Trotting Authority (Amendment) Act 1981 (NSW)

TROTTING AUTHORITY (AMENDMENT) ACT,

1981, No. 3

jSeto

Wales!

ANNO TRICESIMO

ELIZABETHiE II REGINT]

Act No. 3, 1981.

An Act to amend the Trotting Authority Act, 1977, to establish the Trotting Authority Assistance Fund and the Trotting Authority Benevolent Fund, to provide for the administration of those Funds and to transfer to the Trotting Authority of Ne\v South Wales the property and administration of 2 privately established benevolent funds. [Assented to, 24th March, 1981.1

A ct No. 3, 1981.

Trotting Authority {Amendment).

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

Short title.

1. This Act may be cited as the “Trotting Authority (Amend

ment) Act, 1981”.

Commencement.

2. (1) This section and section 1 shall commence on the date

of assent to this Act.

(2)

Except as provided in subsection (1), this Act shall

commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Amendment of Act No. 57, 1977.

3. The Trotting Authority Act, 1977, is amended in the

manner set forth in Schedule 1.

Transfer of certain property to the Authority,

4. (1) In this section—

“appointed day” means the day appointed and notified under

section 2 (2);

“Authority” means the Trotting Authority of New South

Wales constituted by the Trotting Authority Act, 1977;

“Benevolent Fund” means the Trotting Authority Benevolent Fund established under section 13b of the Trotting Authority Act, 1977, as amended by this Act;

“former trustees” means—

(a)	in relation to the Trotting Club Fund—the persons who, immediately before the appointed day, were the trustees of the Trotting Club Fund; and

925-2

3 A ct No. 3, 1981.

Trotting Authority {Amendment).

(b)	in relation to the Weston Fund—the persons who, immediately before the appointed day, were the trustees of the Weston Fund;

‘Trotting Club Fund” means the Trust Fund established by

deed dated 16th March, 1964, and otherwise known as

the New South Wales Trotting Club Benevolent Fund;

‘Weston Fund” means the Trust Fund established by deed dated 23rd October, 1974, to assist the dependants of the late Stephen Weston.

(2)	In respect of the Trotting Club Fund and the Weston

Fund, on and from the appointed day—

(a)	the trusts, terms and conditions upon which those Funds were held immediately before that day shall be revoked and annulled;
(b)	a former trustee shall vacate his office as such a trustee and shall be freed and discharged from any duties, liabilities or obligations as such a trustee;
(c)	the provisions of a trust instrument under which a former trustee was appointed as a trustee of either of those Funds, being provisions relating to the appointment of new trustees or the retirement of trustees, shall cease to have effect;
(d)	all real and personal property and all right and interest therein and all management and control thereof that, immediately before that day, were vested in or belonged to the former trustees shall vest in and belong to the Authority;
(e)	all money and liquidated and unliquidated claims that, immediately before that day, were payable to or recover able by the former trustees shall be money and liquidated and unliquidated claims payable to or recoverable by the Authority;

A ct No. 3, 1981.

Trotting Authority {Amendment).

(f)	all suits, actions and proceedings pending immediately before that day at the suit of the former trustees shall be respectively suits, actions and proceedings pending at the suit of the Authority and all suits, actions and proceedings so pending at the suit of any person against the former trustees shall be respectively suits, actions and proceedings pending at the suit of that person against the Authority;
(g)	all contracts, agreements, arrangements and undertak ings entered into with and all securities lawfully given to or by the former trustees and in force immediately before that day shall be deemed to be contracts, agree ments, arrangements and undertakings entered into with and securities given to or by the Authority;
(h)	the Authority may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this subsection and for the prosecution of suits, actions and proceedings so referred to as the former trustees might have done but for the enactment of this Act;

(i) the Authority may enforce and realise any security or charge existing immediately before that day in favour of the former trustees and may exercise any powers thereby conferred on the former trustees as if the security or charge were a security or charge in favour of the Authority;

(j) all

debts,

money

and

claims,

liquidated

and

unliquidated, that, immediately before that day, were due or payable by, or recoverable against, the former trustees shall be debts, money and claims due or payable by, or recoverable against, the Authority;

(k)	all liquidated and unliquidated claims for which the former trustees would, but for the enactment of this Act, have been liable shall be liquidated and unliquidated claims for which the Authority shall be liable; and

Act No. 3, 1981.

