This instrument is the National Portrait Gallery of Australia Regulations 2023.
3 Authority
This instrument is made under the National Portrait Gallery of Australia Act 2012.
5 Definitions
Note: A number of expressions included in this instrument are defined in the Act, including the following:
(a) Board;
(b) Director;
(c) Gallery;
(d) national collection.
(1) In this instrument:
Act means the National Portrait Gallery of Australia Act 2012.
assistance animal has the same meaning as in the Disability Discrimination Act 1992.
authorised liquor supplier: see subsection 8(2).
Director’s notice: see subsection 19(1).
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
Gallery building means a building or structure owned by or under the control of the Gallery.
Note: This definition is affected by subsection (2).
Gallery land means land owned by or under the control of the Gallery.
Note: This definition is affected by subsection (2).
Gallery material means:
(a) material that forms part of the national collection; or
(b) other material that is owned by or under the control of the Gallery; or
(c) any structure, equipment or material that is kept by the Gallery for purposes relating to:
(i) the exhibition or display of material referred to in paragraph (a) or (b); or
(ii) research, educational or publicity activities in relation to that material.
liquor has the same meaning as in section 52 of the Act.
liquor controlled premises: see subsection 7(2).
prohibited article means:
(a) an implement, other than a pen or pencil, that could be used to damage or conceal Gallery material; or
(b) a camera or associated equipment; or
(c) a bag, case, parcel or other container that cannot be wholly enclosed within a cube each side of which is 300 millimetres in length.
Note: Example: For paragraph (b), associated equipment includes a tripod or selfie stick.
staff member means:
(a) a member of the staff of the Gallery (see section 41 of the Act); or
(b) a person whose services are made available to the Gallery under section 42 of the Act; or
(c) an individual who is:
(i) a contractor of the Gallery; or
(ii) a subcontractor of a contractor of the Gallery; or
(iii) an employee of such a contractor or subcontractor; or
(d) a volunteer.
volunteer means an individual who works for the Gallery on a voluntary basis.
(2) A reference in this instrument to Gallery land or a Gallery building includes a reference to a part of any such land or building.
Part 2—Financial transactions
6 Restrictions on financial transactions
For the purposes of paragraphs 47(1)(a) to (e) of the Act, $2,000,000 is prescribed.
Part 3—Supply of liquor on Gallery premises
7 Purposes of this Part
(1) This Part is made for the purposes of subsection 52(1) of the Act.
(2) This Part applies in relation to premises (liquor controlled premises) in the Australian Capital Territory owned by or under the control of the Gallery.
8 Sale or supply of liquor—authorisation
(1) The Director may, in writing, authorise a person, or a class of persons, to sell or supply liquor on liquor controlled premises.
(2) A person so authorised is an authorised liquor supplier.
(3) The Director must specify in the authorisation the following conditions to which it is subject:
(a) the parts of liquor controlled premises where liquor may be sold or supplied;
(b) the hours during which liquor may be sold or supplied.
(4) The Director may specify in the authorisation other conditions to which it is subject.
(5) The person must comply with the conditions to which the person’s authorisation as an authorised liquor supplier is subject under subsections (3) and (4).
(6) If the Director intends to vary the authorisation by:
(a) varying a condition to which the authorisation is subject; or
(b) specifying in the authorisation a new condition to which it is subject;
the Director must notify the authorised liquor supplier in writing of the intended variation.
(7) The notice must:
(a) state the day on which the variation will commence; and
(b) be given to the authorised liquor supplier at least 30 days before that day.
9 Supply of liquor
Authorisations
(1) A person commits an offence if:
(a) the person is on liquor controlled premises; and
(b) the person sells or supplies liquor.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to a person:
(a) selling or supplying liquor if the person is authorised to do so under subsection 8(1); or
(b) supplying liquor (other than by selling it) if the liquor was sold or supplied to that person on liquor controlled premises by an authorised liquor supplier.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if:
(a) the person is on or in liquor controlled premises; and
(b) the person is an authorised liquor supplier; and
(c) the person sells or supplies liquor; and
(d) the person is subject to a requirement under subsection 8(5); and
(e) the person engages in conduct; and
(f) the person’s conduct contravenes the requirement.
