Lang Park Trust Act Amendment Act 1988 (Qld)

1510 ( ueemifann i ANNO TRICESIMO SEPTI O ELIZ A BETH AE SE C U NDAE ' ;A 11 T o . ®i An Act to am end the Lang Park Tr--9t Act 1962-1986 in certain particulars [ASSENTED TO 8TH DECEMBER, 1988]

Lang Park Trust Act Amendment Act 1988, No. 104 1511 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 Lang Park Trust Act Amendment Act 1988. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1) this Act shall commence on a date appointed by Proclamation. 3. Citation . (1) In this Act the Lang Park Trust Act 1962-1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Lang Park Trust Act 1962-1988. 4. Amendment of s. 3. Section 3 of the Principal Act is amended by omitting subsections (2), (3) and (4) and substituting the following subsections:- "(2) The Trust shall consist of 6 trustees each of whom shall, subject to this section, be appointed by the Governor in Council on the recommendation of the Minister by notification published in the Gazette. (3) Of the 6 trustees 4 shall be respectively- (a) a representative of Brisbane City Council nominated by it; (b) a representative of Queensland Rugby Football League Limited nominated by it; (c) a representative of Queensland Rugby Football League Limited (Brisbane Division) nominated by it; (d) a person nominated by the Minister who in his opinion represents the users of the playing facilities administered by the Trust. (4) Within a reasonable time before the trustees are to be appointed the Minister shall, in writing, request each of the bodies referred to in paragraphs (a), (b) and (c) of subsection (3) to furnish to him a panel nominating 3 persons to represent that body, within the time limited in the request. (5) If default is made in furnishing as requested by the Minister a panel of names or all of the persons nominated therein are, in the Minister's opinion, unsuitable for appointment to the Trust he shall make a further request for a panel or a request for a second panel as the case may be. (6) If no panel is then furnished or the persons nominated in the panel then furnished are, in the Minister's opinion, unsuitable for appointment to the Trust, the Minister may at

1512 Lang Park Trust Act Amendment Act 1988, No. 104 his discretion recommend to the Governor in Council a person to represent the relevant body and that person shall be deemed to have been nominated by that body. (7) A trustee shall not be recommended for appointment if he has attained the age of 70 years. (8) The first appointment of the trustees nominated pursuant to this section may be made upon, or at any time after the commencement of the Lang Park Trust Act Amendment Act 1988. (9) Notwithstanding the provisions of this Act, until the first appointment of the trustees nominated pursuant to this section, the persons who were trustees of the Trust immediately prior to the commencement of the Lang Park Trust Act Amendment Act 1988 shall continue to be trustees of the Trust. (10) Upon the first appointment of the trustees nominated pursuant to this section being made, the persons who were trustees of the Trust immediately prior to that first appointment shall cease to be trustees of the Trust.". 5. New ss. 3A and 3 B. The Principal Act is amended by inserting after section 3, the following sections:- "3A. Term of appointment of trustees . Every trustee shall be appointed for a term of 3 years and, if otherwise qualified, shall be eligible for reappointment as a trustee. 3B. Casual vacancies . (1) If a vacancy occurs in the office of a trustee before the expiration of his term of appointment the Governor in Council shall by notification published in the Gazette appoint a person to fill that vacancy. (2) The person appointed to fill the casual vacancy shall be nominated in accordance with the procedure set out in section 3. (3) The person appointed to fill a vacancy shall be appointed for the balance of the term for which his predecessor was appointed and shall, if otherwise qualified, be eligible for reappointment.". 6. Amendment of s. 4. Vacation of office. Section 4 of the Principal Act is amended by- (a) in paragraph (a), omitting the words "or becomes mentally sick"; (b) omitting paragraph (b) and substituting the following paragraph:- "(b) attains the age of 70 years;"; (c) omitting paragraphs (e) and (f) and the word "or" between those paragraphs and substituting the following paragraphs:- "(e) becomes incapable as prescribed by section 5 of continuing to be a trustee;

Lang Park Trust Act Amendment Act 1988, No. 104 1513 or (f) is removed from office as a trustee by the Governor in Council.". 7. New ss. 4A, 4B, 4C and 4D. The Principal Act is amended by inserting after section 4, the following sections:- "4A. Disqualification from office. A person who- (a) is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (b) has been convicted in Queensland of an indictable offence or elsewhere than in Queensland in respect of an act or omission that if it occurred in Queensland would have constituted an indictable offence, unless the Minister is of the opinion that the circumstances of the offence do not warrant disqualification from office; or (c) is a patient within the meaning of the Mental Health Services Act 1974-1987, is not qualified to be or to continue as a trustee. 4B. Removal of trustees . The Governor in Council may, for any cause which appears to him to be sufficient, remove any trustee from office. 4C. Chairman and Deputy Chairman . ( 1) The Governor in Council , on the recommendation of the Minister , shall appoint a trustee as Chairman of the Trust. (2) The Chairman holds office until- (a) the appointment of another trustee as Chairman; (b) the expiration of the term of his appointment as a trustee notwithstanding that he is reappointed as a trustee; (c) he is removed from office as Chairman by the Governor in Council; or (d) he ceases to be a trustee, whichever event occurs first. (3) At the first meeting of the Trust and at each meeting next following the expiry of the term of office of a Deputy Chairman the trustees shall elect a Deputy Chairman of the Trust from among their number. (4) The term of office of the Deputy Chairman expires- (a) if he ceases to be a trustee; (b) if he resigns as Deputy Chairman; (c) if at a duly convened meeting of the Trust a majority

