{"id":"qld:act-1977-008","name":"Queensland Performing Arts Trust Act 1977","slug":"queensland-performing-arts-trust-act-1977","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"8 of 1977","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105043,"registerId":"qld-act-1977-008-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Performing Arts Trust Act 1977 .\ns 1 amd 1995 No. 58 s 4 sch 1","sortOrder":1},{"sectionNumber":"sec.1A","sectionType":"section","heading":"Object of Act","content":"### sec.1A Object of Act\n\nThe object of this Act is to contribute to the cultural, social and intellectual development of all Queenslanders.\ns 1A ins 2003 No. 66 s 23","sortOrder":2},{"sectionNumber":"sec.1B","sectionType":"section","heading":"Guiding principles for achieving the object","content":"### sec.1B Guiding principles for achieving the object\n\nThe principles intended to guide the achievement of the object of the Act are the following—\nleadership and excellence should be provided in the performing arts;\nleadership and excellence should be demonstrated in the management, on a commercial basis, of venues used for the performing arts, for the benefit of performing artists;\nthere should be responsiveness to the needs of communities in regional and outer metropolitan areas;\nrespect for Aboriginal and Torres Strait Islander cultures should be affirmed;\nchildren and young people should be supported in their appreciation of, and involvement in, the performing arts;\ndiverse audiences should be developed;\ncapabilities for life-long learning about the performing arts should be developed;\nopportunities should be developed for international collaboration and for cultural exports, especially to the Asia-Pacific region;\ncontent relevant to Queensland should be promoted and presented.\ns 1B ins 2003 No. 66 s 23\n- (a) leadership and excellence should be provided in the performing arts;\n- (b) leadership and excellence should be demonstrated in the management, on a commercial basis, of venues used for the performing arts, for the benefit of performing artists;\n- (c) there should be responsiveness to the needs of communities in regional and outer metropolitan areas;\n- (d) respect for Aboriginal and Torres Strait Islander cultures should be affirmed;\n- (e) children and young people should be supported in their appreciation of, and involvement in, the performing arts;\n- (f) diverse audiences should be developed;\n- (g) capabilities for life-long learning about the performing arts should be developed;\n- (h) opportunities should be developed for international collaboration and for cultural exports, especially to the Asia-Pacific region;\n- (i) content relevant to Queensland should be promoted and presented.","sortOrder":3},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nIn this Act—\nappropriately qualified , for a person to whom a power under this Act may be delegated or who is asked by the Minister to investigate and report on a matter relating to the trust, includes having the qualifications, experience or standing appropriate to exercise the power or comply with the request.\na person’s seniority in an entity\ncentre means the Queensland Performing Arts Centre at Brisbane.\ns 2 def centre ins 2003 No. 66 s 24 (2)\nchairperson means the chairperson of the trust.\ncommencement —\nfor part 8 , division 1 —see section 67 ; or\nfor part 8 , division 2 —see section 69 .\ns 2 def commencement ins 2007 No. 53 s 19\ncomplex ...\ns 2 def complex ins 1992 No. 36 s 2 sch 1\nom 2003 No. 66 s 24 (1)\ncurrent appointment , for part 8 , division 2 , see section 69 .\ns 2 def current appointment ins 2007 No. 53 s 19\ncurrent conditions , for part 8 , division 2 , see section 69 .\ns 2 def current conditions ins 2007 No. 53 s 19\ndeputy chairperson means the deputy chairperson of the trust.\ndirector means the director of the trust.\nequipment includes chattels, costumes, curtains, drapes, furnishings, furniture, light and sound equipment, plant, stage properties and scenery suitable or convenient for the production of stage presentations or presentation of the performing arts.\nmember means a member of the trust.\noperational plan , of the trust, means the trust’s operational plan developed under part 4 of this Act and the standard.\ns 2 def operational plan amd 2009 No. 9 s 136 sch 1\npre-amended Act , for part 8 , division 2 , see section 69 .\ns 2 def pre-amended Act ins 2007 No. 53 s 19\npresent director , for part 8 , division 2 , see section 69 .\ns 2 def present director ins 2007 No. 53 s 19\nstandard means a financial and performance management standard under the Financial Accountability Act 2009 .\ns 2 def standard sub 2009 No. 9 s 136 sch 1\nstrategic plan , of the trust, means the trust’s strategic plan developed under part 4 of this Act and the standard.\ns 2 def strategic plan amd 2009 No. 9 s 136 sch 1\nthe performing arts means any of the auditory, dramatic, musical, operatic or visual arts and includes the art of dancing.\ntrust means the Queensland Performing Arts Trust.\ns 2 prev s 2 amd 1979 No. 29 s 20 (a) ; 1988 No. 2 s 4 ; 2 July 1992 RA s 39\nom 1992 No. 36 s 2 sch 1\namd 1995 No. 58 s 4 sch 1\npres s 2 sub 1997 No. 79 s 52\n- (a) for part 8 , division 1 —see section 67 ; or\n- (b) for part 8 , division 2 —see section 69 .","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"The trust","content":"# The trust","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Constitution and membership of trust","content":"## Constitution and membership of trust","sortOrder":6},{"sectionNumber":"sec.3","sectionType":"section","heading":"Establishment of trust","content":"### sec.3 Establishment of trust\n\nThe entity called the Queensland Performing Arts Trust continues in existence.\ns 3 prev s 3 om 1995 No. 58 s 4 sch 1\npres s 3 ins 1997 No. 79 s 53","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Legal status of trust","content":"### sec.4 Legal status of trust\n\nThe trust—\nis a body corporate; and\nhas perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\ns 4 sub 1997 No. 79 s 53\n- (a) is a body corporate; and\n- (b) has perpetual succession; and\n- (c) has a common seal; and\n- (d) may sue and be sued in its corporate name.","sortOrder":8},{"sectionNumber":"sec.5","sectionType":"section","heading":"Trust’s relationship with State","content":"### sec.5 Trust’s relationship with State\n\nThe trust represents the State.\ns 5 amd 1979 No. 29 s 21\nsub 1988 No. 2 s 5\namd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 53","sortOrder":9},{"sectionNumber":"sec.6","sectionType":"section","heading":"Composition of trust","content":"### sec.6 Composition of trust\n\nThe trust is to consist of the number of members appointed by the Governor in Council.\nIn appointing a member, regard must be had to the person’s ability to contribute to the trust’s performance and the implementation of its strategic and operational plans.\nA member must be appointed under this Act and not the Public Sector Act 2022 .\ns 6 sub 1988 No. 2 s 5 ; 1997 No. 79 s 53\namd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.6-ssec.1) The trust is to consist of the number of members appointed by the Governor in Council.\n(sec.6-ssec.2) In appointing a member, regard must be had to the person’s ability to contribute to the trust’s performance and the implementation of its strategic and operational plans.\n(sec.6-ssec.3) A member must be appointed under this Act and not the Public Sector Act 2022 .","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Role of members","content":"### sec.7 Role of members\n\nThe role of the members includes the following—\nbeing responsible for the trust’s management;\nensuring, as far as possible, the trust achieves, and acts in accordance with, its strategic and operational plans;\naccounting to the Minister for the trust’s performance;\nensuring the trust otherwise performs its functions in a proper, effective and efficient way.\ns 7 ins 1997 No. 79 s 53\n- (a) being responsible for the trust’s management;\n- (b) ensuring, as far as possible, the trust achieves, and acts in accordance with, its strategic and operational plans;\n- (c) accounting to the Minister for the trust’s performance;\n- (d) ensuring the trust otherwise performs its functions in a proper, effective and efficient way.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Eligibility for appointment","content":"### sec.8 Eligibility for appointment\n\nA person is not eligible for appointment as a member if the person is not able to manage a corporation because of the Corporations Act , Part 2D .6.\ns 8 amd 1988 No. 2 s 6 ; 1990 No. 88 s 3 sch\nsub 1997 No. 79 s 53\namd 2001 No. 45 s 29 sch 3","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Chairperson and deputy chairperson of trust","content":"### sec.9 Chairperson and deputy chairperson of trust\n\nThe Governor in Council must appoint a member as chairperson of the trust.\nThe appointment may be made by the instrument appointing the person concerned as a member of the trust.\nThe members must elect one of them as deputy chairperson of the trust.\nThe members must act under subsection (3) whenever there is a vacancy in the office of deputy chairperson, including a vacancy occurring because the office has not been filled.\nThe chairperson or deputy chairperson may resign as chairperson or deputy chairperson by signed notice given to the Minister.\nThe chairperson or deputy chairperson may act under subsection (5) and remain a member.\ns 9 amd 1988 No. 2 s 7\nsub 1997 No. 79 s 53\n(sec.9-ssec.1) The Governor in Council must appoint a member as chairperson of the trust.\n(sec.9-ssec.2) The appointment may be made by the instrument appointing the person concerned as a member of the trust.\n(sec.9-ssec.3) The members must elect one of them as deputy chairperson of the trust.\n(sec.9-ssec.4) The members must act under subsection (3) whenever there is a vacancy in the office of deputy chairperson, including a vacancy occurring because the office has not been filled.\n(sec.9-ssec.5) The chairperson or deputy chairperson may resign as chairperson or deputy chairperson by signed notice given to the Minister.\n(sec.9-ssec.6) The chairperson or deputy chairperson may act under subsection (5) and remain a member.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Duration of appointment","content":"### sec.10 Duration of appointment\n\nA member is appointed for the term (not more than 3 years) stated in the member’s instrument of appointment.\nThe office of a member becomes vacant if—\nthe member resigns by signed notice given to the Minister; or\nthe person is not eligible to be appointed as a member; or\nthe member’s appointment is ended under subsection (3) .\nThe Governor in Council may, at any time, end the appointment of all or any members for any reason or none.\ns 10 amd 1988 No. 2 s 8\nsub 1997 No. 79 s 53\namd 2003 No. 66 s 25\n(sec.10-ssec.1) A member is appointed for the term (not more than 3 years) stated in the member’s instrument of appointment.\n(sec.10-ssec.2) The office of a member becomes vacant if— the member resigns by signed notice given to the Minister; or the person is not eligible to be appointed as a member; or the member’s appointment is ended under subsection (3) .\n(sec.10-ssec.3) The Governor in Council may, at any time, end the appointment of all or any members for any reason or none.\n- (a) the member resigns by signed notice given to the Minister; or\n- (b) the person is not eligible to be appointed as a member; or\n- (c) the member’s appointment is ended under subsection (3) .","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Conditions of appointment","content":"### sec.11 Conditions of appointment\n\nA member holds office on the conditions not provided for by this Act that are decided by the Governor in Council.\nExcept as decided by the Governor in Council, a member is not entitled to receive any payment, interest in property or other valuable consideration or benefit—\nby way of remuneration as a member; or\nin connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.\ns 11 amd 1979 No. 29 s 22\nsub 1988 No. 2 s 9 ; 1997 No. 79 s 53\n(sec.11-ssec.1) A member holds office on the conditions not provided for by this Act that are decided by the Governor in Council.\n(sec.11-ssec.2) Except as decided by the Governor in Council, a member is not entitled to receive any payment, interest in property or other valuable consideration or benefit— by way of remuneration as a member; or in connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.\n- (a) by way of remuneration as a member; or\n- (b) in connection with resignation from office, or other termination of office, as a member, chairperson or deputy chairperson.","sortOrder":15},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Functions of trust","content":"### sec.12 Functions of trust\n\nThe functions of the trust are—\nto produce, present and manage the performing arts in the building occupied by the trust at the Queensland Cultural Centre or any other building;\nto establish and conduct schools, lectures, courses, seminars and other forms of education in the performing arts;\nto teach, train and instruct persons and promote education and research in the performing arts;\nto provide or assist in providing premises and equipment for the purpose of the presentation of the performing arts;\nto promote and encourage the development and presentation of the performing arts;\nto promote and encourage public interest and participation in the performing arts;\nto promote and encourage either directly or indirectly the knowledge, understanding, appreciation and enjoyment of the performing arts;\nto encourage, for persons resident in Queensland—\nparticipation as performers for the performing arts; and\ninvolvement in other aspects of the performing arts;\nto perform the functions given to the trust under another Act;\nto perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (i) ;\nto perform functions of the type to which paragraph (j) applies and which are given to the trust in writing by the Minister.\nBefore giving a function for subsection (1) (k) , the Minister must consult with the trust about the function.\nIn performing its functions the trust must have regard to the object of, and guiding principles for, this Act.