NORTHERN TERRITORY OF AUSTRALIA
STREHLOW RESEARCH CENTRE ACT 2005
As in force at 1 July 2014
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Objects ............................................................................................ 1
4 Definitions ........................................................................................ 1
Part 2 Strehlow Research Centre
5 Establishment .................................................................................. 2
6 Purposes ......................................................................................... 2
Part 3 Minister
7 Powers of Minister ........................................................................... 3
8 Delegation ....................................................................................... 3
Part 4 Strehlow Research Centre Board
9 Establishment .................................................................................. 3
10 Functions ......................................................................................... 3
11 Powers............................................................................................. 4
12 Direction of Minister ......................................................................... 4
13 Delegation ....................................................................................... 4
14 Membership ..................................................................................... 4
15 Termination of appointment ............................................................. 5
16 Disclosure of interest ....................................................................... 5
17 Chairperson and Deputy Chairperson ............................................. 6
18 Vacation of office ............................................................................. 6
19 Frequency of meetings .................................................................... 6
20 Meeting procedures ......................................................................... 6
21 Presiding member ........................................................................... 7
22 Chief Executive Officer may attend meeting .................................... 7
23 Protection of members .................................................................... 7
Part 5 Repeal and transitional matters for
Strehlow Research Centre Act 2005
24 Repeal ............................................................................................. 8
25 Definitions ........................................................................................ 8
26 Property etc. of former Board .......................................................... 8
Strehlow Research Centre Act 2005 ii
27 Arrangements under repealed Act ................................................... 8
28 Membership of Board ...................................................................... 8
Schedule Agreement
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2014
STREHLOW RESEARCH CENTRE ACT 2005
An Act to establish the Strehlow Research Centre and the Strehlow
Research Centre Board, and for related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Strehlow Research Centre Act 2005.
2 Commencement
This Act comes into operation on the date fixed by the Administrator
by notice in the Gazette.
3 Objects
The objects of this Act are as follows:
(a) to establish the Strehlow Research Centre and the Strehlow
Research Centre Board;
(b) to ensure the collections are maintained and continued to be
developed;
(c) to allow for the repatriation of objects included in the
collections to their traditional owners.
4 Definitions
In this Act, unless the contrary intention appears:
Agreement means the agreement comprising the documents listed
in the Schedule.
Board means the Strehlow Research Centre Board established by
section 9.
Centre means the Strehlow Research Centre established by
section 5.
Part 2 Strehlow Research Centre
Strehlow Research Centre Act 2005 2
Chairperson means the Chairperson of the Board.
collections has the meaning in section 6(a).
Deputy Chairperson means the Deputy Chairperson of the Board.
member means a member of the Board.
objects includes artefacts, notes, diaries, records, films,
publications and sound recordings.
purposes of the Centre means the purposes referred to in
section 6.
Part 2 Strehlow Research Centre
5 Establishment
The Strehlow Research Centre is established.
6 Purposes
The Centre is established for the following purposes:
(a) to house, maintain and develop collections of objects of
cultural, historical and anthropological significance owned by
the Territory (the collections);
(b) to hold objects of cultural, historical and anthropological
significance owned by persons other than the Territory;
(c) to provide secure and restricted storage facilities for elements
of the collections and objects referred to in paragraph (b) that
are culturally sensitive;
(d) to promote the appreciation of culture and learning by:
(i) displaying the collections; and
(ii) organising lectures, demonstrations and other
educational activities; and
(iii) publishing educational material;
(e) to conduct, and to assist other persons to conduct, research
relating to the traditions and culture of Aboriginal people;
(f) to preserve, commemorate and honour the work of the late
Professor TGH Strehlow.
Part 4 Strehlow Research Centre Board
Strehlow Research Centre Act 2005 3
Part 3 Minister
7 Powers of Minister
(1) The Minister has power to do all things necessary or convenient for
the purposes of the Centre.
(2) Without limiting subsection (1), the Minister may for the purposes of
the Centre do any of the following:
(a) acquire objects for, and dispose of objects from, the
collections;
(b) lend any part of the collections;
(c) borrow objects;
(d) determine charges for the viewing or any other use of the
collections;
(e) produce, publish and sell reproductions, replicas, photographs
and other publications;
(f) grant rights over the reproduction of intellectual property.
(3) However, the Minister may dispose of an object from the collections
only if the Board has approved the proposed disposal in
accordance with section 20(3).
8 Delegation
The Minister may delegate in writing to a person any of his or her
powers under section 7(1).
Part 4 Strehlow Research Centre Board
9 Establishment
The Strehlow Research Centre Board is established.
