Elizabeth Bay House Trust Act 1977 (NSW)

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E L I Z A B E T H B A Y H O U S E T R U S T A C T , 1 9 7 7

A N N O V I C E S I M O S E X T O

ELIZABETHE II REGINE

Act N o . 1 0 9 , 1 9 7 7 .

An Act to constitute the Elizabeth Bay House Trust and define its powers, authorities, duties and functions and to vest certain land and other property in that Trust. [Assented to, 29th November, 1977.]

BE

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

PART I .
PRELIMINARY.

1. This Act may be cited as the "Elizabeth Bay House

Trust Act,

1 9 7 7 " .

2. ( 1 ) This section and section 1 shall commence on the

date of assent to this Act.

( 2 ) Except as provided in subsection ( 1 ) , this Act

shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. This Act is divided as follows :—

P A R T I . — P R E L I M I N A R Y — s s . 1 - 4 .

P A R T I I . — T H E ELIZABETH BAY HOUSE TRUST— s s .

5 - 1 1 .

P A R T I I I . — A D M I N I S T R A T I O N — s s . 1 2 - 1 4 .

P A R T I V . — F I N A N C E — s s . 1 5 - 1 8 .

P A R T V . — M I S C E L L A N E O U S — s s . 1 9 - 2 2 .
SCHEDULE 1.—PROVISIONS RELATING TO TRUSTEES
AND PROCEDURE OF THE TRUST.

SCHEDULE 2 . — L A N D V E S T E D IN THE TRUST.

SCHEDULE 3.—TRANSITIONAL AND O T H E R PROVI
SIONS.
4. In this Act, except in so far as the context o r subject-matter otherwise indicates or requires—
"Curator" means the person appointed as Curator of Elizabeth Bay House pursuant to section 12 ( 1 ) or a person acting as Curator of Elizabeth Bay House;
"Elizabeth Bay House" means the building and other improvements situated on the land vested in the Trust by section 19;
"regulation" means a regulation under this Act;
"Trust" means the Elizabeth Bay House Trust constituted
by section 5;

"trustee" means a trustee referred to in section 6.

P A R T II.

T H E ELIZABETH BAY HOUSE TRUST.

(1) There is hereby constituted a corporation with the corporate name "Elizabeth Bay House Trust".
5.

(2) The Trust shall have and may exercise and
perform the powers, authorities, duties and functions conferred
or imposed on it by or under this or any other Act.
( 3 ) In the exercise and performance of its powers, authorities, duties and functions the Trust shall, notwithstand ing anything contained in this Act, be subject to the control and direction of the Minister.
( 4 ) The Trust shall, for the purposes of any Act, be

deemed to be a statutory body representing the Crown.

6 . ( 1 ) The Trust shall consist of 5 trustees, who shall be

appointed by the Governor on the recommendation of the

Minister.

(2 ) Schedule 1 has effect.
7. The principal objects of the Trust are—

(a) to preserve Elizabeth Bay House as a place of historic and architectural interest; and
(b) to provide Elizabeth Bay House for the enjoyment
of the public and as a place of educational and
cultural interest.
8. (1 ) The Trust may—

(a) maintain, or make arrangements for the mainten
ance of, the property of the Trust and, in pursuance of its objects, acquire (either as property of the Trust or otherwise) items for temporary or permanent exhibition at Elizabeth Bay House;

(b)

subject to such restrictions (whether relating to hours or otherwise) as the Trust imposes, permit admission of the public to the whole or any part of
Elizabeth Bay House;

(c) promote and provide exhibitions, lectures, films,
publications and other educational instruction in pursuance of its principal objects and, in exercising this power, shall give particular emphasis to the history of Elizabeth Bay House and the purposes for which it was used in the nineteenth century;
(d)

(d)

subject to such conditions as the Trust imposes, permit the use of any part of Elizabeth Bay House for activities of an educational or cultural nature, for social functions, State occasions or charitable or other promotional activities of a nature approved by the Trust or for the holding of conferences or meetings;

