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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Art Gallery Act 1959 3. The Act amended 3 4. Section 4 amended 3 5. Section 4A repealed 4 6. Sections 5 and 6 replaced 4 7. Section 7 amended 5 8. Section 8 amended 5 9. Section 9 amended 6 10 . Section 10 amended 6 11 . Section 11 amended 6 12 . Section 12 amended 7 13 . Section 13 amended 7 14 . Section 14 amended 7 15 . Section 15 replaced 8 16 . Section 16 amended, and savings 8 page i 36--1 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Contents 17 . Sections 17, 18, 19, 20, 20A and 21 replaced by sections 17 and 18 9 18 . Section 22 repealed, and transitional 10 19 . Section 23 amended 11 20 . Section 24 amended 11 21 . Section 25 amended 12 22 . Section 26 amended 12 23 . Section 27 amended 13 24 . Section 28 repealed 13 25 . Section 28A amended 13 26 . Section 28AA inserted 14 27 . Section 28B amended 15 28 . Section 28BA inserted 16 29 . Section 28C amended 16 30 . Section 29 amended 16 31 . Section 30 repealed 17 Part 3 -- Museum Act 1969 32 . The Act amended 18 33 . Section 6 amended 18 34 . Part II heading amended 19 35 . Sections 7, 8, 9 and 10 replaced 19 36 . Section 11 amended 22 37 . Section 12 amended 22 38 . Section 13 amended 23 39 . Section 14 amended 24 40 . Section 14A repealed 24 41 . Section 15 amended 24 42 . Section 16 amended 25 43 . Section 17 amended 25 44 . Section 18 amended, and savings 26 45 . Sections 19 and 20 repealed 27 46 . Section 21 replaced 27 47 . Section 22 repealed 27 page ii Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Contents 48 . Section 23 amended 27 49 . Section 24 replaced 28 50 . Sections 25, 26, 27, 28 and 28A repealed 28 51 . Part III repealed, and transitional 28 52 . Part IV repealed 29 53 . Section 44 amended 29 54 . Section 45 amended 29 55 . Part VIA inserted 31 56 . Section 46 amended 35 57 . Section 47 amended 36 58 . Section 48 amended 36 59 . Section 49 amended 36 60 . Section 50 amended 37 61 . Section 51 amended 37 Part 4 -- Repeals, transitional provisions and consequential amendments 62 . Definitions 40 63 . Repeal consequential to amendment of Art Gallery Act 1959 40 64 . Library Board of Western Australia Act 1951 repealed, and transitional provisions 40 65 . Perth Theatre Trust Act 1979 repealed, and transitional provisions 41 66 . Consequential amendments -- Schedule 1 41 Schedule 1 -- Consequential amendments 1. Aboriginal Heritage Act 1972 amended, and savings 42 2. Conservation and Land Management Act 1984 amended 43 3. Constitution Acts Amendment Act 1899 amended 44 4. Evidence Act 1906 amended 45 page iii Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Contents 5. Financial Administration and Audit Act 1985 amended 45 6. Government Employees Superannuation Act 1987 amended 46 7. Litter Act 1979 amended 46 8. Maritime Archaeology Act 1973 amended 46 9. Public Sector Management Act 1994 amended 52 10 . State Records Act 1998 amended 52 11 . Statutory Corporations Liability of Directors Act 1996 amended 53 page iv Western Australia LEGISLATIVE ASSEMBLY Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 A Bill for An Act - • to amend the Art Gallery Act 1959 and the Museum Act 1969 and various other Acts; and 5 • to repeal the Library Board of Western Australia Act 1951 and the Perth Theatre Trust Act 1979, as a consequence of the enactment of the Culture, Libraries and the Arts Act 1998, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Culture, Libraries and the Arts (Consequential Provisions) Act 1998. 5 2. Commencement The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation. page 2 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Art Gallery Act 1959 Part 2 s. 3 Part 2 -- Art Gallery Act 1959 3. The Act amended This Part amends the Art Gallery Act 1959*. [* Reprinted as at 30 March 1989. 5 For subsequent amendments see 1997 Index to Legislation of Western Australia, Table 1, p. 15.] 4. Section 4 amended Section 4 is amended as follows: (a) by deleting the definitions of "appointed member", "Art 10 Gallery" and "Board" and inserting the following definitions instead -- " "Art Gallery" means the art gallery operated by the department under the name "The Art Gallery of 15 Western Australia"; "Art Gallery operations" means the operations of the department performed for the purposes of the Art Gallery; "Board" means the Art Gallery Advisory Board 20 established by section 5; "; (b) by inserting after the definition of "chairman" the following definitions -- " 25 "chief executive officer" means the chief executive officer of the department; page 3 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 2 Art Gallery Act 1959 s. 5 "Corporate Minister" means the body corporate referred to in section 6 of the Culture, Libraries and the Arts Act 1998; "; 5 (c) by inserting after the definition of "Council" the following definition -- " "department" has the same meaning as it has in the Culture, Libraries and the Arts Act 1998; 10 "; (d) in the definition of "Director", by deleting "appointed under" and inserting instead -- " , as referred to in "; (e) in the definition of "member", by deleting "constituted 15 under section 6(1)"; (f) by deleting the definition of "proclaimed date"; (g) in the definition of "rules", by deleting the semicolon at the end of the definition and inserting instead a full stop; (h) by deleting the definition of "Trustees". 20 5. Section 4A repealed Section 4A is repealed. 6. Sections 5 and 6 replaced Sections 5 and 6 are repealed and the following sections are inserted instead -- 25 " 5. Board established A body called the Art Gallery Advisory Board is established. page 4 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Art Gallery Act 1959 Part 2 s. 7 6. Constitution of the Board (1) The Board is to consist of 5 persons appointed by the Minister. (2) The members are to be appointed by the Minister for 5 their experience, skills and qualifications and interest in matters relating to the Art Gallery, and for their ability to contribute to promoting, and encouraging public interest in and support for, the Art Gallery. ". 10 7. Section 7 amended Section 7 is amended by deleting "appointed". 8. Section 8 amended (1) Section 8(1) is amended as follows: (a) by deleting "an appointed" in the 2 places where it 15 occurs and inserting in each place instead -- " a "; (b) in paragraph (b), by deleting "Governor in Council" and inserting instead -- " Minister "; 20 (c) in paragraph (d), by deleting "Governor;" and inserting instead -- " Minister; ". (2) Section 8(2) is amended by deleting "Governor may appoint an appointed" and inserting instead -- 25 " Minister may appoint a ". page 5 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 2 Art Gallery Act 1959 s. 9 9. Section 9 amended Section 9 is amended by deleting "an appointed" and inserting instead -- " a ". 5 10. Section 10 amended (1) Section 10(1) is amended by deleting "Governor may, in respect of each appointed member," and inserting instead -- " Minister may, in respect of each member, ". (2) Section 10(1a) is repealed. 