Penalty: 5 penalty units.
Adulterated liquor
(4) A person commits an offence if:
(a) the person is on liquor controlled premises; and
(b) the person sells or supplies liquor; and
(c) the liquor is adulterated.
Penalty: 5 penalty units.
Intoxicated persons and minors
(5) A person commits an offence if:
(a) the person is on liquor controlled premises; and
(b) the person sells or supplies liquor to another person; and
(c) the other person is:
(i) intoxicated; or
(ii) under 18.
Penalty: 5 penalty units.
(6) A person (the first person) may refuse to sell or supply liquor to another person on liquor controlled premises if the other person does not satisfy the first person of the other person’s age.
10 Buying or obtaining liquor
(1) A person commits an offence if:
(a) the person is on liquor controlled premises; and
(b) the person buys or obtains liquor; and
(c) the person is under 18.
Penalty: 5 penalty units.
(2) A person commits an offence if:
(a) the person sends another person to a place to buy or obtain liquor; and
(b) the place is liquor controlled premises; and
(c) the other person is under 18.
Penalty: 5 penalty units.
Part 4—Control of Gallery premises
Division 1—Purposes of this Part
11 Purposes of this Part
This Part is made for the purposes of subsection 53(1) of the Act.
Division 2—Authorised officers
12 Authorised officers
Appointment of authorised officers
(1) The Director may, by instrument in writing, appoint a staff member (other than a volunteer) to be an authorised officer for any of the following purposes:
(a) regulating, restricting or prohibiting the entry of persons onto Gallery land or into a Gallery building;
(b) regulating the conduct of persons on Gallery land or in a Gallery building;
(c) a purpose related to the removal of persons from Gallery land or a Gallery building.
Identity cards
(2) The Director must issue an identity card to an authorised officer.
(3) The identity card must:
(a) be in the form (if any) approved by the Director; and
(b) contain a recent photograph of the person to whom it is issued.
(4) An authorised officer must carry the identity card at all times when performing functions or exercising powers as an authorised officer.
(5) A person who ceases to be an authorised officer must return the person’s identity card to the Director within 14 days of so ceasing.
(6) A person commits an offence of strict liability if:
(a) the person is subject to a requirement under subsection (5); and
(b) the person fails to comply with the requirement.
Penalty: 1 penalty unit.
(7) Subsections (5) and (6) do not apply if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matters in subsection (7): see subsection 13.3(3) of the Criminal Code.
13 Powers of authorised officer—prohibiting entry
(1) An authorised officer may prohibit a person or a group of persons from entering Gallery land or a Gallery building if the authorised officer has reasonable grounds for believing that:
(a) the person or group has, under section 14, been directed to leave Gallery land or a Gallery building on one or more occasions; or
(b) the person has, under section 15, been removed from Gallery land or a Gallery building on one or more occasions; or
(c) public safety or the safety of staff members will be, or is likely to be, endangered by the presence of the person or the group on Gallery land or in a Gallery building; or
(d) the conduct of the person or group on Gallery land or in a Gallery building will cause, or is likely to cause, offence to members of the public or staff members; or
(e) the person or group is likely to commit an offence against this instrument.
(2) An authorised officer may prohibit members of the public or staff members from entering Gallery land or a Gallery building if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on that land or in that building will be, or is likely to be, endangered for any reason.
14 Powers of authorised officer—directions to leave
(1) An authorised officer may direct a person or a group of persons to leave Gallery land or a Gallery building if the authorised officer has reasonable grounds for believing that:
(a) public safety or the safety of staff members is, or may be, endangered by the continued presence of the person or the group on Gallery land or in a Gallery building; or
(b) the safety of members of the public or staff members on Gallery land or in a Gallery building is endangered for any other reason; or
(c) the conduct of the person or group on Gallery land or in a Gallery building is likely to cause offence to members of the public or staff members; or
(d) the person or group intends to commit, is committing, or has committed, an offence against this instrument.