Trotting Authority {Amendment).

(1) any property (other than money referred to in subsec tion (3 )) vested in or received by the Authority pursuant to this subsection in respect of property which, immediately before that day, comprised those Funds shall be held by the Authority and may be applied in or towards the assistance of a person to whom section

13b (4 ) (a) of the Trotting Authority Act, 1977, as

amended by this Act, applies.

(3) On and from the appointed day—

(a)	any money vested in or received by the Authority pur suant to subsection (2) in respect of property which, immediately before that day, comprised the Trotting Club Fund shall be deemed to be money received by the Authority for payment into the Benevolent Fund; and
(b)	any money vested in or received by the Authority pur suant to subsection (2) in respect of property which, immediately before that day, comprised the Weston Fund shall be deemed to be money acquired by the Authority

'	pursuant to section 13e of the Trotting Authority Act,
1977, as amended by this Act, subject to the condition
(to which the Authority shall be deemed to have agreed pursuant to that section) that the money be invested, that the income from the investment of the money be paid to Lorraine Weston, the mother of the infant children of the late Stephen Weston, or any other guardian, for the time being, of those children, for the purposes of providing school clothing, school books and school fees for those children during their infancy and that the income con tinue to be so paid until the youngest of those children shall have attained the age of 18 years or until such other time as the Minister may determine under subsection (5) and that money and income shall be carried to a separ ate account in the Benevolent Fund accordingly.

(4)

Every person who, immediately before the appointed

day, was in receipt of any periodic payment or who enjoyed any other benefit as a beneficiary under the Trotting Club Fund or the Weston Fund shall, on and from the appointed day, subject to this

A ct No. 3, 1981.

Trotting Authority (Amendment).

section and to any determination of the Minister under subsection (5), continue to receive the same periodic payment or to enjoy the same benefit out of the Benevolent Fund.

(5) The Minister may, at any time, make any determina tion in respect of a person referred to in subsection (3) (b) or (4) that could have been made by the former trustees in respect of the Trotting Club Fund or the Weston Fund, as the case may require, had this Act not been enacted, and any such determination shall have effect according to its tenor.

(6) To the extent to which, by a deed, will or other instru

ment that takes effect on or after the appointed day, any property is devised, bequeathed, given, granted, released, conveyed or appointed to the former trustees or to any other person to be applied for the purposes of the Trotting Club Fund or the Weston Fund the deed, will or other instrument shall be read and construed and shall take effect as if a reference therein—

(a)	to the former trustees were a reference to the Authority; and
(b)	to the Trotting Club Fund or the Weston Fund were a reference to the Benevolent Fund.

SCHEDULE 1.

(Sec. 3.)

A m endm ents to the T rotting Authority A c t ,

1977.

(1) (a) Section 4, definition of “Assistance Fund”—

Before the definition of “Authority”, insert :—

“Assistance Fund” means the Trotting Authority Assistance Fund established under section 13 a;

Act No. 3, 1981.

Trotting Authority (Amendment).

SCHEDULE 1—continued.

A m endm ents to the T rotting A uthority A ct ,

1977—

continued.

(b) Section 4, definition of “Benevolent Fund”—

After the definition of “Authority”, insert :—

“Benevolent Fund” means the Trotting Authority Benevolent Fund established under section

13b ;

(2) Section 8 (2) (el)—

After section 8 (2) (e), insert :—

(e l) with the approval of the Minister, to accept, hold and administer property on trust or subject to a condition that the property be applied for or towards any one or more of the following pur poses :—^

(i) the promotion or advancement of trotting;

(ii) the development and welfare of the trotting industry;

(iii) the assistance of persons who are or have, at any time, been associated with the trotting industry;

(iv) the assistance of persons who are or have, at any time, been the dependants of persons associated with the trotting industry;

(3) (a) Section 11 (2 )—

After “Act”, insert “, other than money required to be paid into the Assistance Fund or the Benevolent Fund”.

A ct No. 3, 1981.

Trotting Authority {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T rotting A uthority A c t ,

1977—

continued.