10 11. Section 11 amended (1) Section 11(1) is repealed and the following subsection is inserted instead -- " (1) The Minister shall appoint one of the members to be 15 chairman and another member to be vice chairman. ". (2) Section 11(2)(b) is amended as follows: (a) by deleting "appointed member may" and inserting instead -- 20 " member shall "; (b) by deleting "Governor" and inserting instead -- " Minister ". (3) Section 11(2)(c) is amended by deleting "Governor in Council." and inserting instead -- 25 " Minister. ". page 6 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Art Gallery Act 1959 Part 2 s. 12 12. Section 12 amended Section 12(2) is amended by deleting "appointed members present at the meeting shall elect an appointed member from among those present" and inserting instead -- 5 " members present at the meeting shall elect one of those members ". 13. Section 13 amended 10 Section 13 is amended by deleting "5 members" and inserting instead -- " 3 members ". 14. Section 14 amended Section 14 is amended as follows: 15 (a) by deleting "An appointed member or deputy for an appointed" and inserting instead -- " A member or deputy for a "; (b) by deleting "Public Service Act 1978" in the 2 places where it occurs and inserting in each place instead -- 20 " Public Sector Management Act 1994 ". page 7 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 2 Art Gallery Act 1959 s. 15 15. Section 15 replaced Section 15 is repealed and the following section is inserted instead -- " 5 15. Remuneration and allowances A member or deputy for a member shall be paid any remuneration and travelling and other allowances that the Minister from time to time determines on the recommendation of the Minister for Public Sector 10 Management. ". 16. Section 16 amended, and savings (1) Section 16(1) is amended by deleting "appointed -- " and inserting instead -- 15 " employed in accordance with section 23 of the Culture, Libraries and the Arts Act 1998 -- ". (2) Section 16(1a), (1b), and (1c) are repealed. 20 (3) Section 16(2) is amended by inserting after "Art Gallery" the following -- " and the Art Gallery operations ". (4) Section 16(2a) is repealed. (5) Section 16(4) is amended as follows: 25 (a) by deleting "appointed under subsection (1) to be" and inserting instead -- " employed as "; page 8 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Art Gallery Act 1959 Part 2 s. 17 (b) by inserting after "any other officer" the following -- " for the purposes of this Act "; (c) by deleting "Public Service Act 1978" and inserting instead -- 5 " Public Sector Management Act 1994 ". (6) Despite this section, a person appointed and holding office as the Director or another officer under section 16 of the Art Gallery Act 1959 immediately before the commencement of this section continues, subject to that Act, to hold office for the 10 remainder of the period for which he or she was appointed. 17. Sections 17, 18, 19, 20, 20A and 21 replaced by sections 17 and 18 Sections 17, 18, 19, 20, 20A and 21 are repealed and the following sections are inserted instead -- 15 " 17. Functions of the Board (1) The functions of the Board are -- (a) to give advice to the Minister and the Corporate Minister on all matters relating to the Art 20 Gallery, including matters of policy and administration; and (b) to promote, and encourage public interest in and support for, the Art Gallery. (2) Without limiting subsection (1), the Board is to 25 formulate policies and give advice -- (a) to the Corporate Minister on acquiring, holding, protecting, preserving, displaying and disposing of works of art and collections of works of art; page 9 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 2 Art Gallery Act 1959 s. 18 (b) to the Minister on strategic directions, policies and priorities for the Art Gallery; (c) to the Minister on establishing, controlling and managing branch and regional art galleries in 5 any part of the State; (d) to the Corporate Minister on attracting gifts, including gifts by will, for the purposes of the Art Gallery; and (e) on any matters relating to the Art Gallery on 10 which the Minister or Corporate Minister asks for advice from the Board. 18. Powers of the Board The Board may do all things necessary or convenient to be done for or in connection with the performance of 15 its functions. ". 18. Section 22 repealed, and transitional (1) Section 22 is repealed. (2) On the commencement of this section, The Art Gallery of 20 Western Australia Fund is to be closed and all money standing to the credit of that Fund immediately before that commencement is to be credited to the operating account of the department. (3) Money credited to the operating account of the department 25 under subsection (2) is to be applied for the purposes of, and in accordance with, any trusts affecting it. (4) In this section -- "operating account" has the same meaning as it has in the Financial Administration and Audit Act 1985; page 10 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Art Gallery Act 1959 Part 2 s. 19 "The Art Gallery of Western Australia Fund" means the account referred to in section 22(2) of the Art Gallery Act 1959, as in force immediately before the commencement of this section. 5 19. Section 23 amended (1) Section 23(1) is amended as follows: (a) by deleting "Board" in the 2 places where it occurs and inserting in each place instead -- " Corporate Minister "; 10 (b) by deleting "$200" and inserting instead -- " $10 000 ". (2) Section 23(2) is amended by deleting "Board" and inserting instead -- " Corporate Minister ". 15 20. Section 24 amended Section 24 is amended by deleting "Board" -- (a) in the first place where it occurs and inserting instead -- " Minister "; (b) in the second and third places where it occurs and 20 inserting in each place instead -- " Corporate Minister ". page 11 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 2 Art Gallery Act 1959 s. 21 21. Section 25 amended (1) Section 25(1) is amended as follows: (a) by deleting "The Board may" and inserting instead -- " 5 The Minister may, on the recommendation of the chief executive officer, "; and (b) by deleting "Board or any of its officers" and inserting 10 instead -- " Minister or any officer of the department ". (2) Section 25(2) is amended as follows: (a) by deleting "Board" in the 2 places where it occurs and inserting in each place instead -- 15 " Minister "; (b) by deleting "$40" and inserting instead -- " $2 000 ". 22. Section 26 amended (1) Section 26(1) is amended as follows: 20 (a) by deleting the subsection designation "(1)" and "Subject to the provisions of subsection (2)," and inserting instead -- " Except with the written permission of the 25 Minister, "; (b) by deleting "sole"; page 12 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Art Gallery Act 1959 Part 2 s. 23 (c) by deleting "Board" and inserting instead -- " chief executive officer "; (d) in the penalty provision at the foot of the subsection, by deleting "$100." and inserting instead -- 5 " $5 000. ". (2) Section 26(2) is repealed. 23. Section 27 amended Section 27(1) is amended as follows: (a) by deleting "of the Board" and inserting instead -- 10 " of the department "; (b) by deleting "chairman may represent the Board in all respects as if he were the party concerned." and inserting instead -- " 15 Minister may represent the Minister in all respects. ". 