Plomley Trusts Act 1984 (TAS)

Plomley Trusts Act 1984

An Act to revoke certain trusts created by Norman James Brian Plomley for the purposes of preserving documents and other materials relating to, and encouraging research into, the Tasmanian Aborigines and to make other provision in place of those trusts

[Royal Assent 12 December 1984]

Whereas –

(I) Norman James Brian Plomley, Retired University Lecturer (in this Preamble referred to as "the Settlor"), has made a settlement of property for the purpose of developing a definitive collection of documentary and associated materials relating to the Tasmanian Aborigines, supporting research into, and publishing materials on, the Tasmanian Aborigines and for certain other purposes: (II) The trusts to which that settlement of property are subject are, firstly, the trusts specified in a deed dated 16th January 1979 between the Settlor and Perpetual Trustees and National Executors of Tasmania Limited (which deed is in this Preamble referred to as "the Income Trust") and, secondly, the trusts specified in a deed dated 30th March 1979 between the Settlor of the one part and George Deas Brown, Solicitor, Peter Eldon Cripps, Architect, Rodney Kay Crook, Professor, Peter Faye Murray, Doctor of Anthropology, and Alma Lily Stackhouse, Married Woman of the other part (all of whom are in this Preamble referred to as "the Research Trustees" and which deed is in this Preamble referred to as "the Research Trust"): (III) The Income Trust provides for the payment of the income arising from certain property to the State of Tasmania until 16th January 1992 and then for the vesting of that property in Ann Cripps, Married Woman, the daughter of the Settlor for her own use and benefit absolutely with a substitutionary gift to her children and for certain other matters: (IV) The Research Trust provides for further gifts of money and certain property to constitute the "Tasmanian Aboriginal Research Fund" and the "Tasmanian Aboriginal Collection": (V) The terms of the Research Trust relating to the appointment of new trustees have been varied by a further deed between the Settlor and the Research Trustees dated 20th June 1980: (VI) The Settlor has incurred expenses amounting to $12 365 in and about research undertaken for purposes similar to the purposes of the trusts mentioned in this Preamble: (VII) The Settlor and the corporation of the City of Launceston have made an agreement dated 27th January 1984 providing for continuing research into matters relating to the Tasmanian Aborigines in the event of the trusts arising from the Income Trust and the Research Trust being revoked: (VIII) A copy of the agreement referred to in paragraph (vii) of this Preamble is set out in Schedule 1 to this Act: (IX) On 12th November 1984 – (a) the only person continuing in office as a trustee pursuant to the trusts arising from the Research Trust was Alma Lily Stackhouse, referred to in paragraph (ii) of this Preamble ; (b) the property to which the Income Trust relates was the property specified in Schedule 2 to this Act; and (c) the property to which the Research Trust relates was the property specified in Schedule 3 to this Act: and (X) It is expedient to revoke the trusts arising from the Income Trust and the Research Trust and to make other provision for the settlement and distribution of the property respectively specified in Schedules 2 and 3 to this Act:

Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Plomley Trusts Act 1984 . 2CommencementThis Act shall commence on the day on which it receives the Royal Assent. 3InterpretationIn this Act, unless the contrary intention appears – the appointed day means the day appointed by the Minister pursuant to section 5 (5) ; the Beneficiary means Ann Cripps, referred to in paragraph III of the Preamble to this Act; the City means the corporation of the city of Launceston; the Income Trust means the Income Trust referred to in paragraph II of the Preamble to this Act; the Income Trustee means Perpetual Trustees and National Executors of Tasmania Limited referred to in paragraph II of the Preamble to this Act; the Research Trust means the Research Trust referred to in paragraph II of the Preamble to this Act; the Research Trustee means Alma Lily Stackhouse, referred to in paragraph II of the Preamble to this Act or, if another person is appointed under section 4 as trustee for the purposes of performing a duty imposed under section 5 (2) (b) or (d) , that other person; the Settlor means Norman James Brian Plomley, referred to in paragraph I of the Preamble to this Act. 4Power to appoint trustee for purposes of Research Trust (1)  If the Governor is of the opinion that it is expedient to do so for the purposes of this Act, the Governor may appoint a person to act as trustee for the purpose of performing a duty imposed under section 5 (2) (b) or (d) . (2)  An appointment under subsection (1) is as valid and effectual for the purposes of that subsection as if made pursuant to the powers conferred on the Governor by the Research Trust as varied by the deed referred to in paragraph V of the Preamble to this Act. (3)  The powers conferred on the Governor by subsection (1) are in addition to the powers conferred on him by the Research Trust as varied by the deed referred to in paragraph V of the Preamble to this Act. 5Revocation of trusts and vesting of trust property (1) On the appointed day – (a) the trusts arising from the Income Trust and the Research Trusts are revoked and the property referred to in Schedules 2 and 3 is freed and discharged from those trusts; (b) one-half of the property specified in Schedule 2 shall vest in the Beneficiary for her own use and benefit absolutely; (c) the Settlor is entitled to be paid out of the remaining one-half of the property referred to in Schedule 2 an amount certified pursuant to subsection (3) as his legal costs; (d) the Settlor is entitled to be paid out of the money specified in Schedule 3 an amount of $12 365; and (e) the residue of the property referred to in Schedules 2 and 3 shall, notwithstanding the agreement referred to in paragraph VII of the Preamble to this Act, vest in the City to be held pursuant to the provisions of that agreement. (2) On, or as soon as practicable after, the appointed day – (a) the Income Trustee shall pay – (i) one-half of the money specified in Schedule 2 to the Beneficiary; (ii) out of the remaining one-half of that money, an amount as legal costs as provided by subsection (3) to the Settlor, or as he may direct; and (iii) the balance of that money to the City; (b) the Research Trustee shall, out of the money specified in Schedule 3 , pay to the Settlor, or as he may direct, the amount of $12 365 mentioned in subsection (1) (d) and shall pay the balance of that money to the City; (c) the State Librarian shall, on request by the City, deliver up to the City the books, periodicals, manuscripts, and other documents referred to in Schedule 3 ; and (d) the Income Trustee and the Research Trustee shall execute such transfers and other assurances and make such arrangements as may be necessary to give effect to the provisions of this section. (3)  For the purposes of subsection (1) (c) , the Registrar of the Supreme Court shall, on application by the Settlor, certify in writing to the Attorney-General such amount as he considers appropriate as legal costs incurred by the Settlor arising out of, or in any way incidental to, the enactment of this Act. (4)  For the purposes of subsection (3) – (a) [Section 5 Subsection (4) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] the Registrar of the Supreme Court shall have regard to the scale of fees allowed to Australian legal practitioners pursuant to the rules in force under the Supreme Court Civil Procedure Act 1932 ; and (b) the Settlor shall provide the Registrar with such documents and such information as the Registrar may require. (5)  The Minister may, by notice published in the Gazette, fix a day as the appointed day for the purposes of this Act. 6Exemptions from stamp dutyNotwithstanding the provisions of the Stamp Duties Act 1931 – (a) a document executed to give effect to any vesting provided for by this Act is not liable to stamp duty; and (b) if, within one year after the appointed day, the Beneficiary makes a disposition of any property vested in her under section 5 (1) (b) in favour of, or for the benefit of, one or more of her children, a document executed by her is not liable to stamp duty so far as it relates to that disposition. 7Indemnity for trustees (1) On and from the appointed day, no action or legal proceeding may be instituted against the Income Trustee, the Research Trustee, or any other trustee referred to in paragraph II of the Preamble to this Act in respect of the administration, or intended administration, before that day of the trusts arising from the Income Trust or the Research Trust. (2)  Subsection (1) does not apply to, or in relation to, an action to compel a person to perform a duty imposed by this Act. 8Saving for Income Trustee's commission, &c.Nothing in this Act shall be construed so as to affect the right of the Income Trustee, before it makes a payment as required by this Act – (a) to charge commission in accordance with the Trustee Companies Act 1953 in respect of its administration of the trusts arising from the Income Trust before the appointed day; or (b) to reimburse itself out of the property of those trusts for any expenses properly incurred by it in, or about, the administration of those trusts before that day. Schedule 1Agreement For Establishment of the Plomley Foundation

Preamble, paragraph VIII

Schedule 2Property of the Income Trust

Preamble, paragraph IX and section 5 The following property, namely:

(a) 7 952 shares in Broken Hill Proprietary Limited together with rights to a new issue of shares; (b) 77 196 shares in Commonwealth Industrial Gases Limited; (c) 23 875 shares in Castlemaine Tooheys Limited; (d) an amount of $43 308·08 held by the Income Trustee – together with any legal or equitable estate or interest in any other property, whether present or future and whether vested or contingent, and any entitlement, power, or privilege, if that estate, interest, entitlement, power, or privilege arises from the administration of the trusts arising from the Income Trust, and whether it so arises before, on, or after 12th November 1984.Schedule 3Property of the Research Trust

Preamble, paragraph IX and section 5 The following property, namely:

(a) the books, periodicals, manuscripts, and other documents kept at the State Library of Tasmania and known as the "Tasmanian Aboriginal Collection"; (b) the beneficial interest in inscribed stock for $20 000 issued by the Hydro-Electric Commission in respect of Loan No. 419 and accrued interest; (c) an amount of $41 404·15 and accrued interest standing to the credit of savings account No. 1403-5558 at the Savings Bank of Tasmania – together with any legal or equitable estate or interest in any other property, whether present or future and whether vested or contingent, and any entitlement, power, or privilege, if that estate, interest, entitlement, power, or privilege arises from the administration of the trusts arising from the Income Trust or the Research Trust, and whether it so arises before, on, or after 12th November 1984.