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(1)

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©State of Queensland

(2)

QUEENSLAND

QUEENSLAND INSTITUTE OF MEDICAL RESEARCH ACT 1945-1981

[Reprinted as at I December, 1981]

Queensland Institute of Medical Research Act of 1945, 9 Geo. 6 No. 21 As amended by

Queensland Institute of Medical Research Act Amendment Act of 1963, No.8

Queensland Institute of Medical Research Act Amendment Act 1969, No. 29

Queensland Institute of Medical Research Act Amendment Act of 1975, No.14

Queensland Institute of Medical Research Act Amendment Act 1980, No.8 Commenced 21 June 1980 (Proc. pubd. Gaz. 21 June 1980, p. 1499).

Queensland Institute of Medical Research Act Amendment Act 1981, No. 36 An Act to Provide for the Establishment and Maintenance of an Institute

of Medical Research, and for other purposes.

[ASSENTED TO 1 NOVEMBER, 1945]

Preamble. WHEREAS it is considered that a system of research in medical science, particularly in relation to diseases peculiar to Queens- land, is an essential factor in and towards the betterment of the health and the general wellbeing of the people of this State:

AND WHEREAS for the purpose of providing for a system of such medical research on a sound basis it is desirable that an institute, called

"The Queensland Institute of Medical Research," should be established and maintained:

AND WHEREAS it is desirable that statutory approval should be given to the establishment and maintenance of this Institute, and that the necessary provisions, hereinafter set forth, should be enacted for such purpose-

Be it therefore enacted by the King'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:-

Preamble as amended by Act of 1963, No. 8, s. 2.

1. (1) Short title and construction. This Act may be cited as" The Queensland Institute of Medical Research Act of 1945," and shall be read and construed with "The Health Acts, 1937 to 1945," which Acts shall, mutatis mutandis, apply and extend with respect to this Act, and to the intent that the provisions of this Act shall be and be deemed to form part of"The Health Acts, 1937 to 1945."

(3)

2 ~s. Z, 3 QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981

(2) Commencement of Act. This Act shall, except where otherwise provided, come into operation on a date to be proclaimed by the Governor in Council by Proclamation in the Gazette. Such date shall hereinafter be referred to as the commencement of this Act.

Commenced 19 January 1946 (Proc. pubd. Gaz. 19 January 1946, p. 132).

Collective title conferred by Act of 1981, No. 36, s. 1 (3).

2. Interpretation. In this Act, unless the context otherwise indicates, the following terms have the meanings respectively assigned to them, that is to say:-

"Minister "-The Secretary for Health and Home Affairs or other Minister of the Crown for the time being administering this Act;

" Council "-The Council of The Queensland Institute of Medical Research constituted under this Act: the term also where necessary includes the chairman and any members of the Council;

" Director "-The Director of The Queensland Institute of Medical Research or other person for the time being performing the functions of the Director;

" Institute "-The Queensland Institute of Medical Research constituted under this Act;

" Trust "-The Queensland Institute of Medical Research Trust established and incorporated under this Act.

As amended by Act of 1980, No. 8, s. 3.

3. Establishment of The Queensland Institute of Medical Research.

(1) There shall be established The Queensland Institute of Medical Research, herein referred to as " the Institute."

(2) (i) The Institute is established for the purpose of research into any branch or branches of medical science.

(ii) Without in anywise limiting the generality and scope of paragraph (i) of this subsection, research may be had and made into all or any of the following matters, namely:-

(a) Queensland fevers, including "Q" fever, scrub typhus, leptospirosis;

(b) Lead poisoning, problems of diagnosis and after effects, and particularly as affecting the health and wellbeing of the children of the State;

(c) Virus diseases, presence of pathogenic viruses, particularly in relation to children;

(d) The effect on health of industrial processes and industrial diseases generally;

(e) The incidence of disease in relation to social and nutritional status;

(f) The incidence of disease in relation to geographical distrir•

and climatic influences in Queensland;

(4)

QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981 ss. 4, s (g) Certain tropical diseases in North Queensland.

And, moreover, the Institute shall have power to formulate an active programme of clinical research.

(3) The Institute shall be under the control and management of the Council.

( 4) The name of the Council shall be " The Council of The Queensland Institute of Medical Research."

(5) The Council shall be a body corporate under the name and style of" The Council of The Queensland Institute of Medical Research,"

and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued in its corporate name and of acquiring, holding, and disposing of property.

(6) All courts, judges, justices, and persons acting judicially shall take judicial notice of the seal of the Council affixed to any document or notice and shall presume that it was duly affixed.

