Educational Memorial Funds Declaration Act of 1963 (Qld)

290 (Vueeuslarth ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 47 of 1963 An Act to Declare the Trusts upon which the following Funds shall be held , namely The William Forgan Smith Bursary Fund , The Sir Charles Lilley Scholarship Fund , The Honourable T. J. Ryan Memorial Fund, and The Robert Funnell Memorial Fund [ASSENTED To 20TH DECEMBER, 1963] Preamble . Whereas the State Scholarship Examination was held for the last time in the year one thousand nine hundred and sixty-two and has since been abolished and no other examination has been substituted therefor; And whereas by Indenture bearing date the fifth day of October one thousand nine hundred and thirty-nine made between The Honourable William Forgan Smith LL.D. of the one part and The Public Curator of Queensland of the other part it is provided that the income derived from a Trust Fund held by The Public Curator of Queensland is to be applied towards establishing and maintaining two bursaries, called

Educational Memorial Funds Declaration Act of 1963, No. 47 291 " The William Forgan Smith Bursaries ", each of a yearly value of twenty pounds, to be awarded, subject to and in accordance with the provisions of the said Indenture, to the student who obtains the highest percentage of marks in the State Scholarship Examination conducted by the Department of Public Instruction of the State of Queensland or any examination which may be substituted therefor and who enters for such examination from any school within the boundaries of the State Electoral Districts of Mackay or Mirani as constituted at the fifth day of October one thousand nine hundred and thirty-nine; And whereas by Indenture bearing date the sixth day of June one thousand nine hundred and forty made between The Honourable William Forgan Smith LL.D. of the one part: and The Public Curator of Queensland of the other part it is provided that the income derived from a Trust Fund held by The Public Curator of Queensland is to be applied towards establishing and maintaining two bursaries called " The William Forgan Smith Secondary Bursaries ", each of a yearly value of ten pounds to be awarded subject to and in accordance with the provisions of the said Indenture to the student who obtains the highest percentage of marks in the State Scholarship Examination conducted by the Department of Public Instruction of the State of Queensland or any examination which may be substituted therefor and who enters for such examination from any school within the boundaries of the State Electoral Districts of Mackay or Mirani as constituted at the sixth day of June one thousand nine hundred and forty and who shall not in the same year be awarded a William Forgan Smith Bursary awarded under the provisions of the Indenture bearing date the fifth day of October one thousand nine hundred and thirty-nine; And whereas by Indentures bearing dates respectively the twenty- eighth day of September one thousand nine hundred and fifty and the Thirteenth day of July one thousand nine hundred and fifty-six the terms of the Indentures hereinbefore referred to were varied in certain particulars; And whereas, due to changes in the economic circumstances and in the educational system of Queensland it is desired that the provisions of the Indentures hereinbefore referred to, as varied, relating to the maintenance and award of " The William Forgan Smith Bursaries " and " The William Forgan Smith Secondary Bursaries " should be further varied in the manner hereinafter in this Act set forth; And whereas The Public Curator of Queensland holds a Trust Fund called " The Sir Charles Lilley Scholarship Fund ", the income arising wherefrom is applied annually towards the provision of two medals called the Lilley Medals one being awarded to the boy, a student of a State Primary School, who obtains the highest marks of the male candidates in the State Scholarship Examination and the other being awarded to the girl, a student of a State Primary School, who obtains the highest marks of the female candidates in the said examination; And whereas it is desired to appoint another scholastic achievement for which to award one medal to be called The Lilley Medal; And whereas The Public Curator of Queensland holds a Trust Fund called " The Honourable T. J. Ryan Memorial Fund " the income arising wherefrom is applied towards the provision of a medal called " The Honourable T. J. Ryan Memorial Prize " which is awarded annually and alternately to the boy or the girl who obtains the highest percentage of marks in the State Scholarship Examination;

