Anzac Memorial (Building) Amendment Act 1934 (NSW)
ANZAC MEMORIAL (BUILDING)
AMENDMENT ACT.
Act No. 32, 1934.
An Act to vest in the Trustees of the Anzac Memorial Building the sole right to publish replicas, photographs, booklets, pamphlets and other like matter relating to the Anzac Memorial Building; to make further pro vision as to the care, control and management of the Anzac Memorial Building; to validate certain matters; to amend the Anzac Memorial (Building) Act, 1923; and for purposes connected therewith. [Assented to, 9th November, 1934.]
| BE it enacted by the King 's Most Excellent Majesty, lative Council and Legislative Assembly of New South b y and with the advice and consent of t he Legis | Wales in Par l iament assembled, and by the author i ty of |
| the same, as follows :— | |
| 1. (1) This Act may be cited as the " Anzac Memorial (Building) Amendment Act, 1934." | |
| (2) The Anzac Memorial (Building) Act, 1923, is in this Act re fe r red to as the Pr inc ipa l Act. | |
| (3) The Pr inc ipa l Act, as amended by this Act, may be cited as the Anzac Memorial (Bui lding) Act. 1923- 1934. |
(a) by omit t ing section seven and by inser t ing in lieu thereof the following new section :—
7. (1) The t rus tees shall hold the said fund
and any fur ther sums which may be acquired by
them as t rus tees upon t ru s t to apply the same inor
| 2 . | (1) | The Pr inc ipa l Act is amended— |
or towards the erection of a suitable memorial building for the use, benefit, rest or recreation of returned sailors, soldiers and nurses and the equipment, upkeep, maintenance and manage ment thereof or otherwise, for the purposes provided for in this Act.
(2) The site of the memorial building shall be in the City of Sydney upon the land comprised in the Schedule to this Act dedicated for a war memorial under section twenty-five of the Crown Lands Consolidation Act, 1913, by notification in the Gazette number three of the ninth day of January, one thousand nine hundred and thirty-
one.
(b)
by inserting next after section nine the following Schedule:—
S C H E D U L E .
DESCRIPTION of an area of 3G 4/10th perches, being part of
an area of about 40 acres at Sydney, dedicated 3rd Hay, 1878, for Public Recreation and known as Hyde Park, the dedication of which part was revoked, and
which part was rededicated for War Memorial by
notification in the Gazette No. 3 of 9th January, 1931,
p. 117.
All that piece or parcel of land situate in the parish of
Saint Lawrence, county of Cumberland, and State of New
South Wales, containing an area of 36 4/10th perches or
thereabouts-: Commencing at a point bearing 41 degrees 39 minutes 20 seconds 497 feet 81/4 inches from the inter
section of the prolongations of the existing kerbs on theeastern side of Elizabeth-street and the north-western side of Liverpool-street; and bounded thence by lines bearing 359 degrees 16 minutes 9 inches, 269 degrees 16 minutes 5 feet 6 inches, 359 degrees 16 minutes 15 feet, 269 degrees
16 minutes 7 feet, 359 degrees 16 minutes 16 feet 11 inches, 269 degrees 16 minutes 9 feet, 359 degrees 16 minutes 4 feet 6 inches, 89 degrees 16 minutes 3 inches, 359 degrees 16 minutes 32 feet, 269 degrees 16 minutes 3 inches, 359 degrees 16 minutes 4 feet 6 inches, 89 degrees 16 minutes 9 feet, 359 degrees 16 minutes 16 feet 11 inches, 89 degrees 16 minutes 7 feet, 359 degrees 16 minutes 15 feet, 89
degrees 16 minutes 5 feet 6 inches, 359 degrees 16 minutes 9 inches; thence by an arc 76 feet 21/4 inches of a semi circle on the northern side of a diameter bearing 89 degrees 16 minutes 48 feet 6 inches; thence by lines bearing 179 degrees 16 minutes 9 inches, 89 degrees 16 minutes 5 feet 6 inches, 179 degrees 16 minutes 15 feet, 89 degrees 16 minutes 7 feet, 179 degrees 16 minutes 16 feet 11 inches,
89 degrees 16 minutes 9 feet, 179 degrees 1G minutes 4 feet 6 inches, 2G9 degrees 16 minutes 3 inches, 179 degrees 16 minutes 32 feet, 89 degrees 16 minutes 3 inches, 179 degrees 16 minutes 4 feet 6 inches, 269 degrees 16 minutes 9 feet, 179 degrees 16 minutes 16 feet 11 inches, 269 degrees 16 minutes 7 feet, 179 degrees 16 minutes 15 feet, 269 degrees 16 minutes 5 feet 6 inches, 179 degrees 16 minutes 9 inches; and thence by an arc 76 feet 2i inches of a semi-circle on the southern side of a diameter bearing 269 degrees 16 minutes 48 feet 6 inches, to the point of commencement.