\ns 12 amd 1997 No. 79 ss 54 , 51 sch 4 ; 2003 No. 66 s 26\n(sec.12-ssec.1) The functions of the trust are— to produce, present and manage the performing arts in the building occupied by the trust at the Queensland Cultural Centre or any other building; to establish and conduct schools, lectures, courses, seminars and other forms of education in the performing arts; to teach, train and instruct persons and promote education and research in the performing arts; to provide or assist in providing premises and equipment for the purpose of the presentation of the performing arts; to promote and encourage the development and presentation of the performing arts; to promote and encourage public interest and participation in the performing arts; to promote and encourage either directly or indirectly the knowledge, understanding, appreciation and enjoyment of the performing arts; to encourage, for persons resident in Queensland— participation as performers for the performing arts; and involvement in other aspects of the performing arts; to perform the functions given to the trust under another Act; to perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (i) ; to perform functions of the type to which paragraph (j) applies and which are given to the trust in writing by the Minister.\n(sec.12-ssec.2) Before giving a function for subsection (1) (k) , the Minister must consult with the trust about the function.\n(sec.12-ssec.3) In performing its functions the trust must have regard to the object of, and guiding principles for, this Act.\n- (a) to produce, present and manage the performing arts in the building occupied by the trust at the Queensland Cultural Centre or any other building;\n- (b) to establish and conduct schools, lectures, courses, seminars and other forms of education in the performing arts;\n- (c) to teach, train and instruct persons and promote education and research in the performing arts;\n- (d) to provide or assist in providing premises and equipment for the purpose of the presentation of the performing arts;\n- (e) to promote and encourage the development and presentation of the performing arts;\n- (f) to promote and encourage public interest and participation in the performing arts;\n- (g) to promote and encourage either directly or indirectly the knowledge, understanding, appreciation and enjoyment of the performing arts;\n- (h) to encourage, for persons resident in Queensland— (i) participation as performers for the performing arts; and (ii) involvement in other aspects of the performing arts;\n- (i) participation as performers for the performing arts; and\n- (ii) involvement in other aspects of the performing arts;\n- (i) to perform the functions given to the trust under another Act;\n- (j) to perform functions that are incidental, complementary or helpful to, or likely to enhance the effective and efficient performance of, the functions mentioned in paragraphs (a) to (i) ;\n- (k) to perform functions of the type to which paragraph (j) applies and which are given to the trust in writing by the Minister.\n- (i) participation as performers for the performing arts; and\n- (ii) involvement in other aspects of the performing arts;","sortOrder":17},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Legal capacity and powers","content":"## Legal capacity and powers","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Objects of division","content":"### sec.13 Objects of division\n\nThe objects of this division include—\nabolishing any application of the doctrine of ultra vires to the trust; and\nensuring the trust gives effect to any restrictions on its functions or powers, but without affecting the validity of its dealings with outsiders.\ns 13 prev s 13 amd 1990 No. 88 s 3 sch\nom 1997 No. 79 s 53\npres s 13 sub 1997 No. 79 s 55\n- (a) abolishing any application of the doctrine of ultra vires to the trust; and\n- (b) ensuring the trust gives effect to any restrictions on its functions or powers, but without affecting the validity of its dealings with outsiders.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"General powers","content":"### sec.14 General powers\n\nFor performing its functions, the trust has all the powers of an individual and may for example—\nenter into arrangements, agreements, contracts and deeds; and\nacquire, hold, deal with and dispose of property; and\nengage consultants; and\nappoint agents and attorneys; and\ncharge, and fix terms, for goods, services, facilities and information supplied by it; and\ndo anything else necessary or desirable to be done in performing its functions.\nWithout limiting subsection (1) , the trust has the powers given to it under this or another Act.\nThe trust may exercise its powers inside and outside Queensland, including outside Australia.\nIn this section—\npower includes legal capacity.\ns 14 prev s 14 sub 1995 No. 58 s 4 sch 1\nom 1997 No. 79 s 53\npres s 14 sub 1988 No. 2 s 10 ; 1997 No. 79 s 55\n(sec.14-ssec.1) For performing its functions, the trust has all the powers of an individual and may for example— enter into arrangements, agreements, contracts and deeds; and acquire, hold, deal with and dispose of property; and engage consultants; and appoint agents and attorneys; and charge, and fix terms, for goods, services, facilities and information supplied by it; and do anything else necessary or desirable to be done in performing its functions.\n(sec.14-ssec.2) Without limiting subsection (1) , the trust has the powers given to it under this or another Act.\n(sec.14-ssec.3) The trust may exercise its powers inside and outside Queensland, including outside Australia.\n(sec.14-ssec.4) In this section— power includes legal capacity.\n- (a) enter into arrangements, agreements, contracts and deeds; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) engage consultants; and\n- (d) appoint agents and attorneys; and\n- (e) charge, and fix terms, for goods, services, facilities and information supplied by it; and\n- (f) do anything else necessary or desirable to be done in performing its functions.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Directions by Minister","content":"### sec.15 Directions by Minister\n\nThe trust is subject to written directions of the Minister in exercising its powers.\ns 15 orig s 15 amd 1995 No. 58 s 4 sch 1\nom 1997 No. 79 s 53\nprev s 15 (s 19) amd 1988 No. 2 s 11\npres s 15 sub 1997 No. 79 s 55","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Restrictions on powers of trust","content":"### sec.16 Restrictions on powers of trust\n\nSection 14 has effect in relation to the trust subject to any restrictions expressly imposed under this or another Act.\nSection 14 also has effect in relation to the trust subject to any restrictions expressly imposed by—\nany relevant strategic or operational plan of the trust; or\nany relevant directions given to the trust under section 15 by the Minister.\nThe trust contravenes this section if it—\nexercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or\ndoes an act otherwise than in pursuance of its functions.\nThe exercise of the power mentioned in subsection (3) (a) , or the act mentioned in subsection (3) (b) , is not invalid merely because of the contravention.\nAn officer of the trust who is involved in the contravention contravenes this subsection.\nAn act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5) .\nThe trust or officer of the trust is not guilty of an offence merely because of the relevant contravention.\nIn this section—\nofficer , of the trust, means—\na member; or\nthe director; or\nan employee of the trust.\nrestriction includes prohibition.\ns 16 ins 1997 No. 79 s 55\n(sec.16-ssec.1) Section 14 has effect in relation to the trust subject to any restrictions expressly imposed under this or another Act.\n(sec.16-ssec.2) Section 14 also has effect in relation to the trust subject to any restrictions expressly imposed by— any relevant strategic or operational plan of the trust; or any relevant directions given to the trust under section 15 by the Minister.\n(sec.16-ssec.3) The trust contravenes this section if it— exercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or does an act otherwise than in pursuance of its functions.\n(sec.16-ssec.4) The exercise of the power mentioned in subsection (3) (a) , or the act mentioned in subsection (3) (b) , is not invalid merely because of the contravention.\n(sec.16-ssec.5) An officer of the trust who is involved in the contravention contravenes this subsection.\n(sec.16-ssec.6) An act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5) .\n(sec.16-ssec.7) The trust or officer of the trust is not guilty of an offence merely because of the relevant contravention.\n(sec.16-ssec.8) In this section— officer , of the trust, means— a member; or the director; or an employee of the trust. restriction includes prohibition.\n- (a) any relevant strategic or operational plan of the trust; or\n- (b) any relevant directions given to the trust under section 15 by the Minister.\n- (a) exercises a power contrary to a restriction mentioned in subsection (1) or (2) ; or\n- (b) does an act otherwise than in pursuance of its functions.\n- (a) a member; or\n- (b) the director; or\n- (c) an employee of the trust.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Persons having dealings with trust etc.","content":"### sec.17 Persons having dealings with trust etc.\n\nA person having dealings with the trust is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the trust that the matters that the person is entitled to assume were not correct must be disregarded.\nA person having dealings with a person who has acquired, or purports to have acquired, title to property from the trust (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the trust or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.\nThe assumptions that a person is, because of subsection (1) or (2) , entitled to make are—\nthat, at all relevant times, this Act has been complied with; and\nthat a person who is held out by the trust to be an officer or agent of the trust has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\nthat an officer or agent of the trust who has authority to issue a document on behalf of the trust has authority to warrant that the document is genuine and that an officer or agent of the trust who has authority to issue a certified copy of a document on behalf of the trust has authority to warrant that the copy is a true copy; and\nthat a document has been properly sealed by the trust if—\nit bears what appears to be an imprint of the trust’s seal; and\nthe sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the trust; and\nthat the officers and agents of the trust have properly performed their duties to the trust.\nHowever, a person is not entitled to assume a matter mentioned in subsection (3) if—\nthe person has actual knowledge that the assumption would be incorrect; or\nbecause of the person’s connection or relationship with the trust, the person ought to know that the assumption would be incorrect.\nIf, because of subsection (4) , a person is not entitled to make a particular assumption—\nif the assumption is in relation to dealings with the trust— subsection (1) does not apply to any assertion by the trust in relation to the assumption; or\nif the assumption is in relation to an acquisition or purported acquisition from the trust of title to property— subsection (2) does not apply to any assertion by the trust or another person in relation to the assumption.\nIn this section—\nofficer , of the trust, means—\na member; or\nthe director; or\nan employee of the trust.\ns 17 ins 1997 No. 79 s 55\n(sec.17-ssec.1) A person having dealings with the trust is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the trust that the matters that the person is entitled to assume were not correct must be disregarded.\n(sec.17-ssec.2) A person having dealings with a person who has acquired, or purports to have acquired, title to property from the trust (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding in relation to the dealings, any assertion by the trust or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.\n(sec.17-ssec.3) The assumptions that a person is, because of subsection (1) or (2) , entitled to make are— that, at all relevant times, this Act has been complied with; and that a person who is held out by the trust to be an officer or agent of the trust has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and that an officer or agent of the trust who has authority to issue a document on behalf of the trust has authority to warrant that the document is genuine and that an officer or agent of the trust who has authority to issue a certified copy of a document on behalf of the trust has authority to warrant that the copy is a true copy; and that a document has been properly sealed by the trust if— it bears what appears to be an imprint of the trust’s seal; and the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the trust; and that the officers and agents of the trust have properly performed their duties to the trust.\n(sec.17-ssec.4) However, a person is not entitled to assume a matter mentioned in subsection (3) if— the person has actual knowledge that the assumption would be incorrect; or because of the person’s connection or relationship with the trust, the person ought to know that the assumption would be incorrect.\n(sec.17-ssec.5) If, because of subsection (4) , a person is not entitled to make a particular assumption— if the assumption is in relation to dealings with the trust— subsection (1) does not apply to any assertion by the trust in relation to the assumption; or if the assumption is in relation to an acquisition or purported acquisition from the trust of title to property— subsection (2) does not apply to any assertion by the trust or another person in relation to the assumption.\n(sec.17-ssec.6) In this section— officer , of the trust, means— a member; or the director; or an employee of the trust.\n- (a) that, at all relevant times, this Act has been complied with; and\n- (b) that a person who is held out by the trust to be an officer or agent of the trust has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and\n- (c) that an officer or agent of the trust who has authority to issue a document on behalf of the trust has authority to warrant that the document is genuine and that an officer or agent of the trust who has authority to issue a certified copy of a document on behalf of the trust has authority to warrant that the copy is a true copy; and\n- (d) that a document has been properly sealed by the trust if— (i) it bears what appears to be an imprint of the trust’s seal; and (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the trust; and\n- (i) it bears what appears to be an imprint of the trust’s seal; and\n- (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the trust; and\n- (e) that the officers and agents of the trust have properly performed their duties to the trust.\n- (i) it bears what appears to be an imprint of the trust’s seal; and\n- (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer or agent of the trust; and\n- (a) the person has actual knowledge that the assumption would be incorrect; or\n- (b) because of the person’s connection or relationship with the trust, the person ought to know that the assumption would be incorrect.