Queensland Cultural Centre Trust Act 1976 (Qld)

Queensland QUEENSLAND CULTURAL CENTRE TRUST ACT 1976 Reprinted as in force on 4 December 1996 (includes amendments up to Act No. 54 of 1996) Warning—see last endnote for uncommenced amendments Reprint No. 2A 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 4 December 1996. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in earlier reprints.

Queensland QUEENSLAND CULTURAL CENTRE TRUST ACT 1976 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Constitution of trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Members and their appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Disqualification from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Holders of office not affected by restrictive employment provisions . . . . . 7 12 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15 Conduct of affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 16 Common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 17 Delegation by trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 18 Protection of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 19 Ownership of centre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Trust subject to direction of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21 Functions of trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 22 Powers of trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 23 Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 24 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 25 Payment of moneys appropriated to trust’s purposes . . . . . . . . . . . . . . . . . . 12

2 Queensland Cultural Centre Trust Act 1976 26 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 27 Budget of trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 28 Observance of budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 32 Power to accept gifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 33 Exemption from duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 34 Branches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 35 Liability for damage etc. of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 36 Reward for information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 37 Description of property in complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 38 General penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 39 Proceedings generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 40 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 42 By-law making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 43 Disposal of unclaimed and perishable property . . . . . . . . . . . . . . . . . . . . . . . 18 44 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 19 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8 Provisions that have not commenced and are not incorporated into reprint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

s1 3 s2 Queensland Cultural Centre Trust Act 1976 QUEENSLAND CULTURAL CENTRE TRUST ACT 1976 [as amended by all amendments that commenced on or before 4 December 1996] An Act to provide for the establishment and incorporation of a body to be known as the Queensland Cultural Centre Trust, to make provision with respect to the administration of that body and for purposes incidental thereto ˙ Short title 1. This Act may be cited as the Queensland Cultural Centre Trust Act 1976 . ˙ Definitions 2. In this Act— “centre” means the Queensland Cultural Centre. “chairperson” means the chairperson of the trust. “deputy chairperson” means the deputy chairperson of the trust. “member” means a person occupying any of the offices of member of the trust including that of chairperson. “Queensland Cultural Centre” means the land reserved and set apart for the purpose of constituting a cultural centre at Brisbane together with the buildings and other improvements thereon. “statutory corporation” means— (a) the Library Board of Queensland; or (b) the Queensland Art Gallery Board of Trustees; or (c) the Queensland Museum Board of Trustees; or

s3 4 s5 Queensland Cultural Centre Trust Act 1976 (d) the Queensland Performing Arts Trust; or (e) the Royal Queensland Theatre Company; or (f) another entity declared under an Act to be a statutory corporation for this Act. “trust” means the Queensland Cultural Centre Trust. ˙ Constitution of trust 3.(1) There is hereby established a body under the name and style, Queensland Cultural Centre Trust. (2) The Queensland Cultural Centre Trust is a body corporate and shall have perpetual succession and a common seal and, subject to this Act, shall be capable of— (a) suing and being sued; and (b) compounding or proving in any court of competent jurisdiction all debts and sums of money due to it; and (c) acquiring, holding, and alienating (by exchange, sale, demise or otherwise) personal property or any interest therein; and (d) to hold as trustee for the purpose of constituting the centre land reserved and set apart and placed under the control of the trust as trustee pursuant to section 19A; and (e) letting or leasing land and buildings, or any part thereof comprised in the centre. (3) For the purposes of section 32 the trust may accept and hold land given to it by way of devise, bequest or gift inter vivos. (4) All courts and persons acting judicially shall take judicial notice of the common seal of the trust and, until the contrary is proved, shall presume that it was duly affixed to any document on which it appears. ˙ Members and their appointment 5.(1) The trust consists of the number of members the Governor in

