Commonwealth of Australia Explanatory Memoranda

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NATIONAL GALLERY AMENDMENT BILL 2002 [2003]

2002

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA 

SENATE

NATIONAL GALLERY AMENDMENT BILL 2002

EXPLANATORY MEMORANDUM

(Circulated by authority of the Minister for the Arts and Sport,

Senator the Hon Rod Kemp)

NATIONAL GALLERY AMENDMENT BILL 2002

OUTLINE

The National Gallery Amendment Bill 2002 (the Bill) amends the National Gallery Act 1975 (the Act) to enable the National Gallery of Australia to gift a work of art, whether or not that work has a saleable value, subject to approval by the Gallery Council and the Minister.

Section 9 of the Act sets out the process for disposing of works of art from the national collection.  Subsection 9(1) provides that where the Gallery Council is satisfied that a work of art is either unfit for the national collection, or is no longer required as part of the national collection, the Council may resolve that the work be disposed of by sale, gift or destruction.  However, subsection 9(4) provides that the Council shall not resolve that a work of art be disposed of by way of gift or destruction unless the Council is satisfied that the work has no saleable value. 

Subsection 9(5) requires any decision relating to the disposal of a work of art to be put to the Minister for approval.

The Bill amends subsection 9(4) to allow the disposal of works with saleable value by gift.   However, Council and Ministerial approval are still required.  This is expected to broaden the scope for the gifting of works to other institutions, including regional galleries within Australia. 

FINANCIAL IMPACT

The amendments are not expected to have any significant impact on Commonwealth expenditure or revenue.

NOTES ON CLAUSES

Clause 1 Short title

Clause 1 provides for the citation of the National Gallery Amendment Act 2002 (the Act).

Clause 2 Commencement

This clause provides for the Act to commence on the day after it receives Royal Assent. 

Clause 3 Schedule(s)

Clause 3 provides that the Act is amended as set out in the Schedule to the Bill, and any other provisions in the Schedules have effect according to their terms. 

SCHEDULE 1 – national gallery act 1975

Item 1: Subsection 9(4)

Item 1 amends subsection 9(4) to allow the Gallery to dispose of works with saleable value by gift.

Section 9 of the Act sets out the process for disposing of works of art from the national collection.  Subsection 9(1) provides that where the Gallery Council is satisfied that a work of art is either unfit for the national collection, or is no longer required as part of the national collection, the Council may resolve that the work be disposed of by sale, gift or destruction.  However, subsection 9(4) provides that the Council shall not resolve that a work of art be disposed of by way of gift or destruction unless the Council is satisfied that the work has no saleable value.

However, the Bill does not affect the requirement in subsections 9(1) and 9(5) that the gifting of works by the Gallery is subject to Council and Ministerial approval.

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