24. Section 28 repealed Section 28 is repealed. 20 25. Section 28A amended (1) Section 28A(2)(c) is deleted and "and" after that paragraph and the following is inserted instead -- " (c) has the functions conferred by this Act; 25 and ". (2) Section 28A(4) is repealed. page 13 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 2 Art Gallery Act 1959 s. 26 26. Section 28AA inserted After section 28A the following section is inserted -- " 28AA. Functions and powers of the Foundation 5 (1) The functions of the Foundation are -- (a) to attract and retain for the Art Gallery continuing public interest and financial support; (b) to encourage gifts, including gifts by will, to maintain, improve and develop the services and 10 facilities provided by the Art Gallery; and (c) to give directions or make recommendations to the chief executive officer as to the manner in which moneys standing to the credit of the Account are to be applied for the benefit of the 15 Art Gallery. (2) The Foundation may accept a gift if it is absolute or if it is -- (a) subject to conditions; or (b) for the purpose of benefiting anything, 20 and complying with those conditions, or conferring that benefit, is within the functions of the Foundation. (3) The Foundation may do all things necessary or convenient to be done for or in connection with the performance of its functions. 25 ". page 14 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Art Gallery Act 1959 Part 2 s. 27 27. Section 28B amended (1) Section 28B(1) is amended after "(in this section" by inserting -- " and section 28BA ". 5 (2) Section 28B(3) is repealed and the following subsections are inserted instead -- " (3) Subject to subsection (4), moneys standing to the credit of the Account are subject to the direction and control 10 of the chief executive officer and may be applied for the purposes of carrying this Act into effect or otherwise applied for the purposes of the Art Gallery. (4) In determining the manner in which moneys standing to the credit of the Account are to be applied, the chief 15 executive officer -- (a) shall ensure that those moneys are applied -- (i) in accordance with any conditions subject to which; or (ii) for the purpose of benefiting anything 20 for the benefit of which, those moneys were received by the Foundation; (b) shall give effect to any directions given by the Foundation under paragraph (c) of section 28AA(1); and 25 (c) shall take into account any recommendations made by the Foundation under that paragraph. ". page 15 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 2 Art Gallery Act 1959 s. 28 28. Section 28BA inserted After section 28B the following section is inserted -- " 28BA. Application of Financial Administration and Audit 5 Act 1985 The operation of the Account shall be regarded as -- (a) a service under the control of the department for the purposes of section 52 of the Financial Administration and Audit Act 1985; and 10 (b) part of the operations of the department for the purposes of Division 13 of Part II of that Act. ". 29. Section 28C amended (1) Section 28C(1) is amended by deleting "section 28A." and 15 inserting instead -- " the Foundation. ". (2) Section 28C(2)(a) and (c) are deleted. 30. Section 29 amended (1) Section 29(1) is repealed and the following subsection is 20 inserted instead -- " (1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be 25 prescribed for giving effect to the purposes of this Act. ". page 16 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Art Gallery Act 1959 Part 2 s. 31 (2) Section 29(2) is amended as follows: (a) by deleting paragraph (b); (b) in paragraph (c), by deleting "Board;" and inserting instead -- 5 " chief executive officer in relation to the Art Gallery operations; "; (c) in paragraph (d), by deleting "Board" and inserting 10 instead -- " chief executive officer in relation to the Art Gallery operations "; 15 (d) in paragraph (e), by deleting "Board;" and inserting instead -- " chief executive officer in relation to the Art Gallery operations; 20 "; (e) in paragraph (f), by deleting "Board;" and inserting instead -- " Corporate Minister; "; (f) in paragraph (h), by deleting "$50" and inserting 25 instead -- " $1 000 ". 31. Section 30 repealed Section 30 is repealed. page 17 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 3 Museum Act 1969 s. 32 Part 3 -- Museum Act 1969 32. The Act amended This Part amends the Museum Act 1969*. [* Act No. 90 of 1969. 5 For subsequent amendments see 1997 Index to Legislation of Western Australia, Table 1, p. 161 and Acts Nos. 57 of 1997 and 10 of 1998.] 33. Section 6 amended Section 6 is amended as follows: 10 (a) by deleting the definitions of "appointed Trustee", "Board" and "Director" and inserting the following definitions instead -- " "chief executive officer" means the chief executive 15 officer of the department; "Corporate Minister" means the body corporate referred to in section 6 of the Culture, Libraries and the Arts Act 1998; "Council" means the Museum Council established by 20 section 7; "department" has the same meaning as it has in the Culture, Libraries and the Arts Act 1998; "Director" means the Director of the Museum, as referred to in section 18(1); 25 "; (b) by inserting after the definition of "Honorary Associate" the following definition -- " "member" means member of the Council; "; page 18 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Museum Act 1969 Part 3 s. 34 (c) by deleting the definitions of "Museum" and "Trustees" and inserting instead the following definitions -- " "Museum" means the museum operated by the 5 department under the name "The Western Australian Museum"; "Museum operations" means the operations of the department performed for the purposes of the Museum. 10 ". 34. Part II heading amended The heading to Part II is deleted and the following heading is inserted instead -- " 15 Part II -- The Museum Council ". 35. Sections 7, 8, 9 and 10 replaced Sections 7, 8, 9 and 10 are repealed and the following sections are inserted instead -- 20 " 7. Council established A body called the Museum Council is established. 8. Constitution of the Council (1) The Council is to consist of not less than 6 persons or 25 more than 10 persons appointed by the Minister. (2) The members are to be appointed by the Minister for their experience, skills and qualifications and interest page 19 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 3 Museum Act 1969 s. 35 in matters relating to the Museum, and for their ability to contribute to promoting, and encouraging public interest in and support for, the Museum. 