regard to their knowledge and experience with respect to the visual arts or any other area of knowledge relevant to the affairs of the Gallery.
(3) A member, other than the Director, shall be appointed to be a part‑time member and holds office for such term, not exceeding 3 years, as is fixed by the Governor‑General in the instrument of his or her appointment.
(3A) A person must not be appointed as a member referred to in paragraph (1)(a) or (c) for a term if the sum of the following exceeds 9 years:
(a) that term;
(b) any terms of previous appointment of the person as a member.
(4) A part‑time member is eligible for re‑appointment.
(6) The exercise or performance of the powers or functions of the Council is not affected by reason only of there being a vacancy in the office of a member.
14
Deputy Chair
14 Deputy Chair
(1) There shall be a Deputy Chair of the Council who shall be elected by the members from among the part‑time members.
(2) A member elected as Deputy Chair holds office as Deputy Chair for the period fixed by the Council at the time of his or her election but that period shall not extend beyond the expiration of the term for which he or she is holding office as a member at that time.
(3) The Deputy Chair may resign his or her office by writing under his or her hand delivered to the Chair.
(4) The Deputy Chair is eligible for re‑election.
15
Acting members
15 Acting members
Acting by operation of law
(1) The Deputy Chair is to act as the Chair:
(a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to persons acting as the Chair, see section 33A of the Acts Interpretation Act 1901.
Acting appointments
(2) The Council may, by written instrument, appoint a member to act as the Deputy Chair during any period, or during all periods, when the Deputy Chair:
(a) is acting as the Chair; or
(b) is absent from duty or from Australia; or
(c) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
(3) The Minister may, by written instrument, appoint a person to act as a member (other than as the Director, Chair or Deputy Chair):
(a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when a member:
(i) is acting as the Deputy Chair; or
(ii) is absent from duty or from Australia; or
(iii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
16
Remuneration and allowances of members etc.
16 Remuneration and allowances of members etc.
(1) A part‑time member or a member of a committee constituted under section 21 who is not a member of the Council shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed.
(2) A person referred to in subsection (1) shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
17
Termination of appointment
17 Termination of appointment
(1) The Governor‑General may terminate the appointment of a part‑time member by reason of misbehaviour or physical or mental incapacity.
(2) If a part‑time member:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
(b) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council;
the Governor‑General shall terminate his or her appointment.
Note: The appointment of a part‑time member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
18
Resignation
18 Resignation
A part‑time member may resign his or her office by writing under his or her hand delivered to the Governor‑General.
20
Meetings of Council
20 Meetings of Council
(1) The Chair or, if for any reason the Chair is unable to act, the Deputy Chair:
(a) shall convene such meetings of the Council as he or she considers necessary for the efficient conduct of its business; and
(b) shall, on receipt of a written request signed by not less than 4 members, convene a meeting of the Council.
(2) The Minister may at any time convene a meeting of the Council.
(3) The Chair shall preside at all meetings of the Council at which he or she is present.
(4) In the event of the absence of the Chair from a meeting of the Council, the Deputy Chair shall preside at that meeting.
(5) In the event of the absence of both the Chair and the Deputy Chair from a meeting of the Council, the members present shall elect one of their number to preside at that meeting.
(6) At a meeting of the Council, a quorum is constituted by a majority of members.
(7) Subject to subsection (8), all questions arising at a meeting of the Council shall be decided by a majority of the votes of the members present and voting, including the member presiding.
(8) In the event of an equality of votes on a resolution proposed at a meeting of the Council, the resolution shall be taken not to be passed but, if the same resolution is proposed at the first meeting of the Council held after the date of that first‑mentioned meeting and there is again an equality of votes, the member presiding has a casting vote on the resolution.
21
Committees of Council
21 Committees of Council
(1) Subject to this section, the Council may constitute such committees as it thinks necessary for the purposes of this Act.
(2) A committee may be constituted wholly by members of the Council or partly by members of the Council and partly by other persons.
22
Delegation
22 Delegation
(1) The Council may, by resolution, either generally or as otherwise provided by the resolution, delegate to the Chair, the Director or any other member of the Council or to a member of the staff of the Gallery, all or any of its powers under this Act or the regulations, other than this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act and the regulations, be deemed to have been exercised by the Council.
(3) A delegation of a power under this section:
(a) may be revoked by resolution of the Council (whether or not constituted by the persons constituting the Council at the time the power was delegated);
(b) does not prevent the exercise of the power by the Council; and
(c) continues in force notwithstanding a change in the membership of the Council.
(4) Section 34A of the Acts Interpretation Act 1901 applies in relation to a delegation under this section as if the Council were a person.
(5) A certificate signed by the Chair stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.
(6) A document purporting to be a certificate mentioned in subsection (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.
Part IV
The Director
Part IV—The Director
24
Director
24 Director
(1) There shall be a Director of the National Gallery of Australia, who shall be appointed by the Governor‑General.
(2) The Director is the executive officer of the Council.
26
Terms and conditions of appointment etc.
26 Terms and conditions of appointment etc.
(1) The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General.
(2) The Director holds office for such period, not exceeding 7 years, as is specified in the instrument of his or her appointment, but is eligible for re‑appointment.
27
Remuneration and allowances
27 Remuneration and allowances
(1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he or she shall be paid such remuneration as is prescribed.
(2) The Director shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
28
Leave of absence
28 Leave of absence
(1) The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Minister may grant the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.
29
Termination of appointment
29 Termination of appointment
(1) The Governor‑General may terminate the appointment of the Director by reason of misbehaviour or physical or mental incapacity.
(2) If the Director:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or
(aa) fails, without reasonable excuse, to comply with subsection (3); or
(ab) is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council; or
(b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) engages in paid employment outside the duties of his or her office without the approval of the Minister;
the Governor‑General shall terminate his or her appointment.
Note: The appointment of the Director may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
(3) The Director shall give written notice to the Minister of all direct or indirect pecuniary interests that the Director has or acquires in any business or in any body corporate carrying on any business.
(4) Subsection (3) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).
30
Resignation
30 Resignation
The Director may resign his or her office by writing under his or her hand delivered to the Governor‑General.
31
Acting Director
31 Acting Director
The Minister may appoint a person to act in the office of Director:
(a) during a vacancy in the office; or
(b) during any period, or during all periods, when the person holding the office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
Part V
Staff
Part V—Staff
33
Staff
33 Staff
Subject to any direction of the Minister:
(a) the Gallery may employ such persons as are necessary for the purposes of this Act; and
(b) the terms and conditions of employment (other than in respect of matters provided for by this Act) of persons so employed shall be as determined by the Council.
Part VI
Finance
Part VI—Finance
34
Moneys payable to Gallery
34 Moneys payable to Gallery
(1) There are payable to the Gallery such moneys as are appropriated, from time to time, by the Parliament for the purposes of this Act.
(2) The Finance Minister may give directions as to the amounts in which, and the times at which, moneys referred to in subsection (1) are to be paid to the Gallery.
36
National Gallery of Australia Fund
36 National Gallery of Australia Fund
(1) There is established by this subsection a fund, to be known as the National Gallery of Australia Fund.
(2) Income received from the investment of money standing to the credit of the Fund forms part of the Fund.