(e)

permit the use of Elizabeth Bay House for the taking of photographs, the making of films or sound recordings and the production of television or radio programmes or material;

(f)

in or in connection with Elizabeth Bay House, provide, or permit the provision of, food or other refreshments and apply for, hold or dispose of any licence, permit or other authority in connection therewith;

(g)

engage and enter into contracts with artists, entertainers, lecturers and performers to appear at Elizabeth Bay House and pay them such fees and remuneration as may be agreed upon;

(h)

charge and receive fees or other amounts for, or in connection with, any service provided, article sold or permission given by the Trust in its exercise of any of the powers granted to it by this section, which fees and other amounts shall be the property of the Trust; and
(i) enter into any contract or arrangement with any person for the purpose of promoting the objects of the Trust.

(2 ) Subject to this Act and the regulations, the Trust shall have the control and management of all property vested in the Trust.
( 3 ) The Trust may agree to any condition that is not

inconsistent with its objects being imposed on its acquisition
of any property.

(4 )

(4 ) Where, by gift inter vivos, devise or bequest, the Trust acquires property, it may retain the property in the form in which it is acquired, subject to any condition agreed to by the Trust under subsection (3) in relation to the property.

(5 ) The rule of law against remoteness of vesting does

not apply to a condition to which the Trust has agreed under

subsection

( 3 ) .

(6 ) The Stamp Duties Act, 1920, does not apply to or in respect of any gift inter vivos, devise or bequest made or to be made to the Trust.

(7) The Trust may establish such committees as it thinks fit for the purpose of assisting it to exercise and perform its powers, authorities, duties and functions.

(8) A person may be appointed to a committee whether or not he is a trustee.

(9) The Trust shall have, and may exercise and perform, such powers, authorities, duties and functions, in addition to those specified in this section, as are reasonably necessary for the attainment of its objects, but may only borrow money in accordance with Part IV.

9. (1 ) The Trust may authorise—

(a)

the making of alterations to Elizabeth Bay House; and

(b)

the carrying out of other improvements upon the land described in Schedule 2,
but only if—

(c)

the consent of the Minister to the alterations or improvements has been obtained by the Trust before they are authorised to be made or carried out; and
(d)

(d)

the Minister, when giving a consent referred to in paragraph ( c ) , considers that the alterations or improvements to which the consent relates, when made or carried out, would not affect the duty of the Trust to preserve Elizabeth Bay House as a place of historic and architectural interest.
(2 ) Subject to subsection ( 3 ) , the Minister may grant a consent referred to in subsection (1) (c) and may impose such conditions as he thinks fit upon the grant of his consent under this subsection.
(3) The Minister may only grant his consent under subsection (2) after he has conferred with the Minister ad ministering the Public Works Act, 1912, on the alterations or improvements to which the consent relates.
10. (1 ) In this section, "condition" means a condition

to which the Trust has agreed under section 8 ( 3 ) .
(2 ) Subject to subsection ( 3 ) , the Trust shall no t sell, mortgage, demise or otherwise dispose of any property acquired by gift inter vivos, devise or bequest, or any real property otherwise acquired (including the land described in Schedule 2 ) , except—

(a) where the property was acquired without any con

dition—with the approval of the Governor (which
may be given in respect of any case or class of
cases); or

(b) where the property was acquired subject to a condition—in accordance with the condition or section 11.
(3) Subject to section 8 ( 4 ) , and except to the extent that it would be in breach of a condition, the Trust shall invest any of its funds not immediately required for the purposes of the Trust in any manner authorised by law for the investment of trust funds.

11. (1) Subject to subsection ( 2 ) , where the Trust

resolves that any property that has been acquired by the Trust subject to a condition to which the Trust has agreed under section 8 (3 ) is not required for the purposes of the Trust, the Trust may—

(a)

sell the property and retain the proceeds of the sale as property of the Trust;
(b) exchange the property for other property;

(c)

give the property to an educational institution (including a museum); or

(d)

if the Trust is of the opinion that the property is of no commercial value—dispose of the property with out valuable consideration,

notwithstanding the condition subject to which the property
was acquired.