(2) The actions of the t rus tees in act ing as though
t h e law had been in accordance with the amendment made
try subsection one of this section a re hereby val idated.
| 3 . | The Pr inc ipa l Act is fur ther | amended— |
(a)
by inserting next after section eight the follow ing new sect ions:—
8A. (1) The t rus tees—
(a) shall be responsible for the completion, care, management , maintenance and preserva t ion of the memoria l building, and for the care, management , mainten ance and improvement of the land dedicated as a site for such bui ld ing; (b) may to the exclusion of all other (i) provide and sell;
(ii) author ise the manufac ture , pr in t
ing, publishing, and sale of
replicas, pho tographs , booklets, pam phlets and other like ma t t e r re la t ing to the memoria l bui lding; and
(c) may receive moneys by way of—
(i)
collections or donations for the completion of the memoria l build ing and for the care, management , maintenance, p reserva t ion or im provement of the memoria l build ing or of the site thereof;
(ii)
proceeds of sales by the trustees of replicas, pho tographs , booklets, pamphle ts and other like m a t t e r
re la t ing to the memoria l bui ld ing; (iii)
(iii) fees for authorities granted by the
t rus tees for the manufacture , p r in t ing , publishing and sale of such replicas, photographs , book lets, pamphle ts , and other like mat te r ,
for the funds of the t rus tees .
(2) Any moneys received by the t rus tees p u r s u a n t to p a r a g r a p h (c) of subsection one of th is section shall be available only for the pur poses of ca r ry ing into effect the powers a n d dut ies of the t rus tees under this Act.
8B. Any person who, except with the au thor i ty in wr i t ing of the t rus tees , manufac tures , p r in t s , publishes or sells, or author ises the manufacture , p r in t ing , publ ishing or sale of any replicas, pho tographs , booklets, pamphle ts or other like m a t t e r re la t ing to the memorial building shall be liable to a penal ty not exceeding ten p o u n d s :P rov ided tha t this section shall not render l iable—
(a)
any person who prints or publishes any such pho tograph unless he knows tha t such pho tograph is to be used for the purposes of adver t i sement or to be sold; or
(b)
any p ropr ie to r , p r in t e r or publisher of a newspaper for the pr in t ing , publish ing o r sale of a newspaper containing pho tographs or other ma t t e r re la t ing to the memoria l building.
(b) (i) by inser t ing in subsection one of section nine
Act, for the protect ion of any s t ruc ture " the land described in the Schedule to this after the words " building, and " the words thereupon, for the removal of t r e spasse r s and other persons loi ter ing upon or causing annoyance or inconvenience upon the said land and ' ' ; (ii) by inserting at the end of the same section the following new subsections :—
(4) The whole amount of all such penal
ties shall be pa id to the t rus tees to bo
appl ied by them for the purposes of th is
Act . (5)
(5) The trustees or an officer appointed by them may call in the aid of the police for the removal by force if necessary of any person who is found committing a breach of any by-law or who is loitering upon the land described in the Schedule to this Act or who by disorderly or insulting conduct upon or in the immediate neighbourhood of such land causes annoyance or inconvenience to persons being on the said land or going to or coming from the same.
| (c) | by inserting next after section nine the following new section:— |
10. Nothing in this Act shall prevent any prosecution or proceeding under any other Act, by-law or regulation but no person shall be twice punished or proceeded against in respect of the same offence.
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