{"id":"nsw:act-1969-061","name":"C.B. Alexander Foundation Incorporation Act 1969","slug":"c-b-alexander-foundation-incorporation-act-1969","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"61 of 1969","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110566,"registerId":"nsw-act-1969-061-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [C.B. Alexander Foundation Incorporation Act 1969](/view/html/inforce/current/act-1969-061).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Act, except in so far as the context or subject-matter otherwise indicates or requires:\n> \n> estate trustees means trustees for the time being of the Will.\n> \n> Foundation means C.B. Alexander Foundation constituted by this Act.\n> \n> member means member of the Foundation.\n> \n> order means decretal order dated the seventeenth day of May, one thousand nine hundred and sixty-three made by the Supreme Court of New South Wales that approved the proposals made by the Presbyterian Church of Australia in New South Wales in the matter of the trusts of the Will.\n> \n> the C.B. Alexander Agricultural College means the college that, immediately before the commencement of this Act, was maintained pursuant to the order on the land described in the Schedule to this Act and includes any college or like institution maintained after that commencement under that name, or under any other name, on that land or any part thereof, whether or not the same college or like institution is also maintained on other land.\n> \n> the Will means the will and two codicils of Charles Boyd Alexander late of “Tocal”, Paterson, New South Wales.\n> \n> Trust means The Presbyterian Church (New South Wales) Property Trust.\n> \n> trust property means land and other property vested in or belonging to the Foundation but does not include:\n> \n> > (a) moneys paid to the Foundation under section eight of this Act or any interest thereon or income therefrom or investment thereof or any conversion of any such investment, or\n> \n> > (b) property that, immediately before it vested in the Foundation, was held by the estate trustees in connection with the payment under the Will of annuities to Margarita Curtis and Myrtle Eliza Curtis or to or in respect of any income therefrom or interest thereon or investment thereof or any conversion of any such investment.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Constitution of Foundation","content":"#### 3 Constitution of Foundation\n\n3 Constitution of Foundation\n\n> > (1) There is hereby constituted a corporation under the corporate name of “C.B. Alexander Foundation”.\n> \n> > (2) The members of the Foundation shall be appointed by the Minister and shall consist of five persons, of whom:\n> > \n> > > (a) one shall be Edward Alan Hunt, Esquire, or if he is unable or unwilling to act as a member or vacates his office as a member, such person as he may nominate to the Minister for the purpose before or at the time notice of his inability or unwillingness is given to the Minister, or his office as a member is vacated, as the case may be, whether or not such a nomination is made before or after the commencement of this Act or, in default of any such nomination, the law agent of the Presbyterian Church of Australia in New South Wales at the time of that inability, unwillingness or vacation of office, and\n> > \n> > > (b) one shall be Colin Hector Dunlop, Esquire, while he remains one of the estate trustees.\n> \n> > (3) The Minister may, by the instrument of appointment or by another instrument, appoint a member to be the Chairman of the Foundation.\n> \n> > (4) A member (other than a member referred to in paragraph (a) or (b) of subsection two of this section) shall, subject to this Act, hold office as a member for such period, not exceeding seven years, as may be specified in the instrument of appointment and shall, subject to this Act, be eligible for reappointment.\n> \n> > (5) (Repealed)\n> \n> > (6) Where there is a vacancy in the membership of the Foundation, the Minister may, subject to this Act, appoint a person to the vacancy.\n> \n> > (7) A member who is not an officer of the Public Service or of a statutory body representing the Crown shall receive from the funds of the Foundation such remuneration and allowances, and a member who is such an officer shall receive from those funds such allowances, as the Foundation determines and the Minister approves.\n> \n> > (8) Where by or under any Act provision is made requiring the holder of an office specified therein to devote the whole of his time to the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office of a member.\n> \n> > (9) The office of a member shall, for the purposes of any Act, be deemed not to be an office or place of profit under the Crown.