Tasmanian Museum and Art Gallery Act 2017
16Transfers from Government Agencies
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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.