(2) The Trust shall not sell, exchange, give or dis pose of any property under subsection (1) except with the consent of the Governor and in accordance with any con dition the Governor may impose upon the grant of his consent.

(3) The Governor may consent to the sale, exchange, gift or disposal of property for the purposes of this section and may impose any condition he thinks fit upon the grant of his consent.

PART III.
ADMINISTRATION.
12. (1) For the purposes of this Act—

(a) a Curator of Elizabeth Bay House; and
( b )

(b)

such other officers and employees as may be nec essary for the administration of this Act,
may be appointed and employed under and subject to the
Public Service Act, 1902.
(2) The officers and employees so appointed or employed shall be subject to the Public Service Act, 1902, during their term of office or employment.
13. (1) The Curator is responsible for the administra

tion and management of Elizabeth Bay House, other property of the Trust and any services provided in conjunction therewith.
(2) The Curator shall be the secretary to the Trust.

(3 ) The Curator is, in the exercise and performance of his powers, authorities, duties and functions under this Act, subject to the control and direction of the Trust.
14. (1) The Trust may, by instrument in writing, dele

gate to a trustee or to a person appointed or employed
pursuant to section 12 the exercise or performance of such of its powers (other than this power of delegation), authorities,
duties or functions as are specified in the instrument of
delegation and may, by a like instrument, revoke wholly or
partly any such delegation.
(2) A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers, authorities, duties or functions delegated, or as to time or circumstances, as are specified in the instrument of delegation.

( 3 )

(3 ) A power, authority, duty or function the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation.

( 4 ) Notwithstanding any delegation under this

section, the Trust may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.

( 5 ) Any act or thing done or suffered by a delegate

under this section has the same force and effect as if the act or thing had been done or suffered by the Trust and shall be deemed to have been done or suffered by the Trust.

P A R T IV.
FINANCE.
15. (1) For the purpose of providing a statutory fund to

be applied by the Trust towards—

(a)

the purchase of items for exhibition at Elizabeth Bay House and their presentation;
(b) the cost of any alterations to Elizabeth Bay House;

and

(c) subject to subsection ( 2 ) , other expenditure
incurred by the Trust,

there shall be paid by the Treasurer to the Trust an annual
endowment of such amount as Parliament approves.

(2) The statutory fund referred to in subsection (1)

may not be applied towards—

(a)

the remuneration of persons appointed or employed pursuant to section 12; or
(b )

(b)

general operating expenses, including those related to the maintenance of Elizabeth Bay House, payable by the Trust.
(3) The annual endowment referred to in subsection (1) shall be paid by such instalments as the Treasurer thinks fit.
( 4 ) Any money payable by the Treasurer under this

section shall be paid out of money provided by Parliament.
16. (1) For the temporary accommodation of the Trust

it may obtain advances by overdraft of current account in any bank or banks to such extent as may be approved by the Governor on the recommendation of the Treasurer.
(2) The Treasurer may lend money to the Trust upon such terms as to repayment and interest as may be agreed upon.
17. The Trust shall cause to be kept proper books of

account relating to the funds and transactions of the Trust and shall, not later than 30th September in each year and as soon as practicable after the preceding 30th June, prepare
statements of accounts in respect of the year ending on, and and transmit to the Minister for presentation to Parliament
made up to, that 30th June in a form approved by the
Auditor-General and exhibiting a true and correct view of the financial position and transactions of the Trust.
18. (1) The accounts of the Trust shall be audited by

the Auditor-General who shall have in respect thereof all the powers conferred on him by law from time to time in force in relation to the audit of public accounts.

(2)

(2) The Audit Act, 1902, applies to the trustees and officers and employees appointed and employed for the purposes of this Act in the same way as it applies to accounting officers of public departments.

