Arts Legislation (Amendment) Act 2000

i Arts Legislation (Amendment) Act 2000 Act No. 34/2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENTS TO THE VICTORIAN ARTS CENTRE ACT 1979 3 3. Division of Act into Parts 3 4. Definitions 3 5. New section 3A inserted 4 3A. State collection 4 6. New section 5 substituted 5 5. Functions of the Trust 5 7. Powers of the Trust 6 8. Composition of Trust 7 9. Vacancies 7 10. President 8 11. New sections 11A and 11B inserted 9 11A. Resolutions without meetings 9 11B. Conflicts of interest 10 12. Travelling expenses and fees 11 13. Sub-committees 11 14. New section 13A inserted 12 13A. Delegation 12 15. Trust employees 12 16. New Part 3 inserted 13 PART 3—MANAGEMENT OF LAND 14 17A. Application 14 17B. Power to enter into leases 14 17C. Power to grant licences over land 14 17. New section 18 inserted 15 18. Sale, disposal or exchange of object in the State collection 15 -- 1 of 27 -- Section Page ii 18. Amendment of by-laws powers 17 19. New Part 5 inserted 17 PART 5—CHANGES TO MANAGEMENT OF ARTS CENTRE LAND 17 20. Definitions 17 21. Revocation of Crown grant 18 22. Operation of this Part does not affect certain matters 18 23. Divesting not to affect lease to Citipower 19 24. Land to be managed by Trust and Council of Trustees of the National Gallery 20 25. Registrar of Titles to make necessary amendments 20 PART 3—AMENDMENTS TO THE NATIONAL GALLERY OF VICTORIA ACT 1966 21 20. New definition 21 21. Venues for National Gallery of Victoria 21 22. Amendments to functions of Council 22 23. Powers of the Council 22 13A. Powers of the Council 22 24. Council can not sell National Gallery land 23 25. New Division 2A of Part II inserted 23 Division 2A—Management of Land 23 17. Application 23 17A. Power to enter into leases 23 17B. Power to grant licences over National Gallery land 24 ═══════════════ NOTES 25 -- 2 of 27 -- 1 Arts Legislation (Amendment) Act 2000† [Assented to 6 June 2000] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to provide for— (i) the revocation of the Crown grant of the land on which the National Gallery of Victoria and part of the Victorian Arts Centre is situated; and Victoria No. 34 of 2000 -- 3 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 2 (ii) the vesting of the control and management of the part of that land on which the Gallery is situated in the Council of Trustees of the National Gallery of Victoria and the part of that land on which part of the Victorian Arts Centre is situated in the Victorian Arts Centre Trust; (b) to establish the collection of the Performing Arts Museum as a State collection; (c) to update the functions and powers of the Victorian Arts Centre Trust; (d) to provide for the appointment of a chief executive officer of the Victorian Arts Centre Trust for a maximum term of 5 years; (e) to make other amendments of a machinery or procedural nature to improve the operation of the Victorian Arts Centre Trust and the Council of Trustees of the National Gallery of Victoria. 2. Commencement This Act comes into operation on 1 July 2000. _______________ s. 2 -- 4 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 3 PART 2—AMENDMENTS TO THE VICTORIAN ARTS CENTRE ACT 1979 3. Division of Act into Parts In the Victorian Arts Centre Act 1979— (a) before section 1 insert— "PART 1—PRELIMINARY"; (b) before section 4 insert— "PART 2—VICTORIAN ARTS CENTRE TRUST"; (c) before section 18A insert— "PART 4—GENERAL". 4. Definitions In section 3 of the Victorian Arts Centre Act 1979— (a) for the definition of "Centre" substitute— ' "Centre" means— (a) the land shown as Parcel A on the plan numbered LEGL./00–04 lodged in the Central Plan Office in the Department of Natural Resources and Environment; and (b) the land contained in Crown grant Volume 9205 Folio 760; and (c) the buildings and improvements erected on that land;'; s. 3 No. 9354. Reprinted to No. 4/1995. Further amended by Nos 42/1995, 104/1995, 5/1998 and 46/1998. -- 5 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 4 (b) insert the following definition— ' "performing arts material" means any object having a connection with or containing information about the performing arts of music, opera, dance, theatre and circus and includes costumes and accessories, musical instruments, personal effects, stage properties, puppets, set and costume designs, set models, technical equipment, film, video, photographs, posters, programs, scrapbooks, sheet music and sound recordings;'; (c) the definitions of "Chairman", "National Gallery trustees" and "trustee" are repealed. 