{"id":"nsw:act-1968-051","name":"H.M.S. Endeavour Trust Fund Act 1968","slug":"h-m-s-endeavour-trust-fund-act-1968","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"51 of 1968","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110695,"registerId":"nsw-act-1968-051-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 [H.M.S. Endeavour Trust Fund Act 1968](/view/html/inforce/current/act-1968-051).","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> Company means Captain Cook’s Endeavour Limited, referred to in the preamble to this Act.\n> \n> donation means a donation that was made to the Fund and that forms part of the Fund.\n> \n> donor means a person who has made a donation, and, in relation to a natural person, includes his legal personal representatives.\n> \n> Fund means the H.M.S. Endeavour Trust Fund, referred to in the preamble to this Act.\n> \n> person includes a body of persons, whether incorporated or unincorporated.\n> \n> Trustees means the Trustees of the Fund.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Power to make refunds","content":"#### 3 Power to make refunds\n\n3 Power to make refunds\n\n> The Trustees may, subject to this Act, make a proportionate refund of a donation to the donor thereof.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notice","content":"#### 4 Notice\n\n4 Notice\n\n> The Trustees shall not make a refund under this Act unless:\n> \n> > (a) the Trustees give, by advertisement published in such newspaper or newspapers as they think fit and by such other means as they think fit, notice of their intention to make, under this Act, a proportionate refund of a donation made by a person:\n> > \n> > > (i) who, within a period specified for the purpose in the notice under this paragraph, claims to be a donor, and\n> > \n> > > (ii) whose claim is approved by the Trustees, and\n> \n> > (b) upon the expiration of the period referred to in subparagraph (i) of paragraph (a) of this section, the Trustees notify (as far as practicable) each person who claims to be a donor, but whose claim has not been approved by the Trustees, that, unless it is approved by the Trustees within a period specified for the purpose in the notice under this paragraph, it will be disregarded.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Approval of claims","content":"#### 5 Approval of claims\n\n5 Approval of claims\n\n> The Trustees shall not approve a claim under this Act unless the person making the claim satisfies the Trustees:\n> \n> > (a) that he is a donor, and\n> \n> > (b) as to the amount of his donation.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Calculation and payment of refunds","content":"#### 6 Calculation and payment of refunds\n\n6 Calculation and payment of refunds\n\n> > (1) In this section:\n> > \n> > prescribed amount means the amount that is the difference between:\n> > \n> > > (a) the amount that, on the prescribed day, is in the hands of or under the control of the Trustees and the Company, and\n> > \n> > > (b) the amount that, on the prescribed day, the Trustees consider to be required for administering and winding up the affairs of the Trustees and the Company.\n> > \n> > prescribed day means such day as the Trustees decide shall be the prescribed day, being a day not earlier than the day on which the latest of the periods specified under paragraph (b) of section four of this Act expires.\n> > \n> > prescribed total means the amount that in the opinion of the Trustees is or is as near as practicable to the total amount of donations.\n> \n> > (2) Subject to subsection three of this section, the Trustees may refund, to each person whose claim has been approved under this Act, the amount (to the next cent if a fraction of a cent would otherwise be payable) that bears to the amount of his donation the same proportion as the prescribed amount bears to the prescribed total.\n> \n> > (3) The Trustees shall not:\n> > \n> > > (a) refund an amount that would otherwise be payable under subsection two of this section if that amount is less than one dollar, or\n> > \n> > > (b) refund to any person an amount that exceeds the amount of his donation.\n> \n> > (4) Where:\n> > \n> > > (a) a claim has been approved under this Act,\n> > \n> > > (b) in respect of that claim an amount is payable to a person under the foregoing provisions of this section, and\n> > \n> > > (c) the Trustees are unable to pay that amount to that person for any reason,\n> > \n> > the Trustees may pay that amount to the Treasurer to be placed to the credit of the Consolidated Revenue Fund.\n> \n> > (5) The Trustees, when paying any amount to the Treasurer under subsection four of this section, shall furnish to the Treasurer such particulars with respect to that amount as the Treasurer requires.