(b) Section 11 (3 )—

Omit the subsection, insert instead :—

(3) There shall be paid out of the Fund—

(a)	all expenses (including payments to mem bers, officers and employees of the Authority) incurred by the Authority in the exercise or performance of its functions under this Act;
(b)	money granted or advanced on loan pursuant to section 8 (2) (e); and
(c)	such amounts as the Minister may from time to time direct be paid into the Assistance Fund or the Benevolent Fund (which direc tion the Minister is hereby authorised to give).

(4 )	Sections 13a-1 3 e—

After section 13, insert :—

Trotting Authority Assistance Fund.

13a. (1 ) There shall be established by the Authority,

in a bank in New South Wales, a fund to be called the

“Trotting Authority Assistance Fund”.

(2) There shall be paid into the Assistance

Fund—

(a)	such amounts as the Minister, pursuant to section 11 (3) (c), has directed be paid into the Assist ance Fund;
(b)	any money received by the Authority for pay ment into the A.ssistance Fund;

A ct No. 3, 1981.

Trotting Authority (Amendment).

SCHEDULE 1—continued.

A m endm ents to the T rotting A uthority A ct ,

1977—

continued.

(c)	any money acquired by the Authority pursuant to section 13e , not being money so acquired on trust or subject to a condition that it be applied in or towards the assistance of a person to whom section 13b (4) (a) applies;

(d) any money received by the Authority—

(i) in respect of any loan advanced from money within the Assistance Eund;

(ii) in payment of interest on any such loan; and

(iii) in payment of any charges, costs and expenses incurred in respect of any such loan; and

(e)	the income derived from the investment of any money within the Assistance Fund.

(3)	Where any money authorised to be paid into

the Assistance Fund pursuant to subsection (2) (c) is subject to a trust or condition to which the Authority lias agreed, the money (and any interest or income derived from the investment of that money) shall be carried to a separate account in the .Assistance Fund established for the purpose of the trust or of fulfilling the condition.

(4) There may be paid out of the Assistance

Fund-

(a)	in respect of money which has not been carried to a separate account in the Assistance Fund—

(i) with the approval of the Minister, grants or loans (whether with or without interest) to any person for or towards any one or more of the purposes referred to in section 8 (2) (e l) ; and

Act No. 3, 1981.

Trotting Authority {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T rotting A uthority A c t ,

1977—

continued.

(ii) such amounts as the Minister may from time to time direct be paid into the Benevolent Fund (which direction the Minister is hereby authorised to give);

(b)	in respect of money which has been carried to a separate account in the Assistance Fund, that money (and any interest or income derived from the investment of that money) subject to the trust or condition on which that money is held; and
(c)	all charges, costs and expenses incurred by the Minister or the Authority in the exercise or performance of his or its functions in respect of the Assistance Fund, those charges, costs and expenses being borne by or apportioned to any separate account in the Assistance Fund to such extent, if any, as the Authority may determine.

Trotting Authority Benevolent Fund.

13b . (1 ) There shall be established by the Authority,

in a bank in New South Wales, a fund to be called the

“Trotting Authority Benevolent Fund”.

(2) There shall be paid into the Benevolent

Fund—

(a)	such amounts as the Minister, pursuant to section 11 (3) (c), has directed be paid into the Benevolent Fund;
(b)	any money received by the Authority for payment into the Benevolent Fund;

Act No. 3, 1981.

Trotting Authority {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T rotting A uthority A c t ,

1977—

continued.

(c)	any money acquired by the Authority pursuant to section 13e on trust or subject to a condition that it be applied in or towards the assistance of a person to ’whom subsection (4) (a) applies;

(d) any money received by the Authority—

(i) in respect of any loan advanced from money within the Benevolent Fund;

(ii) in payment of interest on any such loan; and

(iii) in payment of any charges, costs and expenses incurred in respect of any such loan; and

(e)

the income derived from the investment of any money within the Benevolent Fund.

(3)	Where any money authorised to be paid into

the Benevolent Fund pursuant to subsection (2) (c) is, under the terms of a trust, or by virtue of a condition, to which the Authority has agreed, required to be applied in or towards the assistance of a specified person or a specified class or description of persons, being a person or persons from within the class of persons to whom subsection (4) (a) applies, the money (and any interest or income derived from the investment of that money) shall be carried to a separate account in the Benevolent Fund established for the purpose of the trust or of fulfilling the condition.