(3) There shall be paid into the Fund:
(a) gifts and bequests of money accepted by the Gallery after the commencement of this section otherwise than on trust;
(b) money received by the Gallery after that commencement from the disposal of gifts, devises, bequests and assignments of property accepted by the Gallery, whether before or after that commencement, otherwise than on trust; and
(c) so much of the money held by the Gallery in bank accounts otherwise than on trust immediately before that commencement as the Minister, by notice in writing given to the Gallery within 21 days after that commencement, determines.
37
Application of moneys
37 Application of moneys
(1) The moneys of the Gallery (including money standing to the credit of the Fund) shall be applied only:
(a) in payment or discharge of the costs or expenses of the Gallery under this Act; and
(b) in payment of any remuneration and allowances payable under this Act.
(2) Subsection (1) does not prevent investment, under subsection (3) of this section or section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Gallery.
(3) In addition to investments authorised by section 59 of the Public Governance, Performance and Accountability Act 2013, the Gallery may invest the following in any other form of investment:
(a) money accepted as a gift or bequest to the Gallery;
(b) money that the Gallery receives from the disposal of property given, devised, bequeathed or assigned to the Gallery by a person other than the Commonwealth;
(c) income received from an investment made under this subsection or from the disposal of such an investment.
Note: See subsection 7(4) for obligations of the Gallery as trustee of a trust.
(4) An investment under subsection (3), or the disposal of such an investment, must be in accordance with a policy in force under section 37A.
37A
Investment policy
37A Investment policy
(1) The Council may formulate a written policy in relation to the following matters:
(a) the investment strategy of the Gallery;
(b) benchmarks and standards for assessing the performance of the Gallery’s investments;
(c) risk management for the Gallery’s investments.
Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
Publication of policy
(2) If the Council formulates a policy under subsection (1), the Council must cause a copy of the policy to be published on the Gallery’s website.
Review of policy
(3) If the Council formulates a policy under subsection (1), the Council must conduct periodic reviews of the policy.
Compliance with policy
(4) If the Council formulates a policy under subsection (1), the Gallery must comply with the policy.
(5) A failure to comply with the policy does not affect the validity of any transaction.
Policy not a legislative instrument
(6) A policy formulated under subsection (1) is not a legislative instrument.
38
Restrictions on financial transactions
38 Restrictions on financial transactions
(1) The Gallery must not, without the written approval of the Minister:
(a) acquire any work of art for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or
(b) dispose of any work of art if the amount or value of the consideration for the disposal, or the value of the work of art, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or
(c) acquire any property, right or privilege, other than a work of art, for a consideration exceeding in amount or value the amount prescribed by the regulations for the purposes of this paragraph; or
(d) dispose of any property, right or privilege, other than a work of art, if the amount or value of the consideration for the disposal, or the value of the property, right or privilege, exceeds the amount prescribed by the regulations for the purposes of this paragraph; or
(e) enter into a contract for the construction of a building for the Gallery, being a contract under which the Gallery is to pay an amount exceeding the amount prescribed by the regulations for the purposes of this paragraph; or
(f) enter into a lease of land for a period exceeding 10 years.
(2) An approval under subsection (1) is not a legislative instrument.
(3) Subsection (1) does not apply to a contract if the contract provides for the supply of a service to the Gallery for the day‑to‑day operations of the Gallery.
(4) Subsection (1) does not apply to the following:
(a) an investment acquired under subsection 37(3);
(b) the disposal of such an investment.
40
Annual report
40 Annual report
The annual report prepared by the Council and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of any disposals of works of art under section 9 of this Act during the period.
41
Exemption from taxation
41 Exemption from taxation
The Gallery is not subject to taxation under a law of the Commonwealth or of a State or Territory.
Part VII
Miscellaneous
Part VII—Miscellaneous
45
Supply of liquor on premises of Gallery
45 Supply of liquor on premises of Gallery
(1) The regulations may make provision for and in relation to the sale, supply, disposal, possession or control of liquor on premises in the Australian Capital Territory owned by or under the control of the Gallery.
(2) The law of the Australian Capital Territory relating to the sale, supply and disposal of liquor does not apply with respect to premises in respect of which regulations are in force under subsection (1).
(3) In this section, liquor means wine, spirits, ale, beer, porter, cider, perry or any liquid containing alcohol ordinarily used or fit for use as a beverage.
45A
Minister may give directions to the Council
45A Minister may give directions to the Council
(1) The Minister may, by legislative instrument, give written directions to the Council about the performance of its functions or the exercise of its powers.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
(2) A direction under subsection (1) must be of a general nature only.
(3) The Council must comply with a direction under subsection (1).
45B
Delegation by the Minister
45B Delegation by the Minister
(1) The Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the Department.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) However, subsection (1) does not apply to the Minister’s powers under section 8, 15, 33 or 45A.
(3) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.
46
Regulations
46 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that by this Act are required or permitted to be prescribed, or are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:
(a) for regulating the conduct of persons on any land or building owned by, or under the control of, the Gallery;
(b) for fixing charges for entry onto any land, or into any building, owned by, or under the control of, the Gallery; and
(c) for prescribing penalties not exceeding a fine of 5 penalty units for offences against the regulations.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part I Preliminary
Part I—Preliminary
1 Short title
1 Short title
This Act may be cited as the National Gallery Act 1975.
2 Commencement
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
3 Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears:
Chair means the Chair of the Council.
Council means the Council of the National Gallery of Australia.
Deputy Chair means the Deputy Chair of the Council.
Director means the Director of the National Gallery of Australia.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
Fund means the National Gallery of Australia Fund established by subsection 36(1).
Gallery means the National Gallery of Australia established by this Act.
member means a member of the Council.
national collection means all works of art that are owned by the Gallery from time to time other than a work of art that is acquired, commissioned or produced by the Gallery for the purposes of sale.
part‑time member means a member of the Council appointed to be a part‑time member.
(2) A reference in this Act to any land or building owned by, or under the control of, the Gallery includes a reference to a part of any such land or a part of any such building, as the case may be.
Part II The National Gallery of Australia
Part II—The National Gallery of Australia
4 Establishment of National Gallery of Australia
4 Establishment of National Gallery of Australia
(1) The National Gallery of Australia is established.
(2) The Gallery:
(a) is a body corporate;
(b) shall have a seal;
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue or be sued in its corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the Gallery. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
The Act combines devolved operational authority to the Gallery and its Council with clear points of external control: ministerial approval is required for certain high‑value transactions (s 38), the Minister may issue written general directions which the Council must comply with (s 45A), and the Minister retains certain non‑delegable powers and limited delegation options (s 45B). These mechanisms together allocate decision rights, set financial guardrails, and create statutory procedures for acquisition, disposal and vesting of property.
Main concepts
The Act builds its regime around a few recurring legal and administrative concepts, each carrying particular operational consequences.
National collection: Defined as all works of art owned by the Gallery except those held for sale (s 3 definition). The Gallery’s statutory functions focus on developing, maintaining and exhibiting the national collection (s 6). The Act draws a legal boundary between works held as part of the national collection and items acquired for sale.
Corporate entity subject to PGPA framework: The Gallery is a body corporate (s 4(1)-(2)) and the Act explicitly notes that the Public Governance, Performance and Accountability Act 2013 applies to it (s 4(2) note). The PGPA Act is referenced for investment constraints (s 7(4) referencing s 59(1) of the PGPA Act). Practically, that places the Gallery within the Commonwealth’s accountabilities and financial management regime.