\n- (a) if the assumption is in relation to dealings with the trust— subsection (1) does not apply to any assertion by the trust in relation to the assumption; or\n- (b) if the assumption is in relation to an acquisition or purported acquisition from the trust of title to property— subsection (2) does not apply to any assertion by the trust or another person in relation to the assumption.\n- (a) a member; or\n- (b) the director; or\n- (c) an employee of the trust.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Disposal of property accepted by the trust","content":"### sec.18 Disposal of property accepted by the trust\n\nThis section applies if—\nproperty is accepted by the trust for exhibition or for another purpose; and\nthe property is not collected by the person who gave it within 2 years after acceptance or, if the trust has agreed to hold the property for a certain period, 2 years after the period ends.\nSubject to any arrangement about the property between the trust and the person, the trust may—\nsell the property by public auction; or\nexchange the property for other property; or\nif the trust considers on reasonable grounds that, because of the property’s value, it is not viable to sell or exchange it—dispose of the property in another way.\nHowever, if the trust intends to sell, exchange or otherwise dispose of the property, it must give the person at least a month’s written notice of its intention.\nIf the person’s address is not known to the trust, the notice may be given to the person by publishing it in a daily newspaper circulating generally in the State.\nA notice under subsection (4) may form part of a notice under section 20 .\nIf the trust sells the property, the proceeds of sale must be applied in the following order—\nin payment of the reasonable expenses incurred in storing and selling the property;\nif there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nthe balance—\nmust be held by the trust for the person for at least 1 year after the sale; and\nif the person does not claim the proceeds of sale within 1 year after the sale—may be used by the trust in performing its functions.\ns 18 ins 1997 No. 79 s 55\namd 2010 No. 44 s 210\n(sec.18-ssec.1) This section applies if— property is accepted by the trust for exhibition or for another purpose; and the property is not collected by the person who gave it within 2 years after acceptance or, if the trust has agreed to hold the property for a certain period, 2 years after the period ends.\n(sec.18-ssec.2) Subject to any arrangement about the property between the trust and the person, the trust may— sell the property by public auction; or exchange the property for other property; or if the trust considers on reasonable grounds that, because of the property’s value, it is not viable to sell or exchange it—dispose of the property in another way.\n(sec.18-ssec.3) However, if the trust intends to sell, exchange or otherwise dispose of the property, it must give the person at least a month’s written notice of its intention.\n(sec.18-ssec.4) If the person’s address is not known to the trust, the notice may be given to the person by publishing it in a daily newspaper circulating generally in the State.\n(sec.18-ssec.5) A notice under subsection (4) may form part of a notice under section 20 .\n(sec.18-ssec.6) If the trust sells the property, the proceeds of sale must be applied in the following order— in payment of the reasonable expenses incurred in storing and selling the property; if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance— must be held by the trust for the person for at least 1 year after the sale; and if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the trust in performing its functions.\n- (a) property is accepted by the trust for exhibition or for another purpose; and\n- (b) the property is not collected by the person who gave it within 2 years after acceptance or, if the trust has agreed to hold the property for a certain period, 2 years after the period ends.\n- (a) sell the property by public auction; or\n- (b) exchange the property for other property; or\n- (c) if the trust considers on reasonable grounds that, because of the property’s value, it is not viable to sell or exchange it—dispose of the property in another way.\n- (a) in payment of the reasonable expenses incurred in storing and selling the property;\n- (b) if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (c) the balance— (i) must be held by the trust for the person for at least 1 year after the sale; and (ii) if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the trust in performing its functions.\n- (i) must be held by the trust for the person for at least 1 year after the sale; and\n- (ii) if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the trust in performing its functions.\n- (i) must be held by the trust for the person for at least 1 year after the sale; and\n- (ii) if the person does not claim the proceeds of sale within 1 year after the sale—may be used by the trust in performing its functions.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Disposal of certain abandoned property","content":"### sec.19 Disposal of certain abandoned property\n\nThis section applies if any property, other than property to which section 18 applies—\nis found in the centre; and\nthere are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and\nthe property is unclaimed after 4 months.\nThe trust may sell the property by public auction.\nIf the trust sells the property, the proceeds of sale must be applied in the following order—\nin payment of the reasonable expenses incurred in storing and selling the property;\nif there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nthe balance to be used by the trust in performing its functions.\nDespite subsection (2) , if the trust considers on reasonable grounds that, because of the property’s value, it is not viable to sell it, the trust may dispose of the property in another way.\nDespite subsection (2) , if the trust considers on reasonable grounds that the property is in a dangerous condition or unfit for use for the purpose for which it was intended to be used, the trust may cause it to be destroyed.\ns 19 ins 1997 No. 79 s 55\namd 2003 No. 66 s 27 ; 2010 No. 44 s 211\n(sec.19-ssec.1) This section applies if any property, other than property to which section 18 applies— is found in the centre; and there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and the property is unclaimed after 4 months.\n(sec.19-ssec.2) The trust may sell the property by public auction.\n(sec.19-ssec.2A) If the trust sells the property, the proceeds of sale must be applied in the following order— in payment of the reasonable expenses incurred in storing and selling the property; if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance to be used by the trust in performing its functions.\n(sec.19-ssec.3) Despite subsection (2) , if the trust considers on reasonable grounds that, because of the property’s value, it is not viable to sell it, the trust may dispose of the property in another way.\n(sec.19-ssec.4) Despite subsection (2) , if the trust considers on reasonable grounds that the property is in a dangerous condition or unfit for use for the purpose for which it was intended to be used, the trust may cause it to be destroyed.\n- (a) is found in the centre; and\n- (b) there are reasonable grounds for suspecting the property has been abandoned by the person who last used it; and\n- (c) the property is unclaimed after 4 months.\n- (a) in payment of the reasonable expenses incurred in storing and selling the property;\n- (b) if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (c) the balance to be used by the trust in performing its functions.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Trust must give notice of public auction","content":"### sec.20 Trust must give notice of public auction\n\nBefore the trust sells any property under section 18 or 19 it must first publish a notice in a daily newspaper circulating generally in the State.\nThe notice must—\nidentify the property; and\nstate the property is to be sold by auction; and\nstate how the person entitled to the property may recover it before the auction; and\nstate the time and place of the auction.\ns 20 ins 1997 No. 79 s 55\n(sec.20-ssec.1) Before the trust sells any property under section 18 or 19 it must first publish a notice in a daily newspaper circulating generally in the State.\n(sec.20-ssec.2) The notice must— identify the property; and state the property is to be sold by auction; and state how the person entitled to the property may recover it before the auction; and state the time and place of the auction.\n- (a) identify the property; and\n- (b) state the property is to be sold by auction; and\n- (c) state how the person entitled to the property may recover it before the auction; and\n- (d) state the time and place of the auction.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Effect of sale or other disposal of property","content":"### sec.21 Effect of sale or other disposal of property\n\nThis section applies to the sale or other disposal of any property under section 18 or 19 .\nThe sale or other disposal is valid against all persons.\nA secured party can not enforce any security interest in the property or the proceeds of sale against—\nthe trust; or\nan entity to whom an amount is paid or payable under section 18 (6) (a) or 19 (2A) (a) ; or\nan entity to whom the property is sold.\nCompensation is not recoverable against the trust for the sale or other disposal.\nIn this section—\nsecured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .\nsecurity interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 .\ns 21 ins 1997 No. 79 s 55\namd 2001 No. 71 s 551 sch 1 ; 2010 No. 44 s 212\n(sec.21-ssec.1) This section applies to the sale or other disposal of any property under section 18 or 19 .\n(sec.21-ssec.2) The sale or other disposal is valid against all persons.\n(sec.21-ssec.3) A secured party can not enforce any security interest in the property or the proceeds of sale against— the trust; or an entity to whom an amount is paid or payable under section 18 (6) (a) or 19 (2A) (a) ; or an entity to whom the property is sold.\n(sec.21-ssec.4) Compensation is not recoverable against the trust for the sale or other disposal.\n(sec.21-ssec.5) In this section— secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 . security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 12 .\n- (a) the trust; or\n- (b) an entity to whom an amount is paid or payable under section 18 (6) (a) or 19 (2A) (a) ; or\n- (c) an entity to whom the property is sold.","sortOrder":27},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Meetings, proceedings and business of trust","content":"## Meetings, proceedings and business of trust","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Conduct of business","content":"### sec.22 Conduct of business\n\nSubject to this Act, the trust shall conduct its business and proceedings at meetings in such manner as it determines from time to time.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Quorum","content":"### sec.23 Quorum\n\nA quorum of the trust shall consist of a majority of the total number of members for the time being holding office.\nA duly convened meeting of the trust at which a quorum is present shall be competent to transact any business of the trust and may perform the functions and exercise the powers of the trust.\ns 23 amd 1997 No. 79 s 51 sch 4\n(sec.23-ssec.1) A quorum of the trust shall consist of a majority of the total number of members for the time being holding office.\n(sec.23-ssec.2) A duly convened meeting of the trust at which a quorum is present shall be competent to transact any business of the trust and may perform the functions and exercise the powers of the trust.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Presiding at meetings","content":"### sec.24 Presiding at meetings\n\nThe chairperson is to preside at all meetings at which the chairperson is present.\nIf the chairperson is not present at a meeting, the deputy chairperson is to preside.\nIf both the chairperson and deputy chairperson are not present at a meeting, the member chosen by the members present at the meeting is to preside.\ns 24 sub 1997 No. 79 s 56\n(sec.24-ssec.1) The chairperson is to preside at all meetings at which the chairperson is present.\n(sec.24-ssec.2) If the chairperson is not present at a meeting, the deputy chairperson is to preside.\n(sec.24-ssec.3) If both the chairperson and deputy chairperson are not present at a meeting, the member chosen by the members present at the meeting is to preside.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Meetings","content":"### sec.25 Meetings\n\nThe trust may hold its meetings where and when it decides.\nThe trust may hold meetings, or allow members to take part in meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.\nA member who takes part in a meeting under subsection (2) is taken to be present at the meeting.\ns 25 ins 1997 No. 79 s 56\n(sec.25-ssec.1) The trust may hold its meetings where and when it decides.\n(sec.25-ssec.2) The trust may hold meetings, or allow members to take part in meetings, by telephone, video link or another form of communication that allows reasonably contemporaneous and continuous communication between the members taking part in the meeting.\n(sec.25-ssec.3) A member who takes part in a meeting under subsection (2) is taken to be present at the meeting.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Resolutions without meetings","content":"### sec.26 Resolutions without meetings\n\nIf at least a majority of members sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the trust held on the day on which the document is signed or, if the members do not sign it on the same day, the day on which the last of the members constituting the majority signs the document.\nIf a resolution is, under subsection (1) , taken to have been passed at a meeting of the trust, each member must be immediately advised of the matter and given a copy of the terms of the resolution.\nFor subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to constitute a single document.\ns 26 ins 1997 No. 79 s 56\n(sec.26-ssec.1) If at least a majority of members sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the trust held on the day on which the document is signed or, if the members do not sign it on the same day, the day on which the last of the members constituting the majority signs the document.\n(sec.26-ssec.2) If a resolution is, under subsection (1) , taken to have been passed at a meeting of the trust, each member must be immediately advised of the matter and given a copy of the terms of the resolution.