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©State of Queensland
QUEENSLAND
QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981
[Reprinted as at 1 October, 1985]
Queensland Cultural Centre Trust Act 1976, No. 32 As amended by
Queensland Cultural Centre Trust Act Amendment Act 1981, No. 79
An Act to provide for the establishment and incorporation of a body to be known as the Queensland Cultural Centre Trust, to make provision with respect to the administration of that body and for purposes incidental thereto
[ASSENTED TO 28 APRIL, 1976]
BE IT 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:-
1. Short title and commencement. ( 1) This Act may be cited as the Queensland Cultural Centre Trust Act 1976.
(2) This Act shall commence on a date to be fixed by Proclamation.
Collective title conferred by Act of 1981, No. 79, s. I (3).
Commenced 3 March 1977 (Proc. pubd. Gaz. 5 March 1977, p. 908).
2. Interpretation. In this Act save where the contrary intention appears-
"by-laws" means by-laws made under this Act;
"Centre" means the Queensland Cultural Centre;
"Chairman" means the Chairmah of the Trust;
"Deputy Chairman" means the Deputy Chairman of the Trust;
"financial year" means the period of 12 months ending on 30 June in any year;
"member" means a person occupying any of the offices of member of the Trust including that of Chairman;
"Minister" means the Treasurer or other Minister of the Crown who, at the material time, is charged with the administration
2 s. 3 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s. 3
of this Act and includes a Minister of the Crown who is temporarily performing the duties of the Minister;
"Queensland Cultural Centre" means the land reserved and set apart for the purpose of constituting a cultural centre at Brisbane together with the buildings and other improvements thereon;
"Queensland Cultural Centre Trust" means the Queensland Cultural Centre Trust established and incorporated under this Act;
"statutory corporation" means-
(a) The Library Board of Queensland established and incorporated under the Libraries Act 1943-1974;
(b) The Trustees of the Queensland Art Gallery constituted and incorporated under The Queensland Art Gallery Act of 1959;
(c) Queensland Museum Board of Trustees constituted under the Queensland Museum Act 1970-1974; and
(d) such other body as is declared under the Act by which it is constituted to be a statutory corporation for the purposes of this Act;
"Trust" means the Queensland Cultural Centre Trust established and incorporated under this Act.
As amended by Act of 1981, No. 79, s. 2.
3. Constitution of Trust. (1) There is hereby established a body under the name and style, Queensland Cultural Centre Trust.
(2) The Queensland Cultural Centre Trust is a body corporate and shall have perpetual succession and a common seal and, subject to this Act, shall be capable of-
(a) suing and being sued;
(b) compounding or proving in any court of competent jurisdiction all debts and sums of money due to it;
(c) acquiring, holding, and alienating (by exchange, sale, demise or otherwise) personal property or any interest therein; and (d) to hold as trustee for the purpose of constituting the Centre land reserved and set apart and placed under the control of the Trust as trustee pursuant to section 19 A;
(e) letting or leasing land and buildings, or any part thereof comprised in the Centre.
(3) For the purposes of section 32 the Trust may accept and hold land given to it by way of devise, bequest or gift inter vivos.
( 4) All courts and persons acting judicially shall take judicial notice of the common seal of the Trust and, until the contrary is proved, shall presume that it was duly affixed to any document on which it appears.
As amended by Act of 1981, No. 79, s. 3.
s. 4 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s. 5 3
4. First members. (1) (a) The first members of the Trust shall be such of the following persons as have not attained the age of 70 years at the commencement of this Act and who at that time are members of the body known as the Planning and Establishment Committee of the Queensland Cultural Centre:-
(i) the person who holds both the offices of Director oflndustrial Development and Chairman of the Queensland Theatre Company, who shall be Chairman;
(ii) the Under Treasurer;
(iii) the Director-General of Education;
(iv) the Deputy Chairman of the Public Service Board;
(v) the Deputy Co-ordinator-General;
(vi) the Director of Works;
(vii) a person representative of each of the statutory corporations specified in subparagraphs (a), (b) and (c) of the definition of that term;
(viii) a person representative of the Brisbane City Council;
(ix) a person representative of the body known as the Performing Arts Committee of the Queensland Cultural Centre.
(b) A body corporate or unincorporate that has a representative on the Trust as a first member may upon notification furnished to the Minister appoint another person to be its representative in the stead of the person who is its representative.
(2) A member referred to in subsection ( 1) shall hold office until the Trust as constituted under section 5 is to be taken to be established or until the expiration of 12 months from the commencement of this Act whichever is the earlier.
(3) (a) Where a casual vacancy occurs in the office of a member referred to in subsection (1), the Governor in Council may appoint a person to the vacant office on the recommendation of the Minister.
(b) The person so appointed shall hold office for the balance of his predecessor's term of office.
5. Subsequent members. (1) The Trust, other than as constituted pursuant to section 4, shall consist of such number of persons who have not attained the age of 70 years at the date of their appointment as the Governor in Council from time to time determines and appoints as members by notification published in the Gazette.