Council governance and executive leadership: The Council manages Gallery affairs (s 12). Membership rules cap members at 11 including the Chair and the Director (s 13). The Director is the executive officer and is appointed by the Governor‑General (s 24). The Act specifies appointment, tenure limits (including a cumulative cap for certain appointments, s 13(3A)), grounds and processes for termination and resignation (ss 17-18, 29-30), acting appointments (ss 15, 31), remuneration via the Remuneration Tribunal (ss 16, 27), and delegation within the Council (s 22).
Powers and restrictions on art transactions: The Gallery has broad powers to acquire, hire, commission, accept as gift, loan or deposit works and make them available (s 7(2)(a)-(b), (e), (ga)). However, disposal of works in the national collection is expressly limited to the procedures in ss 9-11 (s 7(3)). Section 9 gives the Council the power to resolve to dispose of works deemed unfit or not required, with restrictions (for example, destruction only where no saleable value, s 9(4)). Exchanges can include balancing payments (s 10(2)).
Ministerial oversight of high‑value transactions: Section 38 requires written Ministerial approval before the Gallery undertakes acquisitions or disposals exceeding regulation‑prescribed amounts, contracts for construction above a prescribed amount, or leases longer than ten years. The prescribed thresholds sit in the regulations; approval is not a legislative instrument (s 38(2)).
Fund and investment policy: The National Gallery of Australia Fund is established for gifts/bequests and specified transfers (s 36). The Act restricts application of Gallery moneys to Gallery costs and remunerations (s 37(1)) but allows investment of certain monies (s 37(3)), subject to a policy the Council may formulate. The policy must be published and periodically reviewed; the Gallery must comply, but non‑compliance does not invalidate transactions (s 37A(2)-(5)).
Property left with the Gallery and vesting/compensation mechanics: Section 11 provides a statutory procedure for property submitted to the Gallery but not accepted. After a specified notice and publication process, the Minister may approve acquisition or disposal; acquisition vests the work in the Commonwealth by Gazette notice and converts prior interests into rights to compensation, which are processed under Parts VII and IX of the Lands Acquisition Act 1989 as applied (ss 11(7)-(14)). The Act also limits legal actions concerning acts done under that section (s 11(16)).
Ministerial directions and delegation: The Minister can give written general directions to the Council by legislative instrument and the Council must comply (s 45A). The Minister may delegate functions to certain departmental officials except for specified non‑delegable powers (s 45B).
Regulation‑making and conduct rules: The Governor‑General may make regulations to govern behaviour on Gallery land, entry charges, liquor on premises in the ACT if regulations are made (s 45), and may prescribe penalties up to 5 penalty units for regulatory offences (s 46(c)).
Each concept in the Act creates both powers and countervailing constraints. For example, the power to accept gifts (s 7(2)(c)) is balanced by trust obligations (s 7(4)) and Fund rules (ss 36-37), and powers to sell or dispose are channelled through specific procedural sections (ss 9-11) and subject to Ministerial approval thresholds (s 38). The Act therefore layers devolved operational discretion with statutory process points that transfer decision rights to the Council, the Minister or both according to transaction type and monetary thresholds.
Who it affects
The Act creates legal relationships and compliance obligations that reach across several groups of actors.
The Commonwealth and the Minister: The Minister retains specific decision rights under the Act. The Minister may make land available to the Gallery and transfer Commonwealth‑owned works or equipment at the Council’s request (s 8). The Minister must approve certain acquisitions and disposals triggered by the Council’s processes under s 11 (ss 11(5)-(11)), and the Minister controls approval for financial transactions exceeding regulation‑set amounts (s 38(1)). The Minister may issue written general directions to the Council (s 45A) and may delegate many functions to senior departmental officials subject to non‑delegable exceptions (s 45B).
The Council and the Director: The Council conducts Gallery affairs (s 12). It has statutory responsibility to develop and maintain the national collection and to deploy it in the national interest (s 6(1)-(2)). Council members are appointed by the Governor‑General with specified tenure rules and removal grounds (s 13, s 17). The Director is the executive officer (s 24), is appointed by the Governor‑General, and must disclose pecuniary interests (s 29(3)). The Council has authority to adopt investment policy (s 37A), create committees (s 21), delegate powers internally (s 22), and to fix certain charges (s 7(2)(gb)). The Council must comply with Ministerial directions (s 45A).
Donors, bequestors and lenders of art: Persons who give, bequeath or assign works to the Gallery interact with trust law and Fund rules. The Gallery may accept gifts, devises or bequests either on trust or unconditionally (s 7(2)(c)); monies accepted otherwise than on trust may be paid into the Fund (s 36(3)(a)-(b)). If the Gallery accepts property on trust or subject to a condition, the Gallery is bound to act as trustee or to comply with the condition (s 7(2)(c); s 7(4)). For property submitted to the Gallery but not accepted, s 11 sets out steps that may result in the work being acquired for the national collection or disposed of, and third parties’ interests will be converted to compensation against the Commonwealth if the work is vested in the Commonwealth by Gazette notice (s 11(8)-(14)).
Suppliers, contractors and lessees: The Gallery may enter contracts to construct buildings and leases, but certain contracts over prescribed monetary thresholds or leases longer than ten years require Ministerial approval (s 38). The regulations can exempt day‑to‑day operational service contracts from the approval regime (s 38(3)). The Gallery may also grant rights to use land or buildings and conditionally fix entry charges for special exhibitions (s 7(2)(ga)-(gb)), subject to any regulations the Governor‑General makes about entry charges (s 46(b)).
Visitors and persons on Gallery land: The Governor‑General may make regulations to regulate conduct on Gallery land and buildings and to fix entry charges (s 46(a)-(b)). Regulations may also govern supply of liquor on Gallery premises in the ACT; if regulations are made, ACT liquor laws do not apply in respect of those premises (s 45(1)-(2)).
Commonwealth accountants and auditors and those with oversight roles: Because the PGPA Act applies to the Gallery (s 4(2) note), those tasked with Commonwealth financial oversight must treat the Gallery as a corporate Commonwealth entity for reporting, use and management of public resources. The Gallery’s annual report under the PGPA Act must include particulars of disposals of works under s 9 (s 40).
Noticeably, the Act assigns costs and decision rights in distinct ways. The Gallery bears operating costs funded by parliamentary appropriation and the Fund (s 34, s 36). The Minister decides on thresholds and gives approvals when required (s 38), and may direct the Council on general matters (s 45A). Donors who place conditions on gifts create compliance obligations for the Gallery (s 7(4)). Third parties who submit property risk statutory disposal or conversion of proprietary interests into compensation claims if they do not respond to notices under s 11. Service providers may be constrained by approval thresholds but the Act excludes day‑to‑day operational contracts from s 38(3), allowing routine procurement to proceed without Ministerial approval.
Key duties and rights
This section summarises the principal statutory duties the Gallery, its Council, the Director and others must observe, together with the rights the Act creates.
Duties of the Gallery and the Council
Duty to pursue statutory functions: The Gallery must develop and maintain the national collection and exhibit or make available works for exhibition (s 6(1)). The Council is tasked with conducting the affairs of the Gallery (s 12(1)).
Duty to use every endeavour to make the most advantageous use of the national collection in the national interest: The Gallery is required to use every endeavour for advantageous national use (s 6(2)).
Duty to comply with investment policy if formulated: If the Council formulates an investment policy under s 37A(1), the Gallery must comply with that policy (s 37A(4)). The policy must be published on the Gallery’s website and periodically reviewed (ss 37A(2)-(3)).
