Queensland Cultural Centre Trust Act Amendment Act 1981 (Qld)

651 ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 79 of 1981 An Act to amend the Queensland CulturalCentre Trust Act1976 in certain particulars [ASSENTED TO 9TH NOVEMBER, 1981

652 Queensland Cultural Centre Trust Act Amendment Act 1981, No. 79 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 and citation . (1) This Act may be cited as the Queensland Cultural Centre Trust Act Amendment Act 1981. (2) The Queensland Cultural Centre Trust Act 1976 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Queensland Cultural Centre Trust Act1976-1981. 2. Amendment of s. 2. Interpretation . Section 2 of the Principal Act is amended by, in the definition " Queensland Cultural Centre " omitting the words " purposes of the Trust " and substituting the words purpose of constituting a cultural centre ". 3. Amendment of s. 3. Constitution of Trust. Section 3 of the Principal Act is amended by, in subsection (2)- (a) re-numbering subparagraph (d) as subparagraph (e); (b) inserting at the end of subparagraph (c) the following subparagraph:- (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; ". 4. Amendment of s. 6. Chairman and Deputy Chairman . Section 6 of the Principal Act is amended by inserting after subsection (5) the following subsection:- " (6) The Chairman and Deputy Chairman may be paid such remuneration as the Governor in Council fixes from time to time.". 5. Amendment of s. 9. Allowances . Section 9 of the Principal Act is amended by- (a) in subsection (1), " sub(si)ecotmiointstin(2g) tahnedw(o3r)d"s;" subsection (2) " an- d substituting the words (ii) omitting the words " are from time to time prescribed " and substituting the words " the Governor in Council fixes from time to time "; (b) inserting after subsection (2) the following subsection:- (3) If the Chairman or Deputy Chairman is paid remuneration under section 6 (6) he shall not be paid any allowances under subsection (1) 6. Amendment of s. 19. Ownership of Centre . Section 19 of the Principal Act is amended by inserting after subsection (1) the following subsection:- "(1A) The Trust in its management, control or dealing with the Centre and a statutory corporation, person or body who or which leases from

Queensland Cultural Centre Trust Act Amendment Act 1981, No. 79 653 the Trust any land or building or part thereof comprised in the Centre in his or its management, control or dealing with such land or building or part thereof shall not be subject to Part XI of the Land Act 1962-1981.". 7. New s. 19A . Power to reserve Crown land for purpose of constituting Centre. The Principal Act is amended by inserting after section 19 the following section:- " 19A. Power to reserve Crown land for purpose of constituting Centre. The Governor in Council may, under section 334 of the Land Act 1962-1981, reserve and set apart any Crown land which, in the opinion of the Governor in Council, is or may be required for the purpose of constituting the Centre. Any land so reserved and set apart shall be placed under the control of the Trust as trustee. The purposes of the Trust shall be deemed to be, and be deemed to have been on and from the commencement of this Act, public purposes within the meaning of the Land Act 1962-1981.". 8. Amendment of s. 22. Powers of Trust. Section 22 of the Principal Act is amended by, in subsection (2), omitting paragraph (b) and substituting the following paragraph:- " (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;". 9. Amendment of s. 23. Director and Assistant Directors . Section 23 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the words "Assistant Directors " and substituting the word " Managers "; (b) omitting the words " Assistant Directors " wherever appearing and substituting in each case the word " Managers ". 10. Saving . Any person who immediately prior to the passing of this Act holds the office of Assistant Director of the Queensland Cultural Centre Trust pursuant to section 23 of the Principal Act shall be deemed to be appointed to the office of Manager pursuant to that section as amended by this Act. 11. Amendment of s. 28. Observance of budget . Section 28 of the Principal Act is amended by- (a) in subsection (2) omitting all words from and including the words " shall, before making " to the end of the subsection and substituting the following words:- " 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

654 Queensland Cultural Centre Trust Act Amendment Act 1981, No. 79 (b) ensuring that the budget as approved by the Minister will not then be exceeded in total by the disbursement or excess disbursement."; (b) omitting subsection (3). 12. Amendment of s. 42. By-laws . Section 42 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection.- (IA) Without limiting the generality of paragraph (e) of subsection (1), by-laws made pursuant to that paragraph- (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 he 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 members of the Police Force 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.". 13. New s. 43. Disposal of unclaimed and perishable property. The Principal Act is amended by inserting after section 42 the following section :- "43. Disposal of unclaimed and perishable property. (I) 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 Consolidated Revenue. (2) A sale of anything pursuant to subsection (l) 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.

Queensland Cultural Centre Trust Act Amendment Act 1981, No. 79 655 (3) Before anything is sold pursuant to subsection (1), notice of the sale shall be published three 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 Act1949-1977 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.".