(2) The Trust as first constituted pursuant to this section shall be taken to be established on the date appointed by the Governor in Council by notification published in the Gazette.
(3) A member appointed pursuant to this section shall be appointed upon the recommendation of the Minister made after consultation with such persons, authorities, organizations and associations as the Minister thinks fit.
4 s.6 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s. 7
(4) Subject to this Act, the term of appointment of a member shall be three years.
(5) A member shall, if he is otherwise qualified, be eligible for reappointment as a member.
(6) The performance of the functions or the exercise of the powers of the Trust shall not be affected by reason only that there are vacancies in the membership of the Trust or that there is a defect in the appointment of a member at the material time.
6. Chairman and Deputy Chairman. ( 1) The Governor in Council, upon the recommendation of the Minister, shall appoint a member to be the Chairman of the Trust and another to be the Deputy Chairman of the Trust.
(2) A member appointed as the Chairman or Deputy Chairman shall hold office as such until the appointment of another member as the Chairman or Deputy Chairman or, as the case may be, until the expiration of the period of his appointment as member or until he otherwise ceases to be a member whichever first happens.
(3) The Chairman or Deputy Chairman may, by writing under his hand addressed to the Minister resign his office as the Chairman or Deputy Chairman.
(4) Where a member appointed as the Chairman or Deputy Chairman is, upon ceasing to be the Chairman or Deputy Chairman by virtue of the expiration of the period of his appointment as a member, reappointed as a member he is eligible for reappointment as the Chairman or Deputy Chairman.
(5) The Governor in Council may at any time remove the Chairman or Deputy Chairman from office as Chairman or, as the case may be, Deputy Chairman, if-
(a) he becomes incapable, in the opinion of the Governor in Council, of discharging the duties of his office;
(b) he is, in the opinion of the Governor in Council, incompetent or unfit to hold his office.
(6) The Chairman and Deputy· Chairman may be paid such remuneration as the Governor in Council fixes from time to time.
As amended by Act of 1981, No. 79, s. 4.
7. Vacation of office. (1) The office of a member shall become vacant if the member-
( a) dies;
(b) resigns his office by writing signed by him furnished to the Minister;
(c) is absent without prior leave granted by the Trust from three consecutive meetings of the Trust of which due notice has been given to him;
s. 8 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s. 9 5
(d) ceases to be qualified to be a member;
(e) is removed from office as a member by the Governor in Council; or
(f) attains the age of 70 years.
(2) The Governor in Council may at any time remove a member from office as member if-
(a) he becomes incapable, in the opinion of the Governor in Council, of discharging the duties of his office;
(b) he is, in the opinion of the Governor in Council, incompetent or unfit to hold office.
(3) A member who is directly or indirectly interested in a contract made or proposed to be made by the Trust (otherwise than as a shareholder, and in common with the other shareholders, of an incorporated company consisting of not less than 25 shareholders) shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Trust.
(4) A disclosure under subsection (3) shall be recorded in the minutes of the Trust and the member-
( a) shall not take part after the disclosure in any deliberation or decision of the Trust with respect to that contract; and (b) shall be disregarded for the purpose of constituting a quorum
of the Trust for that deliberation or decision.
8. Disqualification from office. A person who-
(a) is an undischarged bankrupt or takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors;
(b) has been convicted in Queensland of an indictable offence or elsewhere than in Queensland in respect of an act or omission that if done or made by him in Queensland would have constituted an indictable offence, unless the Minister is of the opinion that the circumstances of the offence do not warrant disqualification from office;
(c) is a patient within the meaning of the Mental Health Act 1974,
shall not be qualified to be or to continue as a member.
9. Allowances. (1) Subject to subsections (2) and (3), each member shall be paid such allowances, if any, as the Governor in Council fixes from time to time.
(2) An allowance shall not be paid by the Trust to a member who is an officer of the Public Service of Queensland for attendance at any meeting of the Trust held during ordinary office working hours of that officer.
6 s.IO QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s.l4
(3) If the Chairman or Deputy Chairman is paid remuneration under section 6 ( 6) he shall not be paid any allowances under subsection (1).
As amended by Act ofJ.981, No .. 79, s. 5.
10. Holders of office not affected by restrictive employment provisions.
A provision of any enactment requiring the holder of an office to devote the whole of his time to the duties of his office or prohibiting him from engaging in employment outside the duties of his office shall not operate to hinder his holding that office and also an appointment as member, Chairmam ·or TI>eputy Chairman of the Trust or, subject to section 9 (2), his acceptance and retention of any allowance payable under this Act.
11. Casual vacancies. (1) If a vacancy occurs in the office of a member before the expiration of his term of appointment the Governor in Council shall on the recommendation of the Minister made after consultation with such persons, authorities, organizations and associations as the Minister thinks fit, by notification published in the Gazette, appoint a person to fill that vacancy.