5. New section 3A inserted In Part 1 of the Victorian Arts Centre Act 1979, after section 3 insert— "3A. State collection The State collection comprises— (a) all performing arts material in the public performing arts museum vested in the Trust and accepted for the State collection by the Trust; and (b) all performing arts material acquired and accepted for the State collection by the Trust; and (c) all donations, gifts, dispositions and trusts of property, real or personal, other than money, lawfully made or declared whether before or after the commencement of the Arts Legislation (Amendment) Act 2000 by deed, will or otherwise to or in favour of the Trust or for the uses or purposes of the Trust s. 5 -- 6 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 5 and accepted for the State collection by the Trust.". 6. New section 5 substituted For section 5 of the Victorian Arts Centre Act 1979 substitute— "5. Functions of the Trust (1) The functions of the Trust are— (a) to control, manage, operate, promote, develop and maintain the Centre; and (b) to present and produce theatrical performances, operas, plays, dramas, ballets and musical and other performances and entertainment of any kind at any place; and (c) to promote the use of the theatres, concert hall and other places of assembly by suitable persons and bodies; and (d) to provide leadership in the promotion and development of the performing arts; and (e) to ensure the maintenance, conservation, development and promotion of the State collection of performing arts material; and (f) to oversee the exhibition of performing arts material from the State collection and make any performing arts material from the State collection available on loan to persons or institutions; and (g) to carry on, whether within or outside Victoria, whether alone or in s. 6 -- 7 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 6 association with any other person or persons and whether or not in relation to the Centre, a business of providing ticketing, inventory management of admissions, marketing and related services; and (h) to perform any other functions appropriate to the Centre as the Minister may approve; and (i) to carry out any other function conferred on the Trust under this Act. (2) In carrying out its functions, the Trust must endeavour to contribute to the enrichment of the cultural, educational, social and economic life of the people of Victoria.". 7. Powers of the Trust (1) In section 6(2) of the Victorian Arts Centre Act 1979— (a) for paragraph (b) substitute— "(b) subject to Part 3, to grant leases of or licences to use any part of the Centre; (ba) to grant leases of or licences to use any other land of the Trust;"; (b) in paragraphs (ca), (cb) and (cc), omit "with the consent in writing of the Minister after consultation with the Treasurer,"; (c) in paragraph (e), for "licence or permit or extended hours permit under the Liquor Control Act 1987" substitute "licence or permit under the Liquor Control Reform Act 1998"; (d) for paragraph (g) substitute— s. 7 -- 8 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 7 "(g) to enter into any contracts, agreements or arrangements with— (i) the Council of Trustees of the National Gallery of Victoria constituted under the National Gallery of Victoria Act 1966; or (ii) any other person or body, whether corporate or unincorporate— for the purpose of carrying out its functions under this Act, including the provision of services by the Trust or the hire of any plant or equipment of the Trust;"; (e) in paragraph (l), omit "and a public music library". (2) In section 6 of the Victorian Arts Centre Act 1979, sub-section (3) is repealed. 8. Composition of Trust (1) In section 8(2) of the Victorian Arts Centre Act 1979, after "he" insert "or she". (2) In section 8(2A)(a) of the Victorian Arts Centre Act 1979, for "Chairman" substitute "President". (3) In section 8 of the Victorian Arts Centre Act 1979, sub-section (4) is repealed. 9. Vacancies (1) In section 9(1) of the Victorian Arts Centre Act 1979— (a) in paragraph (a), after "his" insert "or her"; (b) in paragraph (b), for "he" substitute "the member"; (c) in paragraph (c), after "he" insert "or she"; (d) in paragraph (d)— s. 8 -- 9 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 8 (i) for "he" substitute "the member"; (ii) after "his" (wherever occurring) insert "or her"; (e) in paragraph (e)— (i) for "he" substitute "the member"; (ii) after "his" insert "or her"; (f) in paragraph (f)— (i) for "Chairman" substitute "President"; (ii) for "he" substitute "the member"; (g) in paragraph (g), for "he" substitute "the member". (2) In section 9(2) of the Victorian Arts Centre Act 1979, for "Chairman" substitute "President". 