1514 Lang Park Trust Act Amendment Act 1988, No. 104 of the total number of trustees for the time being holding office vote to terminate his election as Deputy Chairman; (d) if he is removed from office as Deputy Chairman by the Governor in Council; or (e) if the term of his appointment as trustee during which he was elected Deputy Chairman expires. (5) The Chairman or Deputy Chairman may, by writing under his hand furnished to the Minister, resign his office as Chairman or Deputy Chairman, as the case may be. (6) A retiring Chairman or Deputy Chairman is, while he is a trustee, eligible for reappointment or re-election, as the case may be. (7) The Governor in Council may, for any cause which appears to him to be sufficient, remove the Chairman or Deputy Chairman from his office as such. 4D. Secretary to the Trust. (1) The Governor in Council shall, on the recommendation of the Minister appoint a person who has not attained the age of 65 years to be Secretary to the Trust. (2) The Secretary shall hold office for such period as is fixed by the Governor in Council and shall be eligible for reappointment provided he has not attained the age of 65 years. (3) The appointment or reappointment made pursuant to this section shall be for a period not exceeding three years. (4) Any such appointee shall retire from office on attaining the age of 65 years notwithstanding that his period of appointment has not expired. (5) The Secretary shall have and may exercise such powers, authorities, functions and duties as the trustees may assign for the purpose of enabling the Trust to function efficiently. (6) The Secretary shall be entitled to be paid such fees and allowances (if any) as the Governor in Council may from time to time determine. (7) The Governor in Council may, for any cause which appears to him to be sufficient, remove the Secretary from his office as such.". 8. Amendment of s. 5. Disqualification from membership of Trust. Section 5 of the Principal Act is amended by omitting the note appearing in and at the beginning of the section comprising the words "Disqualification from membership of Trust " and substituting the words " Trustee not to be interested in contract with Trust".

Lang Park Trust Act Amendment Act 1988, No. 104 1515 9. New ss. 6A, 6B, 6C , 6D and 6E. The Principal Act is amended by inserting after section 6, the following sections:- "6A. Conduct of business . (1) Subject to this Act, the Trust shall conduct its business and proceedings at meetings in such manner as it determines from time to time. (2) Notice of every meeting or adjourned meeting, other than a meeting adjourned to a later hour on the same day on which such meeting was appointed to be held, shall be in writing and shall be given to each trustee at least 7 days prior to the date appointed for such meeting. 6B. Quorum . (1) A quorum of the Trust shall consist of a majority of the total number of trustees for the time being holding office. (2) A duly convened 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, functions and duties by this Act conferred or imposed upon the Trust. 6C. Meetings. (1) The Trust shall meet at such times and places as it determines. (2) (a) The Chairman shall preside at each meeting of the Trust at which he is present and in his absence the Deputy Chairman, if present, shall preside. (b) If both the Chairman and Deputy Chairman are absent from a meeting, a trustee elected at that meeting shall preside. (c) A trustee elected to preside at a meeting shall, while he presides, have all the powers and functions of the Chairman. (3) The Trust shall keep a record of proceedings at its meetings. 6D. Conduct of affairs . (1) Except as provided in section 4C (4) (c), the Trust shall exercise or perform a power, authority, function or duty by a majority vote of the trustees present at the meeting and voting on the business in question. (2) A trustee who, being present at a meeting, abstains from voting shall be taken to have voted for the negative. (3) The person who is duly presiding at a meeting of the Trust shall have a deliberative vote and, in the event of an equality of votes, a casting vote. 6E. Validity of proceedings . An act or proceeding of the Trust shall not be invalidated or in any way prejudiced by reason only of the fact that at the time such act was done or proceeding taken there were vacancies in the membership of the Trust or there was a defect in the qualification or appointment of any one or more trustees.".

1516 Lang Park Trust Act Amendment Act 1988, No. 104 10. New s. 12. The Principal Act is amended by inserting after section 11, the following section:- "12. Protection from liability. Liability at law shall not attach to the Crown or any person on account of any act or thing- (a) done or omitted to be done pursuant to this Act; or (b) done or omitted to be done bona fide for the purposes of this Act and done or omitted to be done without negligence.". 11. Amendment of s. 13. By-laws. Section 13 of the Principal Act is amended in subsection (1) by omitting paragraph (a) and the word "and" where it appears between paragraphs (a) and (b).