(2) A person appointed to fill a casual vacancy in the membership of the Trust shall be appointed for the balance of the term for which his predecessor was appointed and shall, if otherwise qualified, be eligible for reappointment.
12. Conduct of business. Subject to this Act, the Trust shall conduct its business and proceedings at meetings in such manner as it determines from time to time.
13. Quorum. (1) A quorum of the Trust shall be one-half of the number of members for the time being plus one.
· (2) A duly convened meeting of the Trust at which a quorum is present shall be competent to transact any business of the Trust and shall have and may exercise all the powers, authorities, functions and duties by this Act conferred or imposed upon the Trust.
14. Meetings. '{1) The Trust shall meet at such times and places as it determines.
(2) (a) The Chairman shall preside at each meeting of the Trust at which he is present and in his absence the Deputy Chairman if present shall preside.
(b) If both the Chairman and Deputy Chairman are absent from a meeting, a member elected at that meeting shall preside.
(c) A member elected to preside at a meeting shall, while he presides, have all the powers, Junctions and immunities of the Chairman.
(3) The Trust shall keep a record of its proceedings at meetings.
s.lS QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s.19 7 15. Conduct of affairs. (1) The Trust shall exercise or perform a power, authority, function or duty by a majority vote of its members present at the meeting and voting on the business in question.
(2) A member who, being present at a meeting and eligible to vote, abstains from voting shall be taken to have voted for the negative.
(3) The person presiding at a meeting of the Trust shall have a deliberative vote and, in the event of an equality of votes, a casting
vote. •
16. Common seal. (1) The common seal of the Trust shall be kept in the custody of the Chairman or such other member or the Director as the Trust may determine, and shall not be affixed to any document except by authority of a resolution of the Trust and in the presence of at least one member and the secretary of the Trust or such other person as the Trust may appoint for the purpose.
(2) The persons in whose presence the seal is affixed shall attest by their signatures the fact and the date of the seal being so affixed.
17. Delegation by Trust. (1) The Trust may either generally or in relation to a matter or class of matters by resolution delegate to not less than two members or to a member and the secretary of the Trust all or any of its powers, authorities, duties and functions under this Act (except this power of delegation and its powers in relation to the making of by-laws and its duty in relation to the annual adoption of a budget).
(2) A power, authority, duty or function so delegated may be exercised or performed by the delegates in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the exercise or performance of a power, authority, duty or function by the Trust.
(4) Notwithstanding anything in this Act, where the delegates are unanimous in the exercise or performance of any power, authority, duty or function delegated under subsection ( 1) the exercise or performance of that power, authority, duty or function by the delegates shall for the purposes of this Act or of any proceedings under this Act be deemed to be an exercise or performance of that power, authority, duty or function by the Trust.
18. Protection of members. A person is not liable for anything done or omitted in good faith by him as a member, in, or in connexion with the exercise of any power conferred or the performance of any duty imposed on the Trust by this Act or reasonably believed by that person to have been conferred or imposed by this Act.
19. Ownership of Centre. (1) Subject to subsection (2), the Trust shall be deemed for the purposes of this Act and of any action or proceeding in any court to be the absolute owner and occupier of the Centre.
8 s.l9A QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s. 21
(lA) The Trust in its management, control or dealing with the Centre and a statutory corporation, person or body who or which leases from the Trust any land or building or part thereof comprised in the Centre in his or its management, control or dealing with such land or building or part thereof shall not be subject to Part XI of the Land Act 1962-1981.
(2) Where the Trust lets or leases to any person land or buildings or any part of a building then for the purpose of any action or proceeding in any court it shall be deemed-
(a) in the case of an action or proceeding that relates to such land, the tenant shall be taken to be the occupier of such land;
(b) in the case of an action or proceeding that relates to the exterior of such building or to the interior structural parts of such building, the Trust shall be taken to be the occupier of such building or such part;
(c) in the case of an action or proceeding that relates to the interior of such building otherwise than is provided for in provision (b), the tenant shall be taken to be the occupier of such building or such part.
As amended by Act of 1981, No. 79, s 6.
19A. Power to reserve Crown land for purpose of constituting Centre.
The Governor in Council may, under section 334 of the Land Act 1962- 1981, reserve and set apart any Crown land which, in the opinion of the Governor in Council, is or may be required for the purpose of constituting the Centre.
Any land so reserved and set apart shall be placed under the control of the Trust as trustee.
The purposes of the Trust shall be deemed to be, and be deemed to have been on and from the commencement of this Act, public purposes within the meaning of the Land Act 1962-1981.
Inserted by Act of 1981, No. 79, s. 7.
20. Trust subject to direction of Minister. In the exercise and performance of its powers, authorities, duties and functions the Trust shall, except where it makes or is required to make a recommendation to the Minister, be subject to the general control and direction of the Minister.