\n> \n> > (10) A member shall be deemed to have vacated his office:\n> > \n> > > (a) if he dies,\n> > \n> > > (b) if he becomes bankrupt, compounds with his creditors, or makes any assignment of his salary, remuneration, allowances or estate for their benefit,\n> > \n> > > (c) if he becomes a mentally ill person, a protected person or an incapable person within the meaning of the [Mental Health Act 1958](/view/pdf/asmade/act-1958-45),\n> > \n> > > (d) if he or she is convicted in New South Wales of an indictable offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable,\n> > \n> > > (e) if he resigns his office by writing under his hand addressed to the Minister,\n> > \n> > > (f) if he is removed from office by the Minister,\n> > \n> > > (g) if he ceases to hold a qualification by virtue of which he was appointed, or\n> > \n> > > (h) if, at the time of his appointment as a member, he was an officer of the Public Service or of a statutory body representing the Crown and he ceases to be such an officer.\n> > \n> > > (i) (Repealed)\n> \n> > (11) The Minister may, for any cause which appears to him sufficient, remove any member from office.\n> \n> > (12) The common seal of the Foundation shall be kept in the custody of the Chairman of the Foundation and shall not be affixed to any instrument except in pursuance of a resolution of the Foundation.\n> \n> > (13) The procedure for the calling of meetings of the Foundation and for the conduct of business at such meetings shall, subject to this Act, be as determined by the Foundation.\n> \n> > (14) The Chairman, or in the absence of the Chairman, the member chosen by the members present at the meeting to act as Chairman, shall preside at any meeting of the Foundation.\n> \n> > (15) Three members shall form a quorum and any duly convened meeting of the Foundation at which a quorum is present shall be competent to transact any business of the Foundation and shall have, and may exercise and discharge, all the powers, duties and functions of the Foundation.\n> \n> > (16) The Chairman or member acting as Chairman at any meeting of the Foundation shall, in the event of an equality of votes, have in addition to a deliberative vote a second or casting vote.\n> \n> > (17) A decision of a majority of the members present at a duly convened meeting of the Foundation at which a quorum is present shall be a decision of the Foundation.\n> \n> > (18) No matter or thing done, and no contract entered into by the Foundation, and no matter or thing done by any member or by any other person acting under the direction of the Foundation shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of executing this Act, subject them, or any of them, personally to any action, liability, claim or demand whatsoever.\n> \n> **s 3:** Am 1990 No 46, Sch 1; 1999 No 94, sec 7 (1) and Sch 5, Part 1.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Objects","content":"#### 4 Objects\n\n4 Objects\n\n> The objects of the Foundation shall be:\n> \n> > (a) to promote and advance, either alone or in conjunction with the Minister, agricultural education at the C.B. Alexander Agricultural College or at any other agricultural college or agricultural institution,\n> \n> > (b) to advise and assist, as far as is practicable, the Minister in the operation and maintenance of the C.B. Alexander Agricultural College,\n> \n> > (c) to take or accept any gift, subsidy or endowment, whether subject to any special trust or not, for all or any of the objects of the Foundation and to carry out any special trust to which such gift, subsidy or endowment may be subject according to the terms thereof,\n> \n> > (d) to effect improvements to the C.B. Alexander Agricultural College or other agricultural colleges or agricultural institutions,\n> \n> > (e) to grant scholarships or financial assistance to students attending the C.B. Alexander Agricultural College,\n> \n> > (f) to support with or without grant of financial aid and whether or not initiated by the Foundation any scheme or activity which in the opinion of the Foundation is capable of assisting in the advancement of agricultural education in the State of New South Wales, and\n> \n> > (g) to do such supplemental, incidental and consequential acts as may be necessary or expedient for the exercise or discharge of its powers, duties and functions under this Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Agreement for vesting of certain property","content":"#### 5 Agreement for vesting of certain property\n\n5 Agreement for vesting of certain property\n\n> > (1) Subject to this Act, the Minister on behalf of Her Majesty, and the Treasurer, may enter into an agreement with the Trust for and with respect to:\n> > \n> > > (a) the handing over to the Minister of the operation, maintenance and management of the C.B. Alexander Agricultural College pursuant to this Act,\n> > \n> > > (b) the vesting in Her Majesty of:\n> > > \n> > > > (i) the land described in the Schedule to this Act or any part thereof,\n> > > \n> > > > (ii) any other land that, pursuant to the order, was vested in the Trust before the commencement of this Act, and\n> > > \n> > > > (iii) any other land used for the purposes of, or in connection with, the C.B. Alexander Agricultural College,\n> > \n> > > (c) the assurance to the Foundation, for the purposes of this Act and by direction of the Minister on behalf of Her Majesty, of the land the subject of the