s6 5 s7 Queensland Cultural Centre Trust Act 1976 Council appoints. (2) A member is to be appointed for a term of not longer than 3 years. ˙ Chairperson and deputy chairperson 6.(1) The Governor in Council shall appoint a member to be the chairperson of the trust and another to be the deputy chairperson of the trust. (2) A member appointed as the chairperson or deputy chairperson shall hold office as such until the appointment of another member as the chairperson or deputy chairperson or, as the case may be, until the expiration of the period of the member’s appointment as member or until the member otherwise ceases to be a member whichever first happens. (3) The chairperson or deputy chairperson may, by written notice addressed to the Minister resign his or her office as the chairperson or deputy chairperson. (4) Where a member appointed as the chairperson or deputy chairperson is, upon ceasing to be the chairperson or deputy chairperson by virtue of the expiration of the period of the member’s appointment as a member, reappointed as a member he or she is eligible for reappointment as the chairperson or deputy chairperson. (5) The Governor in Council may at any time remove the chairperson or deputy chairperson from office as chairperson or, as the case may be, deputy chairperson, if— (a) he or she becomes incapable, in the opinion of the Governor in Council, of discharging the duties of his or her office; (b) he or she is, in the opinion of the Governor in Council, incompetent or unfit to hold his or her office. (6) The chairperson and deputy chairperson may be paid such remuneration as the Governor in Council fixes from time to time. ˙ Vacation of office 7.(1) The office of a member shall become vacant if the member— (a) dies; or

s8 6 s8 Queensland Cultural Centre Trust Act 1976 (b) resigns the member’s office by written notice furnished to the Minister; or (c) is absent without prior leave granted by the trust from 3 consecutive meetings of the trust of which due notice has been given to the member; or (d) ceases to be qualified to be a member; or (e) is removed from office as a member by the Governor in Council. (2) The Governor in Council may at any time remove a member from office as member if— (a) the member becomes incapable, in the opinion of the Governor in Council, of discharging the duties of the member’s office; (b) the member is, in the opinion of the Governor in Council, incompetent or unfit to hold office. (3) A member who is directly or indirectly interested in a contract made or proposed to be made by the trust (otherwise than as a shareholder, and in common with the other shareholders, of an incorporated company consisting of not less than 25 shareholders) shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the member’s interest at a meeting of the trust. (4) A disclosure under subsection (3) shall be recorded in the minutes of the trust and the member— (a) shall not take part after the disclosure in any deliberation or decision of the trust with respect to that contract; and (b) shall be disregarded for the purpose of constituting a quorum of the trust for that deliberation or decision. ˙ Disqualification from office 8. A person who— (a) is an undischarged bankrupt or takes 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 done or made by the person in Queensland would have

s 9 7 s 13 Queensland Cultural Centre Trust Act 1976 constituted an indictable offence, unless the Minister is of the opinion that the circumstances of the offence do not warrant disqualification from office; (c) is a patient within the meaning of the Mental Health Act 1974 ; shall not be qualified to be or to continue as a member. ˙ Allowances 9.(1) Subject to subsection (2), each member shall be paid such allowances (if any) as the Governor in Council fixes from time to time. (2) If the chairperson or deputy chairperson is paid remuneration under section 6(6) he or she shall not be paid any allowances under subsection (1). ˙ Holders of office not affected by restrictive employment provisions 10. A provision of any enactment requiring the holder of an office to devote the whole of the person’s time to the duties of the person’s office or prohibiting the person from engaging in employment outside the duties of the person’s office shall not operate to hinder the person holding that office and also an appointment as member, chairperson or deputy chairperson of the trust or the person’s acceptance and retention of any allowance payable under this Act. ˙ Conduct of business 12. Subject to this Act, the trust shall conduct its business and proceedings at meetings in such manner as it determines from time to time. ˙ Quorum 13.(1) A quorum of the trust shall be one-half of the number of members for the time being plus 1. (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 all the functions and powers by this Act conferred or imposed upon the trust.