\n(sec.26-ssec.3) For subsection (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more members, are taken to constitute a single document.","sortOrder":33},{"sectionNumber":"sec.26A","sectionType":"section","heading":null,"content":"### Section sec.26A\n\ns 26A ins 1995 No. 58 s 4 sch 1\nom 1997 No. 79 s 57","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"Conduct of affairs","content":"### sec.27 Conduct of affairs\n\nThe trust shall perform a function or exercise a power by a majority vote of its members present at the meeting and voting on the business in question.\nA member who, being present at a meeting and eligible to vote, abstains from voting shall be taken to have voted for the negative.\nThe person presiding at a meeting shall have a deliberative vote and, in the event of an equality of votes, a casting vote.\ns 27 amd 1997 No. 79 s 51 sch 4\n(sec.27-ssec.1) The trust shall perform a function or exercise a power by a majority vote of its members present at the meeting and voting on the business in question.\n(sec.27-ssec.2) A member who, being present at a meeting and eligible to vote, abstains from voting shall be taken to have voted for the negative.\n(sec.27-ssec.3) The person presiding at a meeting shall have a deliberative vote and, in the event of an equality of votes, a casting vote.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Minutes","content":"### sec.28 Minutes\n\nThe trust shall keep a record of its proceedings at meetings.","sortOrder":36},{"sectionNumber":"sec.28A","sectionType":"section","heading":null,"content":"### Section sec.28A\n\ns 28A ins 1988 No. 2 s 12\nom 1997 No. 79 s 57","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Disclosure of interests by members","content":"### sec.29 Disclosure of interests by members\n\nIf a member has a direct or indirect interest in a matter being considered, or about to be considered, by the trust, the member must disclose the nature of the interest to a meeting of the trust as soon as practicable after the relevant facts come to the member’s knowledge.\nMaximum penalty—100 penalty units.\nThe disclosure must be recorded in the trust’s minutes.\ns 29 sub 1997 No. 79 s 57\n(sec.29-ssec.1) If a member has a direct or indirect interest in a matter being considered, or about to be considered, by the trust, the member must disclose the nature of the interest to a meeting of the trust as soon as practicable after the relevant facts come to the member’s knowledge. Maximum penalty—100 penalty units.\n(sec.29-ssec.2) The disclosure must be recorded in the trust’s minutes.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Voting by interested member","content":"### sec.30 Voting by interested member\n\nA member who has a material personal interest in a matter that is being considered by the trust must not—\nvote on the matter; or\nvote on a proposed resolution under subsection (2) (a related resolution ) in relation to the matter (whether in relation to the member or another member); or\nbe present while the matter, or a related resolution, is being considered by the trust; or\notherwise take part in any decision of the trust in relation to the matter or a related resolution.\nMaximum penalty—100 penalty units.\nSubsection (1) does not apply to the matter if the trust has at any time passed a resolution that—\nspecifies the member, the interest and the matter; and\nstates that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.\nIf, because of this section, a member is not present at a meeting of the trust for considering or deciding a matter, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the matter at the meeting.\ns 30 prev s 30 amd 1988 No. 2 s 13 ; 1997 No. 17 s 43\nom 1997 No. 79 s 51 sch 4\npres s 30 sub 1995 No. 58 s 4 sch 1 ; 1997 No. 79 s 57\n(sec.30-ssec.1) A member who has a material personal interest in a matter that is being considered by the trust must not— vote on the matter; or vote on a proposed resolution under subsection (2) (a related resolution ) in relation to the matter (whether in relation to the member or another member); or be present while the matter, or a related resolution, is being considered by the trust; or otherwise take part in any decision of the trust in relation to the matter or a related resolution. Maximum penalty—100 penalty units.\n(sec.30-ssec.2) Subsection (1) does not apply to the matter if the trust has at any time passed a resolution that— specifies the member, the interest and the matter; and states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.\n(sec.30-ssec.3) If, because of this section, a member is not present at a meeting of the trust for considering or deciding a matter, but there would be a quorum if the member were present, the remaining members present are a quorum for considering or deciding the matter at the meeting.\n- (a) vote on the matter; or\n- (b) vote on a proposed resolution under subsection (2) (a related resolution ) in relation to the matter (whether in relation to the member or another member); or\n- (c) be present while the matter, or a related resolution, is being considered by the trust; or\n- (d) otherwise take part in any decision of the trust in relation to the matter or a related resolution.\n- (a) specifies the member, the interest and the matter; and\n- (b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Delegation by trust","content":"### sec.31 Delegation by trust\n\nThe trust may, by resolution, delegate its powers to—\na member; or\na committee of members; or\nthe director; or\nan appropriately qualified employee of the trust.\ns 31 prev s 31 om 1997 No. 79 s 51 sch 4\npres s 31 sub 1995 No. 58 s 4 sch 1 ; 1997 No. 79 s 57\n- (a) a member; or\n- (b) a committee of members; or\n- (c) the director; or\n- (d) an appropriately qualified employee of the trust.","sortOrder":40},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Director and staff","content":"## Director and staff","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Appointment of director","content":"### sec.32 Appointment of director\n\nThere is to be a director of the trust.\nThe director is to be appointed by the Governor in Council for the term, and on the conditions, stated in the instrument of appointment.\nThe stated term must not be longer than 5 years.\ns 32 prev s 32 om 1997 No. 79 s 51 sch 4\npres s 32 sub 1997 No. 79 s 57 ; 2007 No. 53 s 20\n(sec.32-ssec.1) There is to be a director of the trust.\n(sec.32-ssec.2) The director is to be appointed by the Governor in Council for the term, and on the conditions, stated in the instrument of appointment.\n(sec.32-ssec.3) The stated term must not be longer than 5 years.","sortOrder":42},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Minister to obtain trust’s approval","content":"### sec.32A Minister to obtain trust’s approval\n\nThe Minister must not recommend the Governor in Council act under section 32 (2) unless the recommendation has been approved by the trust.\ns 32A ins 2007 No. 53 s 20","sortOrder":43},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Director is employee of the trust","content":"### sec.32B Director is employee of the trust\n\nDespite section 32 —\nthe director is an employee of the trust and not of the State; and\nsubject to the conditions of the director’s appointment, the trust may enter into a contract of employment with the director.\ns 32B ins 2007 No. 53 s 20\n- (a) the director is an employee of the trust and not of the State; and\n- (b) subject to the conditions of the director’s appointment, the trust may enter into a contract of employment with the director.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Duties of director","content":"### sec.33 Duties of director\n\nThe director is, under the members, to manage the trust.\ns 33 prev s 33 om 1997 No. 79 s 51 sch 4\npres s 33 sub 1997 No. 79 s 57","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Director to attend trust meetings","content":"### sec.34 Director to attend trust meetings\n\nThis section applies if the director is not a member.\nThe director must attend all meetings of the trust unless excused or precluded by the trust.\ns 34 ins 1997 No. 79 s 57\n(sec.34-ssec.1) This section applies if the director is not a member.\n(sec.34-ssec.2) The director must attend all meetings of the trust unless excused or precluded by the trust.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Things done by director","content":"### sec.35 Things done by director\n\nAnything done in the name of, or for, the trust by the director is taken to have been done by the trust.\ns 35 ins 1997 No. 79 s 57","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Delegation by director","content":"### sec.36 Delegation by director\n\nThe director may delegate the director’s powers (including a power delegated to the director by the trust) to an appropriately qualified employee of the trust.\nSubsection (1) has effect subject to any directions by the trust.\ns 36 prev s 36 amd 1988 No. 2 s 15\nom 1997 No. 79 s 51 sch 4\npres s 36 ins 1997 No. 79 s 57\n(sec.36-ssec.1) The director may delegate the director’s powers (including a power delegated to the director by the trust) to an appropriately qualified employee of the trust.\n(sec.36-ssec.2) Subsection (1) has effect subject to any directions by the trust.","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Employees","content":"### sec.37 Employees\n\nThe trust may employ the persons it considers necessary to perform its functions.\nSubject to any relevant award the trust may decide the employees’ terms of employment.\nThe employees are to be employed under this Act and not the Public Sector Act 2022 .\ns 37 prev s 37 om 1997 No. 79 s 51 sch 4\npres s 37 ins 1997 No. 79 s 57\namd 2009 No. 25 s 83 sch ; 2016 No. 63 s 1157 sch 6 ; 2022 No. 34 s 365 sch 3\n(sec.37-ssec.1) The trust may employ the persons it considers necessary to perform its functions.\n(sec.37-ssec.2) Subject to any relevant award the trust may decide the employees’ terms of employment.\n(sec.37-ssec.3) The employees are to be employed under this Act and not the Public Sector Act 2022 .","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Superannuation schemes","content":"### sec.38 Superannuation schemes\n\nThe trust may—\nestablish and maintain, or amend, superannuation schemes; or\njoin in establishing and maintaining, or amending, superannuation schemes; or\ntake part in superannuation schemes.\ns 38 prev s 38 amd 1995 No. 58 s 4 sch 1\nom 1996 No. 54 s 9 sch\npres s 38 ins 1997 No. 79 s 57\n- (a) establish and maintain, or amend, superannuation schemes; or\n- (b) join in establishing and maintaining, or amending, superannuation schemes; or\n- (c) take part in superannuation schemes.","sortOrder":50},{"sectionNumber":"sec.38A","sectionType":"section","heading":null,"content":"### Section sec.38A\n\ns 38A sub 1995 No. 36 s 9 sch 2\nom 1997 No. 79 s 51 sch 4","sortOrder":51},{"sectionNumber":"pt.3","sectionType":"part","heading":"Financial provisions","content":"# Financial provisions","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application of Financial Accountability Act 2009","content":"### sec.39 Application of Financial Accountability Act 2009\n\nThe trust is a statutory body under the Financial Accountability Act 2009 .\ns 39 prev s 39 amd 1995 No. 58 s 4 sch 1\nom 1996 No. 54 s 9 sch\npres s 39 sub 1988 No. 2 s 14 ; 1995 No. 58 s 4 sch 1\namd 2009 No. 9 s 136 sch 1","sortOrder":53},{"sectionNumber":"sec.40","sectionType":"section","heading":"Trust is statutory body under Statutory Bodies Financial Arrangements Act 1982","content":"### sec.40 Trust is statutory body under Statutory Bodies Financial Arrangements Act 1982\n\nUnder the Statutory Bodies Financial Arrangements Act 1982 , the trust is a statutory body.\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the trust’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 40 orig s 40 om 1997 No. 79 s 51 sch 4\nprev s 40 om 1988 No. 2 s 14\npres s 40 ins 1996 No. 54 s 9 sch\n(sec.40-ssec.1) Under the Statutory Bodies Financial Arrangements Act 1982 , the trust is a statutory body.\n(sec.40-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the trust’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":54},{"sectionNumber":"sec.41","sectionType":"section","heading":"Power to establish investment common funds","content":"### sec.41 Power to establish investment common funds\n\nThe trust may establish investment common funds for the collective investment of moneys of the trust, trust moneys or other moneys held by or in the custody of the trust.\nThe trust may, from time to time without liability for breach of trust, bring into or withdraw from an investment common fund established by it the whole or any part of moneys of the trust, trust moneys or other moneys held by or in the custody of the trust.\nSubject to subsections (4) and (5) , the trust shall distribute periodically the income of each investment common fund amongst those funds participating in the common fund, having regard to the extent of the participation of those funds in the common fund during the relevant accounting period.\nIn a case where the trust has brought into an investment common fund sums of money that, having been received by it to be expended for a stated purpose, will not for any cause be expended for that purpose forthwith, the trust may pay into another fund of the trust (other than an investment common fund) the whole or any part of that portion of the income of such investment common fund that is attributable to the participation of those sums of money in that common fund and that is not required for the stated purpose.\nThe trust may if it considers it proper so to do, from time to time, add a portion of the income of an investment common fund to the capital thereof or use another portion of that income to establish or augment a fund or funds as a provision against capital depreciation or reduction of income.\nThis section does not confer a power to invest on the trust.\ns 41 prev s 41 om 1996 No. 54 s 9 sch\npres s 41 amd 1997 No. 79 s 58\n(sec.41-ssec.1) The trust may establish investment common funds for the collective investment of moneys of the trust, trust moneys or other moneys held by or in the custody of the trust.\n(sec.41-ssec.2) The trust may, from time to time without liability for breach of trust, bring into or withdraw from an investment common fund established by it the whole or any part of moneys of the trust, trust moneys or other moneys held by or in the custody of the trust.\n(sec.41-ssec.3) Subject to subsections (4) and (5) , the trust shall distribute periodically the income of each investment common fund amongst those funds participating in the common fund, having regard to the extent of the participation of those funds in the common fund during the relevant accounting period.