agreement,\n> > \n> > > (d) the transfer to Her Majesty of personal property used or produced for the purposes of, or in connection with the operation, maintenance or management of, the C.B. Alexander Agricultural College,\n> > \n> > > (e) the consideration in money to be paid by the Treasurer for the performance of the agreement by the Trust,\n> > \n> > > (f) the giving of any indemnity with respect to any obligation of the Trust in connection with the Will or order,\n> > \n> > > (g) the payment of moneys to the Trust for the purpose of discharging any liability of the Trust or any other person incurred, or to be incurred, in connection with the C.B. Alexander Agricultural College, and\n> > \n> > > (h) such other matters and things as, in the opinion of the Minister and the Treasurer, are connected with or incidental to the matters referred to in paragraphs (a), (b), (c), (d), (e), (f) and (g) of this subsection.\n> \n> > (2) The [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047) shall not apply to or in respect of:\n> > \n> > > (a) any instrument executed after the commencement of this Act whereby any real or personal property is, or is agreed to be, conveyed, transferred or leased to the Foundation,\n> > \n> > > (b) any devise or bequest in favour of the Foundation taking effect after that commencement, or\n> > \n> > > (c) the receipt of money by the Foundation.\n> \n> > (3) All acts, matters or things that, by an agreement entered into under subsection one of this section are agreed, directed, authorised or permitted to be done or executed thereunder may, notwithstanding anything in the Will, the order or any other Act, be done or executed without any further authority than this Act.\n> \n> > (4) Subject to this Act, trust property shall be held by the Foundation upon trust for Her Majesty for the purposes of the C.B. Alexander Agricultural College.\n> \n> > (5) The Foundation shall not, without the consent of the Governor, alienate, mortgage, charge or demise any trust property.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Minister to operate the C.B. Alexander Agricultural College","content":"#### 6 Minister to operate the C.B. Alexander Agricultural College\n\n6 Minister to operate the C.B. Alexander Agricultural College\n\n> > (1) Subject to this Act, on and from a day specified for the purpose in, or determined in a manner specified for the purpose in, an agreement entered into under subsection one of section five of this Act, the Minister shall be responsible for the operation, maintenance and management of the C.B. Alexander Agricultural College.\n> \n> > (2) For the purposes of subsection one of this section, the Minister shall have and may exercise in respect of any trust property, such powers, authorities, duties and functions as he would have if that trust property were vested in Her Majesty.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Variation of order","content":"#### 7 Variation of order\n\n7 Variation of order\n\n> Where, pursuant to the order, any land or other property would, but for this subsection, be vested in the Trust after the commencement of this Act, the order shall be deemed to have been varied to the extent necessary to provide for that land or other property to be vested in the Foundation.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Endowment","content":"#### 8 Endowment\n\n8 Endowment\n\n> > (1) The Treasurer may, in the year commencing upon the commencement of this Act and in each succeeding year, pay to the Foundation by way of endowment such sum of money as the Treasurer deems necessary to enable the Foundation to carry out its objects under this Act in so far as they relate to the C.B. Alexander Agricultural College.\n> \n> > (2) Any moneys payable by the Treasurer under this section shall be paid out of moneys provided by Parliament.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Investment of funds by Foundation","content":"#### 9 Investment of funds by Foundation\n\n9 Investment of funds by Foundation\n\n> > (1) Subject to subsection two of this section, the Foundation may invest its funds in such manner as the Minister may approve.\n> \n> > (2) Where the donor of a gift to the Foundation imposes a condition or gives a direction in relation to the gift, the Foundation may invest the gift in accordance with the condition or direction.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Report and audit of accounts of Foundation","content":"#### 10 Report and audit of accounts of Foundation\n\n10 Report and audit of accounts of Foundation\n\n> The Foundation shall, in the year commencing on the commencement of this Act, and in each year thereafter, and at such other times as the Minister may specify, prepare and submit to the Minister a report of its activities together with a balance sheet and statement of its financial position, duly audited by an auditor appointed by the Foundation and approved by the Minister.