s 14 8 s 17 Queensland Cultural Centre Trust Act 1976 ˙ Meetings 14.(1) The trust shall meet at such times and places as it determines. (2) The chairperson shall preside at each meeting of the trust at which the chairperson is present and in the chairperson’s absence the deputy chairperson if present shall preside. (2A) If both the chairperson and deputy chairperson are absent from a meeting, a member elected at that meeting shall preside. (2B) A member elected to preside at a meeting shall, while the member presides, have all the powers, functions and immunities of the chairperson. (3) The trust shall keep a record of its proceedings at meetings. ˙ Conduct of affairs 15.(1) The trust shall exercise or perform a power, authority, function or duty by a majority vote of its members present at the meeting and voting on the business in question. (2) A member who, being present at a meeting and eligible to vote, abstains from voting shall be taken to have voted for the negative. (3) The person presiding at a meeting of the trust shall have a deliberative vote and, in the event of an equality of votes, a casting vote. ˙ Common seal 16.(1) The common seal of the trust shall be kept in the custody of the chairperson or such other member or the director as the trust may determine, and shall not be affixed to any document except by authority of a resolution of the trust and in the presence of at least 1 member and the secretary of the trust or such other person as the trust may appoint for the purpose. (2) The persons in whose presence the seal is affixed shall attest by their signatures the fact and the date of the seal being so affixed. ˙ Delegation by trust 17.(1) The trust may delegate its powers to a member, the director or an

s 18 9 s 20 Queensland Cultural Centre Trust Act 1976 employee of the trust. (2) However, the trust may not delegate its powers to make by-laws. ˙ Protection of members 18. A person is not liable for anything done or omitted in good faith by the person as a member, in, or in connection with the exercise of any power conferred or the performance of any duty imposed on the trust by this Act or reasonably believed by that person to have been conferred or imposed by this Act. ˙ Ownership of centre 19.(1) Subject to subsection (2), the trust shall be deemed for the purposes of this Act and of any action or proceeding in any court to be the absolute owner and occupier of the centre. (2) Where the trust lets or leases to any person land or buildings or any part of a building then for the purpose of any action or proceeding in any court it shall be deemed— (a) in the case of an action or proceeding that relates to such land—the tenant shall be taken to be the occupier of such land; (b) in the case of an action or proceeding that relates to the exterior of such building or to the interior structural parts of such building—the trust shall be taken to be the occupier of such building or such part; (c) in the case of an action or proceeding that relates to the interior of such building otherwise than is provided for in provision (b)—the tenant shall be taken to be the occupier of such building or such part. ˙ Trust subject to direction of Minister 20. In the exercise and performance of its functions and powers the trust shall, except where it makes or is required to make a recommendation to the Minister, be subject to the general control and direction of the Minister.

s 21 10 s 22 Queensland Cultural Centre Trust Act 1976 ˙ Functions of trust 21. The functions of the trust are— (a) to encourage and facilitate activities in artistic, scientific, cultural or performing arts throughout the State; (b) to recommend to the Minister the buildings and other improvements that should be erected on the land comprised in the centre and the location of the buildings and improvements; (c) subject to the rights, powers or duties granted to or imposed upon an occupant (being a statutory corporation) of any land, building or part thereof comprised in the centre by any other Act, to control and maintain in good order and condition and to improve the centre; (d) to maintain the provision to the buildings comprised in the centre of such services and facilities as are from time to time connected to or supplied to the centre. ˙ Powers of trust 22.(1) Subject to this Act the trust has power to do all things necessary or convenient to be done in connection with, or as incidental to, the carrying out of its functions. (2) Without limiting the generality of subsection (1), and any other powers conferred upon the trust by this Act other than this section, the powers of the trust include power— (a) to make and carry out such contracts, agreements or arrangements as are in its opinion necessary or desirable to enable it to properly perform its functions and duties or any of them; (b) to let, lease or permit to be used land, buildings or other improvements comprised in the centre to or by such persons or bodies as the trust thinks fit and for such purposes as the trust thinks fit notwithstanding that such purposes are not artistic, scientific, cultural or performing arts in nature; (c) to provide or cause to be provided meals, refreshments or catering services in connection with the use of any building comprised in the centre;

