This Act sets out a modern governance framework for the Tasmanian Museum and Art Gallery (TMAG). It establishes the Board of Trustees to manage, care for, acquire and dispose of TMAG collections and to run TMAG in line with institutional objectives, while imposing planning, recordkeeping and reporting duties (see ss 5–9, 13, 17, 21, 30–31).
Who pays and who decides: the Board manages funds from the State and other receipts (s 28) and makes operational decisions; the Minister may issue statements, directions and approve or require changes to strategic/business plans and certain disposals (ss 17–22). Agencies must notify the Board before disposing of potentially State‑significant material (s 16).
This Act re-establishes the Tasmanian Museum and Art Gallery (TMAG) governance, defines the Board of Trustees’ institutional objectives, sets out the Board’s functions, powers and limits, and prescribes administrative, financial and reporting obligations for TMAG. Mechanically, it:
continues the pre-existing board under a new statutory framework as a body corporate and instrumentality of the Crown (s6);
prescribes the composition, appointment process, tenure and removal grounds for Board members, including required expertise and a chair appointed by the Minister (s7; Schedule 1);
allocates strategic functions to the Board, requires it to act consistently with the TMAG objectives, and designates the Board as steward of TMAG collections with specific stewardship responsibilities (ss5, 8);
grants the Board a wide set of corporate powers (acquire, hold, dispose, contract, set fees, cooperate with museums) but removes its ability to sell, mortgage or charge land/buildings without the Minister’s written consent (s9(1)-(2));
provides discrete acquisition and disposal regimes for collection material, including ordinary acquisition routes (purchase, exchange, natural collection, gifts, transfers from agencies, retention of unclaimed material) and a ministerially supervised disposal process for items over a threshold value (ss13-18);
imposes a statutory process on State agencies contemplating disposal of material that may be of State significance, including notice, a 30-business-day assessment window and transfer or disposal outcomes (s16);
requires governance planning and reporting: strategic plans every three years with Ministerial approval, annual business plans with Ministerial approval, annual reports with specified content and Auditor-General review, and Treasurer’s instructions to apply (ss21-22, 31, 26);
Current sections
Direct links to the current provisions in Tasmanian Museum and Art Gallery Act 2017.
In this Act, unless the contrary intention appears –
applicable, in relation to a direction, statement or plan mentioned in any provision, means the particular direction, statement or plan in effect at or during the time or period to which the provision applies or is being considered;
Board means the Board of Trustees of the Tasmanian Museum and Art Gallery;
care, of material, includes the cataloguing, conservation, curation, maintenance, security and storage of the material;
chairperson means the chairperson of the Board;
commencement day means the day proclaimed under section 2 ;
Director means the person for the time being holding or acting in the office referred to in section 23 ;
financial year means the 12-month period ending on 30 June in any year;
The Royal Society of Tasmania means the body of that name constituted under the Royal Society Act 1911 ;
TMAG means the Tasmanian Museum and Art Gallery, being the institution formerly known as the Tasmanian Museum;
TMAG collections, or collections means all of the artworks, cultural, historical and scientific artefacts, specimens, records and other objects and material under the control, management and stewardship of the Board;
TMAG Foundation means the incorporated association or body corporate established under section 33 ;
TMAG objectives means the institutional objectives of TMAG set out in section 5 ;
TMAG staff means the persons for the time being appointed or employed under section 25 .
4
Act binds Crown
4 Act binds Crown
This Act binds the Crown and, so far as the legislative power of Parliament permits, in all its other capacities.
5
Institutional objectives
5 Institutional objectives
The main objectives of the Tasmanian Museum and Art Gallery are to –
(a) care for and develop the TMAG collections; and
(b) acquire, collect and procure works, objects and specimens relating to history, the arts, the natural sciences, technology, archaeology and Aboriginal cultural heritage, with particular emphasis on material that is uniquely Tasmanian or of relevance to Tasmania; and
(c) exhibit, promote, disseminate and otherwise make available the TMAG collections and, from time to time, material loaned to TMAG by other institutions; and
(d) exhibit, promote, disseminate and otherwise make available information relating to the work of TMAG; and
(e) arrange for, promote and support the educational use of material relating to history, the arts, the natural sciences, technology, archaeology and Aboriginal cultural heritage, with particular emphasis on material that is uniquely Tasmanian or of relevance to Tasmania; and
(f) conduct, arrange for, promote and support research, educational and interpretative activities relating to history, the arts, the natural sciences, technology, archaeology and Aboriginal cultural heritage.
Part 2
Board of Trustees of Tasmanian Museum and Art Gallery
Part 2 Board of Trustees of Tasmanian Museum and Art Gallery
Division 1
The Board
Division 1 The Board
6
Continuation of Board
6 Continuation of Board
(1) The board of trustees established by section 3 of the former Act continues under the name "Board of Trustees of the Tasmanian Museum and Art Gallery".
(2) The Board –
(a) is a body corporate with perpetual succession; and
(b) may sue and be sued in its corporate name; and
(c) is an instrumentality of the Crown.
(3) The Board may have a seal and, if so –
(a) it is to be kept and used as authorised by the Board; and
(b) all courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Board.
7
Membership of Board
7 Membership of Board
(1) The Board consists of such number of members, not exceeding 7 but not fewer than 5, as the Minister appoints.
(2) In making Board appointments, the Minister is to consult, and seek nominations from –
(a) The Royal Society of Tasmania; and
(b) such other persons as the Minister thinks fit having regard to the need for the Board to have at least one member who can appropriately represent the interests of the Tasmanian community.
(3) In making Board appointments, the Minister is to ensure that the members, collectively, have expertise in research relevant to the TMAG collection in addition to qualifications or experience in, or expert knowledge of, most of the following matters:
(a) art;
(b) Tasmanian history and cultural heritage, including Aboriginal cultural heritage;
(c) natural science;
(d) business or financial management;
(e) commercial or corporate law;
(f) marketing or fundraising;
(g) public sector administration;
(h) community representation;
(i) education.
(4) The Minister is to appoint a member as chairperson.
(5) Schedule 1 has effect in respect of the membership of the Board.
(6) Schedule 2 has effect in respect of meetings of the Board.
8
Functions of Board
8 Functions of Board
(1) The Board has the following strategic functions:
(a) to determine the strategic direction of TMAG in accordance with the objectives from time to time set by Government, whether through Ministerial statements of expectation or otherwise;
(b) to ensure that the strategic performance of TMAG meets the objectives from time to time set by Government, whether through Ministerial statements of expectation or otherwise;
(c) to nurture, enhance and promote the value of TMAG as a key asset of the Tasmanian community;
(d) to encourage and promote community access to, involvement in and support for TMAG;
(e) to engage in, or facilitate or make arrangements for, such marketing and fundraising activities for TMAG as may advance and promote, and not detract from or conflict with, the TMAG objectives and the Board's overall functions;
(f) to perform such other strategic functions as it may be given by this or any other Act.
(2) The Board is to oversee –
(a) the control and management of TMAG, including TMAG property, infrastructure and equipment; and
(b) the performance of any other managerial and administrative functions as may be given by this or any other Act.
(3) The Board is also the steward of the TMAG collections and, without limiting the generality of this stewardship function, is responsible for –
(a) the care of the collections; and
(b) the development and improvement of the collections, including, as appropriate, the acquisition and disposal of material for and from the collections in accordance with Division 2 of this Part; and
(c) the promotion and display of the collections; and
(d) the interpretation of the collections; and
(e) the support and promotion of research into matters relevant to TMAG and its collections; and
(f) the undertaking, or promotion and support, of research into matters of cultural, scientific and historical interest concerning material in the collections.
(4) In the performance of its functions, the Board is to have constant regard to the TMAG objectives and act in a way that best meets and advances those objectives.
9
Powers of Board
9 Powers of Board
(1) The Board has power to –
(a) acquire, hold, dispose of and otherwise deal with property; and
(b) enter into contracts; and
(c) enter into cooperative arrangements with other museums, galleries and institutions, whether in Australia or elsewhere, including arrangements for the loan of exhibits or collections; and
(d) control access to and the uses to be made of TMAG premises and the TMAG collections; and
(e) set and charge reasonable fees and charges in connection with the discharge of its responsibilities, including admission fees to TMAG premises and exhibitions; and
(f) do all things necessary or convenient to discharge its responsibilities.
(2) However, the Board has no power to sell, mortgage or charge any land or building without the prior written consent of the Minister.
(3) The Board has –
(a) such other powers as it may be given by this or any other Act; and
(b) such other constraints on the exercise of its powers as are imposed by this Act.
(4) In the exercise of its powers, the Board is to have constant regard to the TMAG objectives and act in a way that best meets and advances those objectives.
10
Advisory committees
10 Advisory committees
(1) The Board may establish such committees as it thinks fit to advise it on any matter relevant to the discharge of its responsibilities.
(2) A committee comprises such members and other persons as the Board appoints.
(3) Without limiting subsection (2) , the Director or any member of TMAG staff may be a member of a committee.
(4) The Board may give written directions to a committee and it is to comply with those directions.
(5) A committee is to keep accurate minutes of its proceedings.
(6) Except as provided by this Act, a committee may regulate its own proceedings.
(7) The Board may discharge, alter or reconstitute any committee.
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Protection from liability
11 Protection from liability
(1) A member of the Board does not incur any personal liability for any act done or purported or omitted to be done by the member in good faith in the exercise or performance or purported exercise or performance of any responsibilities relating to or arising from his or her role as a member.
(2) Subsection (1) does not preclude the Crown or the Board from incurring a liability that a member would, but for that subsection, incur.
12
Delegation
12 Delegation
(1) The Board may delegate any of its powers or functions, other than this power of delegation, to any member or the Director.
(2) The Board is not to delegate a power or function to a committee.
Division 2
The TMAG collections
Division 2 The TMAG collections
13
Acquisition of material
13 Acquisition of material
The Board in its discretion may obtain material for the TMAG collections by –
(a) purchase; or
(b) exchange; or
(c) natural collection; or
(d) the acceptance of gifts, loans or deposits pursuant to section 14 ; or
(e) the retention of unclaimed material pursuant to section 15 ; or
(a) accept or decline gifts relating to the discharge of its responsibilities, whether of money or property and whether from living persons or by bequest or devise and whether on trust or otherwise; and
(b) agree to and carry out any lawful condition of any gift that it accepts.