10. President (1) In section 10(1) of the Victorian Arts Centre Act 1979, for "Chairman" (wherever occurring) substitute "President". (2) In section 10(2) of the Victorian Arts Centre Act 1979— (a) for "Chairman" (wherever occurring) substitute "President"; and (b) after "his" insert "or her". (3) In section 10(3) of the Victorian Arts Centre Act 1979— (a) for "Chairman" (wherever occurring) substitute "President"; and (b) after "he" insert "or she". (4) In section 10 of the Victorian Arts Centre Act 1979, sub-section (4) is repealed. s. 10 -- 10 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 9 (5) In section 10(5) of the Victorian Arts Centre Act 1979— (a) for "Chairman" substitute "President"; and (b) after "he" insert "or she"; and (c) omit "and in his absence the Deputy- Chairman shall preside". (6) In section 10 of the Victorian Arts Centre Act 1979, for sub-section (6) substitute— "(6) In the absence of the President, a member of the Trust who is chosen by the members present to be chairperson of the meeting shall preside.". (7) In section 10(7) of the Victorian Arts Centre Act 1979, for "chairman of" substitute "person presiding at". 11. New sections 11A and 11B inserted After section 11 of the Victorian Arts Centre Act 1979 insert— "11A. Resolutions without meetings (1) If— (a) the Trust has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and (b) a majority of the members for the time being sign and date a document containing a statement that they are in favour of the resolution in the terms set out in the document— a resolution in those terms is deemed to have been passed at a meeting of the Trust held on the day on which the document is signed or, if the members referred to in paragraph (b) do not sign it on the same day, on the day on s. 11 -- 11 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 10 which the last of those members signs the document. (2) For the purposes of sub-section (1), 2 or more separate documents containing a statement in identical terms, each of which is signed and dated by one or more members, are deemed to constitute one document. (3) If a resolution is, under sub-section (1), deemed to have been passed at a meeting of the Trust, each member must as soon as practicable be advised of the matter and given a copy of the resolution. (4) The majority of members referred to in sub- section (1)(b) must not include a member who, because of section 11B, is not entitled to vote on the resolution. 11B. Conflicts of interest (1) If— (a) a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Trust; and (b) the interest could conflict with the proper performance of the member's duties in relation to the consideration of the matter— the member, as soon as practicable after becoming aware of the relevant facts, must declare the nature of the interest to the Trust or, in the case of a proposed resolution notice of which is given under section 11A(1)(a), to the President. (2) The Trust or the President must cause the declaration to be tabled at the next meeting of the Trust and the person presiding at that s. 11 -- 12 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 11 meeting must cause the declaration to be recorded in the minutes of the meeting. (3) A member who has a conflict of interest in a matter— (a) must not be present during any deliberations on the matter, unless the Trust directs otherwise; and (b) is not entitled to vote on the matter. (4) If a member votes on a matter in contravention of sub-section (3)(b), the vote must be disallowed. (5) A member who has a conflict of interest in a matter must not be present during any deliberations leading to a direction, or take part in making a direction, under sub-section (3)(a).". 12. Travelling expenses and fees In section 12 of the Victorian Arts Centre Act 1979, for "as are prescribed by regulations under this Act" substitute "that are fixed for that member from time to time by the Governor in Council". 13. Sub-committees In section 13(3) of the Victorian Arts Centre Act 1979— (a) before paragraph (a) insert— "(aa) establish any sub-committees it considers necessary and define the constitution and functions of each sub- committee so established;"; (b) for paragraph (b) substitute— "(b) determine the procedure of each sub- committee; s. 12 -- 13 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 12 (ba) change the constitution or functions of a sub-committee;"; (c) after paragraph (c) insert— "(d) dissolve a sub-committee.". 