Duty to follow prescribed disposal and acquisition procedures: The Gallery may not dispose of works in the national collection except under ss 9-11 (s 7(3)). The Council must follow s 9 where it considers a work unfit or not required and is subject to the restrictions there, including destruction only if the work has no saleable value (s 9(4)).
Duty to seek Minister approval where required: The Gallery must not, without the Minister’s written approval, engage in certain high‑value acquisitions or disposals, high‑value non‑art transactions, contracts for construction exceeding prescribed amounts, or leases over ten years (s 38(1)).
Director’s duties and rights
Executive responsibility: The Director is the executive officer of the Council (s 24(2)).
Disclosure duty: The Director must give written notice to the Minister of all direct or indirect pecuniary interests in businesses or bodies corporate carrying on business (s 29(3)). This duty is stated as in addition to s 29 of the PGPA Act (s 29(4) note).
Tenure and termination rules: The Director holds office for up to seven years and can be re‑appointed (s 26(2)); the Governor‑General may terminate for misbehaviour or incapacity (s 29(1)) and must terminate in prescribed bankruptcy/absence/other circumstances (s 29(2)).
Council members’ duties and rights
Appointment and tenure: Members (except the Director) are appointed by the Governor‑General, with the instrument of appointment fixing terms up to three years for part‑time members (s 13(2)-(3)). A cap limits appointment if cumulative service would exceed nine years for Chair and other members referred to in s 13(1)(a) or (c) (s 13(3A)).
Remuneration and allowances: Part‑time members and non‑Council committee members are paid as determined by the Remuneration Tribunal or, if no determination is in force, as prescribed (s 16).
Resignation and termination rules: Members may resign by writing (s 18) and the Governor‑General may terminate for misbehaviour or incapacity; bankruptcy or failure to attend three meetings without leave triggers termination (s 17).
Ministerial and parliamentary interface
Ministerial directions: The Minister may, by legislative instrument, give written general directions about performance of functions or exercise of powers and the Council must comply (s 45A(1), (3)). The Act notes that certain procedural controls under the Legislation Act do not apply to those directions (s 45A note).
Approval powers: The Minister controls approvals under s 38 (high‑value transactions) and approvals under s 11 for acquisition/disposal of property submitted to the Gallery (s 11(5), (10)).
Parliamentary appropriation and finance supervision: The Gallery is funded by appropriation (s 34), and the Finance Minister may give directions as to amounts and timing of payments to the Gallery (s 34(2)).
Rights created by the Act
Rights to compensation for prior interests: Where property vests in the Commonwealth under s 11 acquisition process, the interests of prior owners convert into a right to compensation against the Commonwealth, with Parts VII and IX of the Lands Acquisition Act 1989 applied to that right (s 11(13)-(14)).
Rights to sue and be sued: The Gallery is a body corporate that may sue or be sued in its corporate name (s 4(2)(d)).
Property and management rights: The Gallery may acquire, hold and dispose of real and personal property subject to statutory restrictions (s 4(2)(c); s 7). It may also grant rights to use land and fix certain charges (s 7(2)(ga), (gb)).
Procedural and evidentiary provisions
Seal evidence: Courts and judicial officers shall take judicial notice of the imprint of the Gallery’s seal affixed to a document and shall presume it was duly affixed (s 4(4)).
Delegation and evidentiary certificates: The Council may delegate powers (s 22); a certificate by the Chair about a delegation is prima facie evidence (s 22(5)).
These duties and rights produce a pattern of centralised approval points (Ministerial approvals, s 38; Ministerial directions, s 45A) combined with devolved day‑to‑day operational freedom (delegations, s 22; exclusions from s 38 for day‑to‑day service contracts, s 38(3)). The Act therefore distributes decision rights to the Council for regular operations while reserving strategic and high‑value transactions for ministerial oversight and legal process.
Penalties and enforcement
The Act contains a modest set of direct penalty provisions and several structural enforcement mechanisms. It also creates procedural barriers and statutory outcomes that affect legal recourse.
Regulatory offences and penalties
Regulations may create offences with penalties not exceeding a fine of 5 penalty units (s 46(c)). The Act does not specify the conduct that attracts those penalties; it entrusts the Governor‑General, by regulation, to prescribe conduct on Gallery land (s 46(a)), entry charges (s 46(b)) and associated offences and penalties (s 46(c)). The size of the maximum fine is fixed in the Act, but the monetary value of a penalty unit is not stated in this text.
Administrative enforcement and statutory compulsion
Ministerial directions are binding: The Council must comply with written general directions issued by the Minister under s 45A(1)-(3). The directions are made by legislative instrument and, according to the note, certain parliamentary oversight mechanisms under the Legislation Act may not apply to those directions. Compliance is therefore enforceable by administrative means; the Act does not specify judicial remedies for non‑compliance but the Council’s statutory duty to comply gives the Minister an enforcement lever, and failure to comply may trigger administrative consequences, including Ministerial intervention.
Termination and removal powers
The Governor‑General may terminate appointments for misbehaviour or incapacity: For part‑time members (s 17(1)) and the Director (s 29(1)), the Governor‑General has explicit termination powers. Certain events automatically trigger termination (e.g., bankruptcy, prolonged absence without leave; ss 17(2), 29(2)). The Act makes termination mandatory in some cases (e.g., the Governor‑General “shall terminate” under specified events), creating an enforcement mechanism within the governance framework.
Civil rights and limits on actions
Statutory vesting and conversion to compensation: The s 11 process for property left with the Gallery permits the Minister to approve acquisition, after which the work vests in the Commonwealth and prior interests are converted into rights to compensation under the Lands Acquisition Act as applied (ss 11(8)-(14)). Section 11(16) restricts actions against persons for acts done in accordance with s 11, limiting traditional remedies and channelling recourse to the compensation regime under the Lands Acquisition Act as applied by the Act. Practically, this removes avenues for many common law challenges to the Gallery’s handling of such property and routes claimants into statutorily specified compensation processes.
Evidentiary facilitation
Judicial notice of seal and prima facie certificates: Judicial notice of the Gallery’s seal (s 4(4)) and the prima facie evidentiary weight afforded to a Chair’s certificate about delegations (s 22(5)-(6)) simplify enforcement and reduce evidentiary hurdles in proceedings involving Gallery documents or delegation issues.
Constraints on judicial review
The Act creates administrative processes and statutory outcomes that can affect the scope and nature of judicial review. For example, conversion of property interests into statutory compensation claims under s 11 limits remedies to those available under the Lands Acquisition Act as applied. However, the Act itself does not expressly oust judicial review; it prescribes routes for compliance and compensation that are likely to be important in litigation strategy.
Operational compliance enforcement
Investment and financial compliance are enforced through both the PGPA framework (the Act notes that the PGPA Act applies to the Gallery, s 4(2) note) and the Act’s internal rules such as the obligation to comply with any Council‑formulated investment policy (s 37A(4)), and the requirement to consult independent valuation before acquisition under s 11(6). The practical enforcement of financial obligations will therefore be through PGPA compliance mechanisms (audit, annual reporting), Ministerial directions, and the Gallery’s own governance.
In summary, penalties in the Act are modest and largely regulation‑driven. Enforcement is delivered mainly through governance tools (appointment/termination, Ministerial directions, fiduciary obligations), statutory procedural channels (vesting and statutory compensation under s 11), evidentiary presumptions (seal, Chair’s certificates), and overlaying PGPA public sector accountability processes. Those mechanisms shape behaviour by creating legal consequences for non‑compliance and by directing disputes into defined statutory processes rather than default common law routes.