(3 ) The Auditor-General shall report to the Minister

and the Trust—

(a) whether or not in his opinion—
(i) due diligence and care have been shown in the collection and banking of money payable to the Trust;

(ii)

expenditure incurred has been duly
authorised, vouched and supervised; and
(iii) any money or other property owned, or controlled and managed, by the Trust has been misappropriated or improperly or irregularly dealt with;

(b)

as to any other matters that, in his opinion, call for special notice; and
(c) as to any other prescribed matters.

(4) Towards defraying the costs and expenses of the

audit of its accounts the Trust shall pay to the Consolidated Revenue Fund such amounts, at such times, as the Treasurer may direct.

P 4 5 5 9 7 A — 4 1 P A R T

P A R T V.
MISCELLANEOUS.

19. (1 ) Upon the commencement of this Part, the land

described in Schedule 2 shall vest in the Trust for an estate in fee simple freed and discharged from any trusts, obligations, estates, interests, contracts, charges, rates and easements existing immediately before that commencement in respect of that land.
(2) Nothing in subsection (1) affects any responsi bilities, powers, authorities, duties or functions from time to time imposed upon or granted to the Trust by or under this Act in relation to the land described in Schedule 2.
20. The Trust shall, not later than 30th September in each year and as soon as practicable after the preceding 30th June, prepare and transmit to the Minister for presentation to Parliament a report of its work and activities during the year that ended on that 30th June.
21 . (1) The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter
that by this Act is required or permitted to be prescribed or

that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with

respect t o —
(a) the meetings of the Trust;
(b) committees of the Trust;

(c)

the use of Elizabeth Bay House or other property of or services provided by the Trust; and

(d)

regulating or prohibiting the parking or movement of vehicles upon property of the Trust.

(2)

(2 ) A regulation may—

(a) apply differently according to such factors as may be specified in the regulation;
(b) authorise any matter or thing to be from time to time determined, applied or regulated by any person specified therein; and
(c) impose a penalty not exceeding $200 for any breach of a regulation.
22. Schedule 3 has effect.
SCHEDULE 1.

PROVISIONS RELATING TO TRUSTEES AND PROCEDURE OF THE
TRUST.

1. A person—

(a) who is of or above the age of 70 years;
(b) who is a temporary patient, a continued treatment patient,
a protected person or an incapable person within the

meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that Act; or

(c) who is a bankrupt, is applying to take the benefit of any
law for the relief of bankrupt or insolvent debtors, whose debts are subject to a composition with his creditors, or whose remuneration would, upon his appointment, be subject to an assignment for their benefit,

is not eligible to be appointed a trustee.

2. (1) In the case of the illness or absence of any trustee the Minister may appoint a person as a deputy to act in the place of the trustee during his illness or absence.

SCHEDULE
SCHEDULE 1—continued.

PROVISIONS RELATING TO TRUSTEES AND PROCEDURE OF THE
TRUST—continued.

(2) A deputy appointed under this clause shall, while he is acting as a deputy, have all the powers, authorities, duties and functions of a trustee.
(3) A deputy appointed under this clause shall, if the Minister thinks fit, be paid such remuneration (including travelling and sustenance allowances) as the Minister may from time to time determine in respect of him.
(4) No person shall be concerned to inquire whether or not any occasion has arisen requiring or authorising a person to act in the place of a trustee, or as to the necessity or propriety of any appointment of a deputy, and all acts and things done or omitted by a deputy when so acting shall be as valid and shall have the same consequences as if they had been done or omitted by the trustee for whom the deputy is acting.
3. (1) The term of office of a trustee shall be, and, unless he vacates his office during his term, a trustee shall hold office for, such period not exceeding 4 years as may be specified in the instrument appointing him.
(2) A trustee whose term of office expires may, subject to clause 1, be re-appointed as a trustee.
4. The Public Service Act, 1902, does not apply to or in respect of the appointment of a trustee and a trustee is not, in his capacity as a trustee, subject to that Act during his term of office.