14. New section 13A inserted After section 13 of the Victorian Arts Centre Act 1979 insert— "13A. Delegation (1) The Trust may, by instrument under its common seal, delegate any of its functions or powers (except this power of delegation or the power to make by-laws) to— (a) the members constituting a sub- committee of the Trust; or (b) a member of the Trust; or (c) the chief executive officer of the Trust; or (d) an employee of the Trust. (2) A delegation under sub-section (1) may be made to a specified person or class of persons referred to in that sub-section.". 15. Trust employees (1) In section 14(1) of the Victorian Arts Centre Act 1979— (a) in paragraph (a), for "general manager" substitute "chief executive officer"; (b) paragraph (b) is repealed. (2) In section 14 of the Victorian Arts Centre Act 1979, for sub-section (1A) substitute— "(1A) Subject to the general direction and control of the Trust, the chief executive officer shall s. 14 -- 14 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 13 have the control and management of the day to day affairs of the Trust. (1B) The chief executive officer shall be appointed by the Trust, with the approval of the Minister, for the term, not exceeding 5 years, that is specified in the instrument of appointment but is eligible for re- appointment. (1C) The chief executive officer holds office, subject to this Act, on the terms and conditions that are specified in the instrument of appointment. (1D) The Trust must not remove the chief executive officer from office except with the approval of the Minister.". (3) In section 14(4) of the Victorian Arts Centre Act 1979, after "his" insert "or her". (4) In section 14 of the Victorian Arts Centre Act 1979, after sub-section (4) insert— "(5) The person holding office as general manager immediately before the commencement of section 15 of the Arts Legislation (Amendment) Act 2000 continues to hold office as the chief executive officer for the remainder of the term for which the person was appointed as general manager.". 16. New Part 3 inserted After section 17 of the Victorian Arts Centre Act 1979 insert— s. 15 s. 16 -- 15 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 14 "PART 3—MANAGEMENT OF LAND 17A. Application This Part has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978. 17B. Power to enter into leases (1) The Trust may grant a lease of the Centre or any part of the Centre for any purpose not inconsistent with the reservation of that land. (2) A lease granted under this section may be for a term not exceeding 30 years. (3) A lease granted under this section— (a) may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 30 years; and (b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and (c) is subject to any covenants, exceptions, reservations and conditions that are determined by the Trust. 17C. Power to grant licences over land (1) The Trust may grant a licence to enter and use any part of the Centre for any purpose -- 16 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 15 not inconsistent with the reservation of that land. (2) A licence granted under this section— (a) may be for a period not exceeding 7 years; and (b) is subject to the terms and conditions determined by the Trust.". 17. New section 18 inserted In Part 4 of the Victorian Arts Centre Act 1979, before section 18A insert— "18. Sale, disposal or exchange of object in the State collection (1) The Trust must not sell or dispose of an object that is part of the State collection unless— (a) the Trust has resolved that retention of that object, or objects of that class, is unnecessary and inappropriate to the activities of the Trust; and (b) the Trust has caused to be published and displayed in accordance with sub- section (2) a notice containing— (i) a description of the object or class of objects; and (ii) a statement that the Trust intends to sell or dispose of that object or an object or objects in that class of objects; and (iii) a statement that any person may object in writing to the proposed sale or disposal within 6 months after the date of publication or display; and s. 17 -- 17 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 16 (c) either— (i) no objection was received within that period; or (ii) if an objection was so received, the Minister, or a delegate of the Minister, has decided in accordance with this section that the sale or disposal should proceed. (2) A notice under sub-section (1)(b)— (a) must be published not less than 6 months before the proposed sale or disposal in a newspaper circulating generally in Victoria; and (b) must be displayed on the premises where the State collection is exhibited in a prominent position accessible to the public for a period of not less than 6 months before the proposed sale or disposal. (3) A person may object to the proposed sale