Act No. 61, 1902.
An Act to consolidate the enactments relating to the incorporation and endowment of the Australian Museum. [4th September, 1902.]
| BE | t h e advice and consent of t he Legis la t ive Council and | Legis la t ive |
| it | enacted by t h e K i n g ' s Mos t Exce l l en t Majes ty , by and | wi th |
| Assembly of N e w | South Wales in P a r l i a m e n t assembled, and by the |
au thor i ty of the same, as follows : —
| 1. This A c t | may | be cited as t he | " Aus t r a l i an M u s e u m | Act , |
1902 . "
| 2 . ( 1 ) The | A c t | seventeen | Victoria n u m b e r | two | is | hereby |
repealed.
| (2) | (a) | Al l t rustees appointed or elected under the au thor i ty |
of the Ac t hereby repealed, and holding office a t the t ime of the passing of this Act , shal l be deemed to have been appointed or elected hereunder .
(b) Al l by-laws, rules, and orders made under tin;
| au thor i ty of the Ac t hereby repealed and in force a t t he t ime of | t he |
| pass ing of th is Act , shall be deemed to have been made hereunder . |
| (c) The Board const i tu ted and incorporated u n d e r | the |
au thor i ty of t he A c t hereby repealed, shall cont inue , and shal l be
deemed to have been const i tu ted and incorporated hereunder .
| 3. | In th i s Act , unless t he contex t or subjec t -mat te r | otherwise |
| indicates or | requ i res ,— |
| ' ' T h e | B o a r d " | means t he board of t rus tees directed to be | cons t i tu ted |
and incorporated hereunder .
4 . (1) A board of t rustees composed as hereinaf ter ment ioned
shall be a n d is hereby const i tu ted a body corporate unde r t h e n a m e of " The Trustees of the Aus t ra l i an M u s e u m , " by which n a m e such body corporate shal l have perpetua l succession and a common seal.
| (2) | The Board m a y in t h e said n a m e — |
| (a) | sue and be sued in all cour ts of N e w South W a l e s ; |
| (b) | take, purchase, and hold to it and its successors all goods, |
| cha t te ls , and | personal | p roper ty | whatsoever , | c i ther | now | |
deposited wi th in the precincts of t he Aus t ra l ian M u s e u m or hereafter to be acquired by gift, bequest , purchase , or exchange , and may also take , purchase , and hold to i t and its successors not only such lands, bui ld ings , he red i t aments , and possessions as are from t ime to t i m e exclusively used and occupied for t he immedia te requ i rements of t h e said M u s e u m , b u t also any other lands, bu i ld ings , he red i taments ,
| and possessions whatsoever | s i tuate in N e w South W a l e s .or | |
| |
| (c) | grant, demise, alienate, and otherwise dispose of all or any |
| of | t he | proper ty , | real | or personal , hereinbefore | m e n t i o n e d : | |
| P rov ided | t h a t | t he | Board | shal l n o t a l ienate , mor tgage , | charge , | |
or demise any lands, t enemen t s , or he red i t aments to w h i c h it becomes ent i t led by gran t , purchase , or otherwise, un less w i t h t h e approval of t h e Governor , except by way of lease for any t e r m no t exceeding th i r ty -one years from the t ime w h e n such lease is made , in and by which the re shall be reserved and m a d e payable to t he Board for the uses of t h e said M u s e u m d u r i n g the whole of t h e t e rm the reby g ran ted
| t h e best | year ly r e n t t h a t can be reasonably obta ined | for | t h e | |
| same wi thou t a n y fine or foregi f t ; | and | |
| (d) | | do all o ther m a t t e r s a n d th ings | inc identa l to or | appe r t a in ing | |
to a body corporate .