5. A trustee and a member of a committee established under Part II who is not a trustee shall, if the Minister thinks fit, be paid such remuneration (including travelling and sustenance allowances) as the Minister may from time to time determine in respect of them.
6. The Governor may, for any cause which to him seems sufficient, remove a trustee from office.
7. A trustee shall be deemed to have vacated his office if he— (a) dies;

(b)

resigns his office by writing under his hand addressed to the Minister;

SCHEDULE

SCHEDULE 1—continued.

PROVISIONS RELATING TO TRUSTEES AND PROCEDURE OF THE
TRUST—continued.

(c)

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration or estate for their benefit;

(d)

becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the mean ing of the Mental Health Act, 1958, or a person under detention under Part VII of that Act;

(e)

is absent from 3 consecutive ordinary meetings of the Trust of which notice has been given to him personally or in the ordinary course of post and is not before the expiration of 6 weeks after the latest of those meetings excused by the Trust for his absence from the meetings;
(f) is removed from office by the Governor; or
(g) attains the age of 70 years.

8. (1) For the purposes of this clause, a trustee shall not be con sidered to have ceased to be a trustee by reason only of his term of office as a trustee having expired if he is re-appointed by the Governor as a trustee for a term commencing immediately after the date on which his term of office expired.

(2) The Chairman of the Trust shall be such trustee as the

Minister nominates as Chairman.

(3) A Chairman holds office until the nomination of his

successor under this clause or until he ceases to be a trustee, whichever

first occurs.

(4) At a meeting of the Trust—
(a) the Chairman; or

(b)

in the absence of the Chairman or if it is a meeting held when no person holds the office of Chairman—a chairman elected by trustees present at the meeting from among their number,

shall preside.

SCHEDULE
SCHEDULE 1—continued.

PROVISIONS RELATING TO TRUSTEES AND PROCEDURE OF THE
TRUST—continued.

9. (1) The procedure for the calling of meetings of the Trust and the conduct of business at those meetings shall, subject to this Schedule and any regulation, be as determined by the Trust.
(2) The Minister shall call the first meeting of the Trust by

giving notice to the first 5 trustees in such way as he thinks fit.
(3) Three trustees shall form a quorum and any duly con vened meeting of the Trust at which a quorum is present shall be competent to transact any business of the Trust and shall have and may exercise and perform all the powers, authorities, duties and functions of the Trust.
(4) The person presiding at a meeting of the Trust shall, in the event of an equality of votes, have in addition to a deliberative vote, a second or casting vote.
(5) A decision supported by a majority of the votes cast at a meeting of the Trust at which a quorum is present shall be the decision of the Trust.
10. The secretary to the Trust—

(a)

shall cause minutes of each meeting of the Trust to be recorded and preserved;

(b) is entitled to be present at each meeting of the Trust and to
be heard by the Trust on any matter considered by the
Trust; and
(c) is an ex officio member of each committee of the Trust.

11. The common seal of the Trust shall be kept by the secretary to the Trust and shall only be affixed to an instrument or writing—
(a) by resolution of the Trust;
(b) in the presence of 2 trustees; and

SCHEDULE

SCHEDULE 1—continued.

PROVISIONS RELATING TO TRUSTEES AND PROCEDURE OF THE
TRUST—continued.

(c)

with an attestation by the signatures of the persons present, as required by this clause, of the fact and date of the affixing of the seal.
SCHEDULE 2.
LAND VESTED IN THE TRUST.

So much of the land originally granted to Alexander Macleay by Crown Grant dated 19th October, 1831, as is described in Certificate of Title Volume 5210 Folio 183 and comprises Lot 16 in Deposited Plan 15713.

SCHEDULE 3.
TRANSITIONAL AND OTHER PROVISIONS.

1. In this Schedule—

"commencement" means commencement of this Schedule;
"Commission" means the New South Wales Planning and Environment Commission;
"Interim Committee" means the Elizabeth Bay House Interim Committee established by the Commission under section 15 of the State Planning Authority Act, 1963.