9. Functions of the Council 5 (1) The functions of the Council are -- (a) to give advice to the Minister and the Corporate Minister on all matters relating to the Museum, including matters of policy and administration; and 10 (b) to promote, and encourage public interest in and support for, the Museum. (2) Without limiting subsection (1), the Council is to formulate policies and give advice -- (a) to the Corporate Minister on acquiring, holding, 15 protecting, preserving, displaying and disposing of museum materials and collections of museum materials; (b) to the Minister on strategic directions, policies and priorities for the Museum; 20 (c) to the Minister on establishing, controlling and managing branch and regional museums in any part of the State; (d) to the Corporate Minister on encouraging, and providing facilities for, the wider education of 25 the public through the display and other use of museum collections and through providing access to information derived from museum collections; page 20 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Museum Act 1969 Part 3 s. 35 (e) to the Corporate Minister on establishing and preserving on behalf of the public museum collections that are representative of the Aboriginal peoples of the State, the history of 5 the exploration, settlement and development of the State, the natural history of the State and any other museum collections considered by the Council to be necessary for the wider understanding of those matters and for the 10 educational function of the Museum; (f) to the Corporate Minister on preserving on behalf of the public any remains, wreck, archaeological or anthropological site or other thing, whether in the place where it is 15 discovered or elsewhere, considered by the Council to be of special national, State or local interest; (g) to the Minister on aiding the advancement of knowledge -- 20 (i) through research into museum collections and into any other matters considered by the Council to be relevant to that purpose; and (ii) by publishing the results of research; 25 (h) to the Minister on providing facilities to encourage the interest of persons and bodies in the State in the culture and history of the Aboriginal peoples of the State, in the history and natural history of the State and in anything 30 allied to those matters; (i) to the Corporate Minister on attracting gifts, including gifts by will, for the purposes of the Museum; and page 21 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 3 Museum Act 1969 s. 36 (j) on any matters relating to the Museum on which the Minister or the Corporate Minister asks for advice from the Council. 10. Powers of the Council 5 The Council may do all things necessary or convenient to be done for or in connection with the performance of its functions. ". 36. Section 11 amended 10 (1) Section 11(1) is amended by deleting "the succeeding provisions of this section, a person who is an appointed Trustee" and inserting instead -- " subsection (2), a member ". (2) Section 11(2) is amended by deleting "appointed Trustee" in the 15 2 places where it occurs and inserting in each place instead -- " member ". 37. Section 12 amended (1) Section 12(1) is amended as follows: (a) by deleting "appointed Trustee occurs, if an appointed 20 Trustee -- " and inserting instead -- " member occurs if a member -- "; (b) in paragraph (b), by deleting "Governor" and inserting instead -- " Minister "; 25 (c) in paragraph (c), by deleting "the Trustees" and "them" and inserting in each place instead -- " the Council "; page 22 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Museum Act 1969 Part 3 s. 38 (d) in paragraph (d), by deleting "Governor;" and inserting instead -- " Minister; "; (e) in paragraph (e), by deleting "Trustee." and inserting 5 instead -- " member. ". (2) Section 12(2) is amended as follows: (a) by deleting "Governor" and inserting instead -- " Minister "; 10 (b) by deleting "Trustee" and inserting instead -- " member ". (3) Section 12(3) is repealed and the following subsection is inserted instead -- " 15 (3) The Council may grant leave of absence to a member on such terms and conditions as the Council determines. ". 38. Section 13 amended 20 Section 13 is amended as follows: (a) by deleting "Trustees" and inserting instead -- " Council "; (b) by deleting "office of appointed Trustee" and inserting instead -- 25 " membership of the Council "; (c) by deleting "any of them." and inserting instead -- " a member. ". page 23 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 3 Museum Act 1969 s. 39 39. Section 14 amended (1) Section 14(1) is amended as follows: (a) by deleting "Governor" and inserting instead -- " Minister "; 5 (b) by deleting "appointed Trustee" in the 4 places where it occurs and inserting in each place instead -- " member ". (2) Section 14(2) is amended by deleting "an appointed Trustee" and inserting instead -- 10 " a member ". 40. Section 14A repealed Section 14A is repealed. 41. Section 15 amended (1) Section 15(1) is amended as follows: 15 (a) by deleting "Governor" and inserting instead -- " Minister "; (b) by deleting "appointed Trustees" and inserting instead -- " members "; 20 (c) by deleting "appointed Trustee" and inserting instead -- " member ". (2) Section 15(2) is amended by deleting "Governor." and inserting instead -- " Minister. ". page 24 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Museum Act 1969 Part 3 s. 42 (3) Section 15(3) is amended as follows: (a) by deleting "an appointed Trustee" and inserting instead -- " a member "; 5 (b) by deleting "appointed Trustee, the Governor may appoint another appointed Trustee" and inserting instead -- " member, the Minister may appoint another 10 member ". 42. Section 16 amended (1) Section 16(1) is amended by deleting "Trustees." and inserting instead -- 15 " Council. ". (2) Section 16(2) is amended as follows: (a) by deleting "Trustees" and inserting instead -- " members "; (b) by deleting "their number" and inserting instead -- 20 " those members ". 43. Section 17 amended Section 17 is amended as follows: (a) by deleting "Trustees shall conduct their" and inserting instead -- 25 " Council shall conduct its "; (b) by deleting "they" and inserting instead -- " the Council "; page 25 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 3 Museum Act 1969 s. 44 (c) in paragraph (a), by deleting "5 Trustees" and inserting instead -- " a majority of the members "; (d) in paragraph (b), by deleting "Trustee" in the 2 places 5 where it occurs and inserting in each place instead -- " member "; (e) in paragraph (c), by deleting "Trustees" and inserting instead -- " members ". 10 44. Section 18 amended, and savings (1) Section 18(1), (2) and (3) are repealed and the following subsections are inserted instead -- " (1) A Director of the Museum shall be employed in 15 accordance with section 23 of the Culture, Libraries and the Arts Act 1998. (2) The Director shall manage the Museum and the Museum operations and shall be the principal executive officer of the Council. 20 ". (2) Section 18(4) is amended as follows: (a) by deleting "appointed under subsection (1) to be" and inserting instead -- " employed as "; 25 (b) by deleting "Public Service Act 1978" and inserting instead -- " Public Sector Management Act 1994 ". page 26 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Museum Act 1969 Part 3 s. 45 (3) Despite this section, a person appointed and holding office as Director of the Museum under section 18 of the Museum Act 1969 immediately before the commencement of this section continues, subject to that Act, to hold office for the remainder of 5 the period for which he or she was appointed. 