Perth Theatre Trust Amendment Act 1981 (WA)

WESTERN AUSTRALIA.

PERTH THEATRE TRUST.

No. 59 of 1981.

AN ACT to amend the Perth Theatre Trust Act 1979.

[Assented to 13 October 1981.j

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Perth	Short title
and citation.

Theatre Trust Amendment Act 1981.

(2) In this Act the Perth Theatre Trust Act 1979 ,yIjU:79

is referred to as the principal Act.

(3) The principal Act as amended by this Act may

be cited as the Perth Theatre Trust Act 1979-1981.

No. 59.1 Perth Theatre Trust. [1981.

Section 3

amended. 2. Section 3 (1) of the principal Act is amended

by

(a) deleting the definition of "manager" and substituting the following definition-

" "general manager" means person appointed to be the general man- ager of the Trust under subsection (1) of section 17; " ; and

(b) inserting, after the definition of "section", the following definition-

" "subparagraph" means subparagraph of the paragraph in which the term appears; " .

Section 3A

inserted. 3. After section 3 of the principal Act, the

following section is inserted-

Transitional C'

provisions	3A. Notwithstanding anything in the
relating to

general	Perth Theatre Trust Amendment Act 1981-
manager

(a) the person who was, immediately before the date of coming into operation of that Act, the manager within the meaning of this Act before its amendment by that Act shall be deemed to have been appointed the general manager of the Trust under subsection (1) of section 17, as amended by that Act, on that date;

and

(b) a reference to the general manager in this Act shall, in relation to the period commencing on the date of coming into operation of this Act and ending immediately before the date of coming into operation of the Perth Theatre Trust Amendment Act 1981, be construed as a reference to the manager within the meaning of this Act before its amendment by that Act. " .

1981.] Perth Theatre Trust. [No. 59.

4. Section 17 of the principal Act is amended— =fled.

(a) in subsection (3) by deleting "or industrial agreement under the Industrial Arbitration Act, 1912," and substituting the fol- lowing

" under the Industrial Arbitration Act

1979 " ;

(b) in subsection (4) (b) by deleting "and Family Benefits Act, 1938" and substituting the following-

" Act " ; and

(c) by repealing subsection (5) and substitut- ing the following subsections

et (5) The Trust is deemed to be a

department for the purposes of the

Superannuation Act.

(6) If the general manager or an officer or servant of the Trust

(a)	was, immediately prior to his appointment as such, a contri- butor to the superannuation fund established under the City of Perth Superannuation Fund Act 1934 (in this subsec- tion called "the City Fund");
(b)	has received or is entitled to receive payment of a total amount consisting of-

(i)   the sum of contribu- tions made by him to the City Fund;

(ii)  interest on the sum referred to in subpara- graph (i); and

(iii)  any amount, in addi- tion to the sum referred to in subparagraph (i) and to the interest

No. 59.1 Perth Theatre Trust. [1981.

referred to in subpara- graph (ii), payable to him in consequence of his having been a con- tributor to the City Fund,

which total amount is in lieu of pension or like benefits; and

(c) has elected or elects, as the case requires, in writing at any time within the period com- mencing on the date of coming into operation of this Act and ending twelve months after the date of coming into opera- tion of the Perth Theatre Trust Amendment Act 1981, to contribute under the Super- annuation Act to the Super- annuation Fund constituted under the Superannuation Act,

he may, within the period referred to in paragraph (c), pay or cause to be paid the amount referred to in para- graph (b) (iii) into the Consolidated Revenue Fund, and thereupon the period during which he was a contri- butor to the City Fund prior to his appointment as the general manager or an officer or servant of the Trust, as the case requires, shall be deemed, for the purposes of the Superannuation Act, to be service within the meaning of subsection (1) of section 6 of the Superannuation Act.

(7) If a person whose service is deemed under subsection (6), for the purposes of the Superannuation Act, to be service within the meaning of sub-

1981.] Perth Theatre Trust. [No. 59.

section (1) of section 6 of the Super- annuation Act, or the dependants of such a person-

(a)	becomes or become, as the case requires, entitled to a refund of contributions under the Superannuation Act; and
(b)	is or are not, as the case requires, entitled to pension or benefits under the Super- annuation Act,

there shall be paid to him or to them, as the case requires, in addition to the amount of the refund referred to in paragraph (a), an amount from the Consolidated Revenue Fund equal to the amount referred to in subsection (6) (b) (iii) which he paid or caused to be paid under subsection (6) into the Consolidated Revenue Fund.

(8) In this section

"the Superannuation Act" means the Superannuation and Family Benefits Act 1938. " .

5. After section 17 of the principal Act, the Sescetgendl.17A

following section is inserted-

17A. (1) The Trust may employ such Einmegogi

casual or temporary staff as may be necessary ct=rty

for the purposes of a theatre vested in or start.

leased to the Trust or over which it has

control.

(2) Subject to any relevant award under the Industrial Arbitration Act 1979, the terms and conditions of employment of casual or temporary staff employed under subsection

(1) are such terms and conditions as the

Trust determines.

No. 59.1 Perth Theatre Trust. [1981.

(3) The Trust may by agreement with a person using a theatre referred to in subsec- tion (1) for the public presentation of any of the performing arts recover from that person the whole or part of the cost of employing casual or temporary staff for the purposes of that theatre whilst it is so used by that person.

(4) Notwithstanding anything in this section, the appointment and dismissal of casual or temporary staff employed under subsection (1) is in the sole power of the Trust. " .

Minor

amendments. 6. The provisions of the principal Act specified in the Schedule to this Act are amended by insert- ing, before "manager" wherever it occurs, the following in each case-

" general " .

SCHEDULE. (Section 6)

MINOR AMENDMENTS.

Sections 10 (1), 14 (1) and (3) and 17 (1), (2), (3) and (4).