(2) The rule of law known as the rule against perpetuities does not apply to any condition of a gift accepted by the Board.
(3) The Duties Act 2001 does not apply to or in respect of any gift accepted by the Board.
(4) The Board, on behalf of the Crown, may accept or decline loans and deposits of material relevant to the discharge of its responsibilities.
15
Unclaimed material
15 Unclaimed material
(1) This section applies to –
(a) unsolicited material that has at any time been left at TMAG premises; and
(b) material that TMAG has at any time accepted or apparently accepted on loan or deposit, which is of unknown or uncertain provenance and which the Board no longer necessarily wishes to hold; and
(c) material of known provenance that TMAG has at any time accepted or apparently accepted on loan or deposit, which appears subsequently to have been forgotten about or abandoned by its owner and which the Board no longer necessarily wishes to hold.
(2) The following provisions apply:
(a) the Board is to try to locate the owner of the material (which attempt is required to be reasonable but not exhaustive, costly or sustained);
(b) if within a prescribed period the Board is able to locate the owner of the material, it is to give the owner a reasonable opportunity to reclaim the material (whereupon the Board may release it);
(c) if within a prescribed period the Board is able to locate the owner of the material but there are competing claims of ownership, the Board is to continue to hold the material pending the resolution of those claims by agreement, proceedings or otherwise and the consequential due reclamation of the material (whereupon the Board may release it);
(d) if within a prescribed period the Board is able to locate a person who might be the owner of the material, it is to give the person a reasonable opportunity to establish their right of ownership and reclaim the material (whereupon the Board may release it);
(e) the Board may retain the material or dispose of the material when and as it thinks fit (including, if necessary, by destruction) if –
(i) it is unable, within a prescribed period, to locate the owner of the material; or
(ii) it is able, within a prescribed period, to locate the owner of the material but the owner does not wish or bother to reclaim the material as provided by paragraph (b) ; or
(iii) it is able, within a prescribed period, to locate the owner of the material but there are competing claims of ownership and these are not duly resolved within a secondary prescribed period; or
(iv) it is able, within a prescribed period, to locate a person who might be the owner of the material but that person fails or does not bother to establish their right of ownership and reclaim the material within a secondary prescribed period;
(f) subject to any order that a court may make to the contrary, if and when the Board decides to take an action referred to in paragraph (e) –
(i) the material is taken to have been permanently abandoned by its owner; and
(ii) property in the material is taken to have vested in the Board; and
(iii) all persons other than the Board are taken to have forfeited all their right, title and interest in the material;
(g) notwithstanding the other provisions of this subsection, the Board may at any time dispose of the material (if necessary, by destruction) if it is satisfied that the material is too hazardous or degraded to hold or the disposal is mandated by law;
(h) no action lies against the Board in respect of –
(i) the holding, retention, release or disposal of the material in accordance with this section; or
(ii) any damage to or deterioration or devaluation of the material whilst it is held by the Board.
(3) For the purposes of this section, the Board is to –
(a) draw up suitable administrative procedures; and
(b) have the administrative procedures approved by the Minister; and
(c) act in accordance with the administrative procedures as so approved.
(4) In this section –
locate includes identify and contact;
owner, of material, means the person who is legally entitled, or most legally entitled, to immediate possession of the material;
prescribed period means a period of 6 months or such longer period of time as the regulations may specify;
proceedings includes an arbitration or mediation;
secondary prescribed period means a period of 12 months or such longer period of time as the regulations may specify.
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Transfers from Government Agencies
16 Transfers from Government Agencies
(1) A Head of Agency is to ensure that the Agency does not dispose of any material that is or might be material of State significance without first giving the Board notice of the intended disposal.
(2) For the purpose of subsection (1) , the Head of Agency is to presume that material held by the Agency is or might be of State significance unless he or she is satisfied on reasonable grounds that it is not material of State significance.
(3) The purpose of the notice of intended disposal is to give the Board an opportunity to assess the material to determine if it would be of value to the TMAG collections.
(4) Within 30 business days after being given the notice of intended disposal (the assessment period), the Board is to assess the material and determine whether or not it should be acquired for the TMAG collections.
(5) For the purposes of subsection (4) , during the assessment period, the Head of Agency is required to –
(a) ensure that the Agency retains the material; and
(b) give the Board any information that it may by notice reasonably require concerning the material; and
(c) give members of the Board and TMAG staff (and any expert consultants to TMAG) free and reasonable access to assess the material.
(6) The Minister, on the written application of the Board made within the assessment period, may extend that period, once, by a period not exceeding 15 business days if he or she is satisfied having regard to the circumstances of a particular case that 30 business days does not give the Board sufficient time in which to properly assess the relevant material.
(7) If, within 7 business days after the assessment period ends, the Board notifies the Head of Agency that the material is required for the TMAG collections, he or she is to arrange for the material to be transferred to the Board on such terms as the Head of Agency and the Board agree or, if they cannot agree, as the Minister directs.
(8) If, within 7 business days after the assessment period ends, the Board notifies the Head of Agency that the material is not required for the TMAG collections or it fails to give the Head of Agency any notice in the matter, the Agency may dispose of the material without further reference to the Board.
(9) For the purpose of this section –
(a) a Head of Agency may at any time ask the Board for a determination as to whether particular material held by the Agency is material of State significance, and the Board may make or arrange for the making of that determination; and
(b) in any case where the Board notifies a Head of Agency that any material held by the Agency is not required for the TMAG collections, it may nevertheless make recommendations to the Head of Agency regarding the suitable disposal of the material if it thinks there is a special need to do so, and the Head of Agency may have regard to those recommendations.
(10) Nothing in this section is to be taken as affecting –
(b) any law relating to the granting of access to, or the safe disposal of, hazardous material; or
(c) any directory or mandatory disposal of material obligations that an Agency may have under another law of the State or a law of the Commonwealth; or
(d) a specific contractual obligation relating to the disposal of material by an Agency, whether on its own behalf or on behalf of the Crown.
(11) A Head of Agency is to take reasonable steps to ensure that the Agency's officers and employees, especially those having responsibilities relating to asset management, property and disposals, are aware of the provisions of this section.
assess, material, includes inspecting and examining the material and, as circumstances may require, valuing and establishing the provenance of the material and the non-destructive testing of the material;
business day means a day other than –
(a) a Saturday or Sunday; or
(b) a day that, under the Statutory Holidays Act 2000 , is to be observed as a public holiday throughout Tasmania generally;
material of State significance means material that is or may be of major artistic, cultural, heritage, scientific, technological, archaeological or other importance to the State;
notice of intended disposal means a notice under subsection (1) .
17
Disposal of material
17 Disposal of material
(1) The Board in its discretion may dispose of material from the TMAG collections if it is satisfied that –
(a) the material is unfit, unsafe or unsuitable for the collections; or
(b) the material is no longer required as part of the collections; or
(c) there are other compelling reasons for effecting the disposal.
(2) A disposal may be effected by whichever of the following means the Board in its discretion thinks is most appropriate in the circumstances:
(a) the Board is satisfied on reasonable grounds that the material has no market value or only negligible market value; or
(b) the Board is satisfied that for safety, legal, public policy or other compelling reasons the material should be destroyed.
(4) Regardless of the intended method of disposal, where the Board reasonably suspects or is satisfied that the market value of the material exceeds or might exceed the threshold value under section 18 , then –
(a) unless subsection (2)(g) applies, the Board is to notify the Minister of its intention to effect the disposal, the reasons for it, and any relevant advice, valuation or other documentation; and
(b) the Board is not to effect the disposal unless the Minister, by notice to the Board, approves the disposal.
(5) To make a decision under subsection (4)(b) , the Minister may seek such further advice from the Board, and such other advice, as he or she thinks fit.
(6) If the Minister does not approve an intended disposal to which subsection (4) applies, the Minister is to notify the Board of the reasons for so doing.
(7) The Board may include a notice of a disposal in its annual report, together with supporting explanations, and may publish such other notices regarding the disposal as it thinks fit.
18
Threshold value
18 Threshold value
(1) The Minister, after consulting the Board –
(a) is to make a determination setting a threshold value for section 17(4) ; and
(b) may from time to time make determinations setting a revised threshold value for that purpose.
(2) The Minister is to notify the Board of each determination under subsection (1) .
(3) The method of notification for subsection (2) is in the Minister's discretion and, without limiting this, the determination may be incorporated in a Ministerial direction or Ministerial statement of expectation.
Division 3
Strategic oversight and direction
Division 3 Strategic oversight and direction
19
Ministerial statements of expectation
19 Ministerial statements of expectation
(1) The Minister, by no later than 3 months before the beginning of any financial year, may give the Board a statement setting out the Minister's expectations for TMAG and the Board for that financial year (Ministerial statement of expectation).
(2) In preparing a Ministerial statement of expectation, the Minister is to have regard to the TMAG objectives and the Board's obligations in respect of those objectives.
(3) A Ministerial statement of expectation is not to purport to exert control or influence over the Board's stewardship function, particularly as regards the content of the TMAG collections.
(4) A Ministerial statement of expectation is not to purport to exert control or influence over –
(b) the content of events or activities conducted, promoted or supported by the Board; or
(c) the manner in which the Board is to deal with gifts accepted pursuant to section 14 .
(5) The Board is to discharge its responsibilities in respect of a financial year consistently with the applicable Ministerial statement of expectation.
(6) The Minister, on his or her own motion or at the request of the Board, may at any time –
(a) amend a Ministerial statement of expectation; or
(b) revoke a Ministerial statement of expectation.
(7) A Ministerial statement of expectation and any amendment or revocation thereof is to be in writing and signed by the Minister.
(8) An amendment to or revocation of a Ministerial statement of expectation takes effect on such day as is specified in the instrument of amendment or revocation.
(9) The Minister and the Board may publish Ministerial statements of expectation as, either jointly or severally, they think fit.
20
Ministerial directions
20 Ministerial directions
(1) The Minister may give the Board directions at any time (Ministerial directions) regarding the discharge of its responsibilities, including its discretionary responsibilities.
(2) In preparing a Ministerial direction, the Minister is to have regard to the TMAG objectives and the Board's obligations in respect of those objectives.
(3) A Ministerial direction is not to purport to exert control or influence over the Board's stewardship function, particularly as regards the content of the TMAG collections.
(4) Also, a Ministerial direction is not to purport to exert control or influence over –
(b) the content of events or activities conducted, promoted or supported by the Board; or
(c) the manner in which the Board is to deal with gifts accepted pursuant to section 14 .
