AUSTRALIAN INSTITUTE OF ANATOMY AGREEMENT ACT 1924
- Reprinted as at 31 July 1981 (HISTACT CHAP 170 #DATE 31:07:1981)
*1* The Australian Institute of Anatomy Agreement Act 1924 (a) as shown in this reprint comprises Act No. 49, 1924 as amended by the other Acts specified in the following table: ---------------------------------------------------------------------------- Application, saving Number Date Date of or transitional Act and year of Assent commencement provisions ---------------------------------------------------------------------------- Zoological Museum Agreement Act 1924 49, 1924 20 Oct 1924 20 Oct 1924 Australian Institute of Anatomy Agreement Act 1931 44, 1931 29 Oct 1931 20 Oct 1931 - Australian Institute of Anatomy Agreement Act 1933 12, 1933 24 July 1933 24 July 1933 - Administrative Changes (Consequential Provisions) Act 1978 36, 1978 12 June 1978 12 June 1978 S. 8 ---------------------------------------------------------------------------- (a) This citation is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976. AUSTRALIAN INSTITUTE OF ANATOMY AGREEMENT ACT 1924 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Australian Institute of Anatomy
3. Approval of Agreement
4. Agreements in relation to donations
THE SCHEDULE
Agreement
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AUSTRALIAN INSTITUTE OF ANATOMY AGREEMENT ACT 1924 - LONG TITLE
SECT
An Act to approve an Agreement made between the Commonwealth of Australia and
William Colin MacKenzie and for other purposes
AUSTRALIAN INSTITUTE OF ANATOMY AGREEMENT ACT 1924 - SECT. 1.
Short title
SECT
1. This Act may be cited as the Australian Institute of Anatomy Agreement
Act 1924.*1*
See notes to first article of this CHAPTER.
AUSTRALIAN INSTITUTE OF ANATOMY AGREEMENT ACT 1924 - SECT. 2.
Australian Institute of Anatomy
Sub-section (1) amended by No. 44, 1931, s. 2
SECT
2. (1) There shall be an Australian Institute of Anatomy.
Amended by No. 44, 1931, s. 2
SECT
(2) The Institute shall consist of the specimens and animals referred to in
clause one of the Agreement contained in the Schedule to this Act and of such
other specimens and animals as the Minister, from time to time, directs shall
be included in the Institute.
Amended by No. 44, 1931, s. 2
SECT
(3) The Institute shall be housed and kept at such place as the Minister,
from time to time, directs.
AUSTRALIAN INSTITUTE OF ANATOMY AGREEMENT ACT 1924 - SECT. 3.
Approval of Agreement
SECT
3. The Agreement made between the Commonwealth of Australia and William
Colin MacKenzie (a copy of which Agreement is set forth in the Schedule to
this Act) is approved.*2*
*2* S. 3 and Schedule-The Agreement approved by the Zoological Museum
Agreement
Act 1924 has been varied by an Agreement approved by the Australian Institute
of Anatomy Agreement Act 1931 which is published separately.
AUSTRALIAN INSTITUTE OF ANATOMY AGREEMENT ACT 1924 - SECT. 4.
Agreements in relation to donations
Added by No. 12, 1933, s. 2; amended by No. 36, 1978, s. 3
SECT
4. The Minister for Finance may enter into an Agreement in regard to any sum
of money which may be contributed for any purpose connected with the
Australian Institute of Anatomy, and may appoint one or more trustees to
secure the accomplishment of the purpose.
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AUSTRALIAN INSTITUTE OF ANATOMY AGREEMENT ACT 1924 - SCHEDULE*2*
SCH
THE SCHEDULE*2*
THIS INDENTURE made the second day of August One thousand nine hundred and
twenty-four BETWEEN THE COMMONWEALTH OF AUSTRALIA (hereinafter referred to as
''the Commonwealth'') and WILLIAM COLIN MACKENZIE OF 612 St. Kilda-road
Melbourne in the State of Victoria Doctor of Medicine (hereinafter called
''the
donor'')
Whereas the donor has during many years acquired from time to time and
brought together a large number of specimens of the fauna of Australia which
collection
is now housed in the premises of the donor situated at 612 St. Kilda-road
Melbourne in the said State
And whereas the donor has also brought together a number of Australian
animals which animals (with the exception of one Tasmanian Tiger or Wolf now
housed at
the Zoological Gardens at Melbourne aforesaid) are held in captivity by the
donor on certain land at Healesville in the said State occupied by the donor
by
permission of the State of Victoria
And whereas the donor is desirous that the said specimens and animals shall
be and remain available for the use of the Commonwealth for purposes of
reference
and scientific research and shall form the nucleus of a National Museum of
Australian Zoology
And whereas the donor is desirous of serving the Commonwealth as Director
of
the said Museum and the Commonwealth has agreed to appoint the donor as
Director aforesaid
NOW THIS INDENTURE WITNESSETH-
1. That in consideration of the premises the donor hereby gives assigns
transfers and conveys to the Commonwealth all his right title and interest in
and to-
(a) the said specimens which said specimens are more particularly
described
in the book intituled ''The Catalogue of the National Museum of Australian
Zoology'' (which said book is intended to form part and parcel of these
presents and has been attested for the purposes of identification by the
parties
executing these presents);
(b) the said animals including the Tasmanian Tiger or Wolf aforesaid; and
(c) all buildings fixtures and other erections erected affixed or set up
to
or upon the said land at Healesville aforesaid
to hold the same to the Commonwealth absolutely.