(2) An authorised officer may direct members of the public or staff members to leave Gallery land or a Gallery building if the authorised officer has reasonable grounds for believing that the safety of members of the public or staff members on or in Gallery land or the Gallery building is endangered for any reason.
15 Powers of authorised officer—apprehension, removal and custody
(1) This section applies if an authorised officer has reasonable grounds for believing that a person on Gallery land or in a Gallery building:
(a) intends to interfere with, is interfering with, or has interfered with, Gallery material; or
(b) intends to damage, is damaging, or has damaged, Gallery land, a Gallery building or Gallery material; or
(c) is refusing, or has refused, to comply with a direction given by an authorised officer in the performance of the officer’s duties.
(2) The authorised officer may apprehend the person, using such force as is reasonably necessary.
(3) If the authorised officer apprehends the person, the person may be:
(a) removed from Gallery land or a Gallery building; or
(b) held in the custody of an authorised officer until the person can be taken into the custody of a member of a police force.
(4) If a person is held in the custody of an authorised officer under paragraph (3)(b), the person must be delivered into the custody of a member of a police force as soon as practicable.
16 Powers of authorised officer—vehicles and similar devices
An authorised officer may direct a person who is apparently in charge of a vehicle, motor cycle, bicycle or a similar device for transportation that is on Gallery land:
(a) to park the vehicle or device in a specified place on Gallery land; or
(b) not to park the vehicle or device on Gallery land; or
(c) not to park the vehicle or device in a specified place on Gallery land.
17 Powers of authorised officer—prohibited articles
(1) An authorised officer may direct a person who is carrying an article that appears to the authorised officer to be a prohibited article to submit the article for inspection.
(2) An authorised officer may direct a person who is carrying an article that appears to the authorised officer to be a prohibited article to leave the article in an area designated for prohibited articles.
18 Directions by authorised officers—offence
A person commits an offence if:
(a) the person is on Gallery land or in a Gallery building; and
(b) an authorised officer directs the person on a matter for which the authorised officer may give a direction; and
(c) the person does not comply with the direction.
Penalty: 5 penalty units.
Division 3—Director’s notices
19 Director’s notices—issue
(1) The Director may, by legislative instrument, issue a notice (a Director’s notice) in accordance with subsection (2).
(2) The notice must:
(a) state that it is issued by the authority of the Director; and
(b) specify a prohibition, condition or restriction relating to Gallery land, a Gallery building or Gallery material.
Note: Example: A Director’s notice may prohibit the possession or use of the following in a place, or for a purpose, specified in the notice:
(a) a camera;
(b) another device that is capable of recording content in any form;
(c) equipment associated with the camera or other device.
(3) If:
(a) a person is on Gallery land or in a Gallery building; and
(b) a copy of a Director’s notice is displayed in accordance with subsection (4); and
(c) a prohibition, condition or restriction specified in the notice applies to the person;
the person must comply with the prohibition, condition or restriction.
(4) For the purposes of paragraph (3)(b), the notice must be clearly displayed:
(a) in a way that gives adequate notice to the public of the prohibition, condition or restriction; and
(b) at either or both of:
(i) the entrance to the area of the Gallery land or Gallery building to which the notice relates; and
(ii) the location to which the notice relates.
(5) A person commits an offence if:
(a) the person is subject to a requirement under subsection (3); and
(b) the person engages in conduct; and
(c) the person’s conduct contravenes the requirement.
Penalty: 5 penalty units.
Division 4—Other provisions
20 Damaging Gallery material and property
(1) A person commits an offence if the person:
(a) is on Gallery land or in a Gallery building; and
(b) touches or interferes with Gallery material.