(5) The Board is to comply with a Ministerial direction.
(6) A Ministerial direction is to be in writing and signed by the Minister.
(7) A Ministerial direction is not to conflict with an applicable Ministerial statement of expectation.
(8) The Minister is to cause a copy of a Ministerial direction to be laid before each House of Parliament within 10 sitting days after it is given.
21
Strategic plans
21 Strategic plans
(1) Every third financial year, the Board is to prepare a plan (strategic plan).
(2) The strategic plan may be in respect of the following 3 financial years or, if the Board so determines, a greater number of financial years (the planning period).
(3) In preparing a strategic plan, the Board is to have regard to the TMAG objectives and its obligations in respect of those objectives.
(4) A strategic plan is to include the following:
(a) a statement of the Board's objectives for the planning period with particular regard to the general management, operation, financial sustainability and development of TMAG including the Board's financial plans;
(b) strategies for attaining those objectives;
(c) strategies for monitoring progress towards the attainment of those objectives and for managing risk and measuring success;
(d) an appraisal, if applicable, regarding the effectiveness and the attainment of the objectives of the previous strategic plan.
(5) A strategic plan is to be consistent with –
(a) any applicable Ministerial statement of expectation; and
(b) any applicable Ministerial directions.
(6) A strategic plan is to be in such form as the Board thinks fit.
(7) In preparing a strategic plan, the Board –
(a) is to consult the Minister; and
(b) may consult such other persons as it thinks fit.
(8) After preparing a strategic plan, the Board is to submit a draft of it to the Minister for approval.
(9) The Minister may –
(a) approve the draft strategic plan as submitted; or
(b) require the Board to amend the draft strategic plan and resubmit it for approval.
(10) To avoid doubt, the Minister's power under subsection (9)(b) may be exercised more than once.
(11) Once a draft strategic plan has been approved by the Minister for a planning period –
(a) it takes effect as the strategic plan of the Board for that planning period; and
(b) the Board is to act during that planning period in accordance with the strategic plan.
(12) The Board, having regard to changes of circumstance or for other reasonable cause, may prepare an amendment to its strategic plan at any time.
(13) Subsections (7) , (8) , (9) and (10) have the same application to an amendment as they have to the plan itself and the amendment takes effect once it has been approved by the Minister.
(14) The Board may publish a strategic plan as it thinks fit.
22
Annual business plans
22 Annual business plans
(1) The Board, on or before 31 March in each financial year, is to prepare a business plan for the following financial year.
(2) In preparing a business plan, the Board is to have regard to the TMAG objectives and the Board's obligations in respect of those objectives.
(3) A business plan is to –
(a) be consistent with the applicable strategic plan, the applicable Ministerial statement of expectation and any applicable Ministerial directions; and
(b) include a statement of the manner in which the Board is to meet the business and financial objectives of the applicable strategic plan or, for the final year of a planning period under section 21 , its next strategic plan.
(4) After preparing a business plan, the Board is to submit a draft of it to the Minister for approval.
(5) The Minister may –
(a) approve the draft business plan as submitted; or
(b) require the Board to amend the draft business plan and resubmit it for approval.
(6) To avoid doubt, the Minister's power under subsection (5)(b) may be exercised more than once.
(7) Once a draft business plan has been approved by the Minister for a financial year –
(a) it takes effect as the business plan of the Board for that financial year; and
(b) the Board is to act during that financial year in accordance with the business plan.
(8) The Board, having regard to changes of circumstance or for other reasonable cause, may prepare an amendment to its business plan at any time.
(9) Subsections (4) , (5) and (6) have the same application to an amendment as they have to the plan itself and the amendment takes effect once it has been approved by the Minister.
(10) The Board may publish a business plan as it thinks fit.
Part 3
Administration
Part 3 Administration
23
TMAG Director
23 TMAG Director
Subject to and in accordance with the State Service Act 2000 , a person is to be appointed as Director of the Tasmanian Museum and Art Gallery for the purposes of this Act.
24
Role of Director
24 Role of Director
(1) The Director is responsible to the Board for the general administration and management of TMAG.
(2) The Director is to act as secretary to the Board and, in that capacity, may attend any meeting of the Board unless the Board, in respect of a particular meeting or particular business before it at a meeting, decides otherwise.
(3) The Director is to –
(a) comply with any directions given to the Director by the Board; and
(b) discharge any responsibilities delegated to the Director by the Board; and
(c) discharge such other responsibilities as the Director may be given by this or any other Act.
(4) The Board and Director may enter into an agreement relating to the Board's expectations on the discharge of the Director's responsibilities.
25
TMAG staff
25 TMAG staff
(1) Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purposes of this Act.
(2) The Director may give the persons so appointed or employed directions relating to their responsibilities and those persons are to comply with those directions.
(a) keep accounting records that correctly record and explain its transactions (including any transactions as trustee) and financial position; and
(b) keep those records in a manner that –
(i) allows true and fair accounts of the Board to be prepared from time to time; and
(ii) allows the accounts of the Board to be conveniently and properly audited or reviewed; and
(iii) subject to any contrary written direction of the Treasurer, complies with Australian Accounting Standards; and
(iv) complies with any written directions of the Minister or Treasurer; and
(c) retain those records for a period of not less than 7 years after the completion of the transaction to which they relate or for such longer period as the Treasurer may determine and notify to the Board.
31
Annual report
31 Annual report
(1) The Board is to prepare an annual report for each financial year.
(2) The annual report is to include at least the following:
(a) a report on TMAG and the Board's activities and performance for the financial year, with particular reference to the TMAG objectives and the Board's stewardship function;
(b) the financial statements of the Board for the financial year;
(c) a copy of the Auditor-General's report on those financial statements, as prepared and provided under section 19 of theAudit Act 2008 ;
(d) the Board's business plan for the financial year (or a summary or particulars thereof);
(e) the Board's strategic plan for the period encompassing the financial year (or a summary or particulars thereof);
(f) the Ministerial statement of expectation for the financial year (or a summary or particulars thereof);
(g) particulars of any Ministerial directions issued in or in respect of the financial year and any actions taken by the Board in respect of those directions;
(h) any information that the Minister or Treasurer has, by notice to the Board, required to be put in the report.
(3) The Board is to give the annual report to the Minister by no later than 31 October after the end of the financial year.
(4) The Minister is to cause a copy of the annual report to be laid before each House of Parliament within the first 10 sitting-days of that House after he or she receives the report.
The Board may make arrangements with The Royal Society of Tasmania for services and facilities of the Board, including rooms within TMAG premises, to be made available to that body.
33
Establishment of TMAG Foundation
33 Establishment of TMAG Foundation
(1) The Board may establish, or participate in the running of, an incorporated association or a body corporate for the main purpose of raising funds and receiving donations to further the TMAG objectives.
(2) A body or association established under subsection (1) must not operate so as to hinder or detract from the TMAG objectives.
(3) A body or association established under subsection (1) is to be known as the TMAG Foundation, or by such other name as the Minister approves.
34
Regulations
34 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , the regulations may make additional provision in respect of notices and procedures under and for section 16 .
(3) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, as specified in the regulations.
(4) The regulations may authorise any matter to be from time to time determined by the Minister or the Board.
(5) The regulations may –
(a) provide for savings or transitional matters necessary or expedient for bringing this Act into operation; and
(b) provide for any of those savings or transitional matters to take effect on the commencement day or on a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made.
(1) A member is appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment and, if eligible, may be reappointed.
(2) A member may serve any number of terms as chairperson but not more than 2 such terms, of whatever duration, in succession.
2. Holding other office
The holder of an office who is required by the terms of his or her employment to devote the whole of his or her time to the duties of that office is not disqualified from –
(a) holding that office and also the office of a member; or
(b) accepting any remuneration payable to a member.
(1) The State Service Act 2000 does not apply in respect of a member in his or her capacity as a member.
(2) A person may hold the office of member in conjunction with State Service employment.
4. Remuneration and conditions of appointment
(1) A member is entitled to be paid such remuneration and allowances as the Minister determines.
(2) A member who is a State Service employee or State Service officer is not entitled to remuneration or allowances under this clause except with the approval of the Minister administering the State Service Act 2000 .
(3) A member holds office on such conditions in respect of matters not provided for by this Act as are specified in the member's instrument of appointment.
(2) The Minister may remove a member from office if the member –
(a) is absent from 3 consecutive meetings of the Board without the permission of the other members of the Board; or
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or
(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a term of 12 months or longer or a fine of 200 penalty units or more; or
(d) fails to disclose a pecuniary interest as required under clause 7 of Schedule 2 ; or
(e) has benefited from, or claimed to be entitled to benefit from, a contract made by or on behalf of the Board, other than a contract for a good or service ordinarily supplied by the Board and supplied on the same terms as that good or service is ordinarily supplied to other persons in the same situation.
(3) The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.
(4) A member must not be removed otherwise than in accordance with this clause.
6. Filling of vacancies
If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.
7. Validation of proceedings, &c.
(1) An act or proceeding of the Board or of a person acting under any direction of the Board is not invalidated by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the office of a member.
(2) All acts and proceedings of the Board or of a person acting under a direction of the Board are, despite the subsequent discovery of a defect in the appointment of a member or that any other person was disqualified from acting as, or incapable of being, a member, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Board had been fully constituted.
8. Presumptions
In any proceeding by or against the Board, unless evidence is given to the contrary, proof is not required of –
(a) the constitution of the Board; or
(b) the appointment of any member.
SCHEDULE 2 - Meetings of Board
SCHEDULE 2 - Meetings of Board
SCHEDULE 2 - Meetings of Board SCHEDULE 2 - Meetings of Board
(1) The chairperson, after giving each member reasonable notice of a meeting –
(a) may convene a meeting at any time; and
(b) must convene a meeting when requested to do so by 2 or more other members.
(2) If the chairperson is absent from duty or otherwise unable to perform the duties of the office, a meeting may be convened, after reasonable notice of the meeting has been given of the meeting, by –
(a) three or more other members; or
(b) a person authorised by the Board to do so.
(3) For the purposes of subclauses (1) and (2) , what constitutes reasonable notice is to be determined by the Board.
2. Presiding at meetings
(1) The chairperson is to preside at all meetings of the Board at which he or she is present.
(2) If the chairperson is not present at a meeting of the Board, a member elected by the members present at the meeting is to preside.
