Araluen Arts And Cultural Trust Act Repeal Act (NT)
NORTHERN TERRITORY OF AUSTRALIA
ARALUEN ARTS AND CULTURAL TRUST ACT REPEAL ACT 1986
As in force at 1 January 1987
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Repeal
4. Definitions
5. Property, &c., of trust transferred to Council
6. Function performed outside municipality
7. Rule against perpetuities, &c., not to apply
8. Territory to indemnify Council
9. No duty or fee payable
10. Dissolution of trust
Notes
NORTHERN TERRITORY OF AUSTRALIA
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This reprint shows the Act as in force at 1 January 1987. Any amendments that may come into operation after that date are not included.
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ARALUEN ARTS AND CULTURAL TRUST ACT REPEAL ACT 1986
An Act to repeal the Araluen Arts and Cultural Trust Act, to make other provision for the control and management of the Araluen Arts and Cultural Centre and for related purposes
Short title
This Act may be cited as the Araluen Arts and Cultural Trust Act Repeal Act 1986. (See back note 1)
Commencement
This Act shall come into operation on 1 January 1987.
Repeal
The Araluen Arts and Cultural Trust Act 1979, being Act No. 91 of 1979, is repealed.
Definitions
In this Act –
"accepted Trust property" means property accepted by the Trust pursuant to section 21(1) of the Repealed Act and held by it for the purposes for which it was accepted;
"Centre" means the Araluen Arts and Cultural Centre, and includes all works and conveniences incidental to or necessary for the Araluen Arts and Cultural Centre including, without limiting the generality of the expression, all plazas, walks, parks, open spaces, roads and car parks connected with or comprised in the Araluen Arts and Cultural Centre;
"Chairman" means the Chairman of the Trust;
"Council" means the Council of the Municipality of Alice Springs;
"Repealed Act" means the Act repealed by section 3;
"Trust" means the Araluen Arts and Cultural Trust established by section 4 of the Repealed Act.
Property, &c., of trust transferred to Council
(1) As from the commencement of this Act, the Council is charged with the responsibility for the care, control, management, maintenance and improvement of the Centre and of all things necessary for or incidental and ancillary to such care, control, management, maintenance and improvement.
(2) All property and rights vested in the Trust, whether as trustee or otherwise, immediately before the commencement of this Act is and are, by virtue of this section and without further assurance, vested in the Council, and the Council has such powers as are necessary to take possession of, recover and deal with such property and enforce such rights.
(3) All agreements (other than contracts of employment) in force immediately before the commencement of this Act to which the Trust was a party or which affect the Trust, and whether or not the rights, liabilities and obligations under the agreements could be assigned, shall have effect as if the Council were a party to or affected by the agreements instead of the Trust and as if, in relation to anything to be done on or after that commencement, for every reference (however worded and whether expressed or implied) in the agreements –
(a)to the Trust, there were substituted a reference to the Council; and
(b)to the Chairman, there were substituted a reference to the Clerk of the Council.
Function performed outside municipality
Where the performance of a function of the Council in relation to –
(a)the Centre; or
(b)any property or right vested in the Council or an agreement to which the Council is made a party, under section 5,
would take place outside the Municipality of Alice Springs and would, except for this section, require the consent of the Minister under section 86 of the Local Government Act, then, if the performance of the function would be within the Alice Springs Region as declared under section 17(2) of the Repealed Act, that consent shall be deemed to have been given without specific reference to the Minister.
Rule against perpetuities, &c., not to apply
For the avoidance of doubt the rules of law commonly known as –
(a)the rule against perpetuities; and
(b)the rule against accumulations,
to the extent that they are part of the law in force in the Territory, are declared not apply to or in relation to any accepted Trust property where the property is dealt with by the Council under section 94(2) of the Local Government Act in a manner consistent with any trust or purpose impressed on the property.
Territory to indemnify Council
The Territory shall indemnify the Council, and keep the Council indemnified, against all actions, claims or demands brought or made against the Council in relation to an act done or omitted to be done by or on behalf of the Trust before the commencement of this Act, being actions, claims or demands that, but for this Act, could be brought or made against the Trust.
No duty or fee payable
Neither the Trust nor the Council is liable for a duty, fee or other charge in relation to the transfer or vesting of property transferred to or vested in the Council under this Act.
Dissolution of trust
(1) The Chairman shall, before 1 March 1987, dispose of the records, accounts and common seal of the Trust as agreed with or directed by the Minister.
(2) The body corporate of the Trust is dissolved on 1 March 1987.
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Notes
The Araluen Arts and Cultural Trust Act Repeal Act comprises the Araluen Arts and Cultural Trust Act Repeal Act 1986 and amendments made by other legislation, the details of which are specified in the following table:
| Act | Number and | Date of assent by Administrator | Date of commencement |
| Araluen Arts and Cultural Trust Act Repeal Act 1986 | No. 58, 1986 | 19 Dec 1986 | 1 Jan 1987 (a) |
(a) See section 2.
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