(4) There may be paid out of the Benevolent

Fund—•

(a)	in respect of money which has not been carried to a separate account in the Benevolent Fund, with the approval of the Minister, grants or

A ct No. 3, 1981.

Trotting Authority {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T rotting A uthority A c t ,

1977—

continued.

loans (whether with or without interest) to any person who is in indigent circumstances and who is or has, at any time, been—

(i) an owner, trainer or driver of trotting horses;

(ii) a person employed in a stable of trotting horses;

(iii) a person who has rendered valuable service to trotting; or

(iv) a dependant of a person referred to in subparagraph (i), (ii) or (iii);

(b)	in respect of money which has been carried to a separate account within the Benevolent Fund, that money (and any interest or income derived from the investment of that money) subject to the trust or condition on which that money is held; and
(c)	all charges, costs and expenses incurred by the Minister or the Authority in the exercise or per formance of his or its functions in respect of the Benevolent Fund, those charges, costs and expenses being borne by or apportioned to any separate account in the Benevolent Fund to such extent, if any, as the Authority may determine.

Delegation by Minister.

13c. (1) The Minister may, by instrument in writing, delegate to the Authority the exercise or performance of his function of approving the payment of grants, or the making of loans, referred to in section 13a (4 ) (a) or

13b (4 ) (a), and may, by instrument in writing, revoke

any such delegation.

A ct No. 3, 1981.

Trotting Authority (Amendment).

SCHEDULE 1—continued.

A m endm ents to the Trotting A uthority A ct ,

1977—■

continued.

(2) Where the Minister makes a delegation under subsection (1), the Authority may, while the delegation remains unrevoked, exercise or perform the delegated function from time to time in accordance with the terms of the delegation.

(3) A delegation under subsection (1) may be made subject to such conditions or limitations as to the exercise or performance of the delegated function, or as to time or circumstance, as are specified in the instrument.

(4)	Notwithstanding a delegation under subsec

tion (1), the Minister may continue to exercise or perform

the delegated function.

(5)	The approval, by the Authority, of the pay

ment of a grant, or the making of a loan, referred to in section 13a (4) (a) or 13b (4) (a), while acting in the exercise of a delegation under subsection (1), has the same force and effect as if the approval were an approval of the Minister under section 13a (4) (a) or 13b (4) (a), as the case may require, and shall be deemed to be an approval of the Minister under section 13a (4) (a) or 13b (4) (a), as the case may require.

(6)	An instrument purporting to be executed by

the Authority in its capacity as a delegate of the Minister under this section shall in all courts and before all persons acting judicially be received in evidence as if it were an instrument executed by the Minister and, until the con trary is proved, shall be deemed to be an instrument executed by the Authority in its capacity as a delegate of the Minister under this section.

A ct No. 3, 1981.

Trotting Authority {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T rotting A uthority A c t ,

1977—

continued.

Investment of certain money.

13d. Money within the Assistance Fund or the Bene volent Fund may, pending its application, be invested by the Authority with the Treasurer or in any manner in which trustees are for the time being authorised to invest trust funds.

Power of Authority to accept gifts, etc.

13e . (1 ) The Authority, with the approval of the Minister, may acquire, by gift inter vivos, devise or bequest, any property for a purpose referred to in section 8 (2) (e l) and may agree to a trust or condition on which the property is required to be held.

(2) The rule of law against remoteness of vesting shall not apply to any such trust or condition to which the Authority has agreed.

(3)	Where the Authority acquires property under

subsection

(1 )—

(a)	neither an instrument that effects the acquisition nor any agreement pursuant to which the pro perty is acquired is chargeable with duty under the Stamp Duties Act, 1920; and
(b)	the property, or the value of the property, shall not be included in the dutiable estate of the donor or testator for the purposes of assessing death duty under that Act.

15 A ct No. 3, 1981.

Trotting Authority {Amendment).

SCHEDULE 1—continued.

A m endm ents to the T rotting A uthority A ct ,

1977—

continued.

(5) Section 21 (1)-

After “section 8 (2) (d )”, insert	the exercise of a dele
gation under section 13c (1 )”.