or disposal of an object or class of objects under this section by notice in writing given to the Trust within 6 months after— (a) the date of publication of a notice under sub-section (2)(a); or (b) the date of first display of a notice under sub-section (2)(b). (4) If the Trust receives an objection under sub- section (3) and wishes to proceed with the sale or disposal despite the objection, the Trust must refer the objection to the Minister. (5) The Minister must— s. 17 -- 18 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 17 (a) decide whether or not the object or class of objects should be sold or disposed of; and (b) cause the Trust and every objector to be notified of the Minister's decision. (6) The Minister may, by instrument, delegate to a panel of persons selected by the Minister the power of the Minister under sub- section (5)(a). (7) The Trust may exchange with a body which has objects or functions similar to those of the Trust any duplicate material that is part of the State collection.". 18. Amendment of by-laws powers In section 18A(a) of the Victorian Arts Centre Act 1979, for "those parts of the Centre controlled and managed by the Trust" substitute "the Centre". 19. New Part 5 inserted After section 19 of the Victorian Arts Centre Act 1979 insert— 'PART 5—CHANGES TO MANAGEMENT OF ARTS CENTRE LAND 20. Definitions In this Part— "Arts Centre land" means the land in the City of Melbourne, Parish of Melbourne South, County of Bourke, being an area of 8 acres, 0 roods, 2 perches permanently reserved as a site for a National Art Gallery and Cultural Centre by Order in Council dated 7 May 1957 and published in the s. 18 -- 19 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 18 Government Gazette dated 15 May 1957 at page 1593, less— (a) the excision authorised by the Melbourne (St. Kilda Road Underpass) Lands Act 1969; and (b) any other authorised excisions; "lodged plan" means the plan numbered LEGL./00–04 lodged in the Central Plan Office in the Department of Natural Resources and Environment. 21. Revocation of Crown grant (1) On the commencement of section 19 of the Arts Legislation (Amendment) Act 2000— (a) Crown grant Volume 8141 Folio 100 is revoked; (b) subject to sections 22, 23 and 24, the Arts Centre land— (i) is divested from the Trust; and (ii) reverts to the Crown; and (iii) is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. (2) This section has effect despite anything to the contrary in any Act, law or instrument. 22. Operation of this Part does not affect certain matters Nothing in this Part affects the status or continuity of— s. 19 -- 20 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 19 (a) the permanent reservation of the Arts Centre land by the Order in Council dated 7 May 1957 and published in the Government Gazette dated 15 May 1957 at page 1593; (b) the perpetual licence dated 12 February 1985 (as amended from time to time) granted to the Trust under section 6(1) of the Melbourne (Snowden Gardens) Land Act 1975; (c) the proclamation dated 3 February 1987 made under section 5 of the Melbourne (St. Kilda Road Underpass) Lands Act 1969 and published in the Government Gazette dated 11 February 1987 at page 291 and the maintenance and use, in accordance with that proclamation, of the land shown hatched on the plan in that proclamation. 23. Divesting not to affect lease to Citipower (1) Nothing in this Part— (a) affects the status or continuity of any lease relating to the Arts Centre land or any part (including a stratum) of that land between the Trust and Citipower Pty (ACN 064 651 056) existing immediately before the commencement of this Part; or (b) prevents the entry into a new lease for a further term in accordance with the lease referred to in paragraph (a); or (c) is to be regarded as placing any person in breach of, or as constituting a default under, any provision of the lease s. 19 -- 21 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 20 referred to in paragraph (a), including any provision regulating the termination of the lease. (2) In this section, "lease" includes an interest in the nature of a lease. 24. Land to be managed by Trust and Council of Trustees of the National Gallery On the commencement of section 19 of the Arts Legislation (Amendment) Act 2000— (a) the control and management of the land shown as Parcel A on the lodged plan is vested in the Trust; and (b) the control and management of the land shown as Parcel B on the lodged plan is vested in the Council of Trustees of the National Gallery of Victoria constituted under the National Gallery of Victoria Act 1966. 