\n> \n> > (6) The Treasurer may pay any amount paid to him under subsection four of this section to the person who appears to him to be entitled thereto.\n> \n> > (7) The person referred to in subsection four of this section shall, if the amount so referred to has not been paid to him under subsection six of this section, but subject to subsection eight of this section, be entitled to recover that amount from the Treasurer.\n> \n> > (8) Where any amount that has been paid by him to some person appearing to him to be entitled thereto is afterwards claimed by another person, the Treasurer shall not be liable to make any payment to that other person, but that other person may have recourse against the person to whom the Treasurer has paid that amount.\n> \n> > (9) Any amount to be paid by the Treasurer under subsection six of this section or recovered from the Treasurer under subsection seven of this section shall be paid from the Consolidated Revenue Fund.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Surplus money","content":"#### 7 Surplus money\n\n7 Surplus money\n\n> > (1) The Trustees and the Company respectively shall pay to the Trustees of the Captain Cook’s Landing Place, reserved under the [National Parks and Wildlife Act 1967](/view/pdf/asmade/act-1967-35), for the development and maintenance of the Captain Cook Museum and Information Centre, any surplus money that remains in the hands of or under the control of the Trustees or the Company after provision is made for all payments under section six of this Act and for payment of all amounts necessary to administer and wind up the affairs of the Trustees and the Company.\n> \n> > (2) Where any money paid under subsection one of this section cannot be expended for the purpose referred to in that subsection, the Minister for the time being administering the [National Parks and Wildlife Act 1967](/view/pdf/asmade/act-1967-35) shall direct for what purpose that money is to be expended, being a purpose:\n> > \n> > > (a) which is of a like nature to that referred to in that subsection, and\n> > \n> > > (b) a gift for which is deductible from the assessable income of the donor thereof under the provisions of the [Income Tax Assessment Act 1936](http://www.legislation.gov.au/) of the Parliament of the Commonwealth of Australia, as subsequently amended,\n> > \n> > and that money may thereupon be expended for that purpose.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"No action or suit for refund","content":"#### 8 No action or suit for refund\n\n8 No action or suit for refund\n\n> An action or suit for a refund of any donation or part thereof shall not lie against the Trustees.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Protection of Trustees and Company","content":"#### 9 Protection of Trustees and Company\n\n9 Protection of Trustees and Company\n\n> > (1) Payment by the Trustees in accordance with this Act of any amount shall not constitute a breach of trust by the Trustees.\n> \n> > (2) Payment by the Company in accordance with this Act of any amount shall be deemed to be a payment made in furtherance of the objects of the Company.","sortOrder":8}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears tightly focused on its original purpose: providing a statutory framework for winding up the H.M.S. Endeavour Trust Fund and returning donations. The scope has not expanded beyond this specific administrative task."},"complexity_factors":["Nested subsections with multiple levels of indentation (section 6 has 9 subsections with complex cross-referencing between them)","Self-referential definitions within section 6 ('prescribed amount', 'prescribed day', 'prescribed total' defined within the operative section rather than the interpretation section)","Conditional logic with multiple prerequisites (section 4 requires both advertising AND individual notification)","Complex refund calculation formula involving proportional mathematics (section 6(2))","Multiple exceptions and caps on refunds (minimum $1 threshold, cannot exceed original donation)","Unusual payment mechanism involving the Treasurer and Consolidated Revenue Fund when direct payment fails (sections 6(4)-6(9))","Cross-reference to external legislation (National Parks and Wildlife Act 1967, Income Tax Assessment Act 1936)"],"plain_english_summary":"This law sets up a process for winding down a trust fund that was established to build a replica of Captain Cook's ship, the H.M.S. Endeavour.