How it interacts with other laws
The Act explicitly cross‑references and integrates with other statutory regimes, and its provisions create points of legal interaction and overlap.
Public Governance, Performance and Accountability Act 2013 (PGPA Act)
The Act states that the PGPA Act applies to the Gallery (s 4(2) note) and explicitly references s 59(1) of the PGPA Act concerning investment by corporate Commonwealth entities (s 7(4)). The effect in the statutory text is that the Gallery operates as a corporate Commonwealth entity for the purposes of reporting and management of public resources, and its investment powers are to be exercised consistently with the PGPA framework. The Act also requires the annual report prepared under the PGPA Act to include particulars of disposals of works of art under s 9 (s 40). Practically, this places the Gallery inside the Commonwealth’s financial management, performance reporting and auditing apparatus.
Lands Acquisition Act 1989
Section 11(14) applies Parts VII and IX of the Lands Acquisition Act 1989 to rights to compensation that arise when a work of art is acquired by the Commonwealth under s 11. The Act instructs that for those purposes the right to compensation is to be treated as if it were an entitlement under s 52 of the Lands Acquisition Act, with references to interests in land treated as references to the legal estate in the work of art and the Minister administering this Act substituted for the Minister under the Lands Acquisition Act (s 11(14)(a)-(c)). This creates a statutory fusion: where the Gallery acquires property under s 11, the procedural and compensation mechanisms under the Lands Acquisition Act are adopted.
Remuneration Tribunal Act 1973
Remuneration for part‑time members, committee members who are not Council members, and for the Director is governed by the Remuneration Tribunal (ss 16(1)-(3), 27(1)-(3)). The Act also allows prescribed remuneration if no Tribunal determination is in force. Those cross‑references place pay determinations within the existing Commonwealth remuneration framework.
Acts Interpretation Act 1901
The Act refers to sections of the Acts Interpretation Act 1901 in relation to acting appointments (s 15 notes reference ss 33A, 33AB), and s 22(4) expressly applies s 34A of the Acts Interpretation Act in relation to delegations. Those cross‑references adopt existing statutory rules for the validity and rules of acting appointments and delegations in Commonwealth bodies.
Legislation Act 2003
The Act’s note under s 45A indicates that Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to directions made under s 45A, by reference to regulations made under that Act. In other words, Ministerial directions given under s 45A are legislative instruments but are, per the note, excluded from certain parliamentary oversight procedures. This reduces the scope for disallowance and automatic sunsetting for those instruments, subject to the regulations referred to in the note.
State and Territory liquor laws
Section 45 permits the Governor‑General, by regulation, to prescribe the law governing sale, supply and disposal of liquor on Gallery premises in the Australian Capital Territory. Where such regulations are in force the ACT liquor law does not apply to those premises (s 45(2)). This grants the Commonwealth regulatory competence over liquor conduct on Gallery land in the ACT in lieu of local law when the relevant regulations are made.
Trust law and general obligations
The Act itself requires the Gallery to honour obligations when it accepts money or property on trust or subject to conditions (s 7(4)). Those duties will interact with the general law of trusts and the terms of particular gifts and bequests. The Act also contemplates acceptance of gifts and bequests “whether on trust or otherwise” and separates funds payable into the Fund when such gifts are accepted otherwise than on trust (s 36(3)).
Compensation and property law
By converting proprietary interests into statutory compensation claims under the Lands Acquisition Act (s 11(13)-(14)), the Act changes how property law remedies are applied in respect of works submitted to the Gallery. The Act thereby channels property disputes into the Commonwealth compensation machinery rather than ordinary property litigation.
Together, these cross‑references place the Gallery within the Commonwealth’s public sector administrative, financial and remuneration frameworks, and create procedural linkages with Commonwealth acquisition and compensation law. Practitioners dealing with the Gallery must therefore consider the interplay between the Act and the PGPA Act, the Lands Acquisition Act, the Remuneration Tribunal Act and the Acts Interpretation Act, as those statutes govern financial controls, compensation procedures, pay, acting and delegation rules, and reporting obligations that are integral to operating the Gallery under the Act.
Amendment history
The text provided does not include a formal schedule of legislative amendments, commencement dates beyond the generic commencement provision (s 2), or legislative history notes setting out dates of enactment or amendment. The visible text does, however, contain internal evidence that the Act has been updated to interact with later Commonwealth statutory frameworks and to add contemporary governance mechanisms.
For example:
The Act explicitly notes that the Public Governance, Performance and Accountability Act 2013 applies to the Gallery (s 4(2) note) and references s 59(1) of that Act in relation to investment (s 7(4)). Those references indicate legislative linkage to the PGPA Act enacted in 2013 and therefore that the Gallery’s statutory regime has been read together with the PGPA framework at least since that statute’s operation. The note itself describes the PGPA Act as dealing with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources (s 4(2) note).
The investment policy provisions (s 37A), the ministerial directions provision (s 45A) and the Minister’s delegation provision (s 45B) are present in the text. The format and content of these sections suggest later additions to the Act to provide clearer Ministerial oversight mechanisms (s 45A) and to allow for administrative delegation (s 45B). The Act’s current provisions also include a cumulative service cap for certain members (s 13(3A)), a drafting pattern consistent with later amendment insertions.
Because the supplied Act text does not include particulars of amendment dates or the amending instruments, this section cannot list legislative amendment instruments, dates, or the sequence of textual change. Practitioners relying on the Act for transactional or advisory work should consult an up‑to‑date consolidated version of the National Gallery Act 1975 available from official Commonwealth legislation services or the Federal Register of Legislation, and check the associated explanatory materials, statutory instruments and regulations for the exact timing and content of any amendments. The statutory notes within the text are helpful signposts to significant points of legal interaction (for example, integration with the PGPA Act and references to the Acts Interpretation Act 1901), but the text alone does not provide the full amendment trail.
Litigation history
The Act as provided does not list or cite any judicial decisions. The statutory text contains no named cases, no footnotes referring to litigation, and no annotated case law. Therefore this section cannot enumerate judgments that have construed or applied these provisions.
Absent case names in the Act, a useful practical summarisation is to identify the provisions that are most likely to generate litigation or administrative review and to outline the legal issues that might commonly arise:
Disposals and alleged breaches of procedural requirements under ss 9-11: Potential disputes could arise where a donor, lender or third party challenges a Council resolution to dispose of a work, or objects to the Council’s exercise of the s 11 procedure for property left with the Gallery. Under s 11(16) the Act limits actions “by reason of any act or thing done in accordance with this section” other than actions under the Lands Acquisition Act as applied (s 11(14)). This statutory channeling may generate litigation over whether the Council complied with s 11’s procedural requirements (for example, notice and publication), and whether the Lands Acquisition Act compensation process was properly applied.
Ministerial directions and administrative law: Given the mandatory compliance requirement in s 45A(3), disputes could arise about the lawfulness of a Ministerial direction (for example, whether a particular instruction exceeded the “general nature” limitation in s 45A(2)). Judicial review proceedings could test whether the Minister acted within power, whether the direction was validly made as a legislative instrument, or whether the direction is subject to constraints not displaced by the Act. The Act’s note that some disallowance and sunsetting provisions do not apply to directions may also be a point of procedural litigation over parliamentary oversight and the justiciability of those exclusions.
