Sporting Bodies (Natural Disaster Relief) Act 1974 (Qld)

616 ANNO VICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE No. 64 of 1974 An Act to authorize the Treasurer to make grants and advances to sporting bodies suffering damage to or loss of facilities or other detriment through flood or other natural disaster , and for purposes connected therewith [ASSENTED TO 18TH OCTOBER, 1974] 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. This Act may be cited as the Sporting Bodies (Natural Disaster Relief) Act 1974.

Sporting Bodies (Natural Disaster Relief) Act 1974. No. 64 617 2. Meaning of terms. In this Act, unless the contrary intention appears- " the committee " means the committee constituted pursuant to section 6; " the Fund " means The Sporting Bodies Relief Fund established pursuant to section 10; " the Minister " means the Minister for Tourism, Sport and Welfare Services or other Minister of the Crown charged, at the material time, with the administration of this Act: the term includes any Minister of the Crown who is temporarily performing the duties of the Minister; " sporting body " means any body or association of persons, whether incorporated or unincorporated, formed for or having as its object the furtherance, or the control, development or promotion, of any form of recreational activity engaged in competitively: the term does not include a racing club or a coursing club within the meaning of the Racing and Betting Act 1954-1972; " the Treasurer " means The Treasurer of Queensland being the corporation sole referred to in section 3. 3. Treasurer as corporation sole. " The Treasurer of Queensland ", being the corporation sole constituted by the Treasurer and his successors in office under The Treasury Funds Investment Acts, 1958 to 1964 for the purposes of those Acts, shall be such corporation sole for the purposes of this Act, and the provisions of section 4 of those Acts shall be applicable to such corporation sole for the purposes of this Act. 4. Relief to sporting bodies. For the purpose of affording relief to sporting bodies that have sustained damage to or loss of facilities as a result of flood or other natural disaster, the Treasurer, with the approval of the Governor in Council, may make grants and advances by way of loan to such sporting bodies for restoration or replacement of or repairs to such facilities in accordance with the provisions of this Act. 5. Application by sporting body for relief . (1) A sporting body that has sustained damage to or loss of facilities as a result of flood or other natural disaster may make application to the Minister for financial assistance in respect of such damage or loss. (2) The application shall be in writing and shall set out fully details of the reasons for the seeking of financial assistance, the type of financial assistance sought, the nature and extent of the damage to or loss of facilities, the nature and extent of the restoration, replacement or repair work considered necessary, the capacity of the sporting body to repay any advance by way of loan made' to it and to pay interest thereon and the security available for the purpose of securing the repayment of any advance by way of loan and the payment of interest thereon, and shall contain or be accompanied by such other information, particulars, documents and other writings as may be prescribed or, where or to the extent not prescribed, as required by the Minister.

618 Sporting Bodies ( Natural Disaster Relief) Act 1974, No. 64 6. Committee. (I) For the purposes of this Act there shall be constituted a committee of three persons. (2) The Governor in Council shall by Order in Council specify three offices of departments of the Government of the State the holders of which shall be the members of the committee, and the holders for the time being of those offices shall be the members of the committee accordingly. (3) The Governor in Council shall specify in the Order in Council the office the holder of which shall be chairman of the committee, and the holder for the time being of that office shall be the chairman accordingly. (4) The committee shall meet at such times and places and conduct its business in such manner as may be prescribed or, where or to the extent not prescribed, as it may from time to time determine. 7. Functions of committee. (1) The committee shall examine every application for relief made by a sporting body pursuant to section 5 and. having regard to such matters with respect to the granting of relief as may be prescribed or as may be determined by the Governor in Council, shall make its recommendation with respect to every such application to the Treasurer. (2) The committee shall perform such additional functions as may be prescribed. 8. Decision in respect of application . (1) Where the Treasurer is of the opinion that an application for financial assistance should be granted in whole or in part, he shall recommend to the Governor in Council that the application be approved by the Governor in Council either in whole or in part. (2) The Governor in Council may approve the application either in whole or in part or he may refuse to approve it. (3) Approval by the Governor in Council of an application shall be by Order in Council. (4) The Governor in Council shall in the Order in Council specify in the case of a grant, the amount of the grant and the terms and conditions subject to which the grant is made, and, in the case of an advance by way of loan, the amount of the loan and such other matters and things in relation thereto as the Governor in Council thinks fit. Without limiting the generality of the foregoing. matters specified in relation to an advance by way of loan shall include- (a) the terms. provisions and conditions of the advance by way of loan to be made including the period of the loan and the repayments and payment and rate of payment of interest in respect thereof; and (b) the property or assets over which security is to be given by the sporting body or other security to be given by it and the nature of the security to be taken over such property or assets or to be taken otherwise.

Sporting Bodies (Natural Disaster Relief) Act 1974, No. 64 619 9. Payments with respect to grants and advances . (1) Security given by a sporting body in respect of an advance by way of loan shall be given in favour of and taken by the Treasurer who shall, on such security being given, advance the amount of the loan approved by the Governor in Council to the sporting body concerned in accordance with the terms, provisions and conditions of the advance, and repayments of the amount advanced and payments of interest thereon shall be paid to and received by the Treasurer. (2) Payment of any grant approved by the Governor in Council to be made to any sporting body shall be made by the Treasurer. 10. Sporting Bodies Relief Fund . (1) There shall be established in the Treasury a Fund called " The Sporting Bodies Relief Fund ". (2) There shall be paid into the Fund- (a) all moneys appropriated by Parliament for the purposes of this Act; (b) all moneys received from other sources for the purposes of this Act or generally for the purpose of making advances to sporting bodies that have sustained damage to or loss of facilities as a result of flood or other natural disaster; (c) all moneys repaid to the Treasurer and interest paid in respect of advances by way of loan made under this Act. (3) There shall be paid out of the Fund- (a) all advances by way of loan; (b) all grants approved by the Governor in Council to be made under this Act. 11. Restriction on advances in case of some unincorporated bodies. (1) An advance by way of loan shall not be given under this Act in respect of a sporting body that is an unincorporated body unless provision is contained in its constitution and rules empowering it to borrow money and authorizing its trustees to give to the lender of money a mortgage, charge or other security over its assets. (2) A sporting body referred to in subsection (1) shall not alter its constitution or rules in relation to the matters specified in that subsection during the currency of the repayment by it of an advance by way of loan made to it under this Act without the consent in writing of the Treasurer first had and obtained, and any such alteration without such consent shall be of no force or effect. 12. Moneys advanced to be a debt due to Her Majesty. Without prejudice to any other right or remedy had by the Treasurer under this Act or under or in accordance with any security in favour of-the Treasurer to secure the repayment to the Treasurer of any advance by way of loan and the payment of interest thereon, all moneys payable to or recoverable by the Treasurer in respect of any advance as aforesaid shall be a debt due and payable to Her Majesty, and payment thereof may be enforced accordingly in any court of competent jurisdiction.

620 Sporting Bodies (Natural Disaster Relief) Act 1974, No. 64 13. Holding and disposal of security. For the purposes of this Act the Treasurer may hold, until the same can be advantageously disposed of, any property real or personal taken by him or to which he has become entitled as security for or in satisfaction, liquidation or discharge of any debt owing to him. 14. Regulations . The Governor in Council may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.