3. Quorum and voting at meetings
(1) At a meeting of the Board, a quorum is constituted by a majority of the total number of members appointed.
(2) A meeting of the Board at which a quorum is present is competent to transact any business of the Board.
(3) At a meeting of the Board –
(a) the member presiding has a deliberative vote only; and
(b) a question is decided by a majority of votes of the members present and voting.
(4) At a meeting of the Board where a member is excluded from being present and taking part in the consideration and decision of the Board in respect of a matter, a quorum for the purposes of considering and making a decision in respect of that matter is constituted by the number of members specified as constituting a quorum in subclause (1) less the number of members so excluded.
4. Conduct of meetings
(1) Except as provided by this Act, the Board may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.
(2) The Board may permit members to participate in a particular meeting or all meetings by –
(a) telephone; or
(b) video conference; or
(c) any other means of communication approved by the Board.
(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.
(4) Without limiting subclause (1) , the Board may allow a person to attend a meeting for the purpose of advising or informing it on any matter.
(5) Nothing in section 24(2) prevents the Board from seeking, at any meeting at which the Director is present and acting as secretary to the Board, advice or information from the Director.
5. Absences
(1) A member is to take reasonable steps to inform the chairperson if he or she will, or is likely to be, unable to attend a meeting.
(2) The Board may permit a member to be absent from more than 3 consecutive meetings but such permission is not to be granted retrospectively.
(3) To avoid doubt, a permission under subclause (2) is taken not to be retrospective if it is granted at any time before the third consecutive meeting that the member does not attend.
6. Minutes
The Board is to keep accurate minutes of its meetings.
7. Disclosure of interests
(1) If a member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Board, the member must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest to the Board.
Penalty: Fine not exceeding 10 penalty units or a term of imprisonment not exceeding one month, or both.
(2) Unless the Board otherwise determines, a member who has made a disclosure under subclause (1) in respect of a matter must not –
(a) be present during any deliberation of the Board in respect of the matter; or
(b) take part in any decision of the Board in respect of the matter.
(3) For the purpose of making a determination under subclause (2) , the member to whom the determination is to relate must not –
(a) be present during any deliberation of the Board for the purpose of making the determination; or
(a) in respect of a contract for goods or services supplied by the Board if those goods or services are ordinarily supplied by the Board and are supplied on the same terms as they are ordinarily supplied to other persons in the same situation; or
(b) in respect of an interest that arises only because the member is also a State Service officer or State Service employee.
8. General procedure
Except as provided by this Act, the Board may regulate its own proceedings.
9. Presumptions
In any proceeding by or against the Board, unless evidence is given to the contrary, proof is not required of –
(a) any resolution of the Board; or
(b) the presence of a quorum at any meeting of the Board.
The appointments of those persons who, immediately before the commencement day, were members of the former Board are terminated but those persons are, if qualified, eligible to be nominated and appointed as members of the Board under this Act.
2. Employees
Those persons (if any) who, immediately before the commencement day, were appointed or employed for the purposes of the former Act pursuant to section 4A of that Act are taken to be persons appointed or employed, on the same terms, for the purposes of this Act pursuant to section 25 .
3. References to former Board
On and after the commencement day, a reference to the former Board in any will, bequest or other document is taken, where appropriate, to include a reference to the Board.
4. Acts, &c., done by former Board
To avoid doubt, all acts, matters and things done or omitted to be done by, or done or suffered in respect of, the former Board before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or been done or suffered in respect of, the Board.
5. Assets and liabilities
(1) To avoid doubt, the property of the Board is –
(a) such part of the property referred to in section 5 of the former Act as remained vested in the trustees of the former Board immediately before the commencement day; and
(b) such other property as was vested in the trustees of the former Board immediately before the commencement day.
(2) To avoid doubt, any liabilities that the former Board had before the commencement day remain liabilities of the Board.
6. Accounts
To avoid doubt, any account maintained by the former Board under the former Act immediately before the commencement day is, on that day, taken to be an account maintained by the Board and any funds in that account are funds of the Board.
7. Proceedings, &c.
(1) To avoid doubt –
(a) any legal or other proceedings instituted by or against the former Board and still pending immediately before the commencement day may be continued by or against the Board; and
(b) any judgement or order of a court obtained before the commencement day by or against the former Board may be enforced by or against the Board; and
(c) any document relating to legal or other proceedings that was served by or on the former Board before the commencement day is taken, where appropriate, to have been served by or on the Board; and
(d) any contract made or entered into by the former Board but not performed or discharged by the commencement day is taken to have been made or entered into by the Board; and
(e) any non-contractual arrangement or undertaking made or given by the former Board but not discharged, satisfied, honoured or otherwise terminated by the commencement day is taken to have been made or given by the Board.
(2) To avoid doubt, the Deed dated 10 January 2008 entered into by the Royal Society of Tasmania and the Trustees of the Tasmanian Museum continues in force according to its terms.
8. Dormant by-laws, rules and orders
Any by-laws, rules or orders made under or referred to in section 6 of the former Act that may still have been actually, nominally or purportedly in place immediately before the commencement day are rescinded and of no further effect.
9. Unclaimed material
To avoid doubt, section 15 applies to unclaimed material that was in the Board's possession immediately before the commencement day.
10. Initial strategic plan
(1) For its initial strategic plan under this Act, the Board, subject to the approval of the Minister, may adopt any long-term plan that the former Board had in place for TMAG immediately before the commencement day (subsisting plan).
(2) If the Minister approves the adoption of the subsisting plan, it takes effect and continues in operation according to its terms as the Board's initial strategic plan under this Act and it is taken to have been prepared and approved in all respects in accordance with section 21 .
(3) Once the subsisting plan has been adopted by the Board under this clause –
(a) subsections (12) , (13) and (14) of section 21 have the same application to the subsisting plan as they have to a strategic plan prepared after the commencement day; and
(b) notwithstanding section 21(1) , the Board may prepare a fresh strategic plan under this Act at any time during the currency of the subsisting plan.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Tasmanian Museum and Art Gallery Act 2017 .
2 Commencement
2 Commencement
This Act commences on a day to be proclaimed.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
applicable, in relation to a direction, statement or plan mentioned in any provision, means the particular direction, statement or plan in effect at or during the time or period to which the provision applies or is being considered;
Board means the Board of Trustees of the Tasmanian Museum and Art Gallery;
care, of material, includes the cataloguing, conservation, curation, maintenance, security and storage of the material;
chairperson means the chairperson of the Board;
commencement day means the day proclaimed under section 2 ;
Director means the person for the time being holding or acting in the office referred to in section 23 ;
financial year means the 12-month period ending on 30 June in any year;
former Act means the Tasmanian Museum Act 1950 ;
former Board means the board of trustees established by section 3 of the former Act;
gift includes any kind of donation;
material includes any item or part of the material;
establishes roles and employment arrangements for a Director and TMAG staff (ss23-25);
authorises the Board to form a TMAG Foundation for fundraising subject to limitations (s33);
creates procedural and evidentiary rules (Schedules 1-3), transitional arrangements from the former Tasmanian Museum Act 1950, and repeals that former Act (Schedules 3 & 5; s38).
The Act also creates specific administrative duties and constraints that change behaviour: Ministers can issue written statements of expectation and directions (s19-20); the Board must obtain Ministerial approval for strategic/business plans and certain disposals (ss21-22, 17-18); the Treasurer can modify Treasurer’s instructions as they apply to the Board (s26). The Act excludes some common-law limits and taxation duties for gifts accepted by the Board (s14). It also creates statutory protections for Board members (s11) and statutory penalties for failure to disclose pecuniary interests by members (Schedule 2 cl 7(1)).
This description reflects what the text prescribes. The Act repeatedly frames the Minister’s instruments as not intended to "purport to exert control" over stewardship (s19(3), s20(3)), while at the same time making some Ministerial instruments binding (s19(5), s20(5)). The Act establishes trade-offs between Board autonomy over collections and Ministerial oversight over planning, high-value deaccessioning and compliance processes. The sections cited describe mechanisms that will change how TMAG and other State agencies handle acquisition, disposal, planning, funding and reporting.
Main concepts
The Act organises itself around a small set of statutory concepts that determine decision rights, objectives and procedures. Key concepts that recur in the text and that determine incentives and constraints are set out below, with the relevant provisions.
TMAG objectives and stewardship function. The institutional objectives (TMAG objectives) are stated in section 5: care and development of the collections, targeted acquisition (with emphasis on Tasmanian relevance), exhibition and educational use, and research. The Board’s stewardship function is defined in s8(3) and tied to those objectives; the Board must "have constant regard" to the TMAG objectives when acting (s8(4), s9(4), s8(1)(a)-(f)). These clauses set the Board’s primary policy lens and constrain exercise of powers to those that "best meet and advance" the objectives.
Board as corporate trustee and instrumentality. The Board continues as a corporate body with perpetual succession and instrumentality-of-the-Crown status (s6). It may sue and be sued in its corporate name (s6(2)(b)). This concept assigns legal personality and clarifies liability flows, noting that members have statutory personal protection for acts in good faith (s11).
Ministerial instruments versus Board discretion. Two separate channels of Ministerial influence exist: non-binding or directional statements of expectation (s19) and binding Ministerial directions (s20). The Act states that neither instrument is to "purport to exert control or influence" over the stewardship function or certain collection/content decisions (s19(3)-(4); s20(3)-(4)), but it also requires the Board to act consistently with a Ministerial statement of expectation (s19(5)) and to comply with Ministerial directions (s20(5)). Strategic and business plans prepared by the Board require Ministerial approval and may be returned for amendment (ss21(8)-(11), 22(4)-(7)).
Acquisition and disposal rules. Acquisition methods are enumerated (s13). Acceptance of gifts is permitted on lawful conditions and the Act expressly disapplies the rule against perpetuities and the Duties Act for accepted gifts (s14(1)-(3)). Disposal of collection material is permitted at the Board’s discretion where material is unfit, no longer required, or there are other reasons (s17(1)). However, disposals with market value exceeding a ministerially determined threshold require Ministerial notification and approval (ss17(4), 18). Unclaimed material is subject to a statutory search, reclaim and prescribed periods process; property vests in the Board on prescribed outcomes and the Board obtains immunity for acts done in accordance with s15 (s15(2)(f),(h)).
