Brisbane Cricket Ground Act Amendment Act 1978 (Qld)

163 ^^lYCP1t^^^CkI^ ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 21 of 1978 An Act to amend the Brisbane Cricket Ground Act 1958-1971 in certain particulars [ASSENTED TO 2ND JUNE, 19781 BE IT ENACTED by the Queen'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:- 1. Short title and citation . (1) This Act may be cited as the Brisbane Cricket Ground Act Amendment Act 1978. (2) In this Act the Brisbane Cricket Ground Act 1958-1971 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Brisbane Cricket Ground Act 1958-1978.

164 Brisbane Cricket Ground Act Amendment Act 1978, No. 21 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by, in subsection (2), omitting the word " seven " and substituting the word " eight ". 3. Repeal of and new s. 5. Section 5 of the Principal Act is repealed and the following section is substituted: " 5. Appointment of trustees . (1) Of the eight trustees- (a) three shall be representatives of the Government of the State; (b) one shall be a representative of the State Government Insurance Office (Queensland); (c) two shall be persons who are associated with the activities of The Queensland Cricket Association; (d) one shall be a person who is associated with the activities of the Queensland Cricketers' Club; (e) one shall be a person who is associated with the activities of the Gabba Greyhound Racing Club. (2) The trustees shall be nominated by the Minister and appointed by the Governor in Council by notification published in the Gazette and, subject to this Act, shall- (a) hold office for a period of five years commencing on the date specified in that respect in the notification or, in the absence of such specification, on the date of publication in the Gazette of the notification; and (b) if under the age of 70 years, be eligible for re-appointment.". 4. Repeal of and new s. 6. Section 6 of the Principal Act is repealed and the following section is substituted:- " 6. Vacation of office. (1) The office of a trustee becomes vacant if he- (a) dies or becomes mentally ill; (b) becomes bankrupt or compounds with his creditors or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; (c) is convicted of an indictable offence for which he is liable to be punished by imprisonment for 12 months or more; (d) resigns his office by writing under his hand addressed to the Trust and the resignation is accepted by the Trust; (e) attains the age of 70 years; (f) becomes incapable as prescribed by section 7 of continuing to be a trustee; (g) is removed from office by the Governor in Council for any reason appearing to the Governor in Council to be sufficient for so doing. (2) The Governor in Council, for any reason appearing to him to be sufficient for so doing, may remove a trustee from office.".

Brisbane Cricket Ground Act Amendment Act 1978, No. 21 165 5. New ss. 6A and 6B . The Principal Act is amended by inserting after section 6 as inserted by this Act the following sections:- " 6A. Filling of casual vacancies . (1) Where a vacancy occurs in the office of a trustee, the Governor in Council may, subject to the requirements of this section, appoint another person as a trustee to hold office for the balance of his predecessor's term of office as a trustee. (2) Notification of the appointment to fill the casual vacancy shall be published in the Gazette and it shall be sufficient to specify in such notification the substituted trustee's period of office by reference to the term of office of his predecessor. (3) The person appointed to fill the casual vacancy shall be nominated by the Minister and representative of or, as the case may be, associated with the activities of the like interest as his predecessor pursuant to the provisions of section 5. 6B. Validity of certain acts, etc., of Trust. (1) An act or proceeding of the Trust shall not be invalid or ineffectual in consequence only of the number of trustees not being complete at the time of such act or proceeding. (2) All acts and proceedings of the Trust shall, notwithstanding any defect in the appointment of a trustee or that any trustee was disqualified or disentitled to act, be as valid and effectual as if every such trustee had been duly appointed and was qualified and entitled to act and as if the Trust had been properly and fully constituted.". 6. Amendment of s. 7. Section 7 of the Principal Act is amended by- (a) inserting after the words " Cricket Association " occurring in subsection (1) the words " or the Queensland Cricketers' Club or the Gabba Greyhound Racing Club "; (b) inserting after subsection (2) the following subsection:- " (2A) The trustee who is the representative of the State Government Insurance Office (Queensland) is not disqualified from office by reason of any interest of that Office in the Trust arising out of the implementation of section 22A."; (c) in subsection (3)- (i) omitting the words " one hundred pounds " and substituting the expression " $200 "; (ii) omitting the words " twenty pounds " and substituting the expression " $40 ". 7. Provisions with respect to reconstitution of the Trust. (1) The Governor in Council shall, by Order in Council published in the Gazette, fix a date, in this section referred to as " the prescribed date ", for the commencement of sections 2, 3, 4, 5, 6 and 9, and those sections shall, subject to subsection (3), commence on the prescribed date. (2) Each trustee holding office immediately prior to the prescribed date goes out of office forthwith on the commencement of the prescribed date but, subject to the provisions of the Principal Act as amended by this Act, is eligible for membership of the Trust as reconstituted on and from the prescribed date.

166 Brisbane Cricket Ground Act Amendment Act 1978, No. 21 (3) Notwithstanding subsection (1), new section 5 of the Principal Act inserted by this Act shall come into operation on the passing of this Act for the purpose of the making of nominations and the making of appointments to the Trust as it is to be reconstituted with a view to enabling the Trust to be reconstituted on and from the prescribed date. 8. Amendment of s. 14 . Section 14 of the Principal Act is amended by omitting the words " one hundred thousand pounds." occurring in subsection (2) and substituting the words " $500 000 or such higher amount as is determined from time to time by Order in Council in respect thereof.". 9. Amendment of s. 22A. Section 22A of the Principal Act is amended by- (a) omitting subsections (22) and (23); (b) in subsection (24), omitting the words " holding office under subsection (22) of this section " and substituting the words " who is the representative of the State Government Insurance Office (Queensland), ". 10. Amendment of s. 24 . Section 24 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the words " regulating and controlling " the words " the business and proceedings of the Trust and "; (ii) omitting all words in the subsection commencing with and occurring after the words " section, with respect to those lands " and substituting the following words:- seecctitoion-n-- (aa)) with respect to the Trust, the appointment and tenure of office of the chairman thereof, procedure, quorum and voting at meetings thereof and the conduct of the business of such meetings; and (b) with respect to the said lands or any part thereof- (i) the use thereof as a cricket ground or for any other purpose; (ii) the admission thereto and the expulsion therefrom of persons; (iii) the rates or charges to be paid for admission thereto (which rates or charges may differ with respect to different parts thereof or as to the persons admitted thereto or as to the purpose to which the admission is related)."; (b) in subsection (2), omitting the words " twenty pounds " and substituting the expression " $40 ". 11. Amendment of Schedule I. The Principal Act is amended by, in Schedule I, omitting the word " Seven " and substituting the word "Eight:".