292 Educational Memorial Funds Declaration Act of 1963, No. 47 And whereas it is desired to appoint another scholastic achievement for which to award one medal to be called " The Honourable T. J. Ryan Memorial Prize "; And whereas The Public Curator of Queensland holds a Trust Fund called " The Robert Funnell Memorial Fund " the income arising wherefrom is applied towards the provision of a medal called " The Robert Funnell Memorial Medal " which is awarded annually to the student who being a pupil of one of certain specified primary schools, and not being the winner of either " The Lilley Medal " or " The Honourable T. J. Ryan Memorial Prize ", obtains the highest percentage of marks in the State Scholarship Examination; And whereas it is desired to appoint another scholastic achievement for which to award one medal to be called " The Robert Funnell Memorial Medal "; 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 . This Act may be cited as " The Educational Memorial Funds Declaration Act of 1963." 2. The William Forgan Smith Bursaries . (1) (a) In this section unless the context otherwise indicates or requires, the following terms have the meanings respectively set opposite to them, that is to say: " Bursary Fund "-the funds held and applied by the Trustee upon the trusts and for the intents and purposes expressed and declared by the provisions of the Primary Trust Deed and the Secondary Trust Deed together with all accumulations thereto and the investments for the time being representing the same; " Primary Trust Deed "-the Indenture bearing date the fifth day of October one thousand nine hundred and thirty-nine between The Honourable William Forgan Smith LL.D. of the one part and The Public Curator of Queensland of the other part, as varied from time to time whether before or after the commencement of this Act; " Secondary Trust Deed "-the Indenture bearing date the sixth day of June one thousand nine hundred and forty between The Honourable William Forgan Smith LL.D. of the one part and The Public Curator of Queensland of the other part as varied from time to time whether before or after the commencement of this Act; " Trustee "-The Public Curator of Queensland. (b) This section shall be read as one with the Primary Trust Deed and as one with the Secondary Trust Deed. (2) The Trustee shall aggregate the income arising from the Bursary Fund and therefrom shall establish and maintain two bursaries to be called " The William Forgan Smith Bursaries ". (3) Each bursary shall be tenable for a period of two years and shall be of a yearly value of thirty pounds or of one half of the yearly income arising from the Bursary Fund if such income be less than sufficient to provide two bursaries of thirty pounds each: Provided that if such income in any year be insufficient to provide two bursaries

Educational Memorial Funds Declaration Act of 1963 , No. 47 293 of thirty pounds each the Trustee may resort to any sum which, pursuant to the provisions of the Primary Trust Deed or the Secondary Trust Deed or this Act, has been added to and forms part of the Bursary Fund in excess of the aggregate of the trust fund originally established under the Primary Trust Deed and the trust fund originally established under the Secondary Trust Deed. (4) Subject to the provisions of subsection (8) and paragraph (a) of subsection (9) of this section, the bursary awarded in any year shall be awarded to the student who, in the year in question- (a) enters for the Junior Public Examination of the Department of Education from a school or college within the State Electoral Districts of Mackay or Mirani as those districts were constituted at the fifth day of October one thousand nine hundred and thirty-nine; and (b) sits for the said examination for the first time; and (c) amongst those candidates in the said examination who satisfy the requirements contained in subparagraphs (a) and (b) of this subsection obtains the highest aggregate of marks in a selection of seven subjects in respect of which the said examination is held: Provided that at least five subjects shall be selected from the subjects specified in the Schedule to this Act. (5) Every holder of a bursary shall become and at all times during his or her tenure thereof shall remain a student at a secondary school or college approved as such by the Department of Education and situated in the State Electoral Districts of Mackay or Mirani as those districts were constituted at the fifth day of October one thousand nine hundred and thirty-nine and shall at all such times pursue at such school or college a course of study for the prescribed examination to enable him or her to. matriculate in at least one of the Faculties of the University of Queensland. (6) If a holder of a bursary fails to comply with subsection (5) of this section or, in the case where a holder of a bursary becomes a student at a secondary school or college prescribed by that subsection and commences to pursue a course of study prescribed by that subsection, if the Principal of the school or college concerned at any time during the tenure of such bursary certifies to . the Trustee that such holder is not satisfactorily pursuing the course of study prescribed by that subsection, such holder shall thereupon cease to be entitled to such bursary and any unexpended portion of the bursary shall fall into and form part of the Bursary Fund: Provided that if, in the opinion of the Trustee, the holder of a bursary is unable to comply with subsection (5) of this section because of any cause which, in the opinion of the Trustee, is reasonable in the circumstances , the Trustee may apply the full value of the bursary subject to such conditions as the Trustee shall think fit. (7) Subject to the provisions of subsection (6) of this. section every bursary shall be applied by the Trustee for or towards the maintenance of the holder of that bursary at the school or college prescribed by subsection (5) of this section in the following manner:- By two annual payments of thirty pounds each, the first of such payments to be made upon the completion by the holder of the bursary of the first year of study for the examination prescribed by subsection (5) of this section and upon the receipt by the Trustee of a certificate in writing from the Principal of the school or college concerned

