{"id":"nsw:act-1945-030","name":"Sir Joseph Banks Memorial Act 1945","slug":"sir-joseph-banks-memorial-act-1945","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"30 of 1945","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111398,"registerId":"nsw-act-1945-030-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Sir Joseph Banks Memorial Act 1945](/view/html/inforce/current/act-1945-030).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Act unless the context or subject matter otherwise indicates or requires:\n> \n> Banks Papers means any papers or other material relating to Sir Joseph Banks and those associated with him.\n> \n> Regulations means regulations made under this Act.\n> \n> Sir Joseph Banks Memorial Fund means the moneys raised partly by public subscription for a memorial to perpetuate the memory and services of Sir Joseph Banks, partly by the sale of a book entitled “Sir Joseph Banks, the Father of Australia”, and partly by Government grant and private donations which immediately before the commencement of this Act were vested in The Trustees of the Sir Joseph Banks Memorial Fund.\n> \n> Trustees of the Public Library means The Trustees of the Public Library of New South Wales incorporated under the [Library and Art Gallery Act 1899](/view/pdf/asmade/act-1899-54).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Repeal of Act No 1 1943","content":"#### 3 Repeal of Act No 1 1943\n\n3 Repeal of Act No 1 1943\n\n> The [Sir Joseph Banks Memorial Fund Act 1943](/view/pdf/asmade/act-1943-1) is hereby repealed.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Property vested in Trustees of Public Library","content":"#### 4 Property vested in Trustees of Public Library\n\n4 Property vested in Trustees of Public Library\n\n> > (1) The Sir Joseph Banks Memorial Fund and the property in all unsold copies of the book entitled “Sir Joseph Banks, the Father of Australia”, are hereby vested in the Trustees of the Public Library.\n> \n> > (2) All persons having the custody of the Sir Joseph Banks Memorial Fund or of any unsold copies of the aforesaid book shall hold and deal with the same in accordance with the directions of the Trustees of the Public Library and shall account to the Trustees of the Public Library for the same or for the proceeds of the realisation thereof.\n> \n> > (3) Any moneys held by the Trustees of the Public Library pursuant to this Act may, pending the application thereof under this Act, be invested in any of the securities authorised by the Trustee Act 1925–1942.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of moneys","content":"#### 5 Application of moneys\n\n5 Application of moneys\n\n> > (1) Subject to this Act and the regulations the Trustees of the Public Library shall have the control and management of all property vested in the Trustees of the Public Library pursuant to this Act.\n> \n> > (2) The Trustees of the Public Library shall hold the Sir Joseph Banks Memorial Fund and the proceeds of the sale of any copies of the book referred to in section four of this Act and any further sums which may be acquired by them for the purposes of the Sir Joseph Banks Memorial Fund upon trust to apply the same in or towards defraying the cost of editing, publishing and distributing the Banks Papers in a manner and form suitable and fitting to the memory and services of Sir Joseph Banks.\n> \n> > (3) Any moneys held by the Trustees of the Public Library pursuant to this Act shall be held by them in a separate account.\n> \n> > (4) The Trustees of the Public Library shall, subject to any regulations made in that behalf, cause the Banks Papers to be edited, published and distributed under conditions to be determined by them.\n> \n> > (5) The residue, if any, of any moneys held by the Trustees of the Public Library under this Act, after publication and distribution of the Banks Papers in conformity with the foregoing provisions together with the proceeds from the sales of the publication of the Banks Papers, shall be utilised by the Trustees of the Public Library for editing, publishing and distributing works in the natural sciences with special reference to Australasia.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Regulations","content":"#### 6 Regulations\n\n6 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out the provisions of this Act.\n> \n> > (2) (Repealed)\n> \n> **s 6:** Am 2009 No 106, Sch 3.31.","sortOrder":5}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"There is no evidence of scope change. The Act appears to have retained its original narrow purpose of commemorating Sir Joseph Banks since 1945. The 2010 update was likely a minor technical or administrative amendment rather than a substantive change in scope."