Penalty: 5 penalty units.
(2) A person commits an offence if:
(a) the person is on Gallery land or in a Gallery building; and
(b) the person engages in conduct; and
(c) the conduct damages Gallery material.
Penalty: 5 penalty units.
(3) Recklessness or negligence is the fault element for the result mentioned in paragraph (2)(c).
(4) A person commits an offence if:
(a) the person:
(i) attaches an article to a building, wall or fence; or
(ii) writes on a building, fixture, fitting, wall or fence; and
(b) the building is a Gallery building, or the wall, fence, fixture or fitting is on Gallery land.
Penalty: 5 penalty units.
(5) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct damages a building, fixture, fitting, wall, fence, plant or garden; and
(c) the building is a Gallery building, or the wall, fence, fixture, plant or garden is on Gallery land.
Penalty: 5 penalty units.
(6) Recklessness or negligence is the fault element for the result mentioned in paragraph (5)(b).
(7) This section does not limit section 132.8A of the Criminal Code (about damaging or destroying Commonwealth property).
21 Selling articles
A person commits an offence if the person:
(a) is on Gallery land or in a Gallery building; and
(b) engages in conduct that exposes or causes to be exposed for show, sale or hire any article for use or consumption by a member of the public.
Penalty: 5 penalty units.
22 Animals
(1) A person commits an offence if:
(a) the person allows an animal belonging to the person, or in the person’s charge, to enter or remain in a building; and
(b) the building is a Gallery building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if:
(a) the person is a person with a disability (within the meaning of the Disability Discrimination Act 1992) and the animal is an assistance animal; or
(b) the person is a member of a police force acting in accordance with the person’s duties; or
(c) the animal is under the control of the Gallery.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.
(3) A person commits an offence if:
(a) the person allows an assistance animal belonging to the person, or in the person’s charge, to enter or remain in a building; and
(b) the building is a Gallery building; and
(c) the assistance animal is not kept under the control (whether or not under direct physical control) of:
(i) the person; or
(ii) another person on behalf of the person.
Penalty: 5 penalty units.
23 Food and liquids
(1) A person commits an offence if:
(a) the person:
(i) brings food or liquid into a building; or
(ii) consumes food or liquid in a building; and
(b) the building is a Gallery building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply:
(a) if the food or liquid is for medical purposes; or
(b) to bringing water into, or drinking water in, a Gallery building if the water is in a sealed container; or
(c) to bringing food or liquid into a Gallery building for the purpose of feeding an infant if the food or liquid is in a sealed container; or
(d) to breastfeeding an infant; or
(e) to bringing food or liquid into, or consuming food or liquid in, an area in a Gallery building designated for consuming food or liquid.
Note: A defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3) of the Criminal Code.
24 Smoking
(1) A person commits an offence if the person:
(a) is on Gallery land or in a Gallery building; and
(b) smokes.
Penalty: 5 penalty units.
(2) A person smokes if the person uses, consumes, holds or otherwise has control over a tobacco product, non‑tobacco smoking product or e‑cigarette that is generating (whether or not by burning) smoke or an aerosol or vapour.
(3) In this instrument:
e‑cigarette includes any device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non‑tobacco smoking product.
Note: Example: E‑cigar, e‑hookah pen, e‑pen, e‑pipe or vape pen.
non‑tobacco smoking product means:
(a) any product (other than a tobacco product) that is intended to be smoked; or
(b) any product known or described as herbal cigarettes.
tobacco product means tobacco, or a cigarette or cigar, or any other product containing tobacco and designed for human consumption or use.