State agency transfer process. Heads of Agency must give notice before disposing of material that "is or might be material of State significance" (s16(1)). Agencies must presume material may be of State significance unless reasonably satisfied otherwise (s16(2)). The Board has a 30-business-day assessment window and may request information and access; acceptance triggers transfer negotiation or Ministerial direction if parties cannot agree (s16(4)-(7)). If the Board declines or fails to notify, the Agency may proceed (s16(8)).
Financial controls and reporting. Treasurer’s instructions under the Financial Management Act apply to the Board as if it were an Agency, subject to modification by the Treasurer (s26). Funds consist of State money, money received in connection with responsibilities, and other money (s28). Investments of certain Board funds are permitted subject to the Tasmanian Public Finance Corporation Act and Ministerial instructions (s29). Accounting, retention and audit requirements are prescribed (ss30-31).
Governance processes. Membership numbers, expertise mix, appointment and removal procedures are in s7 and Schedule 1. Meetings, quorum, disclosure of interests and minutes are governed in Schedule 2; disclosure failures attract the sole specified penalty (Schedule 2 cl 7(1)). Delegation rules allow delegation to members or Director but not to committees (s12).
Across these concepts, the Act mixes delegated autonomy for the Board with explicit Ministerial oversight and reporting obligations. The Act makes provision for fundraising and third‑party bodies (TMAG Foundation, s33), for relations with the Royal Society of Tasmania (s32; Schedule 3 preserves a 2008 Deed), and for transitional continuity from the 1950 Act (Schedules 3 and 5).
Who it affects
The Act creates or alters legal positions for several distinct actor groups: the Board and its members, TMAG management and staff, the Minister and Ministerial offices, State agencies (and their Heads), donors and lenders, the Tasmanian community (as beneficiaries/users), and external contractors and museums.
The Board and Board members. The Board obtains corporate powers and stewardship responsibilities (s6, s8-9). Members are appointed by the Minister (s7), must collectively hold specified expertise (s7(3)), and may be paid remuneration and allowances as the Minister determines (Schedule 1 cl 4). Members are shielded from personal liability for acts done in good faith in the exercise of their office (s11(1)), but they are subject to removal for absenteeism, bankruptcy, conviction of certain offences, failure to disclose pecuniary interests and incompetence (Schedule 1 cl 5). Members must comply with the procedural rules in Schedule 2, including disclosure of pecuniary interests subject to an express penalty (Schedule 2 cl 7(1)). Schedule 1 also limits chairperson successive terms (not more than two in succession) (Schedule 1 cl 1(2)).
The Director and TMAG staff. The Director is a statutory appointment under the State Service Act and is responsible to the Board for administration and management (s23-24). TMAG staff are appointed under the State Service Act framework (s25). The Director acts as secretary to the Board and may be a member of advisory committees (s24(2), s10(3)).
The Minister and executive agencies. The Minister appoints the Board and chairperson (s7(4)), may issue Ministerial statements of expectation (s19) and directions (s20), approves strategic and business plans (ss21-22), determines the threshold value for high-value disposals (s18), may extend assessment periods in agency transfer cases (s16(6)), and must be provided with annual reports to lay before Parliament (s31). The Treasurer can modify Treasurer's instructions as they apply to the Board (s26).
Head of Agency and State agencies. Heads must not dispose of material that "is or might be material of State significance" without first giving notice to the Board (s16(1)). Heads must presume potential significance unless satisfied to the contrary (s16(2)). During the 30-business-day assessment period the Agency must retain the material and provide requested information and access (s16(4)-(5)). The Agency may dispose if the Board declines or fails to notify after the assessment period (s16(8)).
Donors, lenders and owners. Donors and lenders interact with the Board’s acceptance powers (s14). Gifts accepted by the Board are exempt from the Duties Act and the rule against perpetuities does not apply to conditions of gifts accepted by the Board (s14(2)-(3)). Owners of unclaimed material face a regime which may result in forfeiture and property vesting in the Board following prescribed procedures and timeframes (s15(2)(f)). The Board has immunity for holding, release or disposal done under s15 (s15(2)(h)).
Funders and private sector. The Board may set and charge reasonable fees and engage in marketing and fundraising (s9(1)(e), s8(1)(e)). It may establish a TMAG Foundation to raise funds and receive donations (s33(1)-(3)); the Foundation must not operate in a way that hinders or detracts from the TMAG objectives (s33(2)).
The public and research community. The Act explicitly mandates community access, educational use and research support as TMAG objectives (s5(e)-(f); s8(3)(e)-(f)). These provisions create statutory expectations that the Board will facilitate exhibitions, promotion and educational activities.
In practical terms, the Act imposes procedural obligations on State agencies when considering disposals (s16), sets approval and reporting obligations for the Board vis-à-vis the Minister and Treasurer (ss21-26, 31), and creates a framework that affects donors (s14), owners of unclaimed material (s15), and third-party institutions that might borrow or cooperate with TMAG (s9(1)(c)). The Act also affects existing contractual and property relations by vesting assets and liabilities of the former Board in the new Board (Schedule 3 cl 5).
Key duties and rights
This section summarises the statutory duties the Act imposes and the rights it confers, linked to the corresponding provisions.
Board duties and obligations
Stewardship and objective duty. The Board must perform its strategic functions and stewardship function in accordance with the TMAG objectives and "have constant regard" to those objectives in exercising powers (s8(1)-(4); s5). In performance of powers, the Board must act in a way that best meets and advances the objectives (s8(4), s9(4)).
Planning and reporting duties. The Board must prepare a strategic plan every third financial year (s21(1)), and annual business plans by 31 March for the following year (s22(1)). Draft strategic and business plans must be submitted to the Minister for approval, and the Minister can require amendments (ss21(8)-(11), 22(4)-(7)). The Board must prepare an annual report containing specified material, including financial statements and Ministerial directions issued (s31(1)-(2), (3)).
Financial record‑keeping and audit. The Board must keep accounting records sufficient for true and fair accounts, comply with Australian Accounting Standards subject to any contrary written direction of the Treasurer, retain records for at least seven years, and submit audited financial statements with the annual report (s30( a)-(c); s31(2)(b)-(c)).
Disclosure, minutes and procedural duties. The Board must keep accurate minutes (Schedule 2 cl 6), follow meeting and quorum rules (Schedule 2 cl 1-4), and members must disclose direct or indirect pecuniary interests as soon as practicable (Schedule 2 cl 7(1)).
Disposal and transfer duties. Before disposing of collection items, the Board must satisfy itself that items are unfit, unnecessary or otherwise justified in disposal (s17(1)). If items may exceed the threshold value, the Board must notify the Minister and obtain approval before disposal (s17(4)). In transfers from State agencies, the Board has a 30-business-day assessment period to decide whether to acquire the material and must notify the Head of Agency within 7 business days after the assessment period if the Board requires transfer (s16(4), (7)).
Board rights and powers
Corporate powers. The Board can acquire, hold, dispose and otherwise deal with property; enter contracts; create cooperative arrangements with other institutions (s9(1)(a)-(c)); control access and uses of TMAG premises and collections (s9(1)(d)); and set and charge reasonable fees (s9(1)(e)). The Board may also invest certain funds (s29), open bank accounts (s27), and establish the TMAG Foundation (s33).
Delegation. The Board may delegate powers or functions (other than the power of delegation itself) to any member or the Director, but not to committees (s12(1)-(2)).
Acceptance of gifts and exemptions. The Board may accept or decline gifts and carry out lawful conditions of gifts (s14(1)). The rule against perpetuities and the Duties Act do not apply to conditions of gifts accepted by the Board (s14(2)-(3)).
Ministerial and Minister duties/rights
Statement of expectation and direction powers. The Minister may issue statements of expectation (s19) and written directions (s20). Statements must be given by no later than three months before the financial year (s19(1)); directions must be in writing and signed (s20(6)). The Minister must lay directions before each House of Parliament within 10 sitting days after they are given (s20(8)).
Plan approval and disposal oversight. The Minister approves drafts of strategic and business plans and may require amendments (ss21(8)-(11), 22(4)-(7)). The Minister sets and may revise the threshold value for disposals requiring approval after consulting the Board (s18). The Minister may extend the Board’s assessment period for agency transfers once, by up to 15 business days (s16(6)). The Minister may require the Head of Agency to transfer material where Board and Head cannot agree (s16(7)). Where the Minister disapproves a disposal (s17(4)), the Minister is to notify the Board of reasons (s17(6)).
State agency duties
Notice and assessment obligations. Heads of Agency must give notice of intended disposal where material is or might be of State significance (s16(1)), retain the material during the assessment period, give the Board information and access as reasonably required (s16(4)-(5)), and ensure officers are aware of s16 (s16(11)).
Other rights and protections
Member immunity. Members do not incur personal liability for acts in good faith in their role (s11(1)). The Board and Crown are not prevented from incurring liabilities the member would have (s11(2)).
Unclaimed material vesting and immunity. On the Board following prescribed procedures and periods, material may vest in the Board as abandoned and other persons forfeit rights; the Board has immunity for actions taken under s15(2)(h).
Penalty for conflict nondisclosure. A member who fails to disclose a pecuniary interest commits an offence carrying a fine not exceeding 10 penalty units or imprisonment for up to one month, or both (Schedule 2 cl 7(1)).
These duties and rights shape the Board’s incentives: statutory stewardship and property powers give the Board operational levers, while Ministerial approval, Treasurer’s instructions and statutory financial and reporting duties create oversight and compliance requirements. The Act balances discretionary Board powers with administrative oversight and legal constraints advertised in the specific provisions cited above.
Penalties and enforcement
The Act includes a limited set of explicit penalties and several mechanisms for oversight and enforcement, some of which are administrative rather than criminal.
Explicit criminal/penal provisions
Pecuniary interest disclosure. The only explicit monetary/criminal penalty in the text concerns a member’s failure to disclose a direct or indirect pecuniary interest. Schedule 2 cl 7(1) prescribes a penalty: a fine not exceeding 10 penalty units or imprisonment not exceeding one month, or both. The clause requires disclosure "as soon as practicable" and, unless the Board otherwise determines, prevents the member from being present or taking part in the relevant deliberation or decision (Schedule 2 cl 7(1)-(3)).
Administrative enforcement and compliance mechanisms
Ministerial directions and parliamentary laying. Ministerial directions to the Board are binding (s20(5)). The Minister must lay a copy of any direction before each House of Parliament within 10 sitting days after it is given (s20(8)). The requirement to lay directions facilitates parliamentary oversight and public transparency; non-compliance with a direction would be enforceable through the administrative and political accountabilities that follow from statutes and conventions.