21. Functions of Trust. The functions of the Trust are-
( a) to encourage and facilitate activities in artistic, scientific, cultural or performing arts throughout the State;
(b) to recommend to the Minister the buildings and other improvements that should be erected on the land comprised
s. 22 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s. 23 9
in the Centre and the location of the buildings and improvements;
(c) subject to the rights, powers or duties granted to or imposed upon an occupant (being a statutory corporation) of any land, building or part thereof comprised in the Centre by any other Act, to control and maintain in good order and condition and to improve the Centre;
(d) to maintain the provision to the buildings comprised in the Centre of such services and facilities as are from time to time connected to or supplied to the Centre.
22. Powers of Trust. (1) Subject to this Act the Trust has power to do all things necessary or convenient to be done in connexion with, or as incidental to, the carrying out of its functions.
(2) Without limiting the generality of subsection (1 ), and any other powers conferred upon the Trust by this Act other than this section, the powers of the Trust include power-
( a) to make and carry out such contracts, agreements or arrangements as are in its opinion necessary or desirable to enable it to properly perform its functions and duties or any of them;
(b) to let, lease or permit to be used land, buildings or other improvements comprised in the Centre to or by such persons or bodies as the Trust thinks fit and for such purposes as the Trust thinks fit notwithstanding that such purposes are not artistic, scientific, cultural or performing arts in nature;
(c) to provide or cause to be provided meals, refreshments or catering services in connexion with the use of any building comprised in the Centre;
(d) to authorize, on such terms as it thinks fit, any person to sell any wares within the Centre;
(e) to acquire any patents or licences which in the opinion of the Trust will assist it in exercising and performing its powers and may sell or otherwise dispose of those patents or licences;
(f) to give or contribute towards prizes in competitions designed to encourage activity in artistic, scientific, cultural or performing arts within the State or to make grants or give other assistance for those purposes;
(g) to provide or cause to be provided parking facilities at the Centre.
As amended by Act of 1981, No. 79, s. 8.
23. Director and Managers. ( 1) The Governor in Council may from time to time under and for the purposes of this Act appoint a Director and such assistants to the Director (to be called Managers) as he considers necessary.
10 s. 24 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s. 26
(2) The Director and Managers shall be so appointed on the recommendation of the members and, subject to subsection (3), shall hold office for such periods, respectively, as are fixed by the Governor in Council and shall be eligible for reappointment.
(3) An appointment or reappointment made pursuant to this section shall be for a period not exceeding seven years and any such appointee shall retire from office on attaining the age of 65 years notwithstanding that his then subsisting period of appointment has not expired.
(4) The salaries of the Director and Managers shall be at such rates as the Governor in Council fixes from time to time.
(5) The Director and Managers shall have and may exercise such powers, authorities, functions and duties as the Trust may designate for the purpose of enabling the Trust to function efficiently.
As amended by Act of 1981, No. 79, s. 9.
Section 10 of Act of 1981, No. 79 reads as follows:-
10. Saving. Any person who immediately prior to the passing of this Act holds the office of Assistant Director of the Queensland Cultural Centre Trust pursuant to section 23 of the Principal Act shall be deemed to be appointed to the office of Manager pursuant to that section as amended by this Act.
24. Officers and employees. (1) The Governor in Council may, under and subject to the provisions of the Public Service Act 1922-1973 appoint and employ a secretary and such other professional, technical and clerical officers as are necessary for the purposes of this Act.
(2) In addition to the officers appointed under subsection ( 1) the Director may, with the approval of the Trust, employ such and so many other persons as are necessary for the purpose of carrying out the objects of the Trust.
(3) Persons employed under subsection (2) shall be paid wages at the rate fixed by any industrial award or agreement applicable to their employment and if there is no such award or agreement at a rate fixed by the Public Service Board constituted under the Public Service Act 1922-1973.
25. Payment of moneys appropriated to Trust's purposes. The Treasurer shall pay to the Trust as the need arises such moneys as are from time to time appropriated by Parliament for the purposes of the Trust.
26. Financial statement, accounts and audit. ( 1) The Trust shall keep accurately such accounts, books and records as shall record and explain accurately all transactions, assets and liabilities.
(2) The Auditor-General or a person authorized by him shall at least once in each financial year audit the books and accounts of the Trust.
(3) The Auditor-General or person authorized by him shall have the right of access at all reasonable times to the accounts, books and
s. 27 QUEENSLAND CULTUAAL CENTRE TRUST ACT 1976-1981 s. 28 11
recouds of the Trust and may direct any member or employee of the Trust to make available copies of or extracts from those accounts, books and record:l;i'or to supply such information and explanations as he thinks fit for the purpose of the audit and the member or employee shall comply with a direction so given.
(4) (a) The Auditor-General shall, at least once in each financial year, report to the Trust the results of the audit carried out under subsection (2) and shall, if he thinks fit, make recommendations to'the Trust with respect to the conduct of the financial transactions of the Trust and< the manner of operating and maintaining its accounts.