4. Administration of Act. The administration of this Act shall be subject to the Minister.

5. Constitution of Council of The Queensland Institute of Medical Research. (I) For the purposes of this Act there is hereby constituted The Council of The Queensland Institute of Medical Research (hereinafter referred to as " the Council "), which Council shall and, notwithstanding anything to the contrary contained in this Act, be and be deemed to be so constituted from the date of the first appointment of the members thereof and shall consist of ten members as follows, viz.:-

(i) The Director-General of Health and Medical Services (or person for the time being acting as the Director-General), who shall be ex officio a member of the Council and shall be chairman thereof;

(ii) One member nominated by the Minister to represent the Government, who shall be appointed by the Governor in Council;

(iii) One member nominated by the Minister to represent the Department of Health and Home Affairs, who shall be appointed by the Governor in Council;

(iv) One member nominated by the Senate of the University of Queensland having regard to the advice of the Faculty of Medicine, who shall be appointed by the Governor in Council;

(v) One member nominated by the North Brisbane Hospitals Board, who shall be appointed by the Governor in Council;

(vi) One member nominated by the controlling body of the Mater Misericordiae Hospitals, who shall be appointed by the Governor in Council;

(vii) One member nominated by the Queensland Branch of the Australian Medical Association, who shall be appointed by the Governor in Council;

3

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s. 6 QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981

(viii) One member nominated by the South Brisbane Hospitals Board who shall be appointed by the Governor in Council;

(ix) One member nominated by The Royal Australasian College of Physicians who shall be appointed by the Governor in Council;

(x) One member nominated by the Royal Australasian College of Surgeons who shall be appointed by the Governor in Council.

(2) Deputy chairman. The Governor in Council shall from time to time appoint a member of the Council to be deputy chairman thereof.

(3) Term of office member. Subject to the other provisions of this Act, every member of the Council other than the chairman shall hold office for three years and be eligible for reappointment:

Provided that a member appointed to fill a casual vacancy shall hold office only for the balance of the term of his predecessor.

(4) Absence of chairman, &c. If for any reason the chairman is unable to carry out his duties, the deputy chairman shall act as chairman during the period of such inability; and if for any reason any other member of the Council is unable to carry out his duties, the Governor in Council may appoint some other person to act as a member during the period of such inability. Where the member unable to act was appointed after nomination, a similar nomination shall be required for the appointment of a member to act in his place.

( 5) Power of Governor in Council on failure of body to nominate.

If any of the nominating bodies mentioned in subsection one of this section, after being requested by the Minister to make any nomination necessary under the subsection one aforesaid, fail to do so within two months after receiving the request, the Governor in Council may appoint a person to the seat in respect of which the nomination is requested without any nomination.

(6) Council may be constituted on passing of this Act. The Council may be constituted on the passing of this Act.

6. When seat of member to become vacant. The seat of any member of the Council shall become vacant if he-

( a) Dies;

(b) Resigns;

(c) Absents himself without permission of the Council for more than four consecutive meetings of the Council;

(d) Is an uncertificated or undischarged bankrupt;

(e) Becomes a mentally sick person within the meaning of The Mental Hygiene Act of 1938;

(f) Is removed from his office by the Governor in Council for misbehaviour or incapacity;

(g) Ceases to hold any office or qualification which he is required to hold as a member of the Council;

{h) Becomes an officer or employee of the Council.

(6)

QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981 ss. 7-SA 5

7. (I) Quorum of Council. Any five members of the Council shall form a quorum for the transaction of the business of the Council.

(2) Appointment of chairman ·in case of absence of chairman and deputy chairman. In the case of the illness or absence of both the chairman and the deputy chairman the members. of the Council present at any meeting shall appoint one of its members to act as chairman. Any person acting as chairman shall while he so acts have all the powers, authorities, and responsibilities and shall perform all the duties of the chairman.

8. Meetings of Council. (I) The first meeting of the Council shall be convened by the Minister.

(2) Meetings thereafter of the Council shall be held at the times and places as determined by the Council:

Provided that the chairman sha:tl have power to convene special meetings of the Council.

(3) The business of the Council shall be conducted in such manner as the Council determines.

(4) The chairman shall preside at every meeting of the Council

at which he is present. ·

(5) Upon every question the chairman shall have a vote and if the members are equally divided he shall have a second or casting vote.

(6) The chairman shall give effect to any regulation, resolution, minute, or report which has been passed or adopted by the Council.

(7) The deputy chairman may act in the office of chairman during such time as the chairman is prevented by absence, illness, or otherwise from performing the duties of the office of chairman, or during such time as a vacancy exists in the office of chairman.

SA. Constitution of Trust. (1) There is hereby established a body under the name and style, Queensland Institute of Medical Research Trust.

(2) The Queensland Institute of Medical Research Trust is a body corporate and shall have perpetual succession and a common seal and, subject to this Act, shall be capable of-

62123-B

(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) property or an interest therein;

(d) doing and suffering all such other acts and things as bodies corporate may, in law, do and suffer.