25. Registrar of Titles to make necessary amendments The Registrar of Titles must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.'. _______________ s. 19 -- 22 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 21 PART 3—AMENDMENTS TO THE NATIONAL GALLERY OF VICTORIA ACT 1966 20. New definition In section 4 of the National Gallery of Victoria Act 1966, insert the following definition— ' "National Gallery land" means the land shown as Parcel B on the plan numbered LEGL./00–04 lodged in the Central Plan Office in the Department of Natural Resources and Environment;'. 21. Venues for National Gallery of Victoria In section 4A of the National Gallery of Victoria Act 1966, for the words and expressions commencing "and conducted at the Victorian Arts Centre" and ending at the end of the section substitute— "(2) The National Gallery shall be conducted— (a) on the National Gallery land; and (b) at any other places that the Minister may approve from time to time by notice published in the Government Gazette. (3) The Minister may revoke, amend or vary a notice made under sub-section (2)(b) by notice published in the Government Gazette. (4) Any proclamation made under this section and in force immediately before the commencement of section 21 of the Arts Legislation (Amendment) Act 2000 is deemed to be a notice made by the Minister under sub-section (2)(b).". s. 20 No. 7482. Reprint No. 3 as at 26 March 1998. Further amended by Nos 5/1998 and 59/1998. -- 23 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 22 22. Amendments to functions of Council In section 13(1) of the National Gallery of Victoria Act 1966— (a) for paragraph (a) substitute— "(a) to control, manage, operate, promote, develop and maintain the National Gallery and the National Gallery land;"; (b) after paragraph (h) insert— "(i) to carry out any other function conferred on the Council under this Act.". 23. Powers of the Council Before section 14 of the National Gallery of Victoria Act 1966 insert— "13A. Powers of the Council (1) The Council may do all things necessary or convenient to be done for or in connection with the carrying out of its functions. (2) Without limiting sub-section (1), the Council— (a) for the purpose of carrying out its functions, may enter into contracts, agreements or arrangements with— (i) the Victorian Arts Centre Trust constituted by the Victorian Arts Centre Act 1979; or (ii) any other person or body, whether corporate or unincorporate; (b) may, subject to this Act, grant a lease or licence over any part of the National Gallery land.". s. 22 -- 24 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 23 24. Council can not sell National Gallery land In section 14 of the National Gallery of Victoria Act 1966, after sub-section (1) insert— "(1A) Nothing in this section applies in respect of the National Gallery land.". 25. New Division 2A of Part II inserted In the National Gallery of Victoria Act 1966, after section 16, insert— "Division 2A—Management of Land 17. Application This Division has effect despite anything to the contrary in the Land Act 1958 and the Crown Land (Reserves) Act 1978. 17A. Power to enter into leases (1) The Council may grant a lease of the National Gallery land or any part of that land for any purpose not inconsistent with the reservation of that land. (2) A lease granted under this section may be for a term not exceeding 30 years. (3) A lease granted under this section— (a) may contain provision for the term of the lease to be extended one or more times, but the aggregate of the initial term and any extensions of the term must not exceed 30 years; and (b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more s. 24 -- 25 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 24 than 3 months from the expiry of the lease; and (c) is subject to any covenants, exceptions, reservations and conditions that are determined by the Council. 17B. Power to grant licences over National Gallery land (1) The Council may grant a licence to enter and use any part of the National Gallery land or any building on that land for any purpose not inconsistent with the reservation of that land. (2) A licence granted under this section— (a) may be for a period not exceeding 7 years; and (b) is subject to the terms and conditions determined by the Council.". ═══════════════ s. 25 -- 26 of 27 -- Act No. 34/2000 Arts Legislation (Amendment) Act 2000 25 NOTES † Minister's second reading speech— Legislative Assembly: 4 May 2000 Legislative Council: 25 May 2000 The long title for the Bill for this Act was "to amend the Victorian Arts Centre Act 1979 and the National Gallery of Victoria Act 1966 and for other purposes." Notes -- 27 of 27 --