Plan approval and remedial interaction. The Minister may approve or require amendment of strategic and business plans (ss21(8)-(11), 22(4)-(7)). Where the Minister requires amendments, the Board must resubmit and act only once approval is given. These approval powers function as an enforcement lever to shape Board strategy and business activity; failure to comply would attract administrative consequences via the Minister.
Disposal approval process. The Minister sets the threshold value for disposals requiring approval (s18) and must approve disposals above that threshold after receiving notice from the Board (s17(4)). If the Minister disapproves, he or she must notify the Board of reasons (s17(6)). This creates an administrative gate over high-value deaccessioning; the Board cannot effect such disposals without Ministerial consent.
Removal of members. The Minister may remove members from office for a limited set of grounds (Schedule 1 cl 5(2)-(3)): absenteeism from three consecutive meetings without permission, bankruptcy/insolvency, conviction of a serious offence (imprisonment ≥12 months or fine ≥200 penalty units), failure to disclose pecuniary interests, benefiting from a Board contract except in specified terms, or inability to perform duties adequately (Schedule 1 cl 5).
Treasurer’s instructions and financial compliance. The Board is subject to Treasurer’s instructions as if an Agency under the Financial Management Act, subject to modification by the Treasurer (s26). Compliance with Treasurer’s instructions and the Financial Management Act is typically enforced through audit, budgetary control and the Auditor-General’s reporting (s31(2)(c)). Non-compliance would therefore attract financial management and audit scrutiny rather than direct penal sanctions within this Act.
Audit and reporting. The Board’s annual report must include its financial statements and the Auditor-General’s report on those statements (s31(2)(b)-(c)). Annual reports are to be delivered to the Minister and laid before Parliament (s31(3)-(4)). The Auditor-General’s role and parliamentary visibility enable detection and public scrutiny of financial irregularities.
Immunities and limits on actions
Member indemnity. Members are protected from personal liability for good-faith acts in their role (s11(1)); the Crown and Board are not prevented from incurring liabilities the member would have incurred (s11(2)). This shifts exposure from individual members to the Board and Crown.
Unclaimed material immunity. The Board is immune from actions in respect of holding, release or disposal of unclaimed material carried out in accordance with s15 (s15(2)(h)). This limits private legal challenge over disposals following the statutory procedure, subject to any contrary court order.
Enforcement architecture: combination of administrative controls, audit and parliamentary oversight
Overall, enforcement relies mainly on administrative controls, ministerial appointment and removal powers, Treasurer’s financial direction and audit/reporting mechanisms rather than a broad criminal enforcement regime. The Act provides for a specific criminal penalty for nondisclosure of pecuniary interests by Board members, and otherwise allocates oversight to ministerial and parliamentary accountability channels (s20(8), s31(3)-(4)), financial management oversight (s26, s30, s31), and removal for specified conduct (Schedule 1). The Board’s own procedural rules and statutory immunities also shape the practical enforcement landscape.
How it interacts with other laws
The Act interacts explicitly with a number of other statutes and legal doctrines, either by importing, modifying or excluding their operation, and it preserves or alters existing arrangements through transitional provisions. All cross-references are textual in the Act.
Express cross-references and exceptions
State Service Act 2000. The Director and TMAG staff appointments are made "subject to and in accordance with" the State Service Act 2000 (ss23, 25). Schedule 1 clarifies that the State Service Act does not apply in respect of a member in his or her capacity as a member (Schedule 1 cl 3(1)) and allows holders of offices who must devote full time to an office to simultaneously hold membership (Schedule 1 cl 2). Section 35 assigns administration of this Act initially to the Minister for the Arts and the Department of State Growth until administrative arrangements are made (s35).
Financial Management Act 2016 and Treasurer’s instructions. Treasurer’s instructions under the Financial Management Act apply to the Board as if it were an Agency, subject to the Board being modifiable in application by the Treasurer (s26). Section 29 further imports the Tasmanian Public Finance Corporation Act 1985 constraint on investment (s29 referencing s16 of that Act).
Audit Act 2008. The Act requires the Board’s annual report to include the Auditor-General’s report under section 19 of the Audit Act 2008 (s31(2)(c)), thereby integrating the Board’s financial statements into the Auditor‑General’s audit framework.
Duties Act 2001 and rule against perpetuities. The Act disapplies the Duties Act 2001 to gifts accepted by the Board (s14(3)) and provides that the rule against perpetuities does not apply to any condition of a gift accepted by the Board (s14(2)). These exclusions alter the tax and property-law consequences of gifts to TMAG.
Archives Act 1983 and other laws. Section 16(10) specifies that nothing in section 16 affects the operation of the Archives Act 1983, laws about hazardous material disposal, mandatory disposal obligations under other State or Commonwealth laws, or specific contractual obligations an Agency may have. These carve-outs preserve the primacy of other statutory regimes in their spheres.
Existing contractual and property arrangements and transitional continuity. Schedule 3 ensures that acts, contracts, proceedings, assets and liabilities of the former Board continue in force and are carried over to the new Board (Schedule 3 cl 4-7). The Tasmanian Museum Act 1950 is repealed by Schedule 5 and the 2017 Act therefore replaces that framework (s38; Schedule 5).
Delegation, incorporation and regulation-making
Regulations and delegation. The Governor may make regulations for the purposes of the Act, with express power to make additional provision in respect of notices and procedures under s16 and to authorise any matter to be determined by the Minister or the Board (s34(1), (2), (4)). The Act thus contemplates delegated rule-making to flesh out operational interactions with other law, particularly administrative notice procedures.
Interaction with common law. The Act expressly modifies or excludes particular common-law doctrines (rule against perpetuities in relation to gifts, s14(2)). It also creates statutory protections and immunities (s11, s15(2)(h)) which alter common-law liability positions.
Operational implications of interactions
Where other statutes already regulate disposal, archives, hazardous materials, or property management, s16(10) clarifies s16 will not override them. This requires agencies and TMAG to coordinate compliance across multiple statutory regimes when considering transfer, retention or disposal of material.
Financial and audit interactions mean that the Board, while a corporate body and instrumentality of the Crown, will be subject to public sector financial controls, reporting and audit processes under the Financial Management Act and Audit Act (s26, s31). The Treasurer’s modification power introduces an additional avenue for the executive to shape financial governance.
The disapplication of certain duties/tax rules for gifts (s14(3)) affects donors’ legal and tax positions and reduces transaction costs for conditional gifting to TMAG, subject to any other law.
All cross-references in this section are to provisions in the Act that explicitly import, exclude or interact with other statutes; implementation will require practical coordination between TMAG, the Minister’s department, the Treasurer, the Auditor-General and other State agencies to manage overlapping statutory obligations.
Amendment history
The textual source itself contains a limited, explicit amendment history indication within the statute text. From the enacted text provided:
Section 26 (Treasurer's instructions) carries marginal amendment notes: subsections were amended by No. 38 of 2020, Schedule 1, with the amendment applied 27 November 2020. The text shows legislative annotation: "[Section 26 Subsection (1) amended by No. 38 of 2020, Sched. 1, Applied:27 Nov 2020]" and similar annotations for subsections (s26(1), s26(3), s26(4)). Those annotations indicate that s26 was changed by an amending Act (No. 38 of 2020) and that the amendments took effect on the stated date. The amended wording in s26 now expressly imports Treasurer’s instructions under the Financial Management Act and allows the Treasurer to modify those instructions in their application to the Board (s26(1)-(3)).
Repeal of former legislation. The Act repeals the Tasmanian Museum Act 1950 by Schedule 5 (s38). Schedule 3 transitional provisions effect the legal transition from the former Board to the new Board, including termination of former appointments but facilitating reappointment (Schedule 3 cl 1), continuation of employees on the same terms (Schedule 3 cl 2), and transfer of assets and liabilities (Schedule 3 cl 5). The text therefore records the functional legislative succession.
Schedules as vehicles for transitional and consequential amendments. Schedule 4 lists consequential amendments to other statutes (Aboriginal Heritage Act 1975, Duties Act 2001, Local Government Act 1993, Meteorites Act 1973, Tasmanian Museum Act 1950, and the present Act itself), indicating that enactment modified related statutes or included consequential provisions. Schedule 3 also preserves the Deed dated 10 January 2008 between the Royal Society of Tasmania and the Trustees of the Tasmanian Museum, and allows adoption of a subsisting long-term plan by the new Board subject to Ministerial approval (Schedule 3 cl 10).
No other in-text amendment notes are supplied in the provided source. The Act’s commencement is by proclamation (s2), so the date of commencement may differ from assent and is to be read against any proclamations. The only explicit historical change noted in the text provided is the 2020 amendment to s26; other changes, if any, are not recorded in the copy supplied.
For a complete legislative history beyond the in-text annotations, users should consult official parliamentary records and the consolidated statute database; the present text must be taken as the authoritative in-force wording together with the annotated amendment note for s26.
Litigation history
The text supplied contains no judicial decisions, no references to cases, and no reported litigation or disputes arising under the Act. The Act itself does not list any cases, nor does it cite or incorporate precedent decisions.
Practical inference from the Act’s provisions about likely litigation nodes
Although no cases are named in the source, the Act establishes several legal areas where disputes could plausibly arise and thus be litigated in future:
disputes about whether material in an agency is "material of State significance" or whether a Head of Agency reasonably presumed otherwise under s16(2) and the Board’s corresponding assessment (s16(4)), potentially producing judicial review claims about the adequacy of the assessment, procedural fairness, or the exercise of discretion;
challenges to disposals where the Board and the Minister disagree about disposability or threshold valuation, including disputes over the ministerially determined threshold value or procedural compliance under ss17-18;
ownership disputes over unclaimed material where competing claimants assert rights after TMAG’s processes have proceeded; note that s15(2)(f) purports to vest property in the Board subject to any court order, which preserves the potential for litigation but narrows remedies where the Board complied with the statutory process;
alleged failures by members to disclose pecuniary interests (Schedule 2 cl 7) could lead to prosecutions under the Act’s penal provision;
challenges arising from Treasurer’s modification of Treasurer’s instructions as applied to the Board (s26), or from disputes over investment directions under s29 where the Board is to comply with Ministerial instructions; such issues might generate judicial review of administrative decisions in particular circumstances.