(b) A copy of any report and recommendation made pursuant to paragraph (a) shall be furnished by the Auditor-General to the Minister.
(5) The Trust shall give due consideration to the report and recommendations, if any, of the Auditor-General made pursuant to subsection (4).
27. Budget of Trust. ( 1) As soon as practicable after the commencement of this Act the Trust shall adopt and present to the Minister a budget showing its estimatts of its revenue and expenditure in respect of the balance of the financial year in which the budget is presented and thereafter the Trust shall before the commencement of each succeeding financial year adopt and present to the Minister a budget showing its estimates of its revenue and expenditure in respect of that succeeding financial year.
(2) A budget of the Trust shall be of no force or effect until it is approved by the Minister.
(3) The Minister may amend a budget of the Trust in such a way as he thinks reasonable and shall amend it where necessary and in any item so that it shall as nearly as possible balance for the financial year to which it relates having regard to the sums that may be appropriated by Parliament to the Trust and to any other revenues reasonably expected by it for that financial year.
(4) When the Minister has approved of a budget of the Trust the budget as approved, whether or not it has been amended pursuant to subsection (3), shall be binding upon the Trust.
28. Observance of budget. (1) Subject to subsection (2), the Trust shall confine its disbursements throughout a financial year within the items and amounts contained in its budget for that financial year as approved by the Minister.
(2) If during any financial year it appears to the Trust that an extraordinary circumstance has arisen which requires that the Trust make a disbursement in that financial year that was not provided for in the budget (as approved) for that financial year or that exceeds the amount estimated in respect of that disbursement in the budget (as approved) for that financial year the Trust may make the disbursement
12 s. 29 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s. 32
or excess disbursement subject to the Trust's, prior to making such disbursement or excess disbursement-
(a) passing a resolution approving that the disbursement or excess disbursement be made; and
(b) ensuring that the budget as approved by the Minister will not then be exceeded in total by the disbursement or excess disbursement.
As amended by Act of 1981, No. 79, s. II
29. Power to borrow moneys. (1) The Trust may, with the consent of and upon conditions approved by the Treasurer, for the purpose of performing its functions and duties borrow moneys.
(2) The Trust shall be a local body under and within the meaning of the Local Bodies' Loans Guarantee Act 1923-1975 and the provisions of that Act shall, subject to such modifications as the Governor in Council prescribes (whether generally or in respect of a particular loan), apply and extend accordingly.
30. Annual report. The Trust shall as soon as practicable but not more than three months after the end of each financial year cause a report of its work and activities during the financial year in question to be prepared and forwarded to the Minister for presentation to Parliament.
31. Investment of moneys. (1) Any moneys held by the Trust may, until required by the Trust for the purposes of this Act, be invested in any investment authorized by the Trusts Act 1973 or upon security with an approved dealer or upon such other security or investment as the Treasurer approves.
(2) Every security or safe custody acknowledgement or other document evidencing title issued in respect of any investment shall be held by the Trust.
(3) For the purposes of this section the expression "approved dealer"
means a person who-
(a) is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and
(b) is approved by Order in Council.
(4) This section shall not apply to a gift, bequest or devise where the instrument creating the gift, bequest or devise directs expressly to the contrary.
32. Power to accept gifts. (1) The Trust may accept a gift (whether by devise, bequest or gift inter vivos) of-
(a) personalty, wherever situated (other than an interest in land that is personalty) whether or not it is subject to any trust or condition;
(b) land, wherever situated, that is not subject to any trust or condition.
s. 33 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s. 35 13
The Trust may, with the approval of the Minister first had and obtained, agree with the donor of land that the land shall be applied to a purpose for which the Trust is established under this Act.
(2) For the purposes of the application of the rule of law known as the rule against perpetuities to any gift to the Trust it shall be deemed that the purposes of the Trust are charitable purposes.
(3) Where the Trust accepts by way of devise, bequest or gift inter vivos any land, it shall as soon as practicable transfer and surrender that land to the Crown.
(4) Upon the transfer and surrender pursuant to subsection (3) the Crown shall reserve and set apart the land for the purposes of the Trust and including, if the case requires it, the purpose agreed to by the Trust and the donor of the land, and those purposes and that purpose shall be a public purpose within the meaning of the Land Act 1962-1975 and that land shall be Crown land.
33. Exemption from duties. Notwithstanding the provisions of any other Act or law-
(a) any instrument, agreement or contract executed or decree or order made whereby any property is transferred to the Trust shall be exempt from stamp duty;
(b) no gift or succession duty shall be payable in respect of any property given, devised or bequeathed to the Trust.
34. Branches. (1) The Trust either alone or by agreement or in conjunction with any other person or body may establish, maintain and control branches of the Trust within the State.
(2) An agreement between the Trust and any other person or body shall not be entered into for the purposes of this section unless the Governor in Council has first approved of the terms of the proposed agreement.