294 Educational Memorial Funds Declaration Act of 1963, No. 47 that such holder has satisfactorily completed such year of study and the second of such payments to be made after the holder of the bursary has sat for the examination prescribed by subsection (5) of this section and upon receipt by the Trustee of a certificate from the said Principal that such holder has satisfactorily completed his studies for such examination. (8) Every award of a bursary made after the commencement of this Act shall be made subject to and in accordance with the conditions and limitations imposed by the provisions of the Primary Trust Deed as varied by this section and, in respect of the award to be made in the year one thousand nine hundred and sixty-three shall be made to a student of the sex to which the award would have been made had the State Scholarship Examination not been abolished. (9) (a) The provisions of the Primary Trust Deed as they were prior to the commencement of this Act shall continue to be of full force and operation with respect to an award made prior to the commencement of this Act and, subject to the variations made therein by the provisions of this section, the provisions of the said Deed shall continue to be of full force and operation with respect to an award made after the commencement of this Act. (b) The commencement of this Act shall not be deemed to derogate from the power conferred on the Trustee by the provisions of the Primary Trust Deed to add to or vary the trusts expressed and declared in such Deed and such power shall be deemed to include power to add to or vary the trusts declared by this section: Provided that when adding to or varying such trusts the Trustee shall make the additional or varied trusts conform as far as possible to the intents and purposes of the Primary Trust Deed as varied by this section. 3. The Lilley Medal . (1) In this section the term " Trust Fund " means the fund called " The Sir Charles Lilley Scholarship Fund " together with all accumulations thereto and the investments for the time being representing the same. (2) The Public Curator of Queensland shall hold the Trust Fund and shall apply the income arising therefrom towards the provision of one medal of a type to be determined from time to time by The Public Curator of Queensland and to be called " The Lilley Medal " which shall be awarded annually to the student who- (a) sits for the Senior Public Examination of the University of Queensland for the first time; and (b) amongst those candidates who sit for the said examination for the first time obtains the highest aggregate of marks in the Open Scholarship Competition held in conjunction with the said Senior Public Examination. (3) Should the income arising from the Trust Fund be in any year in excess of the amount required for the provisions of The Lilley Medal such excess income shall be added to and form part of the capital sum and shall bear income accordingly. 4. The Honourable T. J. Ryan Memorial Prize . (1) In this section the term " Trust Fund " means the fund called " The Honourable T. J. Ryan Memorial Fund " together with all accumulations thereto and the investments for the time being representing the same,

Educational Memorial Funds Declaration Act of 1963, No. 47 295 (2) The Public Curator of Queensland shall hold the Trust Fund and shall apply the income arising therefrom towards the provision of one medal of a type to be determined from time to time by The Public Curator of Queensland and to be called " The Honourable T. J. Ryan Memorial Prize " which shall be awarded annually to the student who, in any year- (a) sits for the Junior Public Examination of the Department of Education for the first time; and (b) amongst those candidates who sit for the said examination for the first time and being of opposite sex to the candidate in the said examination in that year who is the winner of " The Byrnes Memorial Medal " obtains the highest aggregate marks in a selection of seven subjects in respect of which the said examination is held: Provided that such subjects shall be selected from. the subjects specified in the Schedule to this Act. (3) Should the income arising from the Trust Fund be in any year in excess of the amount required for the provision of " The Honourable T. J. Ryan Memorial Prize " such excess income shall be added to and form part of the capital sum and shall bear income accordingly. 5. The Robert Funnell Memorial Medal. (1) In this section the term " Trust Fund " means the fund called " The Robert Funnell Memorial Fund " together with all accumulations thereto and the investments for the time being representing the same. (2) The Public Curator of Queensland shall hold the Trust Fund and shall apply the income arising therefrom towards the provision of one medal of a type to be determined from time to time by The Public Curator of Queensland and to be called " The Robert Funnell Memorial Medal " which shall be awarded annually to the student who- (a) enters for the Junior Public Examination of the Department of Education from one of the following secondary schools:- (i) All Hallows Convent School, Ann Street,, Brisbane; (ii) St. James Christian Brothers College, Boundary Street, Brisbane; (iii) St. Joseph's Christian Brothers College, Gregory Terrace, Brisbane; (iv) Kelvin Grove State High School; (v) Brisbane Boys Grammar School; (vi) Brisbane Girls Grammar School; (b) sits for the said examination for the first time; and (c) is not awarded the Byrnes Medal or The Honourable T. J. Ryan Memorial Prize or any other medal (not being a medal competition for which is limited to students of a particular school or college) the award whereof is based on the said examination; (d) amongst the candidates in the said examination who satisfy the requirements of subparagraphs (a), (b) and (c) of this subsection obtains the highest aggregate marks in a selection of seven subjects in respect of which the said examination is held: Provided that at least five subjects shall be selected from the subjects specified in the Schedule to this Act.

296 Educational Memorial Funds Declaration Act of 1963, No. 47 (3) Should the income arising from the Trust Fund be in any year in excess of the amount required for the provision of " The Robert Funnell Memorial Medal " such excess income shall be added to the capital sum and shall bear income accordingly. SCHEDULE Group I - English, French, German , Italian , Russian, Latin , Greek, History and Geography. Group II -Mathematics A and Mathematics B. Group III - Chemistry , Physics, Geology, Biology and Physiology.