2. The Interim Committee is hereby dissolved and any person who held office as a member of the Interim Committee immediately before the commencement shall cease to hold that office.

SCHEDULE
SCHEDULE 3—continued.
TRANSITIONAL AND OTHER PROVISIONS—continued.
3. (1) On and from the commencement—

(a) all—
(i) real or personal property, any rights and interests therein and all control and management thereof that, immediately before the commencement, belonged to or was or were vested in the Interim Committee; and
(ii) personal property (being property that, immediately before the commencement, was situated at Elizabeth Bay House), any rights and interests therein and all control and management thereof that, immediately before the commencement, belonged to or was or were vested in the Commission,

shall vest in and belong to the Trust;

(b)

all money and liquidated and unliquidated claims that, immediately before the commencement, was or were payable to or recoverable by—

(i) the Interim Committee; or

(ii) the Commission (in respect of Elizabeth Bay House or personal property situated at that place at any time before the commencement),

shall be money and liquidated and unliquidated claims
payable to or recoverable by the Trust;

(c) all money and liquidated and unliquidated claims in respect of the control or management of Elizabeth Bay House for

which the Interim Committee or the Commission would, but for the enactment of this Act, have been liable shall be money and liquidated or unliquidated claims for which the Trust shall be liable;

(d)

all proceedings commenced in respect of Elizabeth Bay House or the control or management of that place before the commencement by the Interim Committee or the Commission shall be deemed to be proceedings pending on that commencement by the Trust and all proceedings in respect of Elizabeth Bay House or the control or management of that place so commenced by any person

SCHEDULE

SCHEDULE 3—continued.

TRANSITIONAL AND OTHER PROVISIONS—continued.
against the Interim Committee or against the Commission and pending immediately before the commencement shall be deemed to be proceedings pending on the commencement by that person against the Trust;

(e) subject to subclause (2) of this clause, all contracts, agree ments, arrangements and undertakings entered into with the Interim Committee or the Commission with respect to the control or management of Elizabeth Bay House and in force immediately before the commencement shall be deemed to be contracts, agreements, arrangements and undertakings entered into with the Trust; and
(f) the Trust may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this subclause and for the prosecution of proceedings so referred to as the Interim Committee or the Commission might have done but for the enactment of this Act.

(2) Nothing in subclause (1) (e) of this clause affects the operation of section 19 (1) .

4. Where any property, right or interest referred to in clause 3

(1)

( a ) —

(a)	was acquired by the Interim Committee or the Commission before the commencement by gift inter vivos, devise or bequest, subject to a condition agreed to by the Interim

Committee or the Commission, as the case may be; and

(b) was held by the Interim Committee or the Commission immediately before that commencement,

the Trust shall, on the commencement, be deemed to have agreed, under section 8 (3) , to the condition upon which the property, right or interest, as the case may be, was acquired.

5. On the commencement, any person who—

(a)

had been appointed to the office of Curator, Elizabeth Bay House under and subject to the Public Service Act, 1902, and held that office immediately before the commencement, shall be deemed to be appointed as the Curator of Elizabeth Bay House pursuant to section 12; or
SCHEDULE
SCHEDULE 3—continued.

TRANSITIONAL AND OTHER PROVISIONS—continued.

(b) had been appointed or employed under and subject to the Public Service Act, 1902, and was engaged in or in connection with the administration or management of Elizabeth Bay House immediately before the commencement, shall be deemed to be appointed or employed, as the case may be, pursuant to section 12.
6. The persons who held office as members of the Interim Committee immediately before the commencement shall—
(a) prepare—
(i) statements of all accounts of the Interim Committee made up to the commencement in a form approved by the Auditor-General exhibiting a true and complete view of the financial position and transactions of the Interim Committee in respect of the period from 1st July immediately preceding the commencement; and
(ii) a report of the work and activities of the Interim Committee from 1st July immediately preceding the commencement and up to the commencement; and

(b) transmit the statements and report to the Trust as soon after the commencement as may be practicable.