35. Liability for damage, etc., of property. (1) Any person who- (a) unlawfully removes from the possession of the Trust any
work of art, exhibit or chattel; or
(b) unlawfully damages, mutilates or destroys any work of art, exhibit or chattel in the possession of the Trust,
commits an offence against this Act and is liable to a penalty of $500.
(2) Without limiting or affecting any liability imposed on such person by subsection ( 1) or otherwise, that person shall be liable for and shall pay to the Trust the full amount of the value of the work of art, exhibit or chattel so damaged, mutilated, destroyed or removed which amount may be recovered in a summary way under the Justices Act 1886-1975.
Proceedings under this subsection may be taken by the Trust or by any person authorized in writing in that behalf either generally, or in a particular case, by the Trust.
14 s.36 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s.39
(3) Where any such damage, mutilation, destruction or removal constitutes an offence against subsection (1) or otherwise, and in any proceedings in respect thereof a person is convicted, the court convicting that person may in addition to imposing a penalty, order that person to pay to the Trust the full amount of the value of the work of art, exhibit or chattel damaged, mutilated, destroyed or removed, which amount shall be recoverable as if it were part of the penalty so imposed, notwithstanding that the total of the penalty and the amount exceeds the maximum penalty that may be imposed.
36. Reward for information. (1) Subject to the approval of the Governor in Council, the Trust may offer and pay a reward to any person who gives information to the Trust or any of its officers of the commission of an offence against this Act or of the damaging, mutilation, destruction or removal from the possession of the Trust of any work of art, exhibit or chattel in the possession of the Trust whether the damaging, mutilation, destruction or removal is an offence against this Act or not.
(2) Where proceedings are taken in any court-
(a) in respect of an offence that consists in the damagin~,
mutilation, destruction or removal of a work of art, exhibit or chattel in the possession of the Trust and a convicti<!>n is recorded; or
(b) for recovery of the full amount or a portion of the value of a work of art, exhibit or chattel referred to in provision (a) that is damaged, mutilated, destroyed or removed and an order for payment of such value or part thereof is made, the court may, in addition, order the person against whom the proceedings are taken to pay to the Trust the amount of any reward that the Trust has paid or is required to pay for information relating to the damaging, mutilation, destruction or removal and that amount shall be recoverable under the order so made.
37. Description of property in complaint. In any proceeding taken in respect of the stealing, damaging, mutilation or destruction of a work of art, exhibit or chattel in the possession of the Trust or in respect of the removal of any of the same from the possession of the Trust and in which proceeding it is material to prove ownership of the item in question it shall be sufficient to allege ownership of the item as being in the Trust.
38. General penalty. (1) A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and, save where a specific penalty is otherwise provided, is liable to a penalty of $500.
(2) All penalties recovered in respect of offences against this Act shall be paid to the Trust.
39. Proceedings generally. (1) An offence against this Act may be prosecuted in a summary way under the Justices Act 1886-1975 upon
s. 40 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s. 42 15
the complaint of the secretary of the Trust, or a person authorized by the Trust in that behalf.
(2) A prosecution for an offence against this Act may be commenced within one year from the time when the matter of complaint arose or within six months after the matter of complaint comes to the knowledge of the complainant whichever is the period later to expire.
40. Evidentiary provisions. In any proceeding for the purposes of this Act-
(a) a statement in a complaint commencing that proceeding of the date on which the matter of complaint came to the knowledge of the complainant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence thereof;
(b) proof shall not be required of the authority of any person to prosecute an offence against this Act or to take any proceeding on behalf of the Trust unless evidence is given to the contrary;
(c) proof shall not be required of the appointment of the secretary of the Trust or of any other officer appointed for the effectual administration of this Act or of the signature of the secretary.
41. Regulations. The Governor in Council may make regulations not inconsistent with this Act for or with respect to all matters required or permitted by this Act to be prescribed and all matters that, in the opinion of the Governor in Council, are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act.
42. By-laws. (1) The Trust may make by-laws not inconsistent with this Act with respect to-
(a) the general management and control of the Centre (other than land or a building or part thereof occupied by a statutory corporation);
(b) regulating the conduct of the proceedings of the Trust, including the times, places and conduct of its meetings;
(c) the management of the affairs of the Trust;
(d) the admission (including charges therefor) or exclusion or removal of the public or any person to or from the Centre of any part thereof (other than land or a building or part thereof occupied by a statutory corporation) or any part thereof or any other land, building or place of which the Trust has the management or control or any part thereof;
and
(e) generally for carrying out the purposes of this Act.