Because the Act confers immunities and administrative oversight mechanisms (s11, s15, s20(8), s31), many compliance questions will be resolved through audit and administrative channels before they reach litigation. The absence of cited judicial history in the Act text means that, as of the source, there is no internal litigation record to summarise. Users interested in current jurisprudence should check court databases for post‑commencement decisions that reference the Act.
Gotchas
This Act contains several specific provisions, drafting choices and interaction points that create compliance traps, timing risks and operational constraints. The following are practical "gotchas" grounded in the statutory text.
Ministerial instruments are binding despite stated limits on "control". The Act repeatedly states that Ministerial statements of expectation and directions must not "purport to exert control or influence" over stewardship or specified collection content areas (s19(3)-(4), s20(3)-(4)). Yet the Board must "discharge its responsibilities ... consistently with" a Ministerial statement of expectation (s19(5)) and "comply with" Ministerial directions (s20(5)). In short, a Ministerial statement or direction that attempts to shape strategy or operations may be both constrained by the "not to purport" language and binding in operation. That tension creates execution risk: the Board may need legal and policy advice if it considers a statement or direction to be inconsistent with the stewardship protection or with other statutory duties.
Disposals above a ministerially determined threshold require Ministerial approval. The Board is required to notify,and obtain the Minister’s approval before effecting,any disposal where market value exceeds the threshold set under s18 (s17(4)(a)-(b)). The Minister determines the threshold "after consulting the Board" and may incorporate the determination into directions or statements (s18). Practical risk: deaccessioning work must accommodate the approval timeline and possible disagreement with the Minister. The Board must assemble valuations and advice before notification.
Agency notice process is time‑sensitive and may force retention costs. Heads of Agency must give notice before disposing material of possible State significance and must retain the material during the 30-business-day assessment period (s16(1), (4)-(5)). The Board has only 30 business days to assess, with a single extension of up to 15 business days available (s16(6)). If the Board requests transfers, the Head must arrange transfer within 7 business days after the assessment period (s16(7)). The procedural timeframes impose storage, access and assessment resource burdens on agencies and TMAG; failure to respect timelines risks loss of the item's availability.
Unclaimed material rules may extinguish proprietary claims. Section 15 provides that, upon compliance with prescribed steps and periods (6-month prescribed period, 12-month secondary prescribed period unless regulations specify otherwise), property is taken to have vested in the Board and third parties "forfeit" rights (s15(2)(f)). The Board is required to have administrative procedures approved by the Minister (s15(3)(b)), and it has immunity for actions taken under the section (s15(2)(h)). Practical consequence: owners who have lost track of material may find their rights extinguished; the Board must ensure regulatory and administrative processes are precisely followed to rely on the statutory vesting and immunity.
The Board’s power to accept gifts is broad and includes statutory exemptions. Gifts accepted “on behalf of the Crown” are exempt from the Duties Act and the rule against perpetuities does not apply to conditions of a gift accepted by the Board (s14(2)-(3)). Practical consequence: donors may accept tax and property advantages, but the Board must be careful with conditional gifts and ensure lawful conditions are consistent with TMAG objectives.
Limited penal exposure but real governance exposure for members. Only one explicit statutory penalty is stated,failure to disclose pecuniary interests (Schedule 2 cl 7(1)),but removal grounds are broad (Schedule 1 cl 5). Members who do not manage conflicts or attendance properly risk removal or a penal sanction. The Board should maintain robust conflict registers and meeting attendance records.
Treasurer’s and Minister’s instruction powers may constrain investment, accounting and financial autonomy. Section 29 permits investments subject to any instructions issued by the Minister and to broader statutory constraints (referencing Tasmanian Public Finance Corporation Act s16). Section 26 applies Treasurer’s instructions unless varied by notice. Practical result: financial autonomy is conditional, and the Treasurer and Minister may change the Board’s fiscal regime.
Delegation limitations. The Board may delegate to a member or the Director but not to a committee (s12). Boards must design governance so that committees advise but formal delegable authority flows to individuals or the Board itself.
Repeal and transitional carryovers. The Act repeals the former Tasmanian Museum Act 1950 (s38), and Schedule 3 terminates former appointments but allows reappointment (Schedule 3 cl 1). Any by‑laws under the old Act are rescinded (Schedule 3 cl 8). Institutions must ensure continuity by reviewing extant contracts, accounts, and by-laws as saved or rescinded and take action where new instruments are required.
Parliamentary visibility of Ministerial directions. The Minister must lay directions before each House within 10 sitting days (s20(8)). Directions are therefore public and parliamentary scrutiny may follow quickly; Ministers and Boards should consider political and reputational risks when issuing and implementing directions.
Each of these items imposes operational or legal attention. The Board should document procedures, ensure Ministerial interactions are logged, and obtain legal or financial advice early where conflicting duties or time-critical transfer/disposal decisions arise.
How to comply
This section sets out practical, source-grounded steps an entity governed by the Act (principally the Board, Director and Heads of Agency) should take to meet statutory obligations and manage the risks identified above. Every recommendation is tied to the statutory provision cited.
Establish and maintain records and registers (s30; Schedule 2 cl 6,7)
Keep accounting records that correctly record and explain transactions and that permit true and fair accounts to be prepared (s30(a)). Ensure records comply with Australian Accounting Standards unless a contrary written direction from the Treasurer applies (s30(b)(iii)). Retain records for at least seven years or longer if the Treasurer directs (s30(c)).
Maintain a register of member pecuniary interests and minutes of all Board meetings (Schedule 2 cl 6-7). Promptly record disclosures and any determinations to exclude a member from deliberations to avoid the penalty in Schedule 2 cl 7(1).
Formalise unclaimed-material procedures and seek Ministerial approval (s15(2)-(3))
Draft administrative procedures for locating owners, giving notices and reclaiming material, consistent with the "reasonable but not exhaustive" search standard in s15(2)(a). Include timelines reflecting the prescribed period (default six months) and secondary prescribed period (default 12 months) (s15(4)).
Submit those administrative procedures to the Minister for approval and operate only in accordance with the Minister-approved procedures (s15(3)(b)-(c)). Preserve evidence of actions taken to rely on the statutory vesting and immunity (s15(2)(f), (h)).
Implement a structured acquisition/disposal protocol, including valuation and Ministerial notice steps (ss13, 14, 17, 18)
For disposals, institute a decision protocol that documents the Board’s reasons under s17(1)(a)-(c) (unfit, no longer required, or other compelling reasons) and requires valuations when market value might exceed the ministerial threshold (s17(4)).
Before effecting any potentially high-value disposal, notify the Minister with supporting valuations, advice and documentation (s17(4)(a)). Await explicit Ministerial approval (s17(4)(b)), and, if disapproved, obtain and record the Minister’s reasons (s17(6)).
Comply with the transfers-from-agency process and maintain operational readiness to assess (s16)
Build an internal fast-assessment workflow to meet the 30-business-day assessment period (s16(4)). Ensure access arrangements and valuation expertise are available for inspecting, non-destructive testing and provenance work (s16(5)).
If the Board needs more time in a particular case, prepare and lodge a written application for the Minister simply and early within the assessment window, noting the Minister may extend once by up to 15 business days (s16(6)).
If acquiring, seek to negotiate transfer terms promptly with the Head of Agency; if negotiation fails, be prepared to engage the Minister for a direction under s16(7).
Plan and obtain approvals for strategic and business plans (ss21, 22)
Prepare a strategic plan every third financial year (s21(1)) and a business plan by 31 March for the following financial year (s22(1)). Ensure each plan includes the items the Act requires (objectives, strategies, monitoring, appraisal of past plan) and is consistent with any applicable Ministerial statement/direction (ss21(4)-(5), 22(3)(a)).
Consult the Minister in preparing the strategic plan (s21(7)(a)), submit drafts to the Minister for approval, and be ready to amend in response to the Minister’s requirements (ss21(8)-(11), 22(4)-(7)). Keep documentation of consultation and Ministerial responses.
Accept gifts lawfully and record conditions (s14)
When accepting gifts, document any lawful conditions and ensure they are consistent with TMAG objectives (s14(1), s33(2)). Note that the Duties Act and the rule against perpetuities do not apply to conditions attached to gifts accepted by the Board (s14(2)-(3)); nevertheless, record donor communications and legal advice for governance and audit purposes.
Apply Treasurer’s instructions and manage investment directions (s26, s29)
Treat Treasurer’s instructions as applicable and monitor any notice from the Treasurer modifying their application to the Board (s26(1)-(3)). Create an internal compliance process to review and implement Treasurer’s instructions and Ministerial investment guidance under s29.
For investments of funds from fees, grants or donations (s28(b)-(c)), ensure investment decisions comply with sound commercial practice and any ministerial or statutory limits (s29).
Maintain transparent Ministerial interactions and respond to directions (s19-20)
Track all Ministerial statements of expectation and directions, ensuring each direction is in writing and signed (s19(7), s20(6)). Record receipt, Board responses, and implementation steps. Where a direction is received, note that the Board must comply (s20(5)) and that the Minister will lay it before Parliament within 10 sitting days (s20(8)); incorporate parliamentary timing into communications planning.
Governance, appointments and conflict management (s7; Schedule 1)
Ensure appointment processes produce the collective expertise required in s7(3). Keep appointment instruments up to date and make clear the term (not exceeding three years) and conditions (Schedule 1 cl 1, cl 4).
Monitor attendance and competence to avoid grounds for removal (Schedule 1 cl 5). Implement training and performance reviews to reduce removal risk.
Annual reporting and audit compliance (s31)
Prepare the annual report with the required items (activities and performance against objectives, financial statements, Auditor-General’s report, business and strategic plans, Ministerial statements/directions and particulars of directions) and lodge it with the Minister by 31 October after the end of the financial year (s31(1)-(4)). Coordinate with the Auditor-General to ensure timely audit completion.
Regulatory and transitional housekeeping (s34; Schedule 3)
Review any regulations made under s34 affecting notice and procedures for s16 and take steps to implement required changes. Manage the transition from the former Board by confirming succession of assets, liabilities and accounts as described in Schedule 3 cl 5-6.
Practical tools and delegation design
Use delegation instruments to authorise the Director or named members to act on acquisition assessments, subject to the prohibition on delegating to committees (s12). Ensure delegation instruments are regularly reviewed and recorded in Board minutes.