(7)

6 ss. Sa-So QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981 (3) All courts and persons acting judicially shall take judicial notice of the official seal of the Trust and, until the contrary is proved, shall presume that it was duly affixed to any document on which it appears.

Inserted by Act of 1980, No. 8, s. 4.

88. Membership of Trust. (1) The Trust shall consist of five members, one of whom shall be the person referred to in subparagraph (ii) of section 5 (1) (who shall be chairman), appointed by the Governor in Council by notification published in the Gazette.

(2) The Trust shall be taken to be duly constituted upon the publication in the Gazette of notification of the first appointment of all the members of the Trust.

8C. Term of office of members of Trust. (1) Subject to this Act, the first appointed members of the Trust shall hold office from the date of their appointment until the expiration of the term of office of those persons who at that date hold office as members of the Council.

(2) Subject to this Act, subsequent members of the Trust shall be appointed for a term of three years.

(3) A member appointed to fill a casual vacancy shall, subject to this Act, hold office only for the balance of the term of his predecessor~

(4) In the absence of the chairman from a meeting of the Trust the Minister may appoint one of the other members or, failing such an

· appointment, the members present at the meeting may elect from their number one member to act as chairman.

The member so appointed or elected, while so acting, shall have all the powers of and be deemed to be chairman.

(5) If for any reason any member of the Trust, other than the chairman, is unable to carry out his duties, the ·Governor in Council may appoint some other person to act as a member during the period of such inability.

8D. When seat of member to become vacant. The seat of any member of the Trust shall become vacant if he-

( a) dies;

(b) resigns;

(c) absents himself without permission of the Trust for more than four consecutive meetings of the Trust;

(d) is made bankrupt or otherwise takes advantage of the laws relating to bankruptcy;

(e) becomes a patient within tbe 11,1eaning of the Mental Health Act 1974-1978;

(f) is removed from his office by the Governor in Council for misbehaviour or incapacity·;

(8)

QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981 ss. 8E-8r 7

(g) being the person referred to in subparagraph (ii) of section 5 (I) ceases to hold the office of member of the Council;

(h) becomes an officer or employee of the Council.

Inserted by Act of 1980, No. 8;s. 4.

8E. Quorum. Any three members of the Trust shall form a quorum for the transaction of the business of the Trust.

SF. Meetings of Trust. (I) The first meeting of the Trust shall be convened by the Minister.

(2) Meetings thereafter of the Trust shall be held at the times and places as determined by the Trust:

Provided that the chairman shall have power to convene special meetings of the Trust.

(3) The business of the Trust shall be conducted in such manner as the Trust determines.

(4) The chairman shall preside at every meeting of the Trust at which he is present.

(5) Upon every question the chairman shall have a vote and if the members are equally divided he shall have a second or casting vote.

(6) The chairman shall give effect to any resolution, minute or report which has been passed or adopted by the Trust.

Inserted by Act of 1980, No.8, s. 4.

8G. Allowances. (1) Subject to subsection (2), each member of the Trust shall be paid such allowances, if any, as are from time to time prescribed.

(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.

8H. Functions of Trust. The functions of the Trust are- ( a) to raise moneys for and on behalf of the Council;

(b) to invest moneys paid to it pursuant to section 15 (4) and moneys raised pursuant to subparagraph (a) for and on behalf of the Council;

(c) to re-pay any moneys paid to it pursuant to section 15 (4) when requested so to do by the Council;

(d) to pay to the Council, at such times as are agreed between it and the Council or in the absence of such agreement as are determined by the Minister, income received from investments made for and on behalf of the Council.

81. Accounts. The Trust shall cause proper accounts to be established and properly kept in accordance with this Act.

(9)

8 ss. SJ' 8K QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981

SJ. Annual financial statements. (l) The secretary to the Trust shall cause to be prepared and laid before the Trust before 31 August in each year annual statements of account and other financial and relevant information as is prescribed by the regulations, in the manner and form prescribed.

(2) Every statement of account referred to in subsection (I) shall be signed as correct by the chairman and secretary of the Trust and sealed with the seal of the Trust.

(3) Forthwith upon completion of the statements specified in subsection (1) the Trust shall lay the same and the accounts of the Trust (accompanied by proper vouchers in support thereof and all books, papers, writings and records of the Trust relating thereto) before the auditor appointed under this Act to examine the accounts of the Trust.

(4) Until the annual financial statements have been audited pursuant to section 8K and laid before the Legislative Assembly pursuant to section 20 no such statement shall be sold or made available to any person other than the Auditor-General or a person acting in aid of him, the Minister or a person acting in aid of him, or a member or officer of the Trust.

(5) When the annual financial statements have been audited and laid before the Legislative Assembly as specified in subsection (3) the Trust shall cause to be published in a newspaper circulating generally throughout the State a notice to the effect that such statements are open to inspection at the institute and that a copy thereof may be purchased by payment to the Trust of an amount specified, which may be fixed from time to time by resolution of the Trust.

