Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p42
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 42/48)
Character Range: 146828–149697

or produced by the Gallery for the purposes of sale".

Section 3 (definition of "Secretary and Manager")—
Omit the definition.

Section 3—
Add at the end the following sub-section:
"(2) A reference in this Act to any land or building owned by, or under the control of, the Gallery includes a reference to a part of any such land or a part of any such building, as the case may be.".

Sub-section 4 (4)—
Insert "imprint of the" after "notice of the".

Paragraph 7 (2) (a)—
Insert "to commission or produce," after "hire,".

Paragraph 7 (2) (b)—
Omit the paragraph, substitute the following paragraph:
     "(b) to make available (whether by hire, loan, sale or otherwise) works of art;".

Paragraph 7 (2) (d)—
Insert "hire, loan," after "by".

SCHEDULE 1—continued

After paragraph 7 (2) (d)—
Insert the following paragraph:
     "(da) to make available (whether for reward or otherwise) services in relation to the visual arts (whether with or without the supply of goods), including the carrying out of investigations and the giving of advice;".

Paragraph 7 (2) (e)—
Insert "hire, loan," after "by".

After paragraph 7 (2) (g)—
Insert the following paragraphs:
     "(ga) to grant (whether for reward or otherwise) rights to use any land or building owned by, or under the control of, the Gallery;
     (gb) to fix charges for entry onto any land, or into any building, owned by, or under the control of the Gallery, being charges that—
         (i) are in addition to the charges fixed by the regulations; and
         (ii) relate to special exhibitions or other special events;".

Paragraph 7 (2) (j)—
Omit "Australia" (wherever occurring), substitute "the Commonwealth".

Sub-section 7 (3)—
Insert "in the national collection" after "art".
Sub-section 7 (4)—
Insert "but subject to sections 36 and 39," after "Act,".

Section 8—
Omit "Australia" (wherever occurring), substitute "the Commonwealth".

Sub-section 9 (2)—
Omit the sub-section.

Section 10—
Repeal the section, substitute the following section:

Exchange of works of art
"10. (1) Where the Council is satisfied that the exchange of a work of art in the national collection for another work of art would be advantageous to the collection, the Gallery may make that exchange.
"(2) An agreement for an exchange under sub-section (1) may include an undertaking by one party to pay an amount to the other party in recognition of the difference in value between the works of art to be exchanged.".

Sub-sections 11 (8), (9) and (13)—
Omit "Australia" (wherever occurring), substitute "the Commonwealth".

Sub-section 11 (14)—
Omit "1955-1974", substitute "1955".

SCHEDULE 1—continued

Sub-section 11 (16)—
Omit "1955-1974", substitute "1955".

Sub-section 13 (5)—
Omit the sub-section.

Sub-section 16 (3)—
Omit "1973-1974", substitute "1973".

Paragraph 17 (2) (c)—
Insert ", without reasonable excuse,"