16 s.43 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s.43
(1A) Without limiting the generality of paragraph (e) of subsection (1), by-laws made pursuant to that paragraph-
(a) may provide that the owner of a vehicle shall be liable for the offence consisting of bringing onto or parking or standing on the Centre in breach of the Trust's by-laws whether or not he was in charge of the vehicle at the material time;
(b) may define the person who shall be taken to be the owner of a vehicle for the purposes of the by-law;
(c) may prescribe the proof necessary or sufficient to establish the owner's identity;
(d) may provide for the recovery of a penalty for an offence against the by-laws from the owner of the vehicle concerned as well as from the person in charge of the vehicle at the material time;
(e) may provide that the land comprised in the Centre or any part thereof to be specified with reasonable certainty shall be a public place within the meaning and for the purposes of any Act conferring or imposing upon members of the Police Force powers or duties with respect to public places or providing for the punishment of offences committed in public places, whereupon such land or part thereof shall be a public place accordingly.
(2) Any by-law made under paragraph (a) or (d) of subsection (1) with respect to any branch of the Trust shall be subject to any agreement with respect to that branch made under the provisions of section 34.
(3) The by-laws may impose a penalty for any breach thereof not exceeding $200.
(4) Section 28A of the Acts Interpretation Act 1954-1971 (Tabling of Regulations) shall apply with respect to by-laws made for the purposes of this Act and, for the purposes of such application, that section shall be read and construed as if references therein to regulations were references to by-laws made for the purposes of this Act.
Amended by Act of 1981, No. 79, s. 12.
43. Disposal of unclaimed and perishable property. (1) Subject to this section, where anything (whether animate or inanimate) is found on any land or in any building comprising the Centre and there are reasonable grounds for suspecting that the thing has been abandoned by the person who last used it and that is unclaimed within 4 months shall, where so directed by the Trust, be sold and disposed of by public auction and the proceeds of the sale less any costs incurred by the Trust in storing or selling the thing shall, unless claimed within 12 months, be paid into Consolidated Revenue.
(2) A sale of anything pursuant to subsection ( 1) shall be valid against all persons, and the person selling any such thing shall not be liable to pay any stamp or other duty in respect of the sale.
s. 43 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981 s. 43 17
(3) Before anything is sold pursuant to subsection (1), notice of the sale shall be published three several times in a newspaper circulating in the Brisbane district and, if the thing is not to be sold in Brisbane, in the district in which it is to be sold.
(4) Where anything specified in subsection (1) is a motor vehicle within the meaning of the Traffic Act 1949-1977 and the Trust considers that it has a value of less than $1 000, or in respect of any other thing so specified in that subsection that it has a value of less than $100 that vehicle or other thing may be disposed of in such manner as the Trust directs.
(5) Where the Trust considers that anything specified in subsection ( 1) is of a perishable nature or is unsaleable or, if it consists of food, it may in its discretion direct that it be delivered to the officer in charge of a benevolent institution for the benefit of its inmates or disposed of to a charitable purpose.
(6) Where the Trust considers that anything specified in subsection (1) is so perished, contaminated, deteriorated, dilapidated, worn, in disrepair or otherwise in such state or condition as to be dangerous or unfit for use for the purpose it was intended to be used or for any other purpose for which it is capable of being used, it may, in its discretion direct that it be destroyed.
Inserted by Act of 1981, No. 79, s. 13.
69858 (rtou9)-By Authority: S. R. HAMPSON. Government Printer, Queensland
INDEX
TO THE
QUEENSLAND CULTURAL CENTRE TRUST ACT 1976-1981
Act-
commencement of . short title of Annual report of the Trust Approved dealer-
meaning of term Auditor-General-
to audit the books of the Trust . . . .
A
to furnish copy of audit to the Minister . . . . to report to the Trust the results of the Trust.
Body corporate- Trust to be Branches of Trust Budget of Trust
observance of By-law-
meaning of term Trust may make
Casual vacancy in office of member Centre-
B
c
corporation who leases, not subject to Part XI of the Land Act 1962-1981 . . . . . . . . . . . . . . . . . . . Governor in Council may preserve crown land to be used for meaning of term
ownership of . . . . . . . . . proceedings in court if land leased Chairman-
Governor in Council may remove . . . . . . . . . . . Governor in Council to appoint upon recommendation of
Minister
meaning of term . . . . . . . . . . . . . . . . not to be hindered by restrictive employment provisions remuneration of
resignation by
to preside at meetings of Trust Commencement of Act . Common seal of Trust Constitution of Trust
s. l (2).
l (!).
30 3! (3) . 26 (2), (3) . 26 (5).
26 (4).
3 (2).
34 27 28 2 42
ll
!9 (lA) l9A
2
!9
!9 (2).
6 (5) . 6 2 ss. 6 (6), 9 (3) lO
s. 6 (3) .
!4 (2) l (2).
!6 3 (!).