Investment and financial management under the PGPA Act: Because the PGPA Act applies to the Gallery (s 4(2) note), litigation or administrative proceedings could arise from alleged breaches of PGPA duties (for example, improper use of public resources, failure to manage risk consistent with PGPA obligations). Such disputes may involve the Auditor‑General, the Finance Minister, or the Commonwealth in enforcement or remedial processes rather than traditional private litigation.
Director and member removal/termination: Termination decisions under ss 17 and 29 may be amenable to judicial review if a terminated member or Director alleges procedural unfairness, jurisdictional error, or breach of statutory criteria. The Act specifies grounds for termination (e.g., misbehaviour, incapacity, bankruptcy) and in some cases prescribes mandatory termination. Litigation could challenge the factual basis for a termination.
Vesting and compensation under the Lands Acquisition Act: Litigation or compensation claims can arise under the incorporated Parts VII and IX of the Lands Acquisition Act (s 11(14)). Disputes could concern valuation, entitlement to compensation, procedural compliance with the Lands Acquisition Act as applied, and the proper identification of the relevant legal estate for valuation.
Evidentiary and documentary disputes: The presumption attached to the Gallery seal (s 4(4)) and the prima facie weight given to Chair certificates on delegation (s 22(5)-(6)) could appear in disputes over authority and the validity of documents. Challenging those presumptions would require adducing contrary evidence.
Because the Act as provided contains no decided cases, practitioners should search consolidated legislation databases and legal reporting services for judicial authority on these provisions. Where litigation is undertaken, expect issues to centre on: compliance with statutory procedure (particularly s 11 notices and Gazette publication), the lawfulness of Ministerial directions and approvals, state and federal interface where the ACT liquor regulations or other local laws might previously have applied, and valuation/compensation questions mediated by the Lands Acquisition Act framework.
Gotchas
The Act contains several provisions that are operationally consequential but not immediately obvious. These are items practitioners and administrators should pay attention to.
Ministerial approval thresholds sit in regulations, not the Act (s 38): Section 38 makes Ministerial approval a precondition for acquisitions/disposals above amounts “prescribed by the regulations”. The regulation‑set thresholds determine what counts as a high‑value transaction and therefore what triggers political oversight. The Act does not state the numeric thresholds; those must be checked in the relevant regulations. Absent attention to the current regulations, the Gallery risks proceeding with a transaction requiring approval and thereby exceeding statutory authority.
Day‑to‑day operational contracts excluded from s 38 (s 38(3)): The approval restriction does not apply to contracts that provide for supply of a service for day‑to‑day operations. This carve‑out creates a behavioural incentive to characterise arrangements as routine operational services where practicable. Conversely, mischaracterising a capital project or strategic acquisition as day‑to‑day could breach s 38.
Publication and notice mechanics under s 11 carry statutory consequences: The s 11 regime requires steps (record of name and address; registered post notice; publication in daily newspapers across States and internal Territories) and timeframes (three months from notice/publication) before the Council may request Ministerial approval for acquisition or disposal. If those steps are not strictly followed, the transfer or destruction could be void or expose the Gallery to legal challenge. Additionally, once the Minister publishes a Gazette notice acquiring the work, the work vests in the Commonwealth and prior interests convert into a right to compensation under the Lands Acquisition Act as applied (ss 11(7)-(14)). That conversion is a legal trap for parties who do not respond to notice timelines.
Conversion of proprietary interests into compensation claims (s 11(13)-(14)) channels disputes into the Lands Acquisition Act processes: People with an interest in a work that is subsequently acquired lose direct proprietary remedies and must pursue compensation under the applied provisions of the Lands Acquisition Act. Practitioners must therefore understand the valuation and procedural regimes of that Act where s 11 is used.
Ministerial directions are binding and subject to limited parliamentary oversight (s 45A): The Minister may give written general directions and the Council must comply (s 45A). The Act notes that certain disallowance and sunsetting provisions under the Legislation Act 2003 do not apply to those directions. The combination of binding directions and reduced parliamentary oversight makes it important to record and review the legal basis and propriety of Ministerial directions.
Investment policy compliance is mandatory but its breach does not void transactions (s 37A(4)-(5)): If the Council adopts an investment policy the Gallery must comply. However, non‑compliance does not affect the validity of transactions (s 37A(5)). That creates a tension between legal enforceability and accountability: a failure to adhere to the policy may still be procedurally and politically harmful but will not automatically undo the investment transaction.
Delegation evidentiary weight and delegation control (s 22): Delegations by the Council are effective mechanisms for operational governance, but a Chair’s certificate that a delegation exists is prima facie evidence (s 22(5)). Documents purporting to be such a certificate are presumed genuine unless rebutted (s 22(6)). This evidentiary rule reduces the transactional friction for third parties but means that internal delegation records and notarisation remain important for those challenging authority.
Tenure caps: A cumulative limit applies to some members (s 13(3A)). Practitioners advising on appointments must watch that a person cannot be appointed to certain member positions if the sum of the proposed term and past service would exceed nine years, which may affect re‑appointment and succession planning.
Seal presumption simplifies documentary proof but may mask authority issues (s 4(4)): Courts must take judicial notice of the seal and presume it was duly affixed, potentially limiting preliminary evidentiary challenges. Where authority to affix the seal is in dispute, parties need to understand how to rebut the statutory presumption.
Tax exemption (s 41) interacts with donor structuring: The Gallery is not subject to Commonwealth, State or Territory taxation. That status affects the financial planning around donated works and bequests, the Gallery’s commercial activities and the effective after‑tax proceeds of disposals. Donors and advisers should be conscious of how tax exemption interacts with charitable and trust arrangements.
Regulations may displace ACT liquor law (s 45): If regulations under s 45 are made for Gallery premises in the ACT, the ACT liquor law will not apply. This matters for hospitality providers, caterers and event organisers using Gallery space.
These “gotchas” show the importance of checking subsidiary instruments (regulations), following s 11 procedural steps carefully, understanding the interaction with the PGPA Act and the Lands Acquisition Act, and attending to evidentiary presumptions. Administrative practice and compliance systems should be designed to pick up these operational traps.
How to comply
This section sets out concrete compliance steps and practical controls the Gallery, Council members, the Director, donors and transactional counterparties should adopt to operate within the statutory framework.
Governance and delegation
Maintain contemporaneous, auditable delegation instruments: The Council may delegate powers to the Chair, Director or staff (s 22(1)). To rely on delegations and the evidentiary presumption where required, keep a clear register of delegations, signed instruments and dates. Because a Chair’s certificate about a delegation is prima facie evidence (s 22(5)-(6)), ensure certificates are available and documented to establish authority to third parties.
Observe appointment and tenure rules: For member appointments and re‑appointments, verify cumulative service against the s 13(3A) nine‑year cap where it applies. Track leave and meeting attendance to avoid mandatory termination triggers under ss 17(2) and 29(2)(ab).
Ministerial approvals and directions
Check regulation thresholds before high‑value acts: Before committing to acquisitions, disposals, construction contracts, or leases that might cross regulatory thresholds, consult the current regulations to determine whether Ministerial approval is required under s 38. If approval is required, start the approval process early and document Ministerial communications.
Treat Ministerial directions as binding: Comply with directions issued under s 45A, and keep formal records of any direction, the legal basis cited, and internal steps taken to comply. Where a direction’s scope is unclear, seek written clarification or legal advice, as the Council is statutorily bound to comply (s 45A(3)) but the direction must be of a “general nature” (s 45A(2)).