45. Sections 19 and 20 repealed Sections 19 and 20 are repealed. 46. Section 21 replaced Section 21 is repealed and the following section is inserted 10 instead -- " 21. Preservation of rights of members A member or deputy of a member is not, in his capacity as member or deputy, a public service officer 15 under the Public Sector Management Act 1994, but if a person is a public service officer at the time of his appointment as member or deputy under this Act, the appointment shall not prejudice his rights under the Public Sector Management Act 1994 or under any 20 other Act applying to him as a public service officer. ". 47. Section 22 repealed Section 22 is repealed. 48. Section 23 amended 25 (1) Section 23(1) is amended by deleting "Trustees" and inserting instead -- " Minister ". page 27 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 3 Museum Act 1969 s. 49 (2) Section 23(3) is amended by deleting "Governor" and inserting instead -- " Minister ". 49. Section 24 replaced 5 Section 24 is repealed and the following section is inserted instead -- " 24. Remuneration and allowances A member or deputy of a member shall be paid any 10 remuneration and travelling and other allowances that the Minister from time to time determines on the recommendation of the Minister for Public Sector Management. ". 15 50. Sections 25, 26, 27, 28 and 28A repealed Sections 25, 26, 27, 28 and 28A are repealed. 51. Part III repealed, and transitional (1) Part III is repealed. (2) On the commencement of this section, the Western Australian 20 Museum Account is to be closed and all money standing to the credit of that Account immediately before that commencement is to be credited to the operating account of the department. (3) Money credited to the operating account of the department under subsection (2) is to be applied for the purposes of, and in 25 accordance with, any trusts affecting it. page 28 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Museum Act 1969 Part 3 s. 52 (4) In this section -- "operating account" has the same meaning as it has in the Financial Administration and Audit Act 1985; "Western Australian Museum Account" means the account 5 referred to in section 33(2) of the Museum Act 1969, as in force immediately before the commencement of this section. 52. Part IV repealed Part IV is repealed. 10 53. Section 44 amended (1) Section 44(1) is amended by deleting "Museum," and inserting instead -- " Corporate Minister, ". (2) Section 44(2) is amended by deleting "Museum" and inserting 15 instead -- " Corporate Minister ". 54. Section 45 amended (1) Section 45(1)(b) and (c) are amended by deleting "Trustees" in the 4 places where it occurs and inserting in each place 20 instead -- " Corporate Minister ". (2) Section 45(2) is amended as follows: (a) by deleting "Trustees" in the 2 places where it occurs and inserting in each place instead -- 25 " Corporate Minister "; page 29 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 3 Museum Act 1969 s. 54 (b) by deleting "them." and inserting instead -- " the Corporate Minister. ". (3) Section 45(3) is amended as follows: (a) by deleting "Trustees may, with the approval of the 5 Minister," and inserting instead -- " Corporate Minister may, on the recommendation of the chief executive officer, "; 10 (b) by deleting "Trustees." and inserting instead -- " Corporate Minister. ". (4) Section 45(4) is amended by deleting "Trustees," and inserting instead -- " Corporate Minister, ". 15 (5) Section 45(5) is amended as follows: (a) by deleting "Trustees shall not refuse to give their" and inserting instead -- " Corporate Minister shall not refuse 20 to give "; (b) by deleting "Trustees at" and inserting instead -- " Corporate Minister at "; (c) by deleting "Trustees have" and inserting instead -- 25 " Corporate Minister has ". page 30 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Museum Act 1969 Part 3 s. 55 (6) Section 45(6) is amended by inserting after "determined by the" the following -- " Corporate ". (7) Section 45(8) is amended by deleting "Trustees" and inserting 5 instead -- " Corporate Minister ". 55. Part VIA inserted After Part VI the following Part is inserted -- " 10 Part VIA -- Museum, Science and Humanities Foundation 45A. Definitions In this Part -- "Foundation" means the Museum, Science and 15 Humanities Foundation established by section 45B; "Fund" means the Museum, Science and Humanities Foundation Fund referred to in section 45E; "rules" means rules made by the Minister under 20 section 45G. 45B. Establishment of Museum, Science and Humanities Foundation (1) A body corporate called the Museum, Science and Humanities Foundation is established. page 31 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 3 Museum Act 1969 s. 55 (2) The Foundation -- (a) has perpetual succession and shall have a common seal; and (b) may sue and be sued. 5 45C. Governing council The Foundation shall have a council that, subject to this Part, shall be the governing body of the Foundation. 45D. Functions and powers of the Foundation 10 (1) The functions of the Foundation are -- (a) to attract and retain for the Museum continuing public interest and financial support; (b) to encourage gifts, including gifts by will, to maintain, improve and develop the services and 15 facilities provided by the Museum; and (c) to give directions or make recommendations to the chief executive officer as to the manner in which moneys standing to the credit of the Fund are to be applied for the benefit of the 20 Museum. (2) The Foundation may accept a gift if it is absolute or if it is -- (a) subject to conditions; or (b) for the purpose of benefiting anything, 25 and complying with those conditions, or conferring that benefit, is within the functions of the Foundation. page 32 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Museum Act 1969 Part 3 s. 55 (3) The Foundation may do all things necessary or convenient to be done for or in connection with the performance of its functions. 45E. Financial arrangements 5 (1) There shall be a trust account to be known as the Museum, Science and Humanities Foundation Fund at the Treasury, forming part of the Trust Fund constituted under section 9 of the Financial Administration and Audit Act 1985. 10 (2) Funds received by the Foundation from the performance of its functions shall be credited to the Fund. (3) Any expenditure lawfully incurred by the Foundation in the performance of its functions shall be charged to 15 and paid out of the Fund. (4) Subject to subsection (5), moneys standing to the credit of the Fund are subject to the direction and control of the chief executive officer and may be applied for the purposes of carrying this Act into effect or otherwise 20 applied for the purposes of the Museum. (5) In determining the manner in which moneys standing to the credit of the Fund are to be applied, the chief executive officer -- (a) shall ensure that those moneys are applied -- 25 (i) in accordance with any conditions subject to which; or (ii) for the purpose of benefiting anything for the benefit of which, those moneys were received by the Foundation; page 33 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 3 Museum Act 1969 s. 55 (b) shall give effect to any directions given by the Foundation under paragraph (c) of section 45D(1); and (c) shall take into account any recommendations 5 made by the Foundation under that paragraph. 