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Citations

Elizabeth Bay House Trust Act 1977 (NSW)

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P A R T	I I I . — A D M I N I S T R A T I O N — *s s .*	1 2 - 1 4 .
P A R T	I V . — F I N A N C E — *s s .*	1 5 - 1 8 .
P A R T	V . — M I S C E L L A N E O U S — *s s .*	1 9 - 2 2 .

(a)	to preserve Elizabeth Bay House as a place of historic and architectural interest; and
(b)	to provide Elizabeth Bay House for the enjoyment
of the public and as a place of educational and cultural interest.

(d)	subject to such conditions as the Trust imposes, permit the use of any part of Elizabeth Bay House for activities of an educational or cultural nature, for social functions, State occasions or charitable or other promotional activities of a nature approved by the Trust or for the holding of conferences or meetings;
(e)	permit the use of Elizabeth Bay House for the taking of photographs, the making of films or sound recordings and the production of television or radio programmes or material;
(f)	in or in connection with Elizabeth Bay House, provide, or permit the provision of, food or other refreshments and apply for, hold or dispose of any licence, permit or other authority in connection therewith;
(g)	engage and enter into contracts with artists, entertainers, lecturers and performers to appear at Elizabeth Bay House and pay them such fees and remuneration as may be agreed upon;
(h)	charge and receive fees or other amounts for, or in connection with, any service provided, article sold or permission given by the Trust in its exercise of any of the powers granted to it by this section, which fees and other amounts shall be the property of the Trust; and

(a)	the making of alterations to Elizabeth Bay House; and
(b)	the carrying out of other improvements upon the land described in Schedule 2,

(c)	give the property to an educational institution (including a museum); or
(d)	if the Trust is of the opinion that the property is of no commercial value—dispose of the property with out valuable consideration,

(c)	the use of Elizabeth Bay House or other property of or services provided by the Trust; and
(d)	regulating or prohibiting the parking or movement of vehicles upon property of the Trust.

(a)	apply differently according to such factors as may be specified in the regulation;
(b)	authorise any matter or thing to be from time to time determined, applied or regulated by any person specified therein; and
(c)	impose a penalty not exceeding $200 for any breach of a regulation.

meaning of the Mental Health Act, 1958, or a person under	detention under Part VII of that Act; or
(c)	who is a bankrupt, is applying to take the benefit of any

(c)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration or estate for their benefit;
(d)	becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the mean ing of the Mental Health Act, 1958, or a person under detention under Part VII of that Act;
(e)	is absent from 3 consecutive ordinary meetings of the Trust of which notice has been given to him personally or in the ordinary course of post and is not before the expiration of 6 weeks after the latest of those meetings excused by the Trust for his absence from the meetings;

(b)	is entitled to be present at each meeting of the Trust and to
be heard by the Trust on any matter considered by the Trust; and

(c) all money and liquidated and unliquidated claims in respect	of the control or management of Elizabeth Bay House for
which the Interim Committee or the Commission would, but for the enactment of this Act, have been liable shall be money and liquidated or unliquidated claims for which the Trust shall be liable;
(d)	all proceedings commenced in respect of Elizabeth Bay House or the control or management of that place before the commencement by the Interim Committee or the Commission shall be deemed to be proceedings pending on that commencement by the Trust and all proceedings in respect of Elizabeth Bay House or the control or management of that place so commenced by any person

(e)	subject to subclause (2) of this clause, all contracts, agree ments, arrangements and undertakings entered into with the Interim Committee or the Commission with respect to the control or management of Elizabeth Bay House and in force immediately before the commencement shall be deemed to be contracts, agreements, arrangements and undertakings entered into with the Trust; and
(f)	the Trust may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this subclause and for the prosecution of proceedings so referred to as the Interim Committee or the Commission might have done but for the enactment of this Act.

Committee or the Commission, as the case may be; and
(b)	was held by the Interim Committee or the Commission immediately before that commencement,