\n\n**What it does:**\n- Allows the Trustees of the H.M.S. Endeavour Trust Fund to give money back to people who originally donated to build the ship replica\n- Sets out a strict process: the Trustees must advertise their intention to make refunds, wait for people to claim they were donors, verify those claims, and then calculate proportional refunds based on what money is left after winding up costs\n- Any money left over after refunds goes to support the Captain Cook Museum at Kurnell (Cook's landing place)\n- Protects the Trustees and the company (Captain Cook's Endeavour Limited) from being sued for following this refund process\n\n**Who it affects:**\n- People who donated money to the original H.M.S. Endeavour replica project\n- The Trustees managing the wind-up of the fund\n- Captain Cook's Endeavour Limited (the company involved)\n- The Captain Cook Museum at Kurnell (which gets any leftover funds)\n\n**Why it matters:**\nThis is essentially a \"tidying up\" law. The replica ship project apparently didn't proceed as planned or was completed with funds to spare, so Parliament created a legal framework to return unused donations to contributors fairly and ensure any surplus supports a related historical cause rather than disappearing into general government revenue."},"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":"Based on the available information, the Act appears to have remained exactly as originally enacted in 1968 with no amendments recorded. Its scope — managing a trust fund related to HMS Endeavour commemorations — appears unchanged from its original intent, though the fund has likely fulfilled or outlived its practical purpose."},"complexity_factors":["Very narrow, single-purpose legislation with limited scope","No amendments have been made since enactment in 1968, suggesting minimal legal complexity","Insufficient legislative text was provided to assess internal structural complexity (sections, definitions, regulations)","Trust fund legislation can involve some technical legal concepts (trustees, fiduciary duties), but the historical context suggests this was a straightforward administrative mechanism","The age of the Act means it predates many modern legislative drafting conventions, which could create minor interpretive issues if ever applied"],"plain_english_summary":"The H.M.S. Endeavour Trust Fund Act 1968 (NSW) established a legal trust to hold and manage money raised for commemorations connected with Cook’s 1770 voyage (the 1970 bicentenary). \n\nIt mainly affected government officials, donors and organisers; it remains technically in force but is largely historical and essentially dormant."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act, as drafted, sets out a self‑contained process for refunding donations, handling unclaimed amounts, and disposing of any surplus to the Captain Cook’s Landing Place. The text does not indicate any change from an earlier scope; it establishes procedural, payment and immunity rules for winding up the Fund and Company."},"complexity_factors":["Proportionate refund formula requires calculation of 'prescribed amount' and 'prescribed total' and pro rata distribution (s 6(1)-(2))","Trustees have discretion to set the prescribed day and to approve or reject donor claims (s 6(1), s 5)","Mandatory public notice and subsequent notification duties create procedural compliance burdens on Trustees (s 4)","Claimants bear the evidentiary burden to prove donor status and amount donated before approval (s 5)","Minimum refund threshold and prohibition on refunding more than original donation add boundary rules (s 6(3))","Treasurer role for holding and re‑paying unclaimed or unpayable amounts creates interagency mechanics and recovery rules (s 6(4)-(9))","Surplus disposition to Captain Cook’s Landing Place, with Ministerial direction if necessary, ties funds to another statutory regime and tax‑deductibility conditions (s 7(1)-(2))","Statutory immunity for Trustees and deeming of Company payments as within corporate objects limits litigation risk but concentrates decision authority in Trustees/Company (ss 8–9)"],"plain_english_summary":"This Act lets the Trustees of the H.M.S. Endeavour Trust Fund make proportionate refunds of donations after public notice and verification. Refunds are calculated by comparing the money available after winding‑up costs with the total donations; amounts under $1 or exceeding the original donation are not paid (ss 3–6).\n\nUnclaimed or unpayable refunds may be paid to the Treasurer (s 6); any remaining surplus is to be paid to the Trustees of Captain Cook’s Landing Place for the museum (s 7). Trustees and the Company are protected from suits and breach‑of‑trust claims (ss 8–9)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/h-m-s-endeavour-trust-fund-act-1968","history":"/api/acts/h-m-s-endeavour-trust-fund-act-1968/history","analysis":"/api/acts/h-m-s-endeavour-trust-fund-act-1968/analysis","conflicts":"/api/acts/h-m-s-endeavour-trust-fund-act-1968/conflicts","importantCases":"/api/acts/h-m-s-endeavour-trust-fund-act-1968/important-cases","documents":"/api/acts/h-m-s-endeavour-trust-fund-act-1968/documents"}}