8K. Audit of accounts. (1) The accounts of the Trust shall be audited by the Auditor-General or by an authorized officer within the meaning of the Financial Administration and Audit Act 1977-1978 directed by the

Auditor-G~neral, each of whom shall have, with respect to such audit and accounts all the powers and authorities conferred on him by that Act as if the Trust were a department of the Government of the State.

The fee payable by the Trust in respect of the audit shall be fixed by the Auditor-General.

(2) The Auditor-General shall certify whether the statements of account prepared on behalf of the Trust-

(a) are, where applicable, prepared in the form required by this Act;

(b) are in agreement with the accounts; and

(c) in his opinion fairly set out the financial transactions for the period to which they relate and show a true and fair view of the state of affairs at the close of that period on a basis consistent with that applied in respect of the financial year last preceding.

(10)

QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981 SS. 8L-8N 9

(3) The Auditor-General shall, at least once in each year, report to the Minister the results of each audit carried out pursuant to this section and shall, if he thinks fit, include with the report recommendations to the Minister or the chairman of the Trust with respect to the financial statements and the manner of operating and maintaining the accounts in question.

A copy of such report and recommendations (if. any) shall be furnished to the chairman of the Trust ..

The Minister or, as the case may be, the chairman of the Trust shall give due consideration to the report and the recommendations (if any) of the Auditor-General made pursuant to this subsection.

( 4) The Auditor-General shall include in his annual report to Parliament such matters with respect to the financial transactions of the Trust as he thinks fit:

Provided that if in the opinion of the Auditor-General the circumstances so warrant he may make an additional or special report to Parliament at any time.

(5) The report of the Auditor-General together with the accounts certified as aforesaid by him shall be submitted to the members of the Trust at the first ordinary meeting held after the report becomes available to the chairman of the Trust.

8L. Trust may use premises of CounciL The Trust is entitled to use free of charge the premises, office furniture and equipment of the Council to such extent and at such times as are agreed between it and the Council for the purpose of carrying out its functions or in the absence of such agreement as are determined by the Minister.

8M. Council's employees to serve Trust. The Council shall require and permit its employees to perform such services for the Trust as are sought by the Trust and are directed towards the proper carrying out of the Trust's functions.

The secretary to the Council shall be the secretary to the Trust.

8N. Trust Fund. (1) The Trust shall establish and maintain (in accordance with this Act) a Trust Fund.

(2). The Trust shall pay or cause to be paid into the Trust Fund- ( a) all moneys payable to it by the Council;

(b) all moneys paid to it by way of income from investments made for and on behalf of the Council;

(c) any other moneys received by it from any other source whatever.

(11)

10 ss. Bo-10 QLD. INST. OF Mt::DICAL RESEARCH ACT 1945-1981 (3) Moneys from time to time forming the Trust Fund shall be applied to-

(a) expenditure necessarily incurred by the Trust in the discharge of its functions;

(b) payment or the re-payment. in accordance with this Act of moneys from the fund to the Council;

(c) payment of member's allowances.

I~ by Act of 1980, No. 8, s. 4.

80. Tmst deemed to be sanctioned under Collections Act 1966-1917.

The functions of the Trust shall for the purposes of Part III of the Collections Act 1966-1977 and without other authority than this section be deemed to be sanctioned under that Act, but otherwise the provisions of that Act shall apply to the Trust and its functions according to their tenor.

8P. Term of office to continue. If at the expiration of the term of office of a member of the Council (other than the member ex officio) or the Trust his successor has not been duly appointed he shall hQld office as a member of the Council or, as the case may be, Trust until his successor takes up office as such.

8Q. Validity of proceedings. No act or proceeding of the Council or Trust shall be invalidated or prejudiced by reason only of the fact that at the time such act was done or proceeding taken or commenced there was a vacancy in the office of any member of the Council or, as

the case may be, Trust.

9. Council may carry out agreements. The Council is empowered to enter into and carry out agreements or arrangements within the purposes of this Act with the University of Queensland, the Brisbane and South Coast Hospitals Board and any other Hospitals Board constituted under

"The Hospitals Acts, 1936 to 1944," and the governing body of the Mater Misericordire Hbspital and any other hospital, the National Health and Medical Research Council of the Commonwealth Government, and such other bodies as the Council shall by resolution from time to time determine.

All such agreements and arrangements shall be subject to the approval of the Minister.

10. Director and Deputy Director of Institute. (l) There shall be a Director and a Deputy Director of the Institute.

(2) Every Director and every Deputy Director shall be appointed by the Governor in Council, having regard to the advice of the Council, and on such remuneration, terms, and conditions as are approved by the Governor in Council, having regard to the like advice.

(12)

QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981 s. 11 11

(3) Subject to good conduct and efficient service~ the Director shall be entitled to hold office for seven years as from the commencement of his appointment, but may be reappointed by the Governor in Council.