25 Prohibited articles
(1) A person commits an offence if:
(a) the person:
(i) brings a prohibited article into a building; or
(ii) uses a prohibited article in a building; and
(b) the building is a Gallery building.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply to:
(a) bringing a prohibited article into a Gallery building if the person deposits the item, as soon as practicable, at the place in the Gallery building designated for that purpose; or
(b) bringing a camera or camera bag into a Gallery building, or using a camera, for non‑commercial purposes.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
Part 5—Other matters
26 Defences—consent of Director etc. to conduct
(1) It is a defence to a prosecution under Part 3 or 4 that the Director, or a person authorised in writing by the Director for the purposes of this subsection, has consented, in writing, to the conduct of the person accused of the offence.
(2) It is a defence to a prosecution under Part 3 or 4 that the person accused of the offence was, at the time the offence was alleged to have been committed:
(a) the Director; or
(b) a staff member; or
(c) a member of the Board; or
(d) a consultant engaged under section 43 of the Act;
acting in accordance with the person’s duties.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.
27 Delegations by Director
(1) The Director may, in writing, delegate the Director’s powers and functions under this instrument (other than this power of delegation) to an employee who is:
(a) either:
(i) a staff member mentioned in section 41 of the Act; or
(ii) a person whose services are made available to the Gallery under section 42 of the Act; and
(b) any of the following:
(i) classified as Executive Level 2;
(ii) acting in a position usually occupied by an employee who is classified as Executive Level 2;
(iii) classified as Executive Level 1;
(iv) acting in a position usually occupied by an employee who is classified as Executive Level 1.
(2) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any directions of the Director.
28 Review of decisions by Administrative Review Tribunal
Applications may be made to the Administrative Review Tribunal for review of a decision of an authorised officer under section 13 to prohibit a person from entering Gallery land or a Gallery building.
Part 6—Application, saving and transitional provisions
Division 1—Provisions of this instrument as originally made
29 Definitions for this Division
In this Division:
commencement time means the time at which this instrument commences.
old instrument means the National Portrait Gallery of Australia Regulation 2013, as in force immediately before the commencement time.
30 Authorisations to supply liquor
An authority:
(a) given under subsection 6(1) of the old instrument; and
(b) in force immediately before the commencement time;
has effect, from that time, as if it were an authority given under subsection 8(1) of this instrument.
31 Appointments of authorised officers
(1) This section applies in relation to a person if:
(a) the person was appointed to be an authorised officer under subsection 7(1) of the old instrument; and
(b) the appointment was in force immediately before the commencement time; and
(c) the person is a staff member at the commencement time.
(2) The appointment has effect, from the commencement time, as if it had been made under subsection 12(1) of this instrument.
(3) A certificate:
(a) issued to the person under subsection 7(2) of the old instrument; and
(b) in force immediately before the commencement time;
has effect, from that time, as if it were an identity card issued under subsection 12(2) of this instrument.
32 Directions by authorised officers
Directions for persons to leave
(1) For the purposes of paragraph 13(1)(a) of this instrument, a person or group of persons who has, under section 8 of the old instrument, been directed to leave Gallery land or a Gallery building, is taken to have been directed to leave Gallery land or a Gallery building under section 14 of this instrument.
(2) For the purposes of paragraph 13(1)(b) of this instrument, a person who has, under subsection 9(3)(a) of the old instrument, been removed from Gallery land or a Gallery building is taken to have been removed from Gallery land or a Gallery building under subsection 15(3)(a) of this instrument.
Directions above vehicles
(3) A direction:
(a) given under section 10 of the old instrument; and
(b) in force immediately before the commencement time;
has effect, from that commencement, as if it had been given under section 16 of this instrument.
33 Defences—consent of Director etc. to conduct
For the purposes of subsection 26(1) of this instrument, it does not matter whether consent was given before or after the commencement time.
34 Delegations by Director
(1) This section applies to a delegation to a person of a power of the Director under section 25 of the old instrument if:
(a) the delegation was in force immediately before the commencement time; and
(b) at the commencement time, the person is a staff member mentioned in section 41 of the Act.
(2) The delegation has effect from the commencement time as if it were:
(a) a delegation of the equivalent power under this instrument; and
(b) made under section 27 of this instrument.