45F. Application of Financial Administration and Audit Act 1985 The operation of the Fund shall be regarded as -- (a) a service under the control of the department 10 for the purposes of section 52 of the Financial Administration and Audit Act 1985; and (b) part of the operations of the department for the purposes of Division 13 of Part II of that Act. 45G. Rules 15 (1) The Minister may, on the recommendation of the Council, make rules that are necessary or convenient for giving effect to this Part. (2) Without limiting subsection (1), the rules may -- (a) provide for the appointment, constitution, 20 functions and proceedings of the council, including power to employ persons, appoint agents, obtain professional or other services and do all things necessary or convenient to be done for or in connection with the performance by 25 the Foundation of its functions; (b) provide for membership of the Foundation, including membership of different categories having different privileges; page 34 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Museum Act 1969 Part 3 s. 56 (c) provide for meetings and other proceedings of members of the Foundation; (d) provide for the appointment of one or more patrons of the Foundation; 5 (e) provide for Friends of the Foundation and for the establishment of a register of such persons; (f) provide for the manner of execution of documents authorized to be executed by resolution of the council; and 10 (g) empower the council, with the approval of the Minister, to make by-laws with respect to the operations and proceedings of the Foundation, the council, committees of the council and persons employed by the Foundation. 15 ". 56. Section 46 amended (1) Section 46(1) is amended as follows: (a) by deleting "Museum" in the 2 places where it occurs and inserting in each place instead -- 20 " Corporate Minister "; (b) by inserting before "specimen" the following -- " museum "; (c) in the penalty provision at the foot of the subsection, by deleting "Five hundred dollars" and inserting instead -- 25 " $10 000 ". (2) Section 46(2) is amended by deleting "Trustees" and inserting instead -- " Corporate Minister ". page 35 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 3 Museum Act 1969 s. 57 57. Section 47 amended Section 47 is amended by deleting "one hundred dollars." and inserting instead -- " $5 000. ". 5 58. Section 48 amended Section 48 is amended as follows: (a) by deleting "Trustees" -- (i) in the first place where it occurs and inserting instead -- 10 " Minister under this Act "; (ii) in the second place where it occurs and inserting instead -- " Corporate Minister "; (b) by deleting "Museum" in the 2 places where it occurs 15 and inserting in each place instead -- " Corporate Minister ". 59. Section 49 amended (1) Section 49(1) is amended as follows: (a) by deleting "Trustees may" and inserting instead -- 20 " Minister may, on the recommendation of the chief executive officer, "; (b) by deleting "them or any member of the staff of the 25 Museum" and inserting instead -- " the Minister or any officer of the department ". page 36 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Museum Act 1969 Part 3 s. 60 (2) Section 49(2) is amended as follows: (a) by deleting "Trustees, on account of any reward that they have paid or are" and inserting instead -- " 5 Minister, on account of any reward that the Minister has paid or is "; (b) by deleting "fifty dollars," and inserting instead -- " $2 000, ". 10 60. Section 50 amended Section 50(1) is repealed and the following subsection is inserted instead -- " (1) In any proceedings before a court of petty sessions, an 15 officer of the department appointed for the purpose generally or in a particular case in writing signed by the Minister may represent the Minister in all respects. ". 61. Section 51 amended 20 (1) Section 51(1) is repealed and the following subsection is inserted instead -- " (1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be 25 prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act. ". page 37 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 3 Museum Act 1969 s. 61 (2) Section 51(2) is amended as follows: (a) in paragraph (a), by deleting "Trustees and of committees;" and inserting instead -- " Council; "; 5 (b) by deleting paragraph (b); (c) by deleting paragraphs (c) and (d) and inserting the following paragraphs instead -- " (c) providing for the establishment and constitution 10 of advisory committees in relation to branch or regional museums, and for the conduct of proceedings at meetings of those committees; (d) providing for the admission of the public or any individual to, and the exclusion or expulsion of 15 the public or any individual from -- (i) the Museum or any part of it; or (ii) any other place, or any part of a place, under the management or control of the chief executive officer in relation to the 20 Museum operations; "; (d) in paragraph (e) -- (i) by inserting after "examine" the following -- " museum "; 25 (ii) by deleting "Museum" and inserting instead -- " Corporate Minister "; (e) in paragraph (f) -- (i) by inserting after "marking of" the following -- " museum "; page 38 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Museum Act 1969 Part 3 s. 61 (ii) by deleting "Museum;" and inserting instead -- " Corporate Minister; "; (f) in paragraph (h), by deleting "one hundred dollars" and inserting instead -- 5 " $500 ". page 39 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Part 4 Repeals, transitional provisions and consequential amendments s. 62 Part 4 -- Repeals, transitional provisions and consequential amendments 62. Definitions In this Part -- 5 "operating account" has the same meaning as it has in the Financial Administration and Audit Act 1985; "The Library Board of Western Australia Fund" means the account referred to in section 16(2) of the Library Board of Western Australia Act 1951; 10 "the Perth Theatre Trust Account" means the account referred to in section 23(2) of the Perth Theatre Trust Act 1979. 63. Repeal consequential to amendment of Art Gallery Act 1959 The Art Gallery Act (Common Seal) Regulations 1979 are 15 repealed. 64. Library Board of Western Australia Act 1951 repealed, and transitional provisions (1) The Library Board of Western Australia Act 1951 is repealed. (2) All money standing to the credit of The Library Board of 20 Western Australia Fund immediately before the commencement of this section is to be credited to the operating account of the department. (3) Money credited to the operating account of the department under subsection (2) is to be applied for the purposes of, and in 25 accordance with, any trusts affecting it. page 40 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Repeals, transitional provisions and consequential amendments Part 4 s. 65 (4) A library that, immediately before the commencement of this section, is a registered public library within the meaning of the Act repealed by subsection (1) is to be taken, on and after that commencement, to be registered under an agreement referred to 5 in section 9(3) of the Culture, Libraries and the Arts Act 1998. 