(4) The Director, subject to the direction of the Council, shall be responsible for the control and management of the staff of the Institute.

(5) Subject to the general direction of the Council, the Director shall be responsible for the research work carried out by the Institute.

(6) If for any reason the Director is, in the opinion of the Council, unable to carry out his duties as Director, the Deputy Director shall carry out the duties, and have all the powers and authorities of the Director, during the period of such inability.

11. Staff of Institute. (1) The Governor in Council may appoint a secretary to the Institute and such other professional, technical and clerical officers as he deems necessary to carry out the work of the Institute and for the effectual administration of this Act.

(2) Officers may be appointed without reference to a period of appointment or may be appointed for such period as is approved by the Governor in Council.

(3) Officers appointed without reference to a period of appointment shall be appointed and hold their respective offices under, subject to and in accordance with the Public Service Act 1922-1968.

(4) Officers appointed for a period shall, subject to any applicable award of any industrial court, commission, tribunal or authority, be appointed on such salary and on such terms and conditions as are approved by the Governor in Council and may be reappointed for a further period or further periods by the Governor in Council in his discretion.

(5) An officer of the Public Service who is appointed an officer for a period pursuant to this Act shall-

(a) subject to this Act, and where not inconsistent with the terms and conditions of his appointment as an officer for a period, continue to be subject to the provisions of the Public Service Act 1922-1968 and retain his rights, existing and accruing, thereunder whilst he continues to be an officer for a period pursuant to this Act;

(b) where he is at the time of appointment an officer within the meaning of the Public Service Superannuation Act 1958-1978 or the State Service Superannuation Act 1972-1978 contributing to the Public Service Superannuation Fund and whilst he continues to be an officer for a period pursuant to this Act, be deemed to continue to be employed as, and to be, an officer within the meaning of the Public Service Superannuation Act 1958-1978 or, as the case may be, the State Service Superannuation Act 1972-1978.

(13)

12 s. 11 QLD. I~ST. OF MEDICAL RESEARCH ACT 1945-1981 (6) An officer appointeq for a period pursuant to this Act who is not an officer of the Public Service at the time of appointment shall, unless the Governor in Council otherwise determines, be deemed to be an .. officer " within the meaning of and for the purposes of the Public Service Superannuation Act 1958-1978 or the State Service Superannuation Act 1972-1978.

(7) An officer appointed for a period pursuant to this Act may apply at any time to the Governor in Council to be exempted from any provisions of the Public Service Act 1922-1968, the Public Service Superannuation Act 1958-1978 or the State Service Superannuation Act 1972-1978 that apply to him, and the Governor in Council; on consideration of such application-

( a) may order that the officer be exempt from all or any of such provisions, whereupon he shall be so exempted to the extent ordered; or

(b) may refuse the application.

(8) The Governor in Council, in appointing a secretary to the Institute pursuant to subsection (1) of this section, may appoint as secretary an officer of the Department of Health who may hold such office in conjunction with and in addition to the office for the time being held by him in that Department, and nothing in this Act shall prejudice or in any way affect the application of the provisions of the Public Service Act 1922-1968 to such officer.

(9) Additionally to the officers appointed pursuant to this section, the Council may, with the approval of the Minister, from time to time employ such and so many employees as it deems necessary for the purposes of carrying out the functions of the Institute.

Employees pursuant to this subsection shall be paid such remuneration as, from time to time, is fixed by any applicable award or determination of any industrial court or tribunal or, in so far as there is no such award or determination, by the Council with the approval of the Public Service Board.

(10) Additionally to the officers appointed under subsection (1) and employees pursuant to subsection (9) the Council may appoint honorary research workers to carry out the functions of the Institute.

Any such worker during the term of his appointment may be designated in such style as the Council thinks fit having regard to the qualifications and experience of individual workers.

(11) While any honorary research worker or other appropriate prescribed person is actively engaged in the work of the institute and while doing anything incidental thereto, he shall be deemed to be a worker within the meaning of the Workers' Compensation Act 1916-1978 employed by the Council.

(12) The Council may in respect of an appropriate person confer a distinction on such person.

(14)

QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981 ss. 12-14 13

Any such distinction ·shall be conferred and held subject to any provisions which may be adopted by the Council by way of resolution.

Substituted by Act of 1963, No.8, s. 7; as amended by Act of 1969, No. 29, s. 2;

Act of 1980, No.8, s. 5.

ll. Power of Council 'to secure ~istance from Government departments. The Council may with the approval of the Governor in Council and on the recommendation of the Minister of the particular

·department concerned make use of the services of any officers employed in any department of the Public Service on any terms approved by the Governor in Council.

13. Trust Fond and financial provisions. (I) For the purpose of this Act there shall be a Trust Fund kept at the Treasury and known as " The Queensland Institute of Medical Research Trust Fund " (hereinafter referred to as " the Fund ").