Investment, funds and accounting
Implement and publish an investment policy and periodic review: If the Council adopts an investment policy under s 37A, publish it on the Gallery website and schedule periodic reviews. Ensure investment decisions are documented as consistent with the policy, noting that while non‑compliance does not invalidate a transaction (s 37A(5)), compliance is a statutory duty (s 37A(4)) and will be examined under PGPA reporting and audit.
Segregate Fund monies and apply investment rules: Money accepted as gifts and bequests otherwise than on trust must be credited to the Fund (s 36(3)). Investments of Fund monies are permitted under s 37(3) but must comply with the Council’s policy. Maintain separate accounting and reconciliations for Fund monies and bequests accepted on trust, and respect trust obligations in dealing with funds accepted subject to conditions (s 7(4)).
Property submitted to the Gallery (s 11)
Follow the s 11 notice and publication steps precisely: If property has been submitted to the Gallery and the Council intends to apply s 11, ensure the Gallery has a record of names and addresses, send pre‑paid registered post notices as required, publish notices twice in daily newspapers ensuring State and internal Territory coverage, and allow the statutory three‑month periods to run before requesting Ministerial approval. Keep evidence of mailing and publication, and adopt templates for notices to ensure compliance.
Prepare for compensation processes when acquiring under s 11: If a work is to be acquired and vested by Gazette notice (s 11(7)-(9)), understand that prior interests convert into compensation claims under Parts VII and IX of the Lands Acquisition Act as applied (s 11(14)). Prepare valuation methodologies and external expert valuations (s 11(6) requires an independent expert valuation before the Minister approves acquisition under s 11(5)(c)) and coordinate with Attorney‑General’s or other Commonwealth property acquisition teams as necessary.
Records, reporting and PGPA compliance
Integrate PGPA reporting and audit obligations into Gallery operations: Because the PGPA Act applies (s 4(2) note), ensure the Gallery’s financial, governance and risk frameworks meet PGPA obligations. Incorporate the required particulars of disposals under s 9 into annual reporting (s 40). Develop internal controls, risk registers and audit-ready documentation.
Director and staff compliance
Implement conflict disclosure systems for the Director and senior staff: The Director must notify the Minister in writing of direct or indirect pecuniary interests in businesses or bodies corporate (s 29(3)). Extend that disclosure practice to senior staff and committee chairs, maintain a register of interests, and manage conflicts through recusal and delegation.
Contracts, construction and leasing
Characterise contracts and leases correctly against s 38: Maintain procurement policies and categorisation rules to determine which agreements are “day‑to‑day operational” (excluded from s 38 under s 38(3)) and which are strategic/capital and therefore require Ministerial approval. For leases longer than ten years, plan for the Minister’s approval process.
Donor and trust compliance
Respect conditional gifts and trust terms: Where the Gallery accepts a gift or bequest on trust or subject to conditions, document the trust terms, preserve the asset or income stream accordingly, and operate as trustee in line with trust law and s 7(4). For unrestricted gifts accepted otherwise than on trust, ensure proper accounting into the Fund if required (s 36(3)).
Regulatory compliance on Gallery land
Ensure conduct rules and liquor licensing compliance where regulations apply: If the Governor‑General makes regulations under s 45 and s 46, align venue operations, catering and event contracts with those regulations and understand the interplay with ACT liquor laws if the regulations displace local rules (s 45(2)).
Legal process and dispute readiness
Keep records to evidence compliance with statutory steps and delegations: Given the evidentiary presumptions in the Act (seal, Chair’s certificate), maintain contemporaneous records that verify delegation authority, publication and mailing of notices, and decision minutes for Council resolutions under ss 9-11. Those records will be critical in any administrative review or litigation.
Practical checklist for immediate compliance
Maintain up‑to‑date copy of relevant regulations and PGPA guidance.
Keep a register of all gifts and bequests, distinguishing those accepted on trust.
Maintain a public website page for any investment policy, as required by s 37A(2).
Set internal approval workflows for transactions near anticipated regulatory thresholds with legal sign‑off to initiate Ministerial approval processes.
Establish protocols for s 11 submissions and notices, including templates and publication suppliers to ensure State‑wide newspaper coverage.
Record all Ministerial directions and legal advice obtained about their scope.
Following these steps will align operational practice with the statutory duties and rights established by the Act, reduce the risk of procedural error (particularly under s 11 and s 38), and ensure the Gallery meets its reporting and investment obligations under the statutory framework as set out in the Act.
(3) The seal of the Gallery shall be kept in such custody as the Council directs and shall not be used except as authorized by the Council.
(4) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Gallery affixed to a document and shall presume that it was duly affixed.
6 Functions of Gallery
6 Functions of Gallery
(1) The functions of the Gallery are:
(a) to develop and maintain a national collection of works of art; and
(b) to exhibit, or to make available for exhibition by others, in Australia or elsewhere, works of art from the national collection or works of art that are otherwise in the possession of the Gallery.
(2) The Gallery shall use every endeavour to make the most advantageous use of the national collection in the national interest.
7 Powers of Gallery
7 Powers of Gallery
(1) Subject to this Act, the Gallery has power to do all things necessary or convenient to be done for or in connexion with the performance of its functions.
(2) Without limiting the generality of subsection (1), the powers of the Gallery referred to in that subsection include power:
(a) to purchase or take on hire, to commission or produce, or to accept as a gift or on deposit or loan, works of art;
(b) to make available (whether by hire, loan, sale or otherwise) works of art;
(c) to accept gifts, devises, bequests or assignments made to the Gallery, whether on trust or otherwise, and whether unconditionally or subject to a condition and, if a gift, devise, bequest or assignment is accepted by the Gallery on trust or subject to a condition, to act as trustee or to comply with the condition, as the case may be;
(d) to collect, and make available (whether by hire, loan, sale or otherwise), information on the visual arts;
(da) to make available (whether for reward or otherwise) services in relation to the visual arts (whether with or without the supply of goods), including the carrying out of investigations and the giving of advice;
(e) to make available (whether by hire, loan, sale or otherwise) reproductions of works of art;
(f) to arrange for, or to assist in, research into matters pertaining to the visual arts;
(g) to erect buildings;
(ga) to grant (whether for reward or otherwise) rights to use any land or building owned by, or under the control of, the Gallery;
(gb) to fix charges for entry onto any land, or into any building, owned by, or under the control of the Gallery, being charges that:
(i) are in addition to the charges fixed by the regulations; and
(ii) relate to special exhibitions or other special events;
(h) to purchase or take on hire, or to accept as a gift or on deposit or loan, and to dispose of or otherwise deal with, furnishings, equipment and other goods;
(j) to act on behalf of the Commonwealth or of an authority of the Commonwealth in the administration of a trust relating to works of art or related matters.
(3) The Gallery shall not dispose of a work of art in the national collection except in accordance with sections 9, 10 or 11.
(4) Notwithstanding anything contained in this Act, but subject to section 36 of this Act and subsection 59(1) of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities), any money or other property held by the Gallery upon trust or accepted by the Gallery subject to a condition shall not be dealt with except in accordance with the obligations of the Gallery as trustee of the trust or as the person who has accepted the money or other property subject to the condition, as the case may be.
8 Land and works of art for Gallery
8 Land and works of art for Gallery
(1) The Minister may make available to the Gallery for the purposes of the Gallery such land owned by the Commonwealth as is specified by the Minister by notice in the Gazette and any building, structure or other improvements on that land.