s 23 11 s 24 Queensland Cultural Centre Trust Act 1976 (d) to authorise, on such terms as it thinks fit, any person to sell any wares within the centre; (e) to acquire any patents or licences which in the opinion of the trust will assist it in exercising and performing its powers and may sell or otherwise dispose of those patents or licences; (f) to give or contribute towards prizes in competitions designed to encourage activity in artistic, scientific, cultural or performing arts within the State or to make grants or give other assistance for those purposes; (g) to provide or cause to be provided parking facilities at the centre. ˙ Director 23.(1) The director is to be appointed by the Governor in Council on the recommendation of the members. (2) The director is to be appointed for a term of not longer than 7 years. (3) The director is to be paid the remuneration decided by the Governor in Council. (4) The director holds office on the other terms decided by the Governor in Council. (5) The director has the functions and powers given by the trust. (6) The director is to be employed under this Act, and not under the Public Service Act 1996 . ˙ Employees 24.(1) The trust may employ the persons it considers necessary to perform its functions. (2) The trust may decide its employees’ terms of employment. (3) However, subsection (2) has effect subject to any relevant award or industrial agreement. (4) The trust’s employees are to be employed under this Act, and not under the Public Service Act 1996 .

s 25 12 s 28 Queensland Cultural Centre Trust Act 1976 ˙ Payment of moneys appropriated to trust’s purposes 25. The Treasurer shall pay to the trust as the need arises such moneys as are from time to time appropriated by Parliament for the purposes of the trust. ˙ Application of certain Acts 26. The trust is a statutory body under the Financial Administration andAudit Act 1977 and the Statutory Bodies Financial Arrangements Act 1982 . ˙ Budget of trust 27.(1) Before the start of each financial year, the trust must adopt and present to the Minister a budget for the financial year. (2) A budget of the trust shall be of no force or effect until it is approved by the Minister. (3) The Minister may amend a budget of the trust in such a way as the Minister thinks reasonable and shall amend it where necessary and in any item so that it shall as nearly as possible balance for the financial year to which it relates having regard to the sums that may be appropriated by Parliament to the trust and to any other revenues reasonably expected by it for that financial year. (4) When the Minister has approved of a budget of the trust the budget as approved, whether or not it has been amended pursuant to subsection (3), shall be binding upon the trust. ˙ Observance of budget 28.(1) Subject to subsection (2), the trust shall confine its disbursements throughout a financial year within the items and amounts contained in its budget for that financial year as approved by the Minister. (2) If during any financial year it appears to the trust that an extraordinary circumstance has arisen which requires that the trust make a disbursement in that financial year that was not provided for in the budget (as approved) for that financial year or that exceeds the amount estimated in respect of that disbursement in the budget (as approved) for that financial year the trust

s 32 13 s 34 Queensland Cultural Centre Trust Act 1976 may make the disbursement or excess disbursement subject to the trust’s, prior to making such disbursement or excess disbursement— (a) passing a resolution approving that the disbursement or excess disbursement be made; and (b) ensuring that the budget as approved by the Minister will not then be exceeded in total by the disbursement or excess disbursement. ˙ Power to accept gifts 32.(1) The trust may accept a gift (whether by devise, bequest or gift inter vivos) of— (a) personalty, wherever situated (other than an interest in land that is personalty) whether or not it is subject to any trust or condition; (b) land, wherever situated, that is not subject to any trust or condition. (1A) The trust may, with the approval of the Minister first had and obtained, agree with the donor of land that the land shall be applied to a purpose for which the trust is established under this Act. (2) For the purposes of the application of the rule of law known as the rule against perpetuities to any gift to the trust it shall be deemed that the purposes of the trust are charitable purposes. ˙ Exemption from duties 33. Notwithstanding the provisions of any other Act or law— (a) any instrument, agreement or contract executed or decree or order made whereby any property is transferred to the trust shall be exempt from stamp duty; (b) no gift or succession duty shall be payable in respect of any property given, devised or bequeathed to the trust. ˙ Branches 34.(1) The trust either alone or by agreement or in conjunction with any other person or body may establish, maintain and control branches of the