(2) For the purpose of defraying the charges and expenses connected with the carrying on, management, and control of the Institute there shall be paid into the Fund out of Consolidated Revenue an amount appropriated by Parliament from time to time for the purpose;

(3) There shall also be paid into the Fund all fees and revenue earned by the Council and all other money received by the Council from any source for purposes of the Institute.

( 4) The Fund shall be applied by the Council in and for the purposes of this Act and in and towards the payment of all expenses necessarily incurred in carrying this Act into execution and in doing and performing any acts, matters, and things which the Council is by this Act empowered or required to do or perform.

14. Gifts, devises and bequests. (1) Any gift, devise or. bequest of real or personal property may be made by any person to the Council for the benefit or purposes of the Institute, and the Council may accept any such gift, devise or bequest and carry out and perform any trusts relating to the same:

Provided however that any such gift, devise or bequest made to the Council for a particular purpose or particular purposes of the Institute or subject to any trusts shall not be accepted by the Council without the prior approval of the Minister.

(2) Any such gift, devise or bequest shall be free from stamp duty, gift and succession duty.

(3) The acceptance by the Council, or the acceptance by the Council with the prior approval of the Minister, as the case may be, of any such gift, devise or bequest shall be a complete discharge to the person paying, conveying or transferring the same and such lastmentioned person shall not be obliged or concerned to see to the application thereof.

Substituted by Act of 1975, No. 14, s. 2.

(15)

14 s. 15 QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981

15. Requirements in respect of property given, devised or bequeathed and financial provisions generally. (1) Subject to this section, all the provisions of sections 21 to 25, both inclusive, of the Hospitals Act 1936-1971, so far as the same can be applied, shall be applicable in respect of the finance of the Institute.

(2) Separate records and accounts may, and, where so directed by a donor, settlor or testator, shall be kept in respect of all property the subject of any gift, devise or bequest mentioned in section 14 or derived therefrom.

(3) All property given, devised or bequeathed to the Council and accepted by it in accordance with the provisions of section 14-

(a) shall be applied by the Council in and for the particular purpose or purposes directed by the donor, settlor or testator, and, in the absence of such direction, in and for such purpose or purposes as shall be determined by the Minister;

(b) shall be known as and applied under such name or title as the donor, settlor or testator shall have directed or, in the absence of such direction, may be known and applied under such name or title as the Council may determine.

(4) Moneys accepted by the Council under section 14 or derived from any property so accepted by it shall, pending the application by the Council in and for the purpose or purposes directed or determined as aforesaid of those moneys and during any period during which such moneys are required to be invested under the trust relating to the same, be paid by the Council to the Trust.

The Trust may invest such moneys in investments directed by the donor, settlor or testator and, in the absence of such direction or failing such investment, in such one or more of the following ways as the Minister upon the advice of the Treasurer shall determine:-

(a) in or upon the .public stocks, funds, debentures or securities of the Government of Queensland;

(b) in real property or upon mortgage of real property situated in Queensland;

(c) in or upon the securities, stocks or shares of any public, municipal or local body or authority in Queensland;

(d) in or upon the securities, stocks or shares of any company incorporated or registered pursuant to any law of the Commonwealth or any State or Territory of the Commonwealth;

(e) in or upon any investments for the time being and from time to time authorized by law for the investment of trust moneys.

The Trust may invest moneys raised by it pursuant to subparagraph (a) of section 8H in such one or more of the ways specified in subparagraph (a), (b), (c), (d) or (e) of the preceding paragraph as the Minister upon the advice of the Treasurer shall determine.

(5) Where moneys have been invested by the Trust in accordance with the directions of a donor, settlor or testator the Trust may, subject to determination by the Minister upon the advice of the Treasurer, vary

(16)

QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981 ss. 16-19 15

and transpose such investments for or into others similarly so directed, and where moneys have been invested by the Trust in accordance with the determination of the Minister upon the advice of the Treasurer, the Trust may vary and transpose such investments for or into others similarly so determined in the first instance or from time to time.

(6) The provisions of this section shall apply to all gifts, devises and bequests of property made to the Council prior to the commencement of the Queensland Institute ofMedical Research Act Amendment Act 1980 to the extent that such provisions may reasonably be applied as well as to all gifts, devises and bequests made after such commencement.

Substituted by Act of 1975, No. 14, s. 3; as amended by Act of 1980, No.8, s. 6;

Act of 1981, No. 36, s. 2.

16. (1) Power of Governor in Council to grant use of premises to Institute. The Governor in Council may, subject to such terms and conditions as he thinks proper, grant the Council the right to use and occupy for the purposes of the Institute any land and buildings of the Crown.