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Contracts by Foundation","content":"#### 11 Contracts by Foundation\n\n11 Contracts by Foundation\n\n> > (1) Contracts on behalf of the Foundation may be made as follows:\n> > \n> > > (a) a contract that if made between private persons would be by law required to be in writing under seal may be made on behalf of the Foundation in writing under the common seal of the Foundation,\n> > \n> > > (b) a contract that if made between private persons would be by law required to be in writing signed by the parties to it may be made on behalf of the Foundation in writing signed by any person acting under its express or implied authority,\n> > \n> > > (c) a contract that if made between private persons would be valid by law although made by parol only (and not reduced into writing) may be made by parol on behalf of the Foundation by any person acting under its express or implied authority.\n> \n> > (2) Any contract made in accordance with subsection (1):\n> > \n> > > (a) is effectual in law and binds the Foundation and its successors and all other parties to the contract, and\n> > \n> > > (b) may be varied or discharged in the manner in which it was authorised to be made.\n> \n> **s 11:** Subst 2001 No 34, Sch 1.1.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Certain rights not to be affected","content":"#### 12 Certain rights not to be affected\n\n12 Certain rights not to be affected\n\n> Nothing in this Act shall be construed as operating, or as authorising the doing of any thing, in a manner that would prejudice or affect any right or interest of Margarita Curtis or Myrtle Eliza Curtis.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Exemption from local government rates","content":"#### 13 Exemption from local government rates\n\n13 Exemption from local government rates\n\n> The C.B. Alexander Agricultural College shall be deemed to be a school to which section 555 (1) (f) of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) applies and, for the purposes of that paragraph:\n> \n> > (a) land occupied and used in connection with that college,\n> \n> > (b) land used as a playground in connection with that college, and\n> \n> > (c) land occupied and used for a residence by a caretaker, servant or teacher of that college and used in connection therewith,\n> \n> shall, if it is vested in the Foundation, be deemed to belong to that college.\n> \n> **s 13:** Am 1997 No 152, Sch 4.2.","sortOrder":12},{"sectionNumber":"sch","sectionType":"schedule","heading":null,"content":"# sch\n\nSchedule\n\n(Section 5)\n\nThe whole of the land comprised in Certificate of Title Volume 221 Folio 60.\n\nThe whole of the land comprised in Certificate of Title Volume 195 Folio 128.\n\nThe whole of the land comprised in Certificate of Title Volume 5122 Folio 193.\n\nThe residue of the land comprised in Certificate of Title Volume 4264 Folio 146 after the issue of Certificate of Title Volume 10479 Folio 250 and resumption of the land referred to in Dealing No K412110.","sortOrder":13}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"There is no evidence of scope change. The Act has remained substantively unchanged since at least July 2001 and appears to have operated consistently within its original narrow purpose of incorporating the C.B. Alexander Foundation as a legal entity for rural charitable purposes."},"complexity_factors":["Very narrow, single-purpose legislation affecting only one specific organisation","No substantive provisions are visible in the extracted text — the document appears to show only metadata and navigation elements rather than the actual operative clauses of the Act","Private incorporation Acts of this era tend to be short and formulaic with limited interpretive complexity","Long period of minimal amendment suggests stable and uncomplicated operation","Single ministerial responsibility with no cross-portfolio complications"],"plain_english_summary":"The Act is a private incorporation law that formally creates the C.B. Alexander Foundation as a legal entity in NSW, enabling it to hold assets, enter contracts, receive donations and carry out rural educational and welfare work. It mainly affects the Foundation, its beneficiaries and donors, and is overseen by the NSW Minister for Agriculture."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act alters the prior arrangement under the Will and the referenced court order by providing that land and other property that otherwise would have vested in The Presbyterian Church (NSW) Property Trust instead vest in the C.B. Alexander Foundation (s 7; s 5(1)(b)). It gives the Minister operational control of the college (s 6), enables Treasurer endowments from Parliament (s 8), and disapplies stamp duty for specified instruments (s 5(2)), thereby changing who holds and controls the trust assets and how they may be used."