s 35 14 s 36 Queensland Cultural Centre Trust Act 1976 trust within the State. (2) An agreement between the trust and any other person or body shall not be entered into for the purposes of this section unless the Governor in Council has first approved of the terms of the proposed agreement. ˙ Liability for damage etc. of property 35.(1) Any person who— (a) unlawfully removes from the possession of the trust any work of art, exhibit or chattel; or (b) unlawfully damages, mutilates or destroys any work of art, exhibit or chattel in the possession of the trust; commits an offence against this Act and is liable to a penalty of 10 penalty units. (2) Without limiting or affecting any liability imposed on such person by subsection (1) or otherwise, that person shall be liable for and shall pay to the trust the full amount of the value of the work of art, exhibit or chattel so damaged, mutilated, destroyed or removed which amount may be recovered in a summary way under the Justices Act 1886 . (2A) Proceedings under subsection (2) may be taken by the trust or by any person authorised in writing in that behalf either generally, or in a particular case, by the trust. (3) Where any such damage, mutilation, destruction or removal constitutes an offence against subsection (1) or otherwise, and in any proceedings in respect thereof a person is convicted, the court convicting that person may in addition to imposing a penalty, order that person to pay to the trust the full amount of the value of the work of art, exhibit or chattel damaged, mutilated, destroyed or removed, which amount shall be recoverable as if it were part of the penalty so imposed, notwithstanding that the total of the penalty and the amount exceeds the maximum penalty that may be imposed. ˙ Reward for information 36.(1) Subject to the approval of the Governor in Council, the trust may offer and pay a reward to any person who gives information to the trust or

s 37 15 s 38 Queensland Cultural Centre Trust Act 1976 any of its officers of the commission of an offence against this Act or of the damaging, mutilation, destruction or removal from the possession of the trust of any work of art, exhibit or chattel in the possession of the trust whether the damaging, mutilation, destruction or removal is an offence against this Act or not. (2) Where proceedings are taken in any court— (a) in respect of an offence that consists in the damaging, mutilation, destruction or removal of a work of art, exhibit or chattel in the possession of the trust and a conviction is recorded; or (b) for recovery of the full amount or a portion of the value of a work of art, exhibit or chattel referred to in paragraph (a) that is damaged, mutilated, destroyed or removed and an order for payment of such value or part thereof is made; the court may, in addition, order the person against whom the proceedings are taken to pay to the trust the amount of any reward that the trust has paid or is required to pay for information relating to the damaging, mutilation, destruction or removal and that amount shall be recoverable under the order so made. ˙ Description of property in complaint 37. In any proceeding taken in respect of the stealing, damaging, mutilation or destruction of a work of art, exhibit or chattel in the possession of the trust or in respect of the removal of any of the same from the possession of the trust and in which proceeding it is material to prove ownership of the item in question it shall be sufficient to allege ownership of the item as being in the trust. ˙ General penalty 38.(1) A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and, save where a specific penalty is otherwise provided, is liable to a penalty of 10 penalty units. (2) All penalties recovered in respect of offences against this Act shall be paid to the trust.

s 39 16 s 42 Queensland Cultural Centre Trust Act 1976 ˙ Proceedings generally 39.(1) An offence against this Act may be prosecuted in a summary way under the Justices Act 1886 upon the complaint of the secretary of the trust, or a person authorised by the trust in that behalf. (2) A prosecution for an offence against this Act may be commenced within 1 year from the time when the matter of complaint arose or within 6 months after the matter of complaint comes to the knowledge of the complainant whichever is the period later to expire. ˙ Evidentiary provisions 40. In any proceeding for the purposes of this Act— (a) a statement in a complaint commencing that proceeding of the date on which the matter of complaint came to the knowledge of the complainant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence thereof; (b) proof shall not be required of the authority of any person to prosecute an offence against this Act or to take any proceeding on behalf of the trust unless evidence is given to the contrary; (c) proof shall not be required of the appointment of the secretary of the trust or of any other officer appointed for the effectual administration of this Act or of the signature of the secretary. ˙ By-law making power 42.(1) The trust may make by-laws under this Act. (2) A by-law may make provision about— (a) the general management and control of the centre (other than land or a building or part thereof occupied by a statutory corporation); and (b) regulating the conduct of the proceedings of the trust, including the times, places and conduct of its meetings; and (c) the management of the affairs of the trust; and (d) the admission (including charges therefor) or exclusion or