(2) Grant of use of land and premises of State instrumentality or statutory authority to Institute. The Governor in Council or any statutory authority (including any local body within the meaning of "The Local Bodies Loans Guarantee Acts, 1923 to 1936") may, subject to such terms and conditions as he or it thinks proper, grant the Council the right to use for the purposes of the Institute any land, plant, or equipment or any other matter or thing under the control of any State instrumentality or statutory authority respectively.

17. Co-operation of Council, Hospitals Boards and Faculty of Medicine. The Council, all Hospitals Boards constituted under .

"The Hospitals Acts, 1936 to 1962," and the Faculty of Medicine within the University of Queensland shall co-operate for the purposes of research in medical science by them or any of them and in particular as respects the carrying out of investigations and procedures and the taking or doing of steps, matters or things required to be carried out, taken or done by any ofthem in respect of any such research, and, in the case of any such Hospitals Board, in affording officers of the Institute engaged in any such research access to patients and materials in any hospital of such Board as necessary or convenient for the purposes of such research.

Substituted by Act of 1963, No.·8, s. 8.

18. Discoveries and inventions. All discoveries, inventions, and improvements in processes, apparatus, and machines made by officers and employees shall be vested in the Council as its sole property and shall be made available under such conditions and payment of such fees or royalties or otherwise as the Governor in Council detetmines, or as may be prescribed, having regard to the advice of the Council.

19. Bonuses to discoverers. The Council may pay to successful discoverers or inventors working as officers and employees or under the auspices of the Council such bonuses as the Governor in Council determines.

(17)

16 ss. 20, 21 QLD. INST. OF MEDICAL RESEARCH ACT 1945-198'1

20. Annual report. (1) As early as convenient after the end of each financial year the Council and the Trust shall each furnish to the Minister a report on its operations during the year last preceding.

The reports shall include such statements and other financial and relevant information as may be prescribed, and in the case of the Trust, shall be accompanied by the certificate of the Auditor-General prescribed by section 8K.

(2) The Minister shall lay the reports before the Legislative Assembly-

( a) within 14 sitting days of his receipt of the report, if the Assembly is then sitting; or

(b) if the Assembly is not then sitting, within 14 sitting days after the commencement of its sittings next following his receipt of the report.

Substituted by Act of 1980, No. 8, s. 7.

21. (1) Governor in Council may make regulations. The Governor in Council, on the recommendation of the Council, may from time to time make such regulations providing for all or any purposes whether generally or to meet particular cases as may be convenient for the administration of this Act or as may be necessary or expedient to carry out the objects and purposes of this Act.

Without limiting the generality of the foregoing provisions, such regulations may provide for all or any of the following matters:-

(a) Matters necessary or convenient for the proper management of the Institute and for facilitating its work;

(b) Prescribing fees to be charged by the Council for work done;

(c) Protecting the Institute and the plant and equipment therein against damage, defilement, or loss;

(d) Publication or reporting of information relating to any matter investigated in the Institute;

(e) Matters required or permitted to be prescribed.

(2) Regulations may fix penalty. The regulations may fix a penalty not exceeding in any case twenty dollars for any breach thereof, to be recovered summarily.

(3) Regulations may be made on passing of Act. Regulations may be made on the passing of this Act.

(4) Regulations to be published in Gazette. All regulations made under this Act shall be published in the Gazette and shall upon such publication be judicially noticed.

(5) Regulations to be laid before Parliament. All such regulations shall be laid before Parliament within fourteen days if then sitting, and~

if not then sitting, within fourteen days after the commencement of the next ensuing session.

(18)

QLD. INST. OF MEDICAL RESEARCH ACT 1945-1981 s. 21 17

If Parliament, within the next fourteen sitting days after any such regulation has been so laid before it, resolves that such regulation ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such regulation or to the making of any new regulation.

For the purpose of this section the term " sitting days " shall mean days on which the House actually sits for the despatch of business.

Dedmal currency reference substituted pursuant to section 7 of Decimal Currency Act 1965.

62123-By Authority: S. R. HAMPSON, Government Printer, Queensland

(19)

(20)

INDEX

TO

QUEENSLAND INSTITUTE OF MEDICAL RESEARCH ACT 1945-1981

Act-administration of commencement of construction of short title ..

Administration of Act Auditor-General-

powers and duties of, re Trust

Commencement of Act Construction of Act ..

Council-

absence of chairman, etc.

