Legacy Trust Fund Act 2001 (Qld)

Queensland Legacy Trust Fund Act 2001 Reprinted as in force on 6 September 2001 Reprint No. 1 revised edition This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 6 September 2001. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have been made to— • use aspects of format and printing style consistent with current drafting practice (s 35) • omit the enacting words (s 42A). This page is specific to this reprint. A table of reprints is included in the endnotes. See endnotes for information about when provisions commenced. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other. Revised edition indicates further material has affected existing material. For example— • a correction • a retrospective provision • other relevant information.

Queensland Legacy Trust Fund Act 2001 Contents 1 2 3 4 5 6 7 Schedule Page Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Application of Act and relationship with the Trusts Act 1973 . . . . 3 Fund money is a controlled receipt on and after commencing day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Limitation on spending the fund money . . . . . . . . . . . . . . . . . . . . 4 Declaration, prohibition and barring of actions . . . . . . . . . . . . . . . 4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 7 8 8

s1 3 Legacy Trust Fund Act 2001 Legacy Trust Fund Act 2001 [reprinted as in force on 6 September 2001] s5 An Act to provide for the money standing to the credit of the Legacy Trust Fund and related accounts and funds of the department 1 Short title This Act may be cited as the Legacy Trust Fund Act 2001. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Definitions The dictionary in the schedule defines particular words used in this Act. 4 Application of Act and relationship with the Trusts Act1973 (1) This Act applies to the amount standing to the credit of the fund immediately before the commencing day (the fund money ). (2) If there is an inconsistency between this Act and the TrustsAct 1973, this Act prevails to the extent of the inconsistency. 5 Fund money is a controlled receipt on and after commencing day On and after the commencing day, the fund money is a controlled receipt of the department for this Act and any other Act.

s6 4 s7 Legacy Trust Fund Act 2001 6 Limitation on spending the fund money The Minister may spend all or part of the fund money only for the following purposes— (a) a purpose that benefits persons with a vision impairment, including, for example, children and workers with a vision impairment; (b) another purpose the Minister reasonably considers is consistent with any stated condition or purpose related to an amount comprising the fund money. 7 Declaration, prohibition and barring of actions (1) The following matters relating to the fund and the fund money end— (a) a right, other than the right of the State, to the fund or the fund money; (b) a liability or fiduciary obligation of the State or a State entity, relating to the fund or the fund money. (2) A person may not make— (a) an application under the Trusts Act 1973 relating to the fund or fund money; or (b) another application or a claim relating to the fund or fund money against the State or a State entity for an act, omission or decision, or apprehended act, omission or decision, of the State or the State entity, done or made in the exercise or purported exercise of a power conferred by law or by an instrument creating a trust. (3) If a proceeding arising out of an application or claim mentioned in subsection (2) started before the commencing day, the proceeding is stayed and the court concerned must dismiss it without making an order as to costs.

5 Legacy Trust Fund Act 2001 Schedule Dictionary section 3 commencing day means the day section 5 commences. controlled receipt see Financial Administration and Audit Act1977 , section 4(2). fund means— (a) the departmental account of the department under the FinancialAdministrationandAuditAct1977 called ‘Legacy Trust Fund’; or (b) another account or fund of the department, however called— (i) established or operated for the benefit of persons with vision impairment; and (ii) into which a bequest, contribution, donation, gift or grant has been received. Examples of other accounts — 1 Queensland Talking Book Library Trust Fund 2 Queensland Talking Book Library-Legacy Trust Account 3 Queensland Industrial Institution for the Blind Legacy Trust Account 4 Department of Health and Home Affairs (Legacy Trust Account). fund money see section 4(1). stated condition or purpose means a stated condition or purpose in a trust or will, or as part of a bequest, contribution, donation, gift or grant. State entity means— (a) a Minister or a person who was a Minister; or (b) a person employed or previously employed by the State; or

6 Legacy Trust Fund Act 2001 Schedule (continued) (c) another person who is or was an agent of the State in relation to the fund.

7 Legacy Trust Fund Act 2001 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amandments have commenced operation on or before that day. Future amendments of the Legacy Trust Fund Act 2001 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

8 Legacy Trust Fund Act 2001 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 rv Amendments to none Effective 3 August 2001 Reprint date 6 September 2001 5 List of legislation Legacy Trust Fund Act 2001 No. 48 date of assent 28 June 2001 ss 1–2 commenced on date of assent remaining provisions commenced 3 August 2001 (2001 SL No. 130) © State of Queensland 2005