\n(sec.41-ssec.4) In a case where the trust has brought into an investment common fund sums of money that, having been received by it to be expended for a stated purpose, will not for any cause be expended for that purpose forthwith, the trust may pay into another fund of the trust (other than an investment common fund) the whole or any part of that portion of the income of such investment common fund that is attributable to the participation of those sums of money in that common fund and that is not required for the stated purpose.\n(sec.41-ssec.5) The trust may if it considers it proper so to do, from time to time, add a portion of the income of an investment common fund to the capital thereof or use another portion of that income to establish or augment a fund or funds as a provision against capital depreciation or reduction of income.\n(sec.41-ssec.6) This section does not confer a power to invest on the trust.","sortOrder":55},{"sectionNumber":"pt.4","sectionType":"part","heading":"Planning","content":"# Planning","sortOrder":56},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":57},{"sectionNumber":"sec.42","sectionType":"section","heading":"How pt 4 applies if offices of Minister and Treasurer are held by the 1 person","content":"### sec.42 How pt 4 applies if offices of Minister and Treasurer are held by the 1 person\n\nThis section applies if, under a provision of this part, a thing is required to be done by or in relation to the Minister and the Treasurer and the Minister is the Treasurer.\nThe provision is satisfied if the thing is done by or in relation to the Minister.\ns 42 prev s 42 amd 1995 No. 58 s 4 sch 1\nom 1996 No. 54 s 9 sch\npres s 42 ins 1997 No. 79 s 59\n(sec.42-ssec.1) This section applies if, under a provision of this part, a thing is required to be done by or in relation to the Minister and the Treasurer and the Minister is the Treasurer.\n(sec.42-ssec.2) The provision is satisfied if the thing is done by or in relation to the Minister.","sortOrder":58},{"sectionNumber":"sec.43","sectionType":"section","heading":"Part additional to standard","content":"### sec.43 Part additional to standard\n\nThis part is additional to and does not derogate from the standard.\nHowever, if there is an inconsistency between this part and the standard, this part prevails to the extent of the inconsistency.\nAlso, if something is required to be done under this part and the same thing, or something to the same effect, is required to be done under the standard, compliance with this part is sufficient compliance with the standard.\ns 43 prev s 43 om 1996 No. 54 s 9 sch\npres s 43 ins 1997 No. 79 s 59\n(sec.43-ssec.1) This part is additional to and does not derogate from the standard.\n(sec.43-ssec.2) However, if there is an inconsistency between this part and the standard, this part prevails to the extent of the inconsistency.\n(sec.43-ssec.3) Also, if something is required to be done under this part and the same thing, or something to the same effect, is required to be done under the standard, compliance with this part is sufficient compliance with the standard.","sortOrder":59},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Strategic and operational plans for trust","content":"## Strategic and operational plans for trust","sortOrder":60},{"sectionNumber":"sec.44","sectionType":"section","heading":"Draft strategic and operational plans","content":"### sec.44 Draft strategic and operational plans\n\nThe trust must prepare and submit to the Minister for the Minister’s agreement, draft strategic and operational plans for the trust not later than 2 months before the start of each financial year.\nIn preparing the draft plans the trust must consult with the Minister.\nThe trust must give copies of the draft plans to the Treasurer at the same time as it gives the plans to the Minister.\nThe draft plans must—\nbe in the form approved by the Minister; and\nprovide for the things that a strategic plan and an operational plan for the trust must provide for under the standard or this part; and\nbe accompanied by—\na statement of resource implications, and major policy changes, resulting from the proposed plan; and\nany budget documents the trust has prepared for the State’s funding of the trust.\nThe trust and the Minister must try to reach agreement on the draft plans as soon as possible and in any event not later than 1 month before the start of the financial year.\ns 44 prev s 44 amd 1995 No. 58 s 4 sch 1\nom 1996 No. 54 s 9 sch\npres s 44 ins 1997 No. 79 s 59\namd 2003 No. 66 s 28\n(sec.44-ssec.1) The trust must prepare and submit to the Minister for the Minister’s agreement, draft strategic and operational plans for the trust not later than 2 months before the start of each financial year.\n(sec.44-ssec.2) In preparing the draft plans the trust must consult with the Minister.\n(sec.44-ssec.3) The trust must give copies of the draft plans to the Treasurer at the same time as it gives the plans to the Minister.\n(sec.44-ssec.4) The draft plans must— be in the form approved by the Minister; and provide for the things that a strategic plan and an operational plan for the trust must provide for under the standard or this part; and be accompanied by— a statement of resource implications, and major policy changes, resulting from the proposed plan; and any budget documents the trust has prepared for the State’s funding of the trust.\n(sec.44-ssec.5) The trust and the Minister must try to reach agreement on the draft plans as soon as possible and in any event not later than 1 month before the start of the financial year.\n- (a) be in the form approved by the Minister; and\n- (b) provide for the things that a strategic plan and an operational plan for the trust must provide for under the standard or this part; and\n- (c) be accompanied by— (i) a statement of resource implications, and major policy changes, resulting from the proposed plan; and (ii) any budget documents the trust has prepared for the State’s funding of the trust.\n- (i) a statement of resource implications, and major policy changes, resulting from the proposed plan; and\n- (ii) any budget documents the trust has prepared for the State’s funding of the trust.\n- (i) a statement of resource implications, and major policy changes, resulting from the proposed plan; and\n- (ii) any budget documents the trust has prepared for the State’s funding of the trust.","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Special procedures for draft strategic and operational plans","content":"### sec.45 Special procedures for draft strategic and operational plans\n\nThe Minister may return the draft strategic and operational plans to the trust and ask it—\nto consider, or further consider, anything and deal with the thing in the draft plans; and\nto revise the draft plans in the light of its consideration or further consideration.\nThe trust must comply with the request as a matter of urgency but subsection (1) does not require the trust to amend the draft plans.\nIf the draft plans have not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the trust—\nto take specified steps in relation to the draft plans or either of them; or\nto make specified modifications of the draft plans or either of them.\nThe trust must immediately comply with the direction and include a copy of the direction in the plans, or the plan concerned.\nThe Minister may act under subsection (1) or (3) for a thing having resource implications for the trust that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the implications.\ns 45 prev s 45 om 1996 No. 54 s 9 sch\npres s 45 ins 1997 No. 79 s 59\n(sec.45-ssec.1) The Minister may return the draft strategic and operational plans to the trust and ask it— to consider, or further consider, anything and deal with the thing in the draft plans; and to revise the draft plans in the light of its consideration or further consideration.\n(sec.45-ssec.2) The trust must comply with the request as a matter of urgency but subsection (1) does not require the trust to amend the draft plans.\n(sec.45-ssec.3) If the draft plans have not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the trust— to take specified steps in relation to the draft plans or either of them; or to make specified modifications of the draft plans or either of them.\n(sec.45-ssec.4) The trust must immediately comply with the direction and include a copy of the direction in the plans, or the plan concerned.\n(sec.45-ssec.5) The Minister may act under subsection (1) or (3) for a thing having resource implications for the trust that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the implications.\n- (a) to consider, or further consider, anything and deal with the thing in the draft plans; and\n- (b) to revise the draft plans in the light of its consideration or further consideration.\n- (a) to take specified steps in relation to the draft plans or either of them; or\n- (b) to make specified modifications of the draft plans or either of them.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Strategic and operational plans on agreement","content":"### sec.46 Strategic and operational plans on agreement\n\nWhen the draft strategic and operational plans have been agreed to in writing by the Minister, they become the trust’s strategic and operational plans for the relevant financial year.\nHowever, the Minister must not agree to the plans for subsection (1) until Parliament appropriates amounts for the department for the relevant financial year.\ns 46 prev s 46 om 1996 No. 54 s 9 sch\npres 46 ins 1997 No. 79 s 59\n(sec.46-ssec.1) When the draft strategic and operational plans have been agreed to in writing by the Minister, they become the trust’s strategic and operational plans for the relevant financial year.\n(sec.46-ssec.2) However, the Minister must not agree to the plans for subsection (1) until Parliament appropriates amounts for the department for the relevant financial year.","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"Strategic and operational plans pending agreement","content":"### sec.47 Strategic and operational plans pending agreement\n\nThis section applies if the Minister and the trust have not agreed to draft strategic and operational plans before the start of the relevant financial year.\nThe draft plans submitted, or last submitted, by the trust to the Minister before the start of the financial year, with any modifications made by the trust, whether before or after that time, at the direction of the Minister, are taken to be the trust’s strategic and operational plans.\nSubsection (2) applies until draft strategic and operational plans become the trust’s strategic and operational plans under section 46 .\ns 47 prev s 47 om 1996 No. 54 s 9 sch\npres s 47 ins 1997 No. 79 s 59\n(sec.47-ssec.1) This section applies if the Minister and the trust have not agreed to draft strategic and operational plans before the start of the relevant financial year.\n(sec.47-ssec.2) The draft plans submitted, or last submitted, by the trust to the Minister before the start of the financial year, with any modifications made by the trust, whether before or after that time, at the direction of the Minister, are taken to be the trust’s strategic and operational plans.\n(sec.47-ssec.3) Subsection (2) applies until draft strategic and operational plans become the trust’s strategic and operational plans under section 46 .","sortOrder":64},{"sectionNumber":"sec.48","sectionType":"section","heading":"Modifications of strategic and operational plans","content":"### sec.48 Modifications of strategic and operational plans\n\nThe trust may modify its strategic or operational plan only with the written agreement of the Minister.\nThe Minister may, by written notice, direct the trust to modify its strategic or operational plan.\nThe Minister may act under subsection (1) or (2) for a modification having resource implications for the trust that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the modification.\ns 48 prev s 48 amd 1996 No. 54 s 9 sch\nom 1997 No. 79 s 51 sch 4\npres s 48 ins 1997 No. 79 s 59\n(sec.48-ssec.1) The trust may modify its strategic or operational plan only with the written agreement of the Minister.\n(sec.48-ssec.2) The Minister may, by written notice, direct the trust to modify its strategic or operational plan.\n(sec.48-ssec.3) The Minister may act under subsection (1) or (2) for a modification having resource implications for the trust that are likely to require additional funding by the State only if the Minister has consulted with the Treasurer about the modification.","sortOrder":65},{"sectionNumber":"sec.49","sectionType":"section","heading":"State’s agreed triennial funding","content":"### sec.49 State’s agreed triennial funding\n\nThe trust’s strategic plan must include the State’s agreed funding proposals for the trust for the period covered by the plan or, if the period is more than 3 years, the first 3 years.\ns 49 prev s 49 om 1996 No. 54 s 9 sch\npres s 49 ins 1997 No. 79 s 59","sortOrder":66},{"sectionNumber":"sec.50","sectionType":"section","heading":"Elements of operational plans","content":"### sec.50 Elements of operational plans\n\nThe trust’s operational plan must include the following—\ntargets for, and ways of measuring, outputs the trust intends to supply;\nidentification of the outputs that are not in the trust’s commercial interests to supply;\nidentification of the outputs intended to be funded by amounts appropriated by Parliament for the department, or by other grants to the trust;\nidentification of any outputs intended to be funded from the trust’s commercial and fundraising activities;\nan outline of the nature and scope of activities, including commercial and fundraising activities, the trust proposes to undertake;\nan outline of the major investments and borrowings the trust intends to make;\nan outline of the trust’s risk management policies and procedures;\nan outline of the main undertakings proposed by the trust.\ns 50 prev s 50 amd 1995 No. 58 s 4 sch 1\nom 1996 No. 54 s 9 sch\npres s 50 ins 1997 No. 79 s 59\n- (a) targets for, and ways of measuring, outputs the trust intends to supply;\n- (b) identification of the outputs that are not in the trust’s commercial interests to supply;\n- (c) identification of the outputs intended to be funded by amounts appropriated by Parliament for the department, or by other grants to the trust;\n- (d) identification of any outputs intended to be funded from the trust’s commercial and fundraising activities;\n- (e) an outline of the nature and scope of activities, including commercial and fundraising activities, the trust proposes to undertake;\n- (f) an outline of the major investments and borrowings the trust intends to make;\n- (g) an outline of the trust’s risk management policies and procedures;\n- (h) an outline of the main undertakings proposed by the trust.","sortOrder":67},{"sectionNumber":"sec.51","sectionType":"section","heading":"Information systems and physical assets strategic plans","content":"### sec.51 Information systems and physical assets strategic plans\n\nThe trust’s information systems and physical assets strategic plans under the standard must be included in the trust’s strategic plan.