Maintain a compliance calendar aligned to statutory timeframes (30 business days for s16 assessments, annual plan and report deadlines, 7-day notification windows after the assessment period, Ministerial parliamentary laying times).
Following these steps will position the Board and associated actors to comply with the Act’s duties, to document decision-making for audit and ministerial review, and to manage the operational risks (timing, valuation, acceptance conditions, ministerial approvals) that the statute establishes.
Ministerial statement of expectation – see section 19 ;
notice means written notice;
regulations means regulations made and in force under this Act;
responsibility means a power, function or duty;
stewardship function, of the Board, means the function specified in section 8(3) ;
strategic plan – see section 21 ;
The Royal Society of Tasmania means the body of that name constituted under the Royal Society Act 1911 ;
TMAG means the Tasmanian Museum and Art Gallery, being the institution formerly known as the Tasmanian Museum;
TMAG collections, or collections means all of the artworks, cultural, historical and scientific artefacts, specimens, records and other objects and material under the control, management and stewardship of the Board;
TMAG Foundation means the incorporated association or body corporate established under section 33 ;
TMAG objectives means the institutional objectives of TMAG set out in section 5 ;
TMAG staff means the persons for the time being appointed or employed under section 25 .
4 Act binds Crown
4 Act binds Crown
This Act binds the Crown and, so far as the legislative power of Parliament permits, in all its other capacities.
5 Institutional objectives
5 Institutional objectives
The main objectives of the Tasmanian Museum and Art Gallery are to –
(a) care for and develop the TMAG collections; and
(b) acquire, collect and procure works, objects and specimens relating to history, the arts, the natural sciences, technology, archaeology and Aboriginal cultural heritage, with particular emphasis on material that is uniquely Tasmanian or of relevance to Tasmania; and
(c) exhibit, promote, disseminate and otherwise make available the TMAG collections and, from time to time, material loaned to TMAG by other institutions; and
(d) exhibit, promote, disseminate and otherwise make available information relating to the work of TMAG; and
(e) arrange for, promote and support the educational use of material relating to history, the arts, the natural sciences, technology, archaeology and Aboriginal cultural heritage, with particular emphasis on material that is uniquely Tasmanian or of relevance to Tasmania; and
(f) conduct, arrange for, promote and support research, educational and interpretative activities relating to history, the arts, the natural sciences, technology, archaeology and Aboriginal cultural heritage.
Part 2 Board of Trustees of Tasmanian Museum and Art Gallery
Part 2 Board of Trustees of Tasmanian Museum and Art Gallery
Division 1 The Board
Division 1 The Board
6 Continuation of Board
6 Continuation of Board
(1) The board of trustees established by section 3 of the former Act continues under the name "Board of Trustees of the Tasmanian Museum and Art Gallery".
(2) The Board –
(a) is a body corporate with perpetual succession; and
(b) may sue and be sued in its corporate name; and
(c) is an instrumentality of the Crown.
(3) The Board may have a seal and, if so –
(a) it is to be kept and used as authorised by the Board; and
(b) all courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Board.
7 Membership of Board
7 Membership of Board
(1) The Board consists of such number of members, not exceeding 7 but not fewer than 5, as the Minister appoints.
(2) In making Board appointments, the Minister is to consult, and seek nominations from –
(a) The Royal Society of Tasmania; and
(b) such other persons as the Minister thinks fit having regard to the need for the Board to have at least one member who can appropriately represent the interests of the Tasmanian community.
(3) In making Board appointments, the Minister is to ensure that the members, collectively, have expertise in research relevant to the TMAG collection in addition to qualifications or experience in, or expert knowledge of, most of the following matters:
(a) art;
(b) Tasmanian history and cultural heritage, including Aboriginal cultural heritage;
(c) natural science;
(d) business or financial management;
(e) commercial or corporate law;
(f) marketing or fundraising;
(g) public sector administration;
(h) community representation;
(i) education.
(4) The Minister is to appoint a member as chairperson.
(5) Schedule 1 has effect in respect of the membership of the Board.
(6) Schedule 2 has effect in respect of meetings of the Board.
8 Functions of Board
8 Functions of Board
(1) The Board has the following strategic functions:
(a) to determine the strategic direction of TMAG in accordance with the objectives from time to time set by Government, whether through Ministerial statements of expectation or otherwise;
(b) to ensure that the strategic performance of TMAG meets the objectives from time to time set by Government, whether through Ministerial statements of expectation or otherwise;
(c) to nurture, enhance and promote the value of TMAG as a key asset of the Tasmanian community;
(d) to encourage and promote community access to, involvement in and support for TMAG;
(e) to engage in, or facilitate or make arrangements for, such marketing and fundraising activities for TMAG as may advance and promote, and not detract from or conflict with, the TMAG objectives and the Board's overall functions;
(f) to perform such other strategic functions as it may be given by this or any other Act.
(2) The Board is to oversee –
(a) the control and management of TMAG, including TMAG property, infrastructure and equipment; and
(b) the performance of any other managerial and administrative functions as may be given by this or any other Act.
(3) The Board is also the steward of the TMAG collections and, without limiting the generality of this stewardship function, is responsible for –
(a) the care of the collections; and
(b) the development and improvement of the collections, including, as appropriate, the acquisition and disposal of material for and from the collections in accordance with Division 2 of this Part; and
(c) the promotion and display of the collections; and
(d) the interpretation of the collections; and
(e) the support and promotion of research into matters relevant to TMAG and its collections; and
(f) the undertaking, or promotion and support, of research into matters of cultural, scientific and historical interest concerning material in the collections.
(4) In the performance of its functions, the Board is to have constant regard to the TMAG objectives and act in a way that best meets and advances those objectives.
9 Powers of Board
9 Powers of Board
(1) The Board has power to –
(a) acquire, hold, dispose of and otherwise deal with property; and
(b) enter into contracts; and
(c) enter into cooperative arrangements with other museums, galleries and institutions, whether in Australia or elsewhere, including arrangements for the loan of exhibits or collections; and
(d) control access to and the uses to be made of TMAG premises and the TMAG collections; and
(e) set and charge reasonable fees and charges in connection with the discharge of its responsibilities, including admission fees to TMAG premises and exhibitions; and
(f) do all things necessary or convenient to discharge its responsibilities.
(2) However, the Board has no power to sell, mortgage or charge any land or building without the prior written consent of the Minister.
(3) The Board has –
(a) such other powers as it may be given by this or any other Act; and
(b) such other constraints on the exercise of its powers as are imposed by this Act.
(4) In the exercise of its powers, the Board is to have constant regard to the TMAG objectives and act in a way that best meets and advances those objectives.
10 Advisory committees
10 Advisory committees
(1) The Board may establish such committees as it thinks fit to advise it on any matter relevant to the discharge of its responsibilities.
(2) A committee comprises such members and other persons as the Board appoints.
(3) Without limiting subsection (2) , the Director or any member of TMAG staff may be a member of a committee.
(4) The Board may give written directions to a committee and it is to comply with those directions.
(5) A committee is to keep accurate minutes of its proceedings.
(6) Except as provided by this Act, a committee may regulate its own proceedings.
(7) The Board may discharge, alter or reconstitute any committee.
11 Protection from liability
11 Protection from liability
(1) A member of the Board does not incur any personal liability for any act done or purported or omitted to be done by the member in good faith in the exercise or performance or purported exercise or performance of any responsibilities relating to or arising from his or her role as a member.
(2) Subsection (1) does not preclude the Crown or the Board from incurring a liability that a member would, but for that subsection, incur.
12 Delegation
12 Delegation
(1) The Board may delegate any of its powers or functions, other than this power of delegation, to any member or the Director.
(2) The Board is not to delegate a power or function to a committee.
Division 2 The TMAG collections
Division 2 The TMAG collections
13 Acquisition of material
13 Acquisition of material
The Board in its discretion may obtain material for the TMAG collections by –
(a) purchase; or
(b) exchange; or
(c) natural collection; or
(d) the acceptance of gifts, loans or deposits pursuant to section 14 ; or
(e) the retention of unclaimed material pursuant to section 15 ; or
(f) requiring a transfer pursuant to section 16 .
14 Acceptance of gifts, &c.
14 Acceptance of gifts, &c.
(1) The Board, on behalf of the Crown, may –
(a) accept or decline gifts relating to the discharge of its responsibilities, whether of money or property and whether from living persons or by bequest or devise and whether on trust or otherwise; and
(b) agree to and carry out any lawful condition of any gift that it accepts.
(2) The rule of law known as the rule against perpetuities does not apply to any condition of a gift accepted by the Board.
(3) The Duties Act 2001 does not apply to or in respect of any gift accepted by the Board.
(4) The Board, on behalf of the Crown, may accept or decline loans and deposits of material relevant to the discharge of its responsibilities.
15 Unclaimed material
15 Unclaimed material
(1) This section applies to –
(a) unsolicited material that has at any time been left at TMAG premises; and
(b) material that TMAG has at any time accepted or apparently accepted on loan or deposit, which is of unknown or uncertain provenance and which the Board no longer necessarily wishes to hold; and
(c) material of known provenance that TMAG has at any time accepted or apparently accepted on loan or deposit, which appears subsequently to have been forgotten about or abandoned by its owner and which the Board no longer necessarily wishes to hold.
(2) The following provisions apply:
(a) the Board is to try to locate the owner of the material (which attempt is required to be reasonable but not exhaustive, costly or sustained);
(b) if within a prescribed period the Board is able to locate the owner of the material, it is to give the owner a reasonable opportunity to reclaim the material (whereupon the Board may release it);
(c) if within a prescribed period the Board is able to locate the owner of the material but there are competing claims of ownership, the Board is to continue to hold the material pending the resolution of those claims by agreement, proceedings or otherwise and the consequential due reclamation of the material (whereupon the Board may release it);
(d) if within a prescribed period the Board is able to locate a person who might be the owner of the material, it is to give the person a reasonable opportunity to establish their right of ownership and reclaim the material (whereupon the Board may release it);
(e) the Board may retain the material or dispose of the material when and as it thinks fit (including, if necessary, by destruction) if –
(i) it is unable, within a prescribed period, to locate the owner of the material; or
(ii) it is able, within a prescribed period, to locate the owner of the material but the owner does not wish or bother to reclaim the material as provided by paragraph (b) ; or
(iii) it is able, within a prescribed period, to locate the owner of the material but there are competing claims of ownership and these are not duly resolved within a secondary prescribed period; or
(iv) it is able, within a prescribed per
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