A

c

and " the Fund " . . . . . . . . . . . . appointment of chairman in case of absence of chairman and

deputy chaifman

constitution of . . . . . . . . . . . . . . co-operation of, with Hospitals Boards, Faculty of Medicine deputy chairman of ..

discoveries and inventions ..

employees of, to serve Trust ..

judicial notice to be taken of seal of may accept gifts, devises and bequests may be constituted on passing of Act ..

may carry out agreements meaning of term meetings of members of

name of . . . . . . . . . . . . . . . . power of Governor in Council on failure of body to nominate power of, to secure assistance from Government departments quorum of . . . . . . . . . . . . requirements re property given, devised or bequested to term of office of membor of . . . . . . . . to be a body corporate . . . .

to control and manage Institute to furnish annual report ..

to pay bonuses to discoverers ..

trust may use premises of

validity of proceedings of . . . . when seat of members becomes vacant when term of office of member to continue

Deputy Director-

appointed by Governor in Council of Institute . . . . . . . . when to carry out duties etc., of Director Director-

appointed by Governor in Council meaning of term . . . . . . . . of Institute . . . . . . . ...

to be responsible for research work ..

to manage and control staff of Institute

D

s. 4 ..

I (2) 1 (I) 1 (I) 4 SS. 8J, 8K

s. 1 (2) 1 (1) 5 (4) 13 7 (2).

5 17 5 (2).

18 8M ..

3 (6) 14 5 (6).

9 2 8 5(1) 3 (4) 5 (5) 12

7 (1) 15 5 (3) 3 (5) 3 (3) 20 19 8L

8Q 6 8P

10 (2) 10 (I) 10 (6) 10 (2)

2 10 (1) 10 (5) 10 (4)

Page

3 2 1 1

8

2

4 13 5 3 15 4 15 9 3 13 4 10 2 5 3 3 4 13 5 14 4 3 3 16 15 9 10 4 10

10 10 II 10 2 10 ll II

(21)

20 INDEX

Discoveries and inventions- bonuses to be paid to discoverers vested in Council

Fund-

F

fees and revenue earned by the Council to be paid into moneys from Consolidated Revenue ..

shall be applied by the Council ..

to be established and kept at the Treasury

Gifts, devises and bequests Governor in Council-

G

may make regulations . . . .

power of, on failure of body to nominate ..

power of, to grant use of premises to Institute ..

to appoint Director and Deputy Director of Institute to appoint staff to Institute . . . . . . . .

Institute-

Deputy Director of Director of .•

establishment of . . . . . . • .

I

Governor in Council may appoint staff to . . . . . . grant of use of land and premises of State instrumentality

etc. to meaning of term ..

officers of . . . . . . . . . . . . . . . . power of Governor in Council to grant use of premises to ..

to be under control and management of Council

M

Meaning of terms- Council Director Institute Minister ..

" sitting days "

Trust Minister-

meaning of term

to administer Act . . . . . . to approve of agreements etc. of Council to convene first meeting of Council . . . . to convene first meeting of Trust . . . . to obtain annual reports from Trust and Council

Regulations-

Governor in Council may make may be made on passing of Act may fix penalty • • . . to be laid before Parliament to be published in Gazette

Short tit!"

"sitting days"-

meaning of term for the purposes of s. 21

R

s

s. 19 18

13 (3) 13 (2) 13 (4) 13 (I)

14 21 (I)

S (S) 16 (I) 10 (2) II (I)

10 10 II 3 (Ij.

16 (2) ll 2 16 (Ij.

3 (3)

2 2 2 2 21 2 2 4 9 8 o) ·

8F (I) 20

21 (I) 21 (3) 21 (1) 21 (S) 21 (4)

I (I) 21

Page 15 15

13

n 13 13

13 16 IS 4 10 11

10 10 II 2 IS

1 II IS 3

2 2 2 2 17 2 2 10 3 7 s

16

16 16 16 16 16

17

(22)

INDEX

T

The Council of The Queensland Institute of Medical Research.

See Council

The Queensland Institute of Medical Research. See Institute ..

The Queensland Institute of Medical Research Trust. See Trust The Queensland Institute of Medica I Research Trust Fund. See

Fund Trust-

accounts of . . . . allowances for members of annual financial statements of audit of accounts of constitution of . . . .

Council's employees to serve . . . . . . . . . . deemed to be sanctioned under the Collections Actl966-1977

functions of . . . .

judicial notice to be taken of seal of may use premises of Council meaning of term

meetings of membership of

quorum of . . . . . . . . . . . . requirements re property given, devised or bequested term of office of members of

to be body corporate . . . . . . to establish and maintain Trust Fund ..

to furnish annual report validity of proceedings of

what to pay into Trust Fund . . . . when seat of member to become vacant when term of office of member of, to continue Trust Fund-

moneys from, to be applied Trust to establish Trust to pay into

s. 81 8o 8J 8K 8A 8M 8o 8H ..

8A (3) 8L 2 8F 88 8E 15

8c ..

8A (2) 8N (I) 20 ..

8Q ..

8N (2) 8o ..

8p ..

8N (3) 8N (I) 8!'1 (2)

62123-By Authority: S. R. HAMP<;ON, Government Printer, Qucemland

21

Page

7 7 8 8 5 9 10 7 6 9 2 7 6 7 14 6 5 16 9 10 9 ti 10 Jt)

')

~