s 42 17 s 42 Queensland Cultural Centre Trust Act 1976 removal of the public or any person to or from the centre or any part thereof (other than land or a building or part thereof occupied by a statutory corporation) or any part thereof or any other land, building or place of which the trust has the management or control or any part thereof. (3) A by-law— (a) may provide that the owner of a vehicle shall be liable for the offence consisting of bringing onto or parking or standing on the centre in breach of the trust’s by-laws whether or not the owner was in charge of the vehicle at the material time; (b) may define the person who shall be taken to be the owner of a vehicle for the purposes of the by-law; (c) may prescribe the proof necessary or sufficient to establish the owner’s identity; (d) may provide for the recovery of a penalty for an offence against the by-laws from the owner of the vehicle concerned as well as from the person in charge of the vehicle at the material time; (e) may provide that the land comprised in the centre or any part thereof to be specified with reasonable certainty shall be a public place within the meaning and for the purposes of any Act conferring or imposing upon police officers powers or duties with respect to public places or providing for the punishment of offences committed in public places, whereupon such land or part thereof shall be a public place accordingly. (4) Any by-law made under subsection (2)(a) or (d) with respect to any branch of the Trust shall be subject to any agreement with respect to that branch made under the provisions of section 34. (5) The by-laws may impose a penalty for any breach thereof not exceeding 4 penalty units. (6) A by-law must be approved by the Governor in Council. 1 1 A by-law is subordinate legislation (see StatutoryInstrumentsAct1992 , sections 7, 8(b)(i) and 9(1)(a))

s 43 18 s 44 Queensland Cultural Centre Trust Act 1976 ˙ Disposal of unclaimed and perishable property 43.(1) Subject to this section, where anything (whether animate or inanimate) is found on any land or in any building comprising the centre and there are reasonable grounds for suspecting that the thing has been abandoned by the person who last used it and that is unclaimed within 4 months shall, where so directed by the trust, be sold and disposed of by public auction and the proceeds of the sale less any costs incurred by the trust in storing or selling the thing shall, unless claimed within 12 months, be paid into the consolidated fund. (2) A sale of anything pursuant to subsection (1) shall be valid against all persons, and the person selling any such thing shall not be liable to pay any stamp or other duty in respect of the sale. (3) Before anything is sold pursuant to subsection (1), notice of the sale shall be published 3 several times in a newspaper circulating in the Brisbane district and, if the thing is not to be sold in Brisbane, in the district in which it is to be sold. (4) Where anything specified in subsection (1) is a motor vehicle within the meaning of the Traffic Act 1949 and the trust considers that it has a value of less than $1 000, or in respect of any other thing so specified in that subsection that it has a value of less than $100 that vehicle or other thing may be disposed of in such manner as the trust directs. (5) Where the trust considers that anything specified in subsection (1) is of a perishable nature or is unsaleable or, if it consists of food, it may in its discretion direct that it be delivered to the officer in charge of a benevolent institution for the benefit of its inmates or disposed of to a charitable purpose. (6) Where the trust considers that anything specified in subsection (1) is so perished, contaminated, deteriorated, dilapidated, worn, in disrepair or otherwise in such state or condition as to be dangerous or unfit for use for the purpose it was intended to be used or for any other purpose for which it is capable of being used, it may, in its discretion direct that it be destroyed. ˙ Regulation making power 44. The Governor in Council may make regulations under this Act.

19 Queensland Cultural Centre Trust Act 1976 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 8 Provisions that have not commenced and are not incorporated into reprint . . 24 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 4 December 1996. Future amendments of the Queensland Cultural Centre Trust Act 1976 may be made in accordance with this reprint under the Reprints Act1992, section 49.

20 Queensland Cultural Centre Trust Act 1976 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes an arabic letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 52 of 1988 22 December 1994 2 to Act No. 58 of 1995 13 December 1995 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed citations and remade laws Changed names and titles Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1