\ns 51 prev s 51 om 1997 No. 79 s 51 sch 4\npres s 51 ins 1997 No. 79 s 59","sortOrder":68},{"sectionNumber":"pt.5","sectionType":"part","heading":"Accountability matters","content":"# Accountability matters","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Trust to keep Minister informed","content":"### sec.52 Trust to keep Minister informed\n\nThe trust must—\nkeep the Minister reasonably informed of the trust’s operations including its financial and operational performance and the achievement of its goals; and\ngive to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and\nif matters arise that in the trust’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.\nSubsection (1) does not limit the matters of which the trust is required to keep the Minister informed, or limit the reports or information that the trust is required, or may be required, to give to the Minister, by another Act.\ns 52 ins 1997 No. 79 s 59\n(sec.52-ssec.1) The trust must— keep the Minister reasonably informed of the trust’s operations including its financial and operational performance and the achievement of its goals; and give to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and if matters arise that in the trust’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.\n(sec.52-ssec.2) Subsection (1) does not limit the matters of which the trust is required to keep the Minister informed, or limit the reports or information that the trust is required, or may be required, to give to the Minister, by another Act.\n- (a) keep the Minister reasonably informed of the trust’s operations including its financial and operational performance and the achievement of its goals; and\n- (b) give to the Minister reports and information that the Minister requires to enable the Minister to make informed assessments of matters mentioned in paragraph (a) ; and\n- (c) if matters arise that in the trust’s opinion may prevent, or significantly affect, achievement of its goals under its strategic plan or significantly affect its performance in delivering the outputs under its operational plan—immediately inform the Minister of the matters and its opinion about them.","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"Monitoring and assessment of trust","content":"### sec.53 Monitoring and assessment of trust\n\nThe Minister may ask an appropriately qualified officer of the department or another appropriately qualified person to investigate, and report to the Minister on, any matter relating to the trust.\nThe person may give written directions to the trust for the investigation.\nWithout limiting subsection (2) , the person may direct the trust—\nto give to the person any information about the trust that the person considers necessary or desirable in connection with the investigation; and\nto permit other persons authorised by the person to have access to specified records and other documents about the trust that the person considers necessary or desirable in connection with the investigation; and\nto take steps the person considers necessary or desirable for the investigation.\nThe trust must ensure that any direction given to it under this section is complied with.\nBefore reporting on the investigation to the Minister, the person must consult with the trust about the report.\ns 53 ins 1997 No. 79 s 59\n(sec.53-ssec.1) The Minister may ask an appropriately qualified officer of the department or another appropriately qualified person to investigate, and report to the Minister on, any matter relating to the trust.\n(sec.53-ssec.2) The person may give written directions to the trust for the investigation.\n(sec.53-ssec.3) Without limiting subsection (2) , the person may direct the trust— to give to the person any information about the trust that the person considers necessary or desirable in connection with the investigation; and to permit other persons authorised by the person to have access to specified records and other documents about the trust that the person considers necessary or desirable in connection with the investigation; and to take steps the person considers necessary or desirable for the investigation.\n(sec.53-ssec.4) The trust must ensure that any direction given to it under this section is complied with.\n(sec.53-ssec.5) Before reporting on the investigation to the Minister, the person must consult with the trust about the report.\n- (a) to give to the person any information about the trust that the person considers necessary or desirable in connection with the investigation; and\n- (b) to permit other persons authorised by the person to have access to specified records and other documents about the trust that the person considers necessary or desirable in connection with the investigation; and\n- (c) to take steps the person considers necessary or desirable for the investigation.","sortOrder":71},{"sectionNumber":"pt.6","sectionType":"part","heading":"Reporting","content":"# Reporting","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":"Annual report","content":"### sec.54 Annual report\n\nThe trust’s annual report under the Financial Accountability Act 2009 must include—\na summary of the operational plan for the relevant financial year; and\na summary of any modifications of the operational plan during the relevant financial year; and\nparticulars of any directions given to the trust by the Minister that relate to the relevant financial year; and\nparticulars of the impact on the financial position of the trust of any modifications of the operational plan, and any directions given to the trust by the Minister, that relate to the relevant financial year.\ns 54 ins 1997 No. 79 s 59\namd 2009 No. 9 s 136 sch 1\n- (a) a summary of the operational plan for the relevant financial year; and\n- (b) a summary of any modifications of the operational plan during the relevant financial year; and\n- (c) particulars of any directions given to the trust by the Minister that relate to the relevant financial year; and\n- (d) particulars of the impact on the financial position of the trust of any modifications of the operational plan, and any directions given to the trust by the Minister, that relate to the relevant financial year.","sortOrder":73},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":74},{"sectionNumber":"sec.55","sectionType":"section","heading":"Delegation by Minister","content":"### sec.55 Delegation by Minister\n\nThe Minister may delegate the Minister’s powers under this Act to an appropriately qualified officer of the department.\nHowever, the Minister may not delegate any of the following powers—\nthe power to give the trust a function for section 12 (1) (j) ;\nthe power to direct the trust under sections 15 , 45 (3) and 48 (2) ;\nthe power to agree in writing to, and agree in writing to modifications of, the trust’s strategic and operational plans;\nthe power to ask a person to investigate and report under section 53 (1) .\ns 55 sub 1997 No. 79 s 60\n(sec.55-ssec.1) The Minister may delegate the Minister’s powers under this Act to an appropriately qualified officer of the department.\n(sec.55-ssec.2) However, the Minister may not delegate any of the following powers— the power to give the trust a function for section 12 (1) (j) ; the power to direct the trust under sections 15 , 45 (3) and 48 (2) ; the power to agree in writing to, and agree in writing to modifications of, the trust’s strategic and operational plans; the power to ask a person to investigate and report under section 53 (1) .\n- (a) the power to give the trust a function for section 12 (1) (j) ;\n- (b) the power to direct the trust under sections 15 , 45 (3) and 48 (2) ;\n- (c) the power to agree in writing to, and agree in writing to modifications of, the trust’s strategic and operational plans;\n- (d) the power to ask a person to investigate and report under section 53 (1) .","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Protection from liability of members","content":"### sec.56 Protection from liability of members\n\nA member is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the trust.\nThis section is subject to section 57 .\ns 56 amd 1995 No. 58 s 4 sch 1\nsub 1997 No. 79 s 60\n(sec.56-ssec.1) A member is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.56-ssec.2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the trust.\n(sec.56-ssec.3) This section is subject to section 57 .","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"Illegal borrowing","content":"### sec.57 Illegal borrowing\n\nSubsection (2) applies if the trust borrows an amount that it is not authorised to borrow under an Act.\nThe members who consented to the borrowing are jointly and severally liable to repay the amount, and any interest on it, to the person from whom it was borrowed and the person may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\nSubsection (4) applies if an amount is appropriated from the trust’s moneys to repay an amount mentioned in subsection (1) or interest on the amount.\nThe members who consented to the appropriation are jointly and severally liable to refund the amount, together with interest on the amount at a rate decided by the Treasurer, and the Treasurer may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\nIf the Treasurer brings an action under subsection (4) —\nthe Treasurer is entitled to costs as between solicitor and client; and\nany amount recovered must be paid to the trust.\nSubsection (2) does not apply to a member if, at the time the member consented to the borrowing, the member believed on grounds that were reasonable in all the circumstances that the trust was authorised under an Act to borrow the amount.\nSubsection (4) does not apply to a member if—\nsubsection (2) does not apply to the member because of subsection (6) ; or\nthe member did not consent to the borrowing.\ns 57 ins 1997 No. 79 s 60\n(sec.57-ssec.1) Subsection (2) applies if the trust borrows an amount that it is not authorised to borrow under an Act.\n(sec.57-ssec.2) The members who consented to the borrowing are jointly and severally liable to repay the amount, and any interest on it, to the person from whom it was borrowed and the person may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\n(sec.57-ssec.3) Subsection (4) applies if an amount is appropriated from the trust’s moneys to repay an amount mentioned in subsection (1) or interest on the amount.\n(sec.57-ssec.4) The members who consented to the appropriation are jointly and severally liable to refund the amount, together with interest on the amount at a rate decided by the Treasurer, and the Treasurer may recover the amount and interest by action as for a debt in a court of competent jurisdiction.\n(sec.57-ssec.5) If the Treasurer brings an action under subsection (4) — the Treasurer is entitled to costs as between solicitor and client; and any amount recovered must be paid to the trust.\n(sec.57-ssec.6) Subsection (2) does not apply to a member if, at the time the member consented to the borrowing, the member believed on grounds that were reasonable in all the circumstances that the trust was authorised under an Act to borrow the amount.\n(sec.57-ssec.7) Subsection (4) does not apply to a member if— subsection (2) does not apply to the member because of subsection (6) ; or the member did not consent to the borrowing.\n- (a) the Treasurer is entitled to costs as between solicitor and client; and\n- (b) any amount recovered must be paid to the trust.\n- (a) subsection (2) does not apply to the member because of subsection (6) ; or\n- (b) the member did not consent to the borrowing.","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of rule against perpetuities","content":"### sec.58 Application of rule against perpetuities\n\nFor the application of the rule against perpetuities to gifts to the trust, the trust’s purposes are taken to be charitable.\ns 58 ins 1997 No. 79 s 60","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 om 2001 No. 71 s 551 sch 1","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Centre taken to be public place","content":"### sec.60 Centre taken to be public place\n\nThis section applies for any Act conferring or imposing on a police officer powers or functions in respect of a public place or providing for offences committed in a public place.\nThe centre is taken to be a public place.\nSubsection (2) must not be construed to prevent or limit the imposition by the trust of conditions of entry for the centre.\ns 60 sub 1997 No. 79 s 61\namd 2003 No. 66 s 29\n(sec.60-ssec.1) This section applies for any Act conferring or imposing on a police officer powers or functions in respect of a public place or providing for offences committed in a public place.\n(sec.60-ssec.2) The centre is taken to be a public place.\n(sec.60-ssec.3) Subsection (2) must not be construed to prevent or limit the imposition by the trust of conditions of entry for the centre.","sortOrder":80},{"sectionNumber":"sec.61","sectionType":"section","heading":"Trust’s seal","content":"### sec.61 Trust’s seal\n\nThe trust’s seal is to be kept in the custody directed by the trust and may be used only as authorised by the trust.\nThe attaching of the seal to a document must be witnessed by—\n2 or more members; or\nat least 1 member and the director; or\na member or the director, and 1 or more other persons authorised by the trust.\ns 61 prev s 61 amd 1995 No. 58 s 4 sch 1\nom 1997 No. 79 s 51 sch 4\npres 61 sub 1997 No. 79 s 61\n(sec.61-ssec.1) The trust’s seal is to be kept in the custody directed by the trust and may be used only as authorised by the trust.\n(sec.61-ssec.2) The attaching of the seal to a document must be witnessed by— 2 or more members; or at least 1 member and the director; or a member or the director, and 1 or more other persons authorised by the trust.\n- (a) 2 or more members; or\n- (b) at least 1 member and the director; or\n- (c) a member or the director, and 1 or more other persons authorised by the trust.","sortOrder":81},{"sectionNumber":"sec.62","sectionType":"section","heading":"Authentication of documents","content":"### sec.62 Authentication of documents\n\nA document made by the trust (other than a document required by law to be sealed) is sufficiently authenticated if it is signed by—\nthe chairperson; or\nthe director; or\na person authorised to sign the document by—\nresolution of the trust; or\ndirection of the director.