5. (1) The Board shall consist of twenty-four trustees. (2) Of such t rus tees twelve shal l be called Official Trus tees ,
and shall consist of—
| (a) | a t rus tee to be n a m e d by the Governor, and to be called | t h e |
| (b) t he following publ ic officers, namely , t he Chief | Jus t i ce , |
| t he | Colonial | Secretary, t h e At to rney-Genera l , | t h e | Colonial |
Treasurer , t h e Audi to r -Genera l , and t h e Pres iden t of t h e N e w South Wales Medica l Board, or should any such office cease to exist , t h e n such o ther officer as t he Governor n a m e s
(c) such five o ther officers as t h e Governor names for t he purpose.
| (3) | The o ther twelve t rus tees shall be called elective t rus tees , |
and shall consist of such persons as are deemed to have been or are
| hereafter | appoin ted or elected u n d e r t h e au tho r i t y | of | this | Ac t . |
6. (1) Al l vacancies which occur by dea th , resignat ion, or o ther
wise a m o n g the elective t rus tees shal l be rilled u p as they occur b y t h e | election of such o ther fit and proper persons as t he r emain ing members |
| of t h e Board a t meet ings duly to be convened for t h a t purpose elect to |
| fill u p such vacancies. |
| (2) N o elective t rus tee shal l be l iable to have his office vacated otherwise t h a n by dea th or res ignat ion, excep t for such cause as has been previously specified by some by-law of t h e Board du ly passed as hereinafter ment ioned . |
| 7 . A t every m e e t i n g of t h e Board five t rus tees shal l form | a |
quorum, a n d all quest ions shal l be decided by t h e major i ty of votes of t h e t rus tees present , a n d in case of an equa l i ty of votes t he c h a i r m a n chosen to ac t on t he occasion shall have a n addi t ional or cas t ing-vote .
8 . The Board may appoin t all officers a n d servants of t h e said
| M u s e u m , | a n d | shal l | have | t h e | en t i re | m a n a g e m e n t | a n d | super in tendence |
of
| of t h e affairs, concerns, and proper ty of t he said M u s e u m , and in | all |
| cases no t provided for by th is A c t m a y ac t in such | m a n n e r as appears |
to it host calculated to advance t h e objects of t he ins t i tu t ion .
| 9. (1) The Board m a y m a k e such by-laws, rules, and orders conce rn ing the m a n a g e m e n t | and good government of | t he | said | M u s e u m , |
| and t h e income and | proper ty thereof, and any other m a t t e r or | t h i n g |
| r e l a t ing to | t h e | same | as it | deems fit | for | t h e effectual | a t t a i n m e n t of |
| t h e | objects | of t h e | ins t i tu t ion , | t h e | securi ty of i ts p roper ty , and | the |
| admin i s t r a t ion | of | i ts | concerns . |
(2) Such by-laws, rules , and orders shall on confirmation by
the Governor have t h e force of law.
| (3) | Such by- laws, rules , and orders shall , wi th in one | m o n t h |
| af ter t h e confirmation thereof, be publ i shed in t h e Gazet te , and | be |
| laid before | bo th Houses of | Pa r l i amen t , if | Pa r l i amen t | is t h e n | s i t t ing, |
| or if no t , t h e n w i th in one m o n t h after | the commencemen t of the | n e x t |
| ensu ing session thereof. |
1 0 . T h e Board shal l once a t least in every year, and also when
ever t he Governor so directs, r epor t its proceedings a n d t h e progress of t he said ins t i tu t ion to t he Governor, and a copy of every such report shall be laid before bo th Houses of Pa r l i amen t wi th in one m o n t h after
| t h e | same | is received, if | Pa r l i amen t | is t h e n | s i t t ing, | or if | not , | t h e n |
| wi th in one m o n t h after t he commencemen t | of the n e x t ensu ing | session |
| thereof. |
| 1 1 . Accounts of t h e expendi tu re in connect ion wi th | t h e | said |
| M u s e u m shal l be furnished annua l ly by t h e Board to the Minis te r | for |
| examina t ion a n d | audi t , and in order t h a t an abs t rac t thereof | may be |
| pub l i shed | in the | Gazet te . |
| 1 2 . | The | Governor | may , by way of p e r m a n e n t | endowmen t | for |
t he said M u s e u m , by w a r r a n t unde r his hand , direct to he issued and paid ou t of t h e genera l or ordinary revenues of N e w South Wales , by
| four equa l day of Apri l , t h e first day of J u l y , and the first day of October in qua r t e r ly p a y m e n t s on the first day of J a n u a r y , t h e first | every year, as a fund for defraying the several s t ipends which are |
| appoin ted to be pa id to such necessary officers and servants as are appoin ted by the Board, and for d ischarging all inc identa l and necessary charges connected w i t h t he cu r ren t expend i tu re thereof, or otherwise t he s u m of one thousand pounds in each and every year . |
A c t