65. Perth Theatre Trust Act 1979 repealed, and transitional provisions (1) The Perth Theatre Trust Act 1979 is repealed. (2) All money standing to the credit of the Perth Theatre Trust 10 Account immediately before the commencement of this section is to be credited to the operating account of the department. (3) Money credited to the operating account of the department under subsection (2) is to be applied for the purposes of, and in accordance with, any trusts affecting it. 15 66. Consequential amendments -- Schedule 1 Schedule 1 has effect. page 41 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Schedule 1 Consequential amendments Schedule 1 -- Consequential amendments [s. 66] 1. Aboriginal Heritage Act 1972 amended, and savings (1) The Aboriginal Heritage Act 1972 is amended as follows: 5 (a) in section 4, by deleting the definitions of "Director" and "Museum" and inserting instead the following definitions -- " "Director" means the Director of the Museum, as referred to in section 18(1) of the Museum Act 1969; 10 "Museum" has the same meaning as it has in the Museum Act 1969; "; (b) in section 4, by deleting the definition of "the Trustees" and inserting instead the following definitions -- 15 " "the Corporate Minister" means the body corporate referred to in section 6 of the Culture, Libraries and the Arts Act 1998; "the Museum Act Minister" means the Minister 20 responsible for the administration of the Museum Act 1969; "; (c) by deleting section 6(2a) and inserting instead the following subsection -- 25 " (2a) This Act does not apply to a collection held for the purposes of the Museum and vested in the Corporate Minister. "; page 42 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Consequential amendments Schedule 1 (d) in section 39A, by deleting "Trustees" and inserting instead -- " Museum Act Minister "; (e) in section 39B, by deleting "Trustees." and inserting 5 instead -- " Museum Act Minister. "; (f) in section 67, by deleting "a Trustee" in the 2 places where it occurs and inserting in each place instead -- " the Museum Act Minister "; 10 (2) Despite subsection (1)(e), section 67 of the Aboriginal Heritage Act 1972, as in force immediately before the commencement of this section, continues to apply to -- (a) a person who has been a Trustee; and (b) a person who has acted under the direction or authority of a 15 Trustee, within the meaning of that Act, as in force at that time, as if this section had not been enacted. 2. Conservation and Land Management Act 1984 amended Section 26H(1)(c) of the Conservation and Land Management 20 Act 1984 is deleted and the following paragraph is inserted instead -- " (c) one shall be a senior scientific officer of the department principally assisting the Minister to whom the administration of the Museum Act 1969 is 25 committed in the administration of that Act; ". page 43 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Schedule 1 Consequential amendments 3. Constitution Acts Amendment Act 1899 amended Schedule V to the Constitution Acts Amendment Act 1899 is amended as follows: (a) in Division 2 of Part 2, by deleting "the Western Australian 5 Museum constituted under the Museum Act 1969, the Library Board of Western Australia constituted under the Library Board of Western Australia Act 1951, or"; (b) in Part 3 -- (i) by inserting after the item that begins "The Architects 10 Board of Western Australia" the following item -- " The Art Gallery Advisory Board established by the Art Gallery Act 1959. "; 15 (ii) by deleting the item that begins "The Board of the Art Gallery of Western Australia"; (iii) by inserting after the item that begins "The Legislative Review and Advisory Committee", the following item -- 20 " The Libraries Council of Western Australia established by the Culture, Libraries and the Arts Act 1998. "; 25 (iv) by inserting after the item that begins "The Multicultural and Ethnic Affairs Commission", the following item -- " The Museum Council established by the 30 Museum Act 1969. "; page 44 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Consequential amendments Schedule 1 (v) by deleting the item that begins "The Perth Theatre Trust". 4. Evidence Act 1906 amended Section 65A of the Evidence Act 1906 is amended as follows: 5 (a) in subsection (1) -- (i) by deleting "Library Board of Western Australia" and inserting instead -- " Arts Department "; (ii) by deleting "board" and inserting instead -- 10 " department "; (b) by repealing subsection (2) and inserting instead the following subsection -- " (2) In this section, "officer of the Arts Department" means an 15 officer of the department of the Public Service principally assisting the Minister to whom the administration of the Culture, Libraries and the Arts Act 1998 is committed in the administration of that Act who is authorized by the chief executive officer of that department to certify photographs 20 for the purposes of this section; and judicial notice shall, for those purposes, be taken of the official signature of every such officer. ". 5. Financial Administration and Audit Act 1985 amended 25 Schedule 1 to the Financial Administration and Audit Act 1985 is amended as follows: (a) by deleting the item "Perth Theatre Trust"; (b) by deleting the item "The Board of the Art Gallery of Western Australia"; page 45 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Schedule 1 Consequential amendments (c) by deleting the item "The Library Board of Western Australia"; (d) by deleting the item "The Western Australian Museum". 6. Government Employees Superannuation Act 1987 amended 5 Schedule 1 to the Government Employees Superannuation Act 1987 is amended in Part B -- (a) by deleting the item "Library Board of Western Australia"; (b) by deleting the item "Perth Theatre Trust"; (c) by deleting the item "The Art Gallery of Western Australia"; 10 (d) by deleting the item "Western Australian Museum". 7. Litter Act 1979 amended Section 26(2)(c)(v) of the Litter Act 1979 is deleted. 