\ns 62 prev s 62 om 1997 No. 79 s 51 sch 4\npres s 62 sub 1997 No. 79 s 61\n- (a) the chairperson; or\n- (b) the director; or\n- (c) a person authorised to sign the document by— (i) resolution of the trust; or (ii) direction of the director.\n- (i) resolution of the trust; or\n- (ii) direction of the director.\n- (i) resolution of the trust; or\n- (ii) direction of the director.","sortOrder":82},{"sectionNumber":"sec.63","sectionType":"section","heading":"Reward for information","content":"### sec.63 Reward for information\n\nThe trust may offer and pay a reward to a person who gives the trust information about an offence it believes or suspects is committed in relation to its property or property in its possession.\nIf a court finds a person guilty of the offence and the trust has paid, or agreed to pay, the reward for information about the offence, the court may order the person to pay to the trust the amount of the reward.\nThe amount is a debt owing by the person to the trust.\nSubsection (2) —\napplies whether or not a conviction is recorded; and\ndoes not limit the court’s jurisdiction to impose a penalty or make another order for the offence.\ns 63 prev s 63 amd 1992 No. 36 s 2 sch 1\nom 1995 No. 58 s 4 sch 1\npres s 63 sub 1997 No. 79 s 61\n(sec.63-ssec.1) The trust may offer and pay a reward to a person who gives the trust information about an offence it believes or suspects is committed in relation to its property or property in its possession.\n(sec.63-ssec.2) If a court finds a person guilty of the offence and the trust has paid, or agreed to pay, the reward for information about the offence, the court may order the person to pay to the trust the amount of the reward.\n(sec.63-ssec.3) The amount is a debt owing by the person to the trust.\n(sec.63-ssec.4) Subsection (2) — applies whether or not a conviction is recorded; and does not limit the court’s jurisdiction to impose a penalty or make another order for the offence.\n- (a) applies whether or not a conviction is recorded; and\n- (b) does not limit the court’s jurisdiction to impose a penalty or make another order for the offence.","sortOrder":83},{"sectionNumber":"sec.64","sectionType":"section","heading":"Proceedings for offences","content":"### sec.64 Proceedings for offences\n\nA proceeding for an offence under this Act may be instituted summarily under the Justices Act 1886 .\ns 64 ins 1997 No. 79 s 61","sortOrder":84},{"sectionNumber":"sec.65","sectionType":"section","heading":"Description of property in complaint","content":"### sec.65 Description of property in complaint\n\nIn any proceeding taken in respect of an offence committed in respect of property, or property in the possession, of the trust and in which proceeding it is material to prove ownership of the item in question it shall be sufficient to allege ownership of the item as being in the trust.\ns 65 amd 1997 No. 79 s 62","sortOrder":85},{"sectionNumber":"sec.66","sectionType":"section","heading":"Regulation-making power","content":"### sec.66 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 66 prev s 66 amd 1992 No. 36 s 2 sch 1 ; 1995 No. 58 s 4 sch 1\nom 1997 No. 79 s 63\npres s 66 ins 1995 No. 58 s 4 sch 1\namd 1997 No. 79 s 51 sch 4","sortOrder":86},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":87},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Transitional provisions for Arts Legislation Amendment Act 2003","content":"## Transitional provisions for Arts Legislation Amendment Act 2003","sortOrder":88},{"sectionNumber":"sec.67","sectionType":"section","heading":"Definition for div 1","content":"### sec.67 Definition for div 1\n\nIn this division—\ncommencement means commencement of this section.\ns 67 prev s 67 ins 1997 No. 79 s 64\nexp 19 December 2002 (see s 69)\npres s 67 ins 2003 No. 66 s 30\namd 2007 No. 53 s 22","sortOrder":89},{"sectionNumber":"sec.68","sectionType":"section","heading":"Duration of certain appointments","content":"### sec.68 Duration of certain appointments\n\nThis section applies to a person who was a member of the trust immediately before the commencement.\nDespite section 10(1), the person’s appointment as a member continues until the day the appointment would have ended under this Act as in force immediately before the commencement, unless earlier ended under section 10(3).\ns 68 prev s 68 ins 1997 No. 79 s 64\nexp 19 December 2002 (see s 69)\npres s 68 ins 2003 No. 66 s 30\n(sec.68-ssec.1) This section applies to a person who was a member of the trust immediately before the commencement.\n(sec.68-ssec.2) Despite section 10(1), the person’s appointment as a member continues until the day the appointment would have ended under this Act as in force immediately before the commencement, unless earlier ended under section 10(3).","sortOrder":90},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007","content":"## Transitional provisions for Vocational Education, Training and Employment and Other Legislation Amendment Act 2007","sortOrder":91},{"sectionNumber":"sec.69","sectionType":"section","heading":"Definitions for div 2","content":"### sec.69 Definitions for div 2\n\nIn this division—\ncommencement means the commencement of the provision in which the term is used.\ncurrent appointment , of the present director, means the director’s appointment by the Governor in Council under the pre-amended Act, section 32(1), on 14 February 2002.\ncurrent conditions see section 70(1).\npre-amended Act means this Act as in force before the commencement.\npresent director means the person holding office as the director at the commencement.\ns 69 prev s 69 ins 1997 No. 79 s 64\nexp 19 December 2002 (see s 69)\npres s 69 ins 2007 No. 53 s 23","sortOrder":92},{"sectionNumber":"sec.70","sectionType":"section","heading":"Conditions on which present director holds office","content":"### sec.70 Conditions on which present director holds office\n\nSubject to this division, the present director continues to hold the office on the conditions (the current conditions ) applying under the pre-amended Act, section 32(2), immediately before the commencement.\nThe present director’s current appointment ends and the director ceases holding the office at the end of 3 March 2008.\nSubsection (2) does not prevent the present director ceasing to hold the office at an earlier time under the current conditions or those conditions as amended.\nIf the present director ceases to hold the office under subsection (3), the director’s current appointment also ends.\ns 70 ins 2007 No. 53 s 23\n(sec.70-ssec.1) Subject to this division, the present director continues to hold the office on the conditions (the current conditions ) applying under the pre-amended Act, section 32(2), immediately before the commencement.\n(sec.70-ssec.2) The present director’s current appointment ends and the director ceases holding the office at the end of 3 March 2008.\n(sec.70-ssec.3) Subsection (2) does not prevent the present director ceasing to hold the office at an earlier time under the current conditions or those conditions as amended.\n(sec.70-ssec.4) If the present director ceases to hold the office under subsection (3), the director’s current appointment also ends.","sortOrder":93},{"sectionNumber":"sec.71","sectionType":"section","heading":"Current conditions may be amended","content":"### sec.71 Current conditions may be amended\n\nThe trust may, with the Governor in Council’s approval, amend the current conditions.\nHowever, subject to section 70(3), the conditions can not be amended in a way that would interfere with the operation of section 70(2).\ns 71 ins 2007 No. 53 s 23\n(sec.71-ssec.1) The trust may, with the Governor in Council’s approval, amend the current conditions.\n(sec.71-ssec.2) However, subject to section 70(3), the conditions can not be amended in a way that would interfere with the operation of section 70(2).","sortOrder":94},{"sectionNumber":"sec.72","sectionType":"section","heading":"No compensation payable","content":"### sec.72 No compensation payable\n\nCompensation may not be claimed by, and is not payable to, the present director, whether under the current conditions, those conditions as amended or otherwise, because of the operation of section 70(2).\ns 72 ins 2007 No. 53 s 23","sortOrder":95}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":635},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing and governing the Queensland Performing Arts Trust. While it has been amended multiple times since 1977 (particularly in 1997, 2003 and 2007) to modernise governance, planning and accountability frameworks, these changes have not expanded the scope beyond performing arts management and cultural development. The 2003 amendments added guiding principles and the 2007 amendments clarified the director's employment status, but both refinements stay within the original legislative intent."},"complexity_factors":["Multiple cross-references to other Queensland Acts (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Personal Property Securities Act 2009, Public Sector Act 2022)","Layered governance structure with Governor in Council, Minister, board members, director and employees each having distinct roles","Conditional planning requirements with multiple deadlines and Ministerial approval steps (sections 44-48)","Transitional provisions with time-limited definitions and sunset clauses in Part 8","Nested exceptions in member liability provisions (section 57 has 7 subsections with multiple carve-outs)","Dual planning framework requiring both strategic and operational plans with specific mandatory inclusions"],"plain_english_summary":"This Act establishes and governs the **Queensland Performing Arts Trust** — a government body that runs performing arts venues and programs in Queensland.\n\n**What the Trust does:**\n- Produces, presents and manages performing arts at the Queensland Performing Arts Centre (QPAC) in Brisbane and other venues\n- Runs education programs — schools, lectures, courses and training in music, theatre, dance and other performing arts\n- Provides venues and equipment for performances\n- Promotes public interest and participation in the arts, especially for children, young people, regional communities, and Aboriginal and Torres Strait Islander cultures\n- Develops international collaborations, particularly with the Asia-Pacific region\n\n**How it's run:**\n- The Trust is a **body corporate** (a legal entity that can own property, sign contracts and be sued)\n- A **board of members** appointed by the Governor in Council oversees it, with a chairperson and deputy chairperson\n- A **director** (CEO) manages day-to-day operations and is an employee of the Trust, not the public service\n- The Trust employs its own staff and sets their conditions\n\n**Key accountability features:**\n- Must prepare **strategic and operational plans** each year, agreed with the Minister\n- Subject to the **Financial Accountability Act 2009** and directions from the Minister\n- Must keep the Minister informed of operations and report annually\n- Members are protected from personal liability for honest actions, but can be personally liable if they approve illegal borrowing\n\n**Special rules:**\n- The Trust can sell or dispose of uncollected property after giving notice\n- The Queensland Performing Arts Centre is deemed a **public place** for police powers\n- The Trust can offer rewards for information about offences against its property"},"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":6,"scope_assessment":{"changed":true,"description":"The original 1977 Act had a narrower focus on establishing and operating the Queensland Performing Arts Centre as a physical venue. Over subsequent decades — particularly through 1988, 1997, and 2003 amendments — the scope expanded significantly to include: explicit cultural development objectives encompassing all Queenslanders; guiding principles covering regional communities, Indigenous cultures, children, international collaboration, and lifelong learning; a sophisticated strategic and operational planning regime aligned with whole-of-government financial accountability frameworks; detailed governance structures modelled on corporate law principles (ultra vires abolition, third-party dealing protections); and broader community engagement and education functions well beyond venue management."},"complexity_factors":["Multiple layers of governance: Governor in Council, Minister, Treasurer, and Trust board all have interlocking powers and approval requirements","Financial arrangements cross-reference multiple external Acts (Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Personal Property Securities Act 2009)","Strategic and operational planning regime with detailed timelines, fallback provisions, and concurrent Ministerial/Treasurer consultation requirements","Doctrine of ultra vires abolition and third-party dealing protections involve technical corporate law concepts","Transitional provisions spanning multiple amendment Acts (2003, 2007) with time-limited rules for specific appointees","Member liability provisions for illegal borrowing involve joint and several liability concepts and good-faith defences","Investment common funds provisions contain technical financial language","Numerous sections have been substituted, amended or omitted across multiple amendment rounds since 1977, creating a complex legislative history"],"plain_english_summary":"## Queensland Performing Arts Trust Act 1977\n\n### What is this law about?\n\nThis Act establishes and governs the **Queensland Performing Arts Trust (QPAT)** — the organisation that runs the Queensland Performing Arts Centre (QPAC) in Brisbane. Think of it as the rulebook for how QPAC is set up, managed, and held accountable.\n\n### Who does it affect?\n\n- **All Queenslanders** — the Trust's stated purpose is to contribute to the cultural, social and intellectual development of the whole state\n- **Performing artists and arts organisations** who use or perform at QPAC venues\n- **The Trust's board members and staff** — the Act defines their roles, powers, and obligations\n- **The Queensland Government** — which funds and oversees the Trust\n- **Businesses and individuals** who deal commercially with the Trust\n\n### What does it actually do?\n\n**Sets up the Trust as a legal organisation:** QPAT is a *body corporate* (meaning it's treated like a legal person — it can own property, sign contracts, sue and be sued, just like a company).