2. The donor covenants for himself his executors and administrators that
until the transfer of the said specimens and animals to the Territory for the
Seat of
Government of the Commonwealth or until the expiration of three years from
the
date hereof whichever event shall first happen the donor shall-
(a) safely house and exhibit the said specimens at his premises at 612 St.
Kilda-road aforesaid or at other premises approved for that purpose by the
Minister of State for Home and Territories of the Commonwealth free of rent
or
other charges to the Commonwealth;
(b) at the expense of the donor safely keep and properly maintain or cause
to be safely kept and properly maintained the said animals at the places at
which
same are now respectively confined.
3. The Commonwealth convenants with the donor as follows:
(a) That until the happening of the event mentioned in Clause 2 of this
Agreement which shall first happen the expense of keeping and maintaining the
said specimens (other than the expense to be borne by the donor as aforesaid)
shall be borne by the Commonwealth; and
(b) That after the happening of the event mentioned in Clause 2 of this
Agreement which shall first happen the whole of the expense of keeping and
maintaining the said specimens and the said animals shall be borne by the
Commonwealth.
4. The Commonwealth undertakes that it will reserve in the Territory for
the
Seat of Government of the Commonwealth a site or sites in its opinion
suitable
for the purposes of the said Museum and will after the transfer of the Seat
of
Government of the Commonwealth to the said Territory construct at its own
expense such buildings and other enclosures as in its opinion are necessary
or
desirable for the accommodation of the said Museum.
5. The expenses of transporting the said specimens and animals from the
premises in which the same are now respectively kept to the said site or
sites
shall be borne by the Commonwealth.
6. The Commonwealth covenants with the donor that the Commonwealth shall
appoint and shall (so long as the donor shall be physically and mentally
capable of performing and shall to the best of his ability duly and faithfully
perform
the duties from time to time allotted to him by the said Minister) retain the
donor as Director of the said Museum with the title of Professor of
Comparative
Anatomy.
7. The donor covenants with the Commonwealth that he will to the best of
his
ability duly and faithfully perform the duties allotted to him as Director of
the said Museum by the said Minister and will at all times permit to the
extent
to which he may be so required by the said Minister inspection by any person
or
persons of the said specimens and animals.
8. The Commonwealth agrees to pay to the donor so long as he is performing
the duties of Director of the said Museum such allowance for personal
expenses
incurred by him in connexion with the said Museum as may from time to time be
determined by the said Minister but not being less in any case than an
allowance at the rate of Six hundred pounds per annum.
9. It is mutually convenanted and declared by and between the parties
hereto-
(a) That although the specimens and animals are hereby transferred and
given
to the Commonwealth for the purpose of forming the nucleus of a National
Museum
of Australian Zoology the said specimens and animals are the property of the
Commonwealth absolutely and may be dealt with by the Commonwealth from time
to
time in such manner as it in its absolute discretion may determine;
(b) That this Agreement shall have no force or effect and shall not be
binding on the Commonwealth unless and until it is approved by the Parliament
of the Commonwealth.
In witness whereof the Minister of State for Home and Territories of the
Commonwealth for and on behalf of the Commonwealth and the said William Colin
MacKenzie have hereunto set their hands and seals the day and year first
hereinbefore written.
Signed sealed and delivered by the Right
Honourable George Foster Pearce P.C. the
Minister of State for Home and
Territories of the Commonwealth for and
on behalf of the Commonwealth in the
presence of-
J. F. MURPHY. G. F. PEARCE. (L.S.)
Signed sealed and delivered by the said
William Colin MacKenzie in the presence
of-
L. E. VAIL, Solicitor, Melbourne. WM. COLIN MacKENZIE. (L.S.)
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*2* S. 3 and Schedule-The Agreement approved by the Zoological Museum
Agreement
Act 1924 has been varied by an Agreement approved by the Australian Institute
of Anatomy Agreement Act 1931 which is published separately.<
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