},"complexity_factors":["Creates a statutory corporation with detailed appointment, removal and quorum rules (s 3).","Specifies named individuals and succession mechanisms for membership, adding bespoke administration rules (s 3(2)(a),(b)).","Transfers and vests land and personal property into the Foundation and to Her Majesty, replacing prior trust arrangements (s 5(1)(b),(c),(d); s 7).","Ministerial and Treasurer discretions: Minister appoints members, operates college and approves investments; Treasurer may pay annual endowments (ss 3, 6, 9, 8).","Stamp duty exemptions for instruments, devises and receipts affecting tax/transaction costs (s 5(2)).","Limitations on alienation of trust property requiring Governor’s consent create constrained property-use rules (s 5(5)).","Interaction with existing will, court order and trustees, including indemnity and continuation of certain annuity-related exclusions from trust property (s 5(1)(f); s 2 trust property exclusions).","Reporting, auditing and Ministerial approval of auditors impose ongoing compliance and oversight obligations (s 10).","Provisions preserving individual rights affected by the Will (s 12) and rate-exemption treatment for the college (s 13)."],"plain_english_summary":"This Act creates the C.B. Alexander Foundation, vests specified land and assets in it for the C.B. Alexander Agricultural College, and makes the Minister responsible for appointing members and for operating the college (ss 3, 5, 6). The Treasurer may pay annual endowments from parliamentary appropriations (s 8); the Foundation’s investments require Minister approval, it must prepare audited reports, and the Act exempts certain transfers from stamp duty and deems a prior court order varied so property vests in the Foundation (ss 9–10, 5(2), 7)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: incorporating the Foundation, transferring the specific agricultural college property from church to state control, and establishing the governance framework. While there have been minor amendments (noted at sections 3, 11, and 13), these appear to be technical updates (removing spent provisions, modernising contract execution rules, updating rate exemption references) rather than expansion of scope. The core mechanism—transferring Tocal property and establishing the Foundation—remains unchanged."},"complexity_factors":["Multiple nested definitions in section 2, including a complex exclusion clause for 'trust property' with two sub-exceptions","Specific named individuals in section 3(2) with cascading nomination rules for succession","Cross-references to external legislation including the Mental Health Act 1958, Stamp Duties Act 1920, and Local Government Act 1993","Conditional appointment rules in section 3 with multiple termination triggers (10 separate vacation-of-office conditions)","Property transfer mechanics involving three parties (Minister/Crown, Presbyterian Trust, and Foundation) with staged vesting","Protection of specific third-party rights (the Curtis women) creating ongoing obligations","Specific land titles listed in Schedule using historical certificate of title references (Volumes and Folios) with one complex residual description"],"plain_english_summary":"This law creates a special corporation called the **C.B. Alexander Foundation** to manage agricultural education in New South Wales, specifically at the C.B. Alexander Agricultural College near Paterson.\n\n**What it does:**\n- **Establishes the Foundation** as a legal body with five appointed members, including specific individuals named in the Act (Edward Alan Hunt and Colin Hector Dunlop, while he remains an estate trustee)\n- **Transfers property** from the Presbyterian Church to the Foundation and ultimately to the Crown (the government), including specific parcels of land listed in the Schedule\n- **Sets the Foundation's purpose**: promoting agricultural education, advising the Minister on running the college, accepting donations, granting scholarships, and supporting agricultural education schemes\n- **Protects two women** (Margarita Curtis and Myrtle Eliza Curtis) by ensuring nothing in the Act affects their rights or interests under the original will\n\n**Who it affects:**\n- The **Minister for Agriculture** (or relevant portfolio), who appoints board members and ultimately takes over running the college\n- **Students and staff** of the agricultural college\n- The **Presbyterian Church**, which previously managed the property under a 1963 court order\n- The **estate trustees** managing Charles Boyd Alexander's will\n\n**Why it matters:**\nThis Act resolved a complex situation where agricultural land and a college were held under a religious trust. It allowed the government to take over operation of an important agricultural training institution while preserving the charitable intent of the original bequest. The Foundation acts as a bridge between the original private trust and public education administration."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/c-b-alexander-foundation-incorporation-act-1969","history":"/api/acts/c-b-alexander-foundation-incorporation-act-1969/history","analysis":"/api/acts/c-b-alexander-foundation-incorporation-act-1969/analysis","conflicts":"/api/acts/c-b-alexander-foundation-incorporation-act-1969/conflicts","importantCases":"/api/acts/c-b-alexander-foundation-incorporation-act-1969/important-cases","documents":"/api/acts/c-b-alexander-foundation-incorporation-act-1969/documents"}}