8. Maritime Archaeology Act 1973 amended The Maritime Archaeology Act 1973 is amended as follows: 15 (a) in section 3, by inserting after the definition of "Board" the following definition -- " "department" means the department referred to in section 19 of the Culture, Libraries and the Arts 20 Act 1998; "; (b) in section 3, by deleting the definition of "Director" and inserting the following definition instead -- " 25 "Director" means the Director of the Museum, as referred to in section 18(1) of the Museum Act 1969; "; page 46 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Consequential amendments Schedule 1 (c) in section 3, by deleting the definition of "Museum" and inserting the following definition instead -- " "Museum" has the same meaning as it has in the Museum 5 Act 1969; "; (d) in section 3, by inserting after the definition of "site" the following definitions -- " 10 "the Corporate Minister" means the body corporate referred to in section 6 of the Culture, Libraries and the Arts Act 1998; "the Museum Act Minister" means the Minister responsible for the administration of the Museum 15 Act 1969; "; (e) in section 3 in the definition of "Trustees", by inserting after "1969," the following -- " 20 as in force before the commencement of Part 3 of the Culture, Libraries and the Arts (Consequential Provisions) Act 1998, "; (f) in section 5(1), by deleting "Trustees" in the 2 places where it 25 occurs and inserting in each place instead -- " Museum Act Minister "; (g) in section 6(1), by deleting "Museum" and inserting instead -- " Corporate Minister "; page 47 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Schedule 1 Consequential amendments (h) in section 6(2)(a), by deleting "Trustees" and inserting instead -- " Corporate Minister "; (i) in section 6(2), by deleting "vested in the Museum" and 5 inserting instead -- " vested in the Corporate Minister "; (j) in section 6(3), by deleting "Museum" and inserting instead -- " Corporate Minister "; 10 (k) in section 6(4), by deleting "Trustees are" and inserting instead -- " Museum Act Minister is "; (l) in section 6(4), by deleting "Trustees," and inserting instead -- 15 " Museum Act Minister, "; (m) in section 7(1), by deleting "Museum" and inserting instead -- " Corporate Minister "; (n) in section 7(2), by deleting "vested in the Museum" and 20 inserting instead -- " vested in the Corporate Minister "; (o) in section 7(2)(b), by deleting "this Act." and inserting instead -- " 25 Part 3 of the Culture, Libraries and the Arts (Consequential Provisions) Act 1998. "; (p) in section 8(1)(a), by deleting "Trustees," and inserting instead -- 30 " Corporate Minister, "; page 48 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Consequential amendments Schedule 1 (q) in section 8(1)(a), by deleting "Museum" and inserting instead -- " Corporate Minister "; (r) in section 8(1)(b), by deleting "Trustees" and inserting 5 instead -- " Corporate Minister "; (s) in section 8(1)(c), by deleting "member of the staff or employee of the Museum or any person acting with the authority of the Trustees" and inserting instead -- 10 " officer of the department or any person acting with the authority of the Corporate Minister "; (t) in section 8(2), by deleting "Trustees' " and inserting 15 instead -- " Corporate Minister's "; (u) in section 9(1), by deleting "Museum" and inserting instead -- " Corporate Minister "; (v) in section 10(1), by deleting "a member of the staff of the 20 Museum" and inserting instead -- " an officer of the department "; (w) in section 13, by deleting "Trustees" and inserting instead -- " Corporate Minister "; (x) in section 14, by deleting "Trustees" and inserting instead -- 25 " Museum Act Minister "; (y) in section 14, by deleting "them or any member of the staff of the Museum" and inserting instead -- " the Museum Act Minister or any officer of the 30 department "; page 49 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Schedule 1 Consequential amendments (z) in section 15, by deleting "Trustees" in the first place where it occurs and inserting instead -- " Museum Act Minister "; (za) in section 15, by deleting "Museum" in the 2 places where it 5 occurs and "Trustees" in the second place where it occurs and inserting in each place instead -- " Corporate Minister "; (zb) in section 18(1), by deleting "Trustees have" and inserting instead -- 10 " Corporate Minister has "; (zc) in section 18(1), by deleting "Trustees." and inserting instead -- " Corporate Minister. "; (zd) in section 18(2), by deleting "Trustees" in the 3 places where 15 it occurs and inserting in each place instead -- " Corporate Minister "; (ze) in section 18(2), by deleting "satisfy them" and inserting instead -- " satisfy the Corporate Minister "; 20 (zf) in section 18(5), by deleting "Trustees" in the first place where it occurs and inserting instead -- " Corporate Minister "; (zg) in section 18(5)(b), by deleting "Trustees may defer their" and inserting instead -- 25 " Corporate Minister may defer the Corporate Minister's "; (zh) in section 18(6), by deleting "Trustees" in the 2 places where 30 it occurs and inserting in each place instead -- " Corporate Minister "; page 50 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Consequential amendments Schedule 1 (zi) in section 18(7) and (9), by deleting "Trustees" in the 2 places where it occurs and inserting in each place instead -- " Corporate Minister "; (zj) in section 20(1), by deleting "Museum" and inserting 5 instead -- " Corporate Minister "; (zk) in section 20(2), by deleting "Trustees" and inserting instead -- " Corporate Minister "; 10 (zl) in section 20(2)(a), by deleting "their request delivers to them" and inserting instead -- " the Corporate Minister's request delivers to the Corporate Minister 15 "; (zm) in section 20(2)(b), by deleting "Trustees" and inserting instead -- " Corporate Minister "; (zn) in section 20(2)(c), by deleting "Museum;" and inserting 20 instead -- " Corporate Minister; "; (zo) in section 20(2), by deleting "Trustees think" and inserting instead -- " Corporate Minister thinks "; 25 (zp) in section 21, by deleting "Trustees are" and inserting instead -- " Corporate Minister is "; (zq) in section 21, by deleting "Trustees shall" and inserting instead -- 30 " Corporate Minister shall "; page 51 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Schedule 1 Consequential amendments (zr) in section 22(1), by deleting "Trustees," and inserting instead -- " Corporate Minister, "; (zs) in section 22(1), by deleting "them" in the 3 places where it 5 occurs and inserting in each place instead -- " the Corporate Minister "; (zt) in section 22(2), by deleting "Trustees" in the 2 places where it occurs and inserting in each place instead -- " Corporate Minister "; 10 (zu) in section 22(3), by deleting "Trustees shall, unless they" and inserting instead -- " Corporate Minister shall, unless the Corporate Minister 15 ". 9. Public Sector Management Act 1994 amended Schedule 2 to the Public Sector Management Act 1994 is amended by deleting items 35, 49, 50 and 54. 10. State Records Act 1998 amended 20 Section 3(1) of the State Records Act 1998 is amended by deleting the definition of "State collecting institution" and inserting the following definition instead -- " "State collecting institution" means -- 25 (a) the Art Gallery, as defined in section 4 of the Art Gallery Act 1959; (b) a library operated by the department of the Public Service that principally assists the Minister to whom the administration of the 30 Culture, Libraries and the Arts Act 1998 is for page 52 Culture, Libraries and the Arts (Consequential Provisions) Bill 1998 Consequential amendments Schedule 1 the time being committed by the Governor in the administration of that Act; and (c) the Museum, as defined in section 6 of the Museum Act 1969; 5 ". 11. Statutory Corporations Liability of Directors Act 1996 amended Schedule 1 to the Statutory Corporations Liability of Directors Act 1996 is amended by deleting the item relating to the Perth Theatre Trust.
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