Document ID: chunk:federal_register_of_legislation:C2021C00216:section:11:p2
Version: federal_register_of_legislation:C2021C00216
Segment Type: section
Provision Reference: s 11 (pt 2/3)
Character Range: 12879–15470

that time, the person who submitted the property to the Gallery or any other person who has an interest in the property has lodged with the Gallery a claim with respect to the property.
 (5) Where:
 (a) the period of 3 months specified in a notice under subsection (3) that has been published for the second time has expired; and
 (b) the property to which the notice relates has not ceased to be property in relation to which this section applies;
the Council may:
 (c) if the property is a work of art and the Council wishes to acquire it for the national collection—request the Minister to approve its acquisition for the national collection; or
 (d) in any other case—request the Minister to approve its disposal in accordance with this section.
 (6) Before approving of the acquisition of a work of art in accordance with a request under paragraph (5)(c), the Minister shall obtain a valuation of the work of art from an independent expert.
 (7) Where a work of art the subject of a request under paragraph (5)(c) has not ceased to be property in relation to which this section applies, the Minister may, by notice published in the Gazette, approve the acquisition of the work of art for the national collection.
 (8) Upon the publication in the Gazette of a notice under subsection (7), the work of art to which the notice applies is, by force of this subsection:
 (a) vested in the Commonwealth; and
 (b) freed and discharged from all interests, trusts, restrictions, obligations, contracts, licences and charges;
to the intent that the legal estate in the work of art and all rights and powers incident to that legal estate are vested in the Commonwealth.
 (9) The Minister shall, on behalf of the Commonwealth, transfer to the Gallery for inclusion in the national collection a work of art referred to in subsection (8).
 (10) Where property the subject of a request under paragraph (5)(d) has not ceased to be property in relation to which this section applies, the Minister may approve the disposal of the property and advise the Council accordingly.
 (11) Where the Minister has advised the Council of his or her approval of the disposal of property and the property has not ceased to be property in relation to which this section applies, the Gallery may:
 (a) cause the property to be sold by public auction; or
 (b) if the Council determines that the property is valueless or that for some other reason it is not practicable to sell the property by public auction—cause the property to be disposed of otherwise than by sale or to be destroyed.
 (12) For the purposes of a sale