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s 18

Sale, disposal or exchange of object in the State collection or the public art collection

In force
Part 4General

18 Sale, disposal or exchange of object in the State collection or the public art collection

S. 18(1) amended by No. 66/2001 s. 7(a).

(1)

The Trust must not sell or dispose of an object that is part of the State collection or the public art 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 subsection (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

(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 subsection (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

S. 18(2)(b) amended by No. 66/2001 s. 7(b).

(b)

must be displayed on the premises where the State collection or the public art collection, as the case may be, 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 subsection (2)(a); or

(b)

the date of first display of a notice under subsection (2)(b).

(4)

If the Trust receives an objection under subsection (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—

(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 subsection (5)(a).

S. 18(7) amended by No. 66/2001 s. 7(c).

(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 or the public art collection, as the case may be.

S. 18A inserted by No. 29/1994 s. 26.

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