(2) Where the Council so requests, the Minister may:
(a) transfer or cause to be transferred to the Gallery, for inclusion in the national collection, works of art owned by the Commonwealth; and
(b) transfer or cause to be transferred to the Gallery such other goods or equipment owned by the Commonwealth as he or she considers would be of use to the Gallery.
9 Disposal of works of art from national collection
9 Disposal of works of art from national collection
(1) Subject to subsection (4), where the Council is satisfied that a work of art in the national collection:
(a) is unfit for the national collection; or
(b) is not required as part of the national collection;
the Council may resolve that the work of art be disposed of by sale, gift or destruction.
(4) The Council shall not resolve that a work of art be disposed of by way of destruction unless the Council is satisfied that the work has no saleable value.
(5) If the Council has resolved, in accordance with this section, that a work of art be disposed of, the Gallery may dispose of that work of art accordingly.
(6) Subsection (5) is subject to section 38 (about restrictions on financial transactions).
10 Exchange of works of art
10 Exchange of works of art
(1) Where the Council is satisfied that the exchange of a work of art in the national collection for another work of art would be advantageous to the collection, the Gallery may make that exchange.
(2) An agreement for an exchange under subsection (1) may include an undertaking by one party to pay an amount to the other party in recognition of the difference in value between the works of art to be exchanged.
11 Disposal of property left with Gallery
11 Disposal of property left with Gallery
(1) Where:
(a) the Council wishes to apply this section to any property (including a work of art) that is not the property of the Gallery but has been submitted to the Gallery with a view to its acceptance by the Gallery or for any other purpose;
(b) the property has remained in the possession or custody of the Gallery for a period of not less than 1 year after its submission to the Gallery;
(c) in a case to which subsection (2) applies:
(i) the Council has complied with the requirements of that subsection; and
(ii) the period specified in the notice under that subsection or, if such notices were sent to more than 1 person, the period specified in the notice last sent, has expired; and
(d) the property is not the subject of a claim lodged with the Gallery by the person who submitted the property to the Gallery or by any other person who has an interest in the property;
this section applies in relation to that property.
(2) Where the Gallery has a record of the name and address of a person who has an interest in property referred to in paragraph (1)(a) or of the person who submitted that property to the Gallery, the Council shall send by pre‑paid registered post to that person or to each of those persons, addressed to him or her at the relevant address, a notice informing him or her that, after the expiration of 3 months from the date of the notice, the Council intends, unless the person who submitted the property to the Gallery or any other person who has an interest in the property lodges with the Gallery a claim with respect to the property, to deal with the property under this section.
(3) The Council may, in respect of property in relation to which this section applies, cause a notice, in accordance with subsection (4), relating to the property to be published twice, with an interval of at least 7 days between the dates of the publications, in such daily newspapers as will ensure its publication in every State and internal Territory.
(4) A notice under subsection (3) shall sufficiently identify the property to which it relates and shall state that, at the expiration of 3 months from the date of publication of the notice, the Council intends to deal with the property under this section unless, before that time, the person who submitted the property to the Gallery or any other person who has an interest in the property has lodged with the Gallery a claim with respect to the property.
(5) Where:
(a) the period of 3 months specified in a notice under subsection (3) that has been published for the second time has expired; and
(b) the property to which the notice relates has not ceased to be property in relation to which this section applies;
the Council may:
(c) if the property is a work of art and the Council wishes to acquire it for the national collection—request the Minister to approve its acquisition for the national collection; or
(d) in any other case—request the Minister to approve its disposal in accordance with this section.
(6) Before approving of the acquisition of a work of art in accordance with a request under paragraph (5)(c), the Minister shall obtain a valuation of the work of art from an independent expert.
(7) Where a work of art the subject of a request under paragraph (5)(c) has not ceased to be property in relation to which this section applies, the Minister may, by notice published in the Gazette, approve the acquisition of the work of art for the national collection.
(8) Upon the publication in the Gazette of a notice under subsection (7), the work of art to which the notice applies is, by force of this subsection:
(a) vested in the Commonwealth; and
(b) freed and discharged from all interests, trusts, restrictions, obligations, contracts, licences and charges;
to the intent that the legal estate in the work of art and all rights and powers incident to that legal estate are vested in the Commonwealth.
(9) The Minister shall, on behalf of the Commonwealth, transfer to the Gallery for inclusion in the national collection a work of art referred to in subsection (8).
(10) Where property the subject of a request under paragraph (5)(d) has not ceased to be property in relation to which this section applies, the Minister may approve the disposal of the property and advise the Council accordingly.
(11) Where the Minister has advised the Council of his or her approval of the disposal of property and the property has not ceased to be property in relation to which this section applies, the Gallery may:
(a) cause the property to be sold by public auction; or
(b) if the Council determines that the property is valueless or that for some other reason it is not practicable to sell the property by public auction—cause the property to be disposed of otherwise than by sale or to be destroyed.
(12) For the purposes of a sale or other disposal of goods under subsection (11), the Gallery shall be deemed to be the absolute owner of the property.
(13) The interest of every person in a work of art to which a notice published under subsection (7) relates is, on the date of acquisition of that work of art, converted into a right to compensation against the Commonwealth.
(14) Parts VII and IX of the Lands Acquisition Act 1989 apply in relation to a right to compensation referred to in subsection (13) as if:
(a) that right were an entitlement to compensation under section 52 of that Act;
(b) a reference in those Parts to an interest in land were a reference to the legal estate in the work of art to which that right relates; and
(c) a reference in those Parts to the Minister were a reference to the Minister administering this Act.
(15) Where a person satisfies the Council that he or she had an interest in property immediately before the property was sold by virtue of subsection (11), the Gallery shall pay to the person such amount as it considers appropriate having regard to the interest that person had in the property but not exceeding the amount by which the amount of the proceeds of the sale exceeded the amount of any expenses incurred by the Gallery in connexion with the storage and sale of the property.
(16) No action, other than an action under the Lands Acquisition Act 1989 as applied by subsection (14), lies against any person by reason of any act or thing done in accordance with this section.
Part III The Council
Part III—The Council
12 Council
12 Council
(1) The affairs of the Gallery shall be conducted by a Council to be known as the Council of the National Gallery of Australia.
(2) All acts and things done in the name of, or on behalf of, the Gallery by the Council or with the authority of the Council shall be deemed to have been done by the Gallery.
13 Membership of Council
13 Membership of Council
(1) The Council shall consist of not more than 11 members, namely:
(a) the Chair;
(b) the Director; and
(c) not more than 9 other members.
(2) The members, other than the Director, shall be appointed by the Governor‑General having regard to their knowledge and experience with respect to the visual arts or any other area of knowledge relevant to the affairs of the Gallery.
(3) A member, other than the Director, shall be appointed to be a part‑time member and holds office for such term, not exceeding 3 years, as is fixed by the Governor‑General in the instrument of his or her appointment.
(3A) A person must not be appointed as a member referred to in paragraph (1)(a) or (c) for a term if the sum of the following exceeds 9 years:
(a) that term;
(b) any terms of previous appointment of the person as a member.
(4) A part‑time member is eligible for re‑appointment.
(6) The exercise or performance of the powers or functions of the Council is not affected by reason only of there being a vacancy in the office of a member.
14 Deputy Chair
14 Deputy Chair
(1) There shall be a Deputy Chair of the Council who shall be elected by the members from amo
This is an opening excerpt, not the complete document.