10 Functions
The Board has the following functions:
(a) to provide advice to the Minister in relation to the acquisition of
objects to be included in the collections;
(b) to consider requests for the repatriation of objects from the
collections to their traditional owners;
Part 4 Strehlow Research Centre Board
Strehlow Research Centre Act 2005 4
(c) to provide advice to the Minister in relation to the disposal of
objects from the collections;
(d) to promote community involvement in the activities of the
Centre;
(e) to provide advice to the Minister in relation to the activities of
the Centre;
(f) any other functions conferred on the Board by the Minister for
this Act.
11 Powers
(1) The Board has the following powers:
(a) to approve the disposal of objects from the collections in
accordance with section 20(3);
(b) to authorise access to elements of the collections.
(2) In the exercise of its powers, the Board must have regard to:
(a) the Agreement; and
(b) the objects of this Act; and
(c) the purposes of the Centre.
12 Direction of Minister
(1) The Board must comply with a request from the Minister for advice
in relation to the purposes of the Centre but is not subject to the
direction of the Minister in relation to the content of the advice.
(2) The Board is not subject to the direction of the Minister in relation to
the exercise of its powers under section 11(1).
13 Delegation
The Board may, with the approval of the Minister, delegate in
writing to a person its power under section 11(1)(b).
14 Membership
(1) The Board consists of Kathleen Stuart Strehlow or her nominee,
while Kathleen Stuart Strehlow lives, and 6 other members
appointed by the Minister of whom:
(a) one must be appointed to represent the interests of Aboriginal
people; and
Part 4 Strehlow Research Centre Board
Strehlow Research Centre Act 2005 5
(b) one must be nominated by the Council of the Charles Darwin
University; and
(c) one must be nominated by the Commonwealth Minister who is
responsible for Aboriginal affairs; and
(d) one must be nominated by the minister administering the
Museum and Art Gallery of the Northern Territory Act 2014.
(2) A member appointed by the Minister:
(a) holds office for a specified period (not exceeding 3 years); and
(b) is eligible for re-appointment; and
(c) may resign from the Board by writing signed by the member
and delivered to the Minister.
15 Termination of appointment
(1) The Minister may terminate the appointment of a member at any
time.
(2) The Minister must terminate the appointment of a member if the
member is found guilty, in the Territory or elsewhere, of an offence
punishable by imprisonment for 12 months or longer.
(3) This section does not apply to Kathleen Stuart Strehlow or her
nominee.
16 Disclosure of interest
(1) If a member has a direct or indirect interest in a matter being
considered or about to be considered by the Board, the member
must disclose the nature of the interest at a Board meeting as soon
as practicable after the relevant facts come to the member's
knowledge.
(2) The disclosure must be recorded in the Board's minutes.
(3) The member must not, while having that interest:
(a) take part in any deliberation or decision of the Board relating
to that matter; or
(b) form part of the quorum of the Board in any deliberation or
decision of the Board relating to that matter.
(4) However, subsection (3) does not apply if the Board resolves that
the subsection does not apply to the member.
Part 4 Strehlow Research Centre Board
Strehlow Research Centre Act 2005 6
(5) Despite such a resolution, the member may refuse to take part in
any deliberation or decision of the Board relating to that matter.
17 Chairperson and Deputy Chairperson
(1) One member must be the Chairperson and another the Deputy
Chairperson of the Board.
(2) If either office becomes vacant, the Board must elect a member to
the office at the first meeting of the Board after the vacancy occurs.
18 Vacation of office
(1) The offices of Chairperson and Deputy Chairperson both become
vacant immediately before the first meeting of the Board of each
financial year.
(2) Either office becomes vacant if the member:
(a) resigns the office under subsection (3); or
(b) is removed from the office under subsection (4); or
(c) ceases to be a member.
(3) The Chairperson or Deputy Chairperson may resign the office by
writing signed by him or her and delivered to the Board.
(4) The Board may remove from office the Chairperson or Deputy
Chairperson at any time.
19 Frequency of meetings
(1) The Chairperson may call as many meetings of the Board as are
necessary to enable the Board to perform its functions and exercise
its powers.
(2) At least 2 meetings must be called each financial year.
(3) The Chairperson must call a meeting if requested to do so by at
least 4 members.
20 Meeting procedures
(1) Subject to this Part, the Board may determine the procedures to be
followed at or in connection with a meeting.
