NORTHERN TERRITORY OF AUSTRALIA
DESERT KNOWLEDGE AUSTRALIA ACT 2003
As in force at 22 March 2005
Table of provisions
Part 1 Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Objects ............................................................................................ 1
4 Definitions ........................................................................................ 2
Part 2 Desert Knowledge Australia
5 Establishment .................................................................................. 2
6 Functions of DKA............................................................................. 3
7 Powers of DKA ................................................................................ 4
8 Conduct of affairs of DKA ................................................................ 6
9 Directions of Minister ....................................................................... 6
10 DKA excluded matter under Corporations Act 2001 ........................ 6
Part 3 Administration
Division 1 The Board
11 Establishment of Board ................................................................... 7
12 Composition of Board ...................................................................... 7
13 Appointment of members................................................................. 7
14 Nominations by participants............................................................. 7
15 Other nominations ........................................................................... 8
16 Qualifications etc. of persons appointed .......................................... 8
17 Term of office of members ............................................................... 8
18 Appointment of Chairperson and Deputy Chairperson .................... 9
19 Vacation of office of member ........................................................... 9
20 Termination of appointment of member ......................................... 10
21 Leave of absence .......................................................................... 10
22 Disclosure of interests ................................................................... 10
23 Obligation to disclose interest on becoming aware of conflict of
interest ........................................................................................... 11
Division 2 Procedures of Board
24 Convening of Board ....................................................................... 12
25 Meetings of Board ......................................................................... 12
26 Procedure of Board ....................................................................... 13
27 Delegation ..................................................................................... 13
Desert Knowledge Australia Act 2003 ii
28 Validity of proceedings and actions of Board etc. .......................... 14
Division 3 Staff etc.
29 Appointment of staff ....................................................................... 14
30 Appointment and responsibilities of chief executive ...................... 14
31 Powers of chief executive .............................................................. 15
32 Consultants may be engaged ........................................................ 15
Division 4 Committees
33 Committees of Board ..................................................................... 15
34 Composition of committees ........................................................... 15
35 Procedure of committees ............................................................... 15
Division 5 Desert Knowledge Australia Precinct
36 Declaration of precinct ................................................................... 16
37 Purpose of precinct........................................................................ 16
Division 6 Societies of participants and associates
38 Setting up of societies ................................................................... 16
39 Fees .............................................................................................. 16
Part 4 Finance, property, reports and audit
40 Money of DKA ............................................................................... 16
41 Application of money ..................................................................... 17
42 ADI accounts ................................................................................. 17
43 Proper accounts to be kept etc. ..................................................... 17
44 Gifts etc. and trust funds ................................................................ 17
45 Investment ..................................................................................... 18
46 Provision of financial information to Treasurer............................... 18
47 Annual report and audit of report ................................................... 18
Part 5 By-laws
48 Definitions ...................................................................................... 19
49 Power to make by-laws ................................................................. 19
50 Subject matter of by-laws .............................................................. 20
51 Application of by-laws .................................................................... 21
52 Liability of owner of motor vehicle.................................................. 21
53 Evidence of ownership of motor vehicle ........................................ 23
54 Recovery of penalties imposed under By-laws .............................. 24
55 Section 57 of Interpretation Act 1978 does not apply to
By-laws .......................................................................................... 24
Desert Knowledge Australia Act 2003 iii
Part 6 Miscellaneous
56 Protection from liability .................................................................. 24
57 Form and execution of documents by DKA ................................... 25
58 Proof of resolutions of Board etc. .................................................. 25
59 Regulations.................................................................................... 26
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 22 March 2005
DESERT KNOWLEDGE AUSTRALIA ACT 2003
An Act to encourage and facilitate learning, research and sustainable
economic and social