},"complexity_factors":["Extremely narrow and specific subject matter — a single commemorative memorial","Historical legislation from 1945 with minimal subsequent amendment","No complex regulatory framework, penalties, or administrative machinery evident","Limited available text makes full assessment difficult, but commemorative Acts of this era are typically very short and straightforward","Only one substantive amendment in over 75 years (January 2010 update)"],"plain_english_summary":"This short Act authorises and preserves a physical memorial to Sir Joseph Banks in New South Wales, providing the legal basis for its creation, funding or management. It primarily affects the government body responsible for the memorial and any land on which it stands. Practically, it has little impact on the public today and remains in force mainly to protect the memorial’s legal status."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: managing the Sir Joseph Banks Memorial Fund to publish historical and scientific papers. The 1945 Act replaced an earlier 1943 Act but did not expand the scope beyond the original memorial fund purpose."},"complexity_factors":["Only 6 short sections with straightforward sequential numbering","Just 3 defined terms in the interpretation section (section 2)","No cross-references to other legislation except for the repealed 1943 Act and the Library and Art Gallery Act 1899","Simple trust structure with clear purpose: publish Banks Papers, then natural science works","Minimal conditional logic—only standard 'subject to regulations' qualifiers","One repealed subsection (6(2)) with no impact on remaining operative provisions"],"plain_english_summary":"This law transfers control of a memorial fund for Sir Joseph Banks (a famous 18th-century botanist who sailed with Captain Cook) to the Trustees of the Public Library of New South Wales.\n\n**What it does:**\n- **Transfers money and assets**: The Sir Joseph Banks Memorial Fund—made up of public donations, book sales, and government grants—is handed over to the Public Library Trustees.\n- **Sets the purpose**: The money must be used to edit, publish, and distribute historical papers related to Sir Joseph Banks (called \"Banks Papers\").\n- **Handles leftovers**: Any money left over after publishing the Banks Papers, plus profits from selling those publications, must be spent on publishing works about natural sciences (especially related to Australia).\n- **Allows investment**: The Trustees can invest the money in safe, authorised investments while waiting to spend it.\n- **Enables regulations**: The Governor can make rules to help run the scheme.\n\n**Who it affects:**\n- The Trustees of the Public Library of New South Wales (now the State Library of NSW), who manage the fund.\n- Anyone holding money or unsold books from the original fund, who must hand them over to the Trustees.\n- Historians and the public, who benefit from the published Banks Papers.\n\n**Why it matters:**\nThis law ensures that donations made to honour Sir Joseph Banks are properly managed by a permanent public institution. It preserves important historical documents about early Australian exploration and science, and redirects any surplus funds toward further scientific publishing."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The Act repeals the Sir Joseph Banks Memorial Fund Act 1943 (s3) and reallocates the Fund and unsold book stock to the Trustees of the Public Library (s4). It therefore changes the legal holder and control of the Fund and prescribes specific trust purposes for its application (s5), with regulatory detail left to the Governor (s6)."},"complexity_factors":["Short, specific vesting of a single fund and unsold books to a named trustee body (s4).","Clearly defined trust purpose limited to editing, publishing and distributing the Banks Papers and residual natural‑science works (s5).","Requirement for separate accounting and power to invest under an external statute (Trustee Act 1925–1942) adds modest administrative/compliance steps (s4(3), s5(3)).","Custodial accountability: existing holders must transfer custody and account to Trustees, a straightforward administrative duty (s4(2)).","Regulation‑making power vested in the Governor creates delegated‑law discretion for operational details (s6).","Cross‑references to earlier Acts (repeal of 1943 Act; Library and Art Gallery Act 1899) require attention to historical instrument changes (s3; definitions)."],"plain_english_summary":"This Act vests the Sir Joseph Banks Memorial Fund and any unsold copies of the book “Sir Joseph Banks, the Father of Australia” in the Trustees of the Public Library (s4). The Trustees must keep the money in a separate account, may invest it under the Trustee Act, and must apply it to edit, publish and distribute the Banks Papers; any residue and sale proceeds are to fund publications in the natural sciences with Australasian reference (s5). Custodians must deliver and account for the fund to the Trustees; the Governor may make regulations (ss4–6)."}},"importantCases":[],"_links":{"self":"/api/acts/sir-joseph-banks-memorial-act-1945","history":"/api/acts/sir-joseph-banks-memorial-act-1945/history","analysis":"/api/acts/sir-joseph-banks-memorial-act-1945/analysis","conflicts":"/api/acts/sir-joseph-banks-memorial-act-1945/conflicts","importantCases":"/api/acts/sir-joseph-banks-memorial-act-1945/important-cases","documents":"/api/acts/sir-joseph-banks-memorial-act-1945/documents"}}