21 Queensland Cultural Centre Trust Act 1976 ´ 6 List of legislation Queensland Cultural Centre Trust Act 1976 No. 32 date of assent 28 April 1976 commenced 3 March 1977 (proc pubd gaz 5 March 1977 p 908) as amended by— Queensland Cultural Centre Trust Act Amendment Act 1981 No. 79 date of assent 9 November 1981 commenced on date of assent Public Service Management and Employment Act 1988 No. 52 s 44 sch 3 date of assent 12 May 1988 ss 1–2 commenced on date of assent commenced 18 July 1988 (proc pubd gaz 16 July 1988 p 2876) Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions not yet proclaimed into force ´ 7 List of annotations Short title prov hdg amd 1995 No. 58 s 4 sch 1 s 1 amd 1995 No. 58 s 4 sch 1 Definitions prov hdg sub 1995 No. 58 s 4 sch 1 s 2 def “by-laws” om 1995 No. 58 s 4 sch 1 def “financial year” om 1995 No. 58 s 4 sch 1 def “Minister” om R1 (see RA s 39) def “Queensland Cultural Centre Trust” amd 1981 No. 79 s 2 om 1995 No. 58 s 4 sch 1 def “statutory corporation” sub 1995 No. 58 s 4 sch 1 def “trust” sub 1995 No. 58 s 4 sch 1 Constitution of trust s 3 amd 1981 No. 79 s 3

22 Queensland Cultural Centre Trust Act 1976 First members s 4 om R1 (see RA s 37) Members and their appointment s 5 sub 1995 No. 58 s 4 sch 1 Chairperson and deputy chairperson s 6 amd 1981 No. 79 s 4; 1995 No. 58 s 4 sch 1 Vacation of office s 7 amd 1995 No. 58 s 4 sch 1 Allowances s 9 amd 1981 No. 79 s 5; 1995 No. 58 s 4 sch 1 Holders of office not affected by restrictive employment provisions s 10 amd 1995 No. 58 s 4 sch 1 Casual vacancies s 11 om 1995 No. 58 s 4 sch 1 Quorum s 13 amd 1995 No. 58 s 4 sch 1 Delegation by trust s 17 sub 1995 No. 58 s 4 sch 1 Ownership of centre s 19 amd 1981 No. 79 s 6; 1995 No. 58 s 4 sch 1 Power to reserve Crown land for purpose of constituting centre s 19A ins 1981 No. 79 s 7 om 1995 No. 58 s 4 sch 1 Trust subject to direction of Minister s 20 amd 1995 No. 58 s 4 sch 1 Powers of trust s 22 amd 1981 No. 79 s 8 Director prov hdg amd 1981 No. 79 s 9(a) s 23 amd 1981 No. 79 s 9(b) sub 1995 No. 58 s 4 sch 1 amd 1996 No. 37 s 147 sch 2 Employees s 24 amd 1988 No. 52 s 44 sch 3 sub 1995 No. 58 s 4 sch 1 amd 1996 No. 37 s 147 sch 2 Application of certain Acts prov hdg sub 1996 No. 54 s 9 sch s 26 sub 1995 No. 58 s 4 sch 1 amd 1996 No. 54 s 9 sch

23 Queensland Cultural Centre Trust Act 1976 Budget of trust s 27 amd 1995 No. 58 s 4 sch 1 Observance of budget s 28 amd 1981 No. 79 s 11 Power to borrow moneys s 29 om 1995 No. 58 s 4 sch 1 Annual report s 30 om 1995 No. 58 s 4 sch 1 Investment of moneys s 31 om 1995 No. 58 s 4 sch 1 Power to accept gifts s 32 amd 1995 No. 58 s 4 sch 1 Liability for damage etc. of property s 35 amd 1995 No. 58 s 4 sch 1 General penalty s 38 amd 1995 No. 58 s 4 sch 1 Regulations s 41 om 1995 No. 58 s 4 sch 1 By-law making power prov hdg sub 1995 No. 58 s 4 sch 1 s 42 amd 1981 No. 79 s 12; 1995 No. 58 s 4 sch 1 Disposal of unclaimed and perishable property s 43 ins 1981 No. 79 s 13 Regulation making power s 44 ins 1995 No. 58 s 4 sch 1

24 Queensland Cultural Centre Trust Act 1976 ´ 8 Provisions that have not commenced and are not incorporated into reprint The following provisions are not incorporated in this reprint because they had not commenced before the reprint date (see Reprints Act 1992, s 5(c)). Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 s 9 sch reads as follows— 1. Section 26, heading— omit, insert — ‘ Application of financial legislation ’. 2. Section 26— insert— ‘ (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the trust’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .’. © State of Queensland 1996