\n\n**Defines what the Trust must do**, including:\n- Produce and present performing arts at QPAC and elsewhere\n- Run education programs in performing arts\n- Promote public participation in the arts\n- Support regional communities, Aboriginal and Torres Strait Islander cultures, children, and diverse audiences\n- Pursue international collaboration, especially with the Asia-Pacific region\n\n**Governs how the Trust is run:**\n- Board members are appointed by the Governor in Council (the Premier and Cabinet) for up to 3 years\n- A Chairperson is appointed by the Governor in Council; a Deputy is elected by the board\n- The Trust's CEO (called the *Director*) is also appointed by the Governor in Council for up to 5 years, but must have the Trust's approval first\n- Board members must disclose conflicts of interest and can't vote on matters where they have a personal financial stake\n- Decisions are made by majority vote at meetings\n\n**Establishes financial oversight:**\n- The Trust must prepare annual strategic and operational plans, agreed with the Minister\n- The Trust is subject to Queensland's financial accountability laws for government bodies\n- Illegal borrowing can make individual board members personally liable to repay the money\n\n**Protects people who deal with the Trust:** If you enter a contract or transaction with the Trust in good faith, it remains valid even if the Trust has breached its own internal rules.\n\n**Covers practical day-to-day matters** like:\n- What happens to property left behind or abandoned at the Centre (it can be auctioned after set time periods)\n- The Centre is treated as a *public place* for policing purposes (but the Trust can still set entry conditions)\n- The Trust can offer rewards for information about offences against its property\n\n### Why does it matter?\n\nThis law is the legal foundation for one of Queensland's most significant cultural institutions. It ensures QPAC operates with proper governance, financial accountability, and a clear public purpose — while giving it enough commercial flexibility to run venues effectively."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.6(1)","severity":"medium","reasoning":"Section 6(1) fails to specify any number of members, leaving the trust's composition entirely indeterminate. Combined with sec.23's quorum requirement of a 'majority of the total number of members for the time being holding office', if zero members are appointed, a majority of zero is mathematically undefined or zero, making all proceedings impossible or potentially valid with no members present.","confidence":0.72,"description":"The trust is to consist of 'the number of members appointed by the Governor in Council' - this specifies no minimum or maximum number of members, meaning the trust could technically consist of zero members, making it impossible to constitute a quorum or conduct any business."},{"type":"self_contradicting","section":"sec.16(3)-(7)","severity":"high","reasoning":"The legislation creates a category of 'contravention' that is entirely toothless. If an act is not invalid, no offence is committed, and no civil liability necessarily flows from the contravention itself, the concept of 'contravention' is rendered meaningless. The section simultaneously says the trust 'contravenes' and then strips every possible legal consequence from that contravention.","confidence":0.85,"description":"The section establishes a contravention regime where: (a) the trust contravenes the section if it exceeds its powers or acts outside its functions; (b) such acts are NOT invalid; (c) officers involved also contravene; (d) officers' acts are also NOT invalid; and (e) NEITHER the trust NOR its officers are guilty of an offence. The result is a 'contravention' that carries no legal consequence whatsoever - it is a violation without a remedy, sanction, or effect."},{"type":"self_contradicting","section":"sec.27(2)","severity":"medium","reasoning":"Section 27(1) counts only those 'voting' for the majority calculation, while sec.27(2) deems abstainers to have voted for the negative. If abstainers are deemed voters, they should be counted in the voting pool for majority purposes, potentially changing outcomes. But if they are counted, the phrase 'present at the meeting and voting' becomes circular - you count abstainers because they voted, but they only voted because of the deeming provision.","confidence":0.7,"description":"A member who abstains from voting 'shall be taken to have voted for the negative.' Combined with sec.27(1) requiring a majority vote of members 'present at the meeting and voting on the business', an abstaining member is simultaneously deemed to have voted (for the negative) yet the voting threshold is based on those 'voting'. This creates an ambiguity: are abstaining members counted in the denominator for majority purposes or not?"},{"type":"other","section":"sec.30(2)","severity":"low","reasoning":"The waiver mechanism is logically self-referential: you need a resolution to allow the member to act, but the member cannot participate in passing that resolution. This is a known corporate law pattern, but the interaction with presence requirements and quorum creates potential deadlock scenarios not fully resolved by sec.30(3).","confidence":0.6,"description":"The conflict-of-interest waiver mechanism in sec.30(2) requires the trust to pass a resolution waiving a member's disqualification - but sec.30(1)(b) explicitly prohibits an interested member from voting on 'a proposed resolution under subsection (2)'. This means the interested member cannot vote on the very resolution that would allow them to participate. While this is intentional, the further absurdity is that the disqualified member cannot be 'present' under sec.30(1)(c) while the waiver resolution is considered, yet the trust may lack quorum without them (partially addressed by sec.30(3))."},{"type":"other","section":"sec.55(2)(a)","severity":"medium","reasoning":"Section 12(1)(k) is the provision under which the Minister gives functions in writing to the trust. Section 12(1)(j) merely describes functions incidental to paragraphs (a)-(i). The non-delegable power in sec.55(2)(a) should reference sec.12(1)(k). This creates uncertainty about whether the Minister's power to give functions under sec.12(1)(k) is actually non-delegable as intended.","confidence":0.78,"description":"Section 55(2)(a) refers to the non-delegable power 'to give the trust a function for section 12(1)(j)'. However, section 12(1)(j) is the provision about incidental/complementary functions, while the power to give additional functions by writing is in section 12(1)(k). The cross-reference appears to be a drafting error pointing to the wrong paragraph."},{"type":"self_contradicting","section":"sec.1B(b)","severity":"medium","reasoning":"Commercial management of venues typically involves maximising revenue, which often means charging market rates. Operating for the benefit of performing artists typically means subsidising access costs. These two objectives pull in opposite directions without any mechanism in the Act for resolving the conflict.","confidence":0.75,"description":"The guiding principle requires that 'leadership and excellence should be demonstrated in the management, on a commercial basis, of venues used for the performing arts, for the benefit of performing artists.' This creates an internal tension: managing venues 'on a commercial basis' (i.e., profit-maximising) is structurally in tension with doing so 'for the benefit of performing artists', who typically benefit from subsidised or affordable access to venues."},{"type":"self_contradicting","section":"sec.41(6)","severity":"high","reasoning":"An 'investment common fund' for 'collective investment of moneys' that does not confer a power to invest is a logical contradiction. The section creates an elaborate administrative framework for investment activity while expressly denying it grants the underlying power that makes the framework operational. The trust would need to find investment power elsewhere to give the section any practical effect.","confidence":0.82,"description":"Section 41 establishes a detailed regime for establishing and managing investment common funds, including bringing moneys in and out, distributing income, and adding income to capital - yet sec.41(6) states 'This section does not confer a power to invest on the trust.' The entire section is premised on investment activity (collective investment of moneys) but simultaneously disclaims conferring any investment power."},{"type":"impossible_compliance","section":"sec.46(2)","severity":"high","reasoning":"The timing requirement for agreement (1 month before financial year start per sec.44(5)) conflicts with the precondition that Parliament must first appropriate funds (sec.46(2)). Parliamentary appropriation bills are frequently passed very close to or sometimes after 1 July. Section 47 provides a fallback, but the combination means the primary mechanism in sec.46 is structurally unworkable in most years.","confidence":0.8,"description":"Section 46(2) prohibits the Minister from agreeing to strategic and operational plans until Parliament appropriates amounts for the department. However, sec.44(1) requires draft plans to be submitted 2 months before the financial year, and sec.44(5) requires agreement to be reached 1 month before the financial year starts - but parliamentary appropriation for a financial year typically does not occur until the Appropriation Act is passed, often close to or after the start of the financial year. This makes timely compliance structurally impossible in many years."},{"type":"self_contradicting","section":"sec.32B","severity":"low","reasoning":"While the legislative intent is clear (to separate the employment relationship from the appointment mechanism), it creates a logical tension: the Governor in Council appoints the director on terms stated in the instrument of appointment, yet the director's employment relationship is with the trust, not the State. The conditions of appointment set by the Governor in Council under sec.32(2) interact awkwardly with the trust's contractual employment relationship under sec.32B(b).","confidence":0.6,"description":"Section 32B(a) provides that 'the director is an employee of the trust and not of the State' despite sec.32(2) providing that 'the director is to be appointed by the Governor in Council'. This creates a conceptual oddity where a person appointed by the Governor in Council (an act of State executive power) is simultaneously deemed not to be an employee of the State."}],"contradictions":[{"severity":"low","section_a":"sec.5","section_b":"sec.32B(a)","confidence":0.55,"description":"Section 5 provides that 'the trust represents the State', giving the trust a quasi-governmental character. Section 32B(a) provides that the director 'is an employee of the trust and not of the State'. If the trust represents the State, an employee of the trust could logically be characterised as an employee of the State (or at least of an entity representing the State), creating a contradiction with the express exclusion in sec.32B(a)."},{"severity":"medium","section_a":"sec.13(a)","section_b":"sec.16(3)","confidence":0.75,"description":"Section 13(a) states that a purpose of Division 3 is 'abolishing any application of the doctrine of ultra vires to the trust'. Section 16(3)(b) provides that the trust 'contravenes this section' if it 'does an act otherwise than in pursuance of its functions' - which is precisely the ultra vires doctrine it purported to abolish. While sec.16(4) saves the validity of the act, the trust still 'contravenes' the section, meaning ultra vires is not truly abolished but merely rendered consequence-free."},{"severity":"low","section_a":"sec.1A","section_b":"sec.12(1)(h)","confidence":0.55,"description":"Section 1A states the object of the Act is to contribute to the cultural development of 'all Queenslanders'. Section 12(1)(h) limits the function of encouraging participation as performers to 'persons resident in Queensland', which is narrower than 'all Queenslanders' (which would include Queenslanders temporarily elsewhere) and potentially extends to Queensland residents who are not Queenslanders. The scope of the object and the scope of this function are misaligned."},{"severity":"medium","section_a":"sec.15","section_b":"sec.16(2)(b)","confidence":0.72,"description":"Section 15 subjects the trust to 'written directions of the Minister in exercising its powers' with no stated limitations. Section 16(2)(b) treats ministerial directions as restrictions on the trust's powers under sec.14, and sec.16(3) says contravening such restrictions means the trust 'contravenes this section' - but sec.16(4) and (7) say neither the act nor any offence results. This means ministerial directions under sec.15 are effectively unenforceable through the Act's own mechanisms, contradicting the mandatory language of sec.15."},{"severity":"high","section_a":"sec.43(1)","section_b":"sec.43(2)","confidence":0.88,"description":"Section 43(1) states this part 'is additional to and does not derogate from the standard'. Section 43(2) then states 'if there is an inconsistency between this part and the standard, this part prevails'. If the part cannot derogate from the standard (sec.43(1)) but prevails over the standard in cases of inconsistency (sec.43(2)), these two subsections directly contradict each other - prevailing over the standard in cases of inconsistency is, by definition, derogating from it."},{"severity":"medium","section_a":"sec.26(1)","section_b":"sec.27(1)","confidence":0.7,"description":"Section 26(1) allows resolutions to be passed without a meeting if 'at least a majority of members sign a document'. Section 27(1) requires functions and powers to be exercised by 'a majority vote of its members present at the meeting and voting on the business'. A circular resolution under sec.26 does not involve members being 'present at a meeting and voting' in the ordinary sense, yet is taken to be passed at a deemed meeting. The basis for calculating the majority differs: sec.26 uses total members, sec.27 uses members present and voting."},{"severity":"low","section_a":"sec.56(1)","section_b":"sec.16(5)-(6)","confidence":0.5,"description":"Section 56(1) protects members from civil liability for acts done 'honestly and without negligence'. Section 16(5) provides that an officer (including a member) who is 'involved in the contravention' of sec.16 contravenes that subsection, and sec.16(6) provides that the officer's act 'is not invalid'. But if a member is involved in an ultra vires act contrary to sec.16 and is therefore in contravention, sec.56(1)'s protection may not apply because the act may not be 'under this Act'. The interaction between these liability provisions is unresolved."}]}},"importantCases":[],"_links":{"self":"/api/acts/queensland-performing-arts-trust-act-1977","history":"/api/acts/queensland-performing-arts-trust-act-1977/history","analysis":"/api/acts/queensland-performing-arts-trust-act-1977/analysis","conflicts":"/api/acts/queensland-performing-arts-trust-act-1977/conflicts","importantCases":"/api/acts/queensland-performing-arts-trust-act-1977/important-cases","documents":"/api/acts/queensland-performing-arts-trust-act-1977/documents"}}