Page
!2
!2 lO ll ll
2 13 II II
l
!5
6
4 4 l 6 4, 6 4 6
2
20
Delegation by Trust Deputy Chairman-
Governor in Council may appoint Governor in Council may remove may resign his office
INDEX
D
meaning of term . . . . . . . . . . . . . not to be hindered by restrictive employment provisions remuneration of
term of office of Director-
Governor in Council may appoint
may appoint employees to cany out functions of the Trust powers of
salary of
Disqualification from office as member Duties-
exemption by Trust from
Financial year- meaning of term Functions of Trust
Governor in Council- may appoint-
Directors and Managers member to fill a casual vacancy officers and employees subsequent members
F
G
may preserve land to be used to constitute centre may remove Chairman and Deputy Chairman may remove member
to appoint Chairman and Deputy Chairman to appoint day Trust is first constituted to fix allowances to be paid to members
Investment of moneys held by Trust
Managers-
Governor in Council may appoint powers of .
salary of Meaning of terms-
approved dealer by-laws centre ..
Chairman Deputy Chairman financial year member Minister
Queensland Cultural Centre . . . . Queensland Cultural Centre Trust statutory corporation
Trust Meetings of Trust
I
M
s. 17
ss.
s.
6 (I) 6 (5).
6 (3).
2 10
6 (6), 9 (3) 6 (2).
23 (1)-(3) 24 (2).
23 (5) . 23 (4)
33
21
23 (1)-(3) 4 (3) 24
5 (!) 19A
6 (5) 7 (2) 6 (I).
5 (2) . 9 (I).
31
23 (1)-(3) 23 (4).
23 (5) . 31 (3).
2 2 2 2 2 2 2 2 2 2 2 14
Page
4 4 4 I 6 4, 6 4 9 10 10 10
13
9 3 10 3 8 4 5 4 3 5
12
9 10 10 12 I I I I I I I 2 2 2 2
INDEX 21
Page Member-
allowances to s. 9 (I) . 5
casual vacancy in office of ll 6
disqualification from office 8 5
first-
appointment of 4 (l) ..
casual vacancy in office of 4 (3).
term of office of 4 (2).
Governor in Council may remove 7 (2).
meaning of term 2
not to be hindered by restrictive employment provisions 10
protection of 18
subsequent-
appointment 5 (l) 3
defect in the appointment 5 (6) 4
Minister to recommend 5 (3) . 3
reappointment of 5 (5) . 4
term of office of 5 (4) 4
to be Chairman and Deputy Chairm~~ . . . . . . 6 4
to recommend appointment of Directors and Managers 23 (2) lO
vacation of office of . . . . . . . . 7 4
who has interest in contract made by Trust 7 (3), (4) 5
Minister-
Auditor-General to give report of audit to 26 (4). ll
meaning of term 2 l
to approve of budget of Trust . . . . . . . 27 ll
to recommend appointment of member of Trust 5 (3) . 3
to recommend member to fill casual vacancy . ll 6
Trust subject to the direction of. 20 8
0
Offences-
for damages to property etc .. 35 13
general . . . . 38 14
prosecution for. 39 14
Officers and Employees-
Governor in Council may appoint 24 lO
p
Powers of Directors and Managers 23 (5) . lO
Powers of Trust-
to accept gifts 32 12
to borrow money 29 12
Proceedings-
evidentiary provisions in 40 15
for damages to property 35 13
generally 39 14
Q
Queensland Cultural Centre. See also Centre.
meaning of term
Queensland Cultural Centre Trust. See also Trust.
meaning of term 2
R
Regulations-
Governor in Council may make . 41 15
Reward for information re damage to property etc. 36 14
22
Seal-
Trust to have common Short title of Act Statutory corporation-
meaning of term
Treasurer-
may consent to the Trust borrowing money payment of moneys by, to Trust ..
to approve of security or investment Trust-
annual report by budget of
observance of . . . ..
Chairman and Deputy Chairman of . conduct of affairs of
conduct of business by
constitution of . . . . . . . courts to take notice of common seal deemed to be owner of Centre delegation by . . . . . . . disposal by, of unclaimed property functions of . . . . investment of moneys by liability for damage to property of may accept land
may establish branches may make by-laws . . . . . . may offer reward for information meaning of term
meetings of members of-
first-
appointment of . . . . casual vacancy in office of term of office of subsequent-
appointment and reappointment of
INDEX
s
T
not to pay allowance to member if a public servant ownership of property in proceedings
payment by Treasurer to power to accept gifts power to borrow money powers of generally . . . . protection of members of quorum of.. . . . . . . . subject to direction of Minister to be a body corporate to be exempt from duties
to keep common seal . . . . . . . . to keep record of proceedings at meetings to keep statements, accounts and audits
Unclaimed property- disposal of by Trust
Vacation of office of member
u
v
ss. 3 (4), 16 s. I (I)
29 25 31 30 27 28 6 15 12
3 (I) . 3 (4) 19 17 43 21 31 35
3 (3) . 34 42 36 2 14
4 (I).
4 (3) 4 (2) 5 9 (2).
37 25 32 29 22 18 13 20
3 (2).
33 16 14 (3).
26
43
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12 10 12 12 II II 4 7 6 2 2 7 7 15 8 12 13 2 13 15 14 2 6
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