(2) At a meeting:
(a) 4 members constitute a quorum; and
Part 4 Strehlow Research Centre Board
Strehlow Research Centre Act 2005 7
(b) questions, including the election of the Chairperson and
Deputy Chairperson, must be decided by a majority of the
votes of the members present and voting; and
(c) in the event of an equality of votes – the person presiding at
the meeting has a casting vote in addition to a deliberative
vote.
(3) However, the Board may approve the disposal of an object from the
collections only if:
(a) each member has been given notice of the proposal to
dispose of the object at least 3 months before the meeting at
which the proposal is to be decided; and
(b) at least 6 members vote in favour of the approval at the
meeting.
21 Presiding member
(1) The Chairperson must preside at all meetings of the Board at which
he or she is present.
(2) If the Chairperson is absent from a meeting, the Deputy
Chairperson must preside.
(3) If the Chairperson and Deputy Chairperson are absent from a
meeting, the members present must elect a member to preside.
22 Chief Executive Officer may attend meeting
The Chief Executive Officer, or a person authorised by the Chief
Executive Officer, may attend a meeting of the Board to provide the
Board with information and advice.
23 Protection of members
(1) This section applies to a person who is or has been a member of
the Board.
(2) The person is not civilly or criminally liable for an act done or
omitted to be done by the person in good faith in the exercise or
purported exercise of a power, or the performance or purported
performance of a function, under this Act.
(3) Subsection (2) does not affect any liability the Territory would, apart
from that subsection, have for the act or omission.
Part 5 Repeal and transitional matters for Strehlow Research Centre Act 2005
Strehlow Research Centre Act 2005 8
Part 5 Repeal and transitional matters for Strehlow
Research Centre Act 2005
24 Repeal
The Strehlow Research Centre Act 1988 (Act No. 63 of 1988) is
repealed.
25 Definitions
In this Part:
commencement date means the date on which this Act comes into
operation.
former Board means the Strehlow Centre Board established by
section 4 of the Strehlow Research Centre Act 1988.
26 Property etc. of former Board
The property, rights and liabilities of the former Board existing
immediately before the commencement date vest in the Territory on
that date.
27 Arrangements under repealed Act
(1) An arrangement of which the former Board was a party has effect
as if the Territory were the former Board for the purposes of the
arrangement.
(2) Without limiting subsection (1), an arrangement referred to in
subsection (1) includes any agreement under which a party to the
agreement is obliged to give an undertaking or to provide a
guarantee or a security.
28 Membership of Board
(1) Each person who held an appointment as a member of the former
Board immediately before the commencement date is a member of
the Board until the expiration of 6 months after that date or until the
person ceases to be a member, whichever occurs sooner.
(2) The person who was the Chairman of the former Board immediately
before the commencement date is the Chairperson of the Board
until the expiration of 6 months after that date or until the person
vacates the office, whichever occurs sooner.
Schedule Agreement
Strehlow Research Centre Act 2005 9
Schedule Agreement
section 4, definition of Agreement
The letter dated 11 August 1986 from the Crown Solicitor, Department
of Law, Darwin to Sydney G. Maidment, Solicitor, 133 Rundle Street,
Kent Town, South Australia (Crown Solicitor's reference
JO'R:ns 86/6/4) and referred to in the deed described in item 4 of this
Schedule as "JBOR1".
The agreement made on 20 February 1987 between the Northern
Territory of Australia, Kathleen Stuart Strehlow and the Strehlow
Foundation Incorporated, together with its accompanying schedules
and attachments.
The letter dated 23 February 1987 from Sydney G. Maidment, Solicitor,
to the Deputy Crown Counsel for the Northern Territory (Solicitor's
reference PAE:0338) and referred to in the deed described in item 4 of
this Schedule as "SM1".
The deed made on 11 September 1987 between the Northern Territory
of Australia of the first part, Kathleen Stuart Strehlow of the second part
and The Strehlow Research Foundation Incorporated, a body
incorporated under the Associations Incorporation Act (SA) of the third
part.
The deed made on 8 June 1995 between Kathleen Stuart Strehlow of
the first part, the Northern Territory of Australia of the second part and
the Strehlow Centre Board of the third part.
ENDNOTES
Strehlow Research Centre Act 2005 10
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Strehlow Research Centre Act 2005 (Act No. 45, 2005)
Assent date 14 December 2005
Commenced 18 January 2006 (Gaz G3, 18 January 2006, p 4)
Museum and Art Gallery of the Northern Territory Act 2014 (Act No. 6, 2014)
Assent date 20 March 2014
Commenced 1 July 2014 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 14.
4 LIST OF AMENDMENTS
s 14 amd No. 6, 2014, s 43