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©State of Queensland
QUEENSLAND
THE COLONEL DANIEL EDWARD EVANS (WILLIAM PARRY MEMORIAL BURSARY) ACT OF
1960, 9 Eliz. 2
[Reprinted as at 1 December, 19831
An Act relating to a Trust called the William Parry Memorial Bursary created under the Will of the late Colonel Daniel Edward Evans
[ASSENTED TO 15 MARCH, 19601 Preamble. WHEREAS Colonel Daniel Edward Evans, deceased (herein called “the Testator”) late of Brisbane in the State of Queensland, by his last Will and Testament dated the sixteenth day of November, one thousand nine hundred and fifty-oney directed that one-half of his estate should be divided into twenty equal parts and that two of such parts be retained and invested in the name of his Trustee and the net annual income therefirom applied as an annual educational bursary for an engineering apprentice in the Bundaberg Engineering District including sugar mills to be chosen by a Committee (herein called “the Committee”) to be appointed by his Trustee and to comprise a director and foreman engineer of the Bundaberg Foundry preferably officers who have ssrved under the late William Parry and a representative of the Queensland Department of Education preferably a representative dealing with technical training and the terms of such bursary to be in the absolute discretion of the committee and such bursary to be a memorial to the said late William Parry who was engineer foreman of the said Bundaberg Foundry about one thousand nine hundred and two and with whom the Testator served part of his apprenticeship and to be known as “The William Parry Memorial”
A N D WHEREAS the Full Court of Queensland has held that such bursary for an apprentice in the Bundaberg Engineering District was a valid bequest:
A N D WHEREAS it is deemed desirable and expedient to provide as enacted herein for the administration of the aforementioned trust and the application of the part of the estate of the Testator subject thereto as near as possible to the intention of the Testator:
Be it therefore enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
8. Short title. This Act may be cited as “The Colonel Daniel Edward Evans (William Farry Memorial Bursary) Act of 1960.”
L
2 SS. 2-4 T H E COLONEL DANIEL E D W A R D EVANS (WILLIAM P A R R Y MEMORIAL BURSARY) A C T OF 1960
2. Meaning d terms. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respec- tively assigned to them, that is to say:-
“Bundaberg Engineering Distriot”4uch district shall comprise the Area of the City of Bundaberg and the area without but within thirty miles of the boundaries of that City, includ- ing all sugar mills for the time being situated within such district, and in particular (and whether situated within or without such district) the sugar mills called respectively Bingera, Fairymead, Gin Gin, Isis, Millaquin and Qunaba:
“Committee”-The Committee referred to in the provisions of the Will creating the Trust;
“Testator”-The Testator mentioned in the preamble to this Act, namely, Colonel Daniel Edward Evans, deceased, late of
Brisbane in the State of Queensland;
“Trustee”-The executor and trustee named in the Will, namely, The Union Trustee Company of Australia Limited within the meaning of “The Union Trustee Company of Australia, Limited, Acts, 1890 to 1959”;
“Trust”-The trust created by the Will, and mentioned in the preamble to this Act;
“Will”-The last Will and Testament dated the sixteenth day of November, one thousand nine hundred and fifty-one, of the Testator.
3. Powers of the Tmstee. (1) The Trustee shall have power and authority to, and may in his discretion, apply the net income of the Trust-
(a) In paying concurrently bursaries to more persons th chosen by the Committee;
(b) In paying continuously for longer than one year a bursary to any person chosen by the Committee; or
(6)
In
continued payment of a bursary to a person chosen by the Committee after such person has ceased to be an engineering apprentice in the Bundaberg Engineering District.(2) The Trustee shall have power and authority to determine the aggregate or periodical amount of any bursary to be paid from the net incume of the Trust, and may determine different such amounts in respect of different persons chosen or to be chosen by the Committee, and whether at the same time or different times.
.
( 1 ) Gubject to this section tRe @om- (a) To choose at one and the same t h e two or more persons rnittee shall have power and authority-to receive bursaries from the Trust;
T H E COLONEL DANIEL E D W A R D EVANS (WILLIAM s . 4 3 PARRY MEMORIAL BURSARY) ACT OF 1960
(b) To choose any person to receive a bursary from the Trust notwithstanding that any other person previously chosen by the Trust is then in receipt of such a bursary;
(c) To fix at its discretion the terms upon which any person chosen by it shall receive a bursary from the Trust, including- (i) The period for which such bursary shall or may continue;
(ii) The aggregate or periodical amount of such bursary;
(iii) The purposes for which such bursary may be applied; and (iv) The grounds upon which such bursary may be cancelled or suspended and, in the case of such suspension, the terms upon which the suspension may be removed or the suspended bursary cancelled.
its powers and authorities the Committee shall at all times have regard to the income of the Trust which is or will be available to provide for any person thereunto chosen by the Committee a bursary from the Trust upon the terms fixed by it.
The decision of the Trustee upon the matter of the net income from the Trust which is or will be available at any time or during any period of t h e shall be conclusive of such matter and shall be observed by the Committee.
( 3 ) The Committee may fix terms requiring or permitting a bursary to be applied for all or any of the following purposes, namely:-
(a) In payment of fees for a course of study at a specified university or technical college in Queensland or elsewhere;
( b ) In payment of the costs of text books and equipment required in connection with any such course;
(c) In payment of fees for enrolment in a residential college of a university whilst attending any such course thereat;
(d) In payment of expenses incurred for board and lodgings while attending any such course; and
(e) In payment o any cost, charge or expense incurred in respect of a matter or thing which, in the opinion of the Committee, is of educational benefit to the recipient.
of the bursary concerned.
e Committee shall not choose any person to receive a bursary
from the Trust so chosen, an engineering
apprentice in the undaberg Engineerin ict.
The Committee may choose any person to receive, and any person chosen by the Committee may receive and continue to receive a bursary from the Trust in respect of a course of study at a university or technical college notwithstanding that in order that such person may commence or continue such course of study ]he must cease to be an engineering
(2) In the exercise of
less such person is,
4 s. 5 T H E COLONEL DANIEL E D W A R D EVANS (WILLIAM PARRY MEMORIAL BURSARY) A C T OF 1960
apprentice in the Bundaberg Engineering District or that such apprentice- ship must be suspended in order to enable such person to undertake or continue such course of study.
5. Interpretation. The powers and authorities of the Trustee and the Committee respectively under this Act shall be in addition to and not in substitution for *their powers and authorities under the Will and no provision of this Act shall be construed so as to derogate from or prejudice howsoever any power or authority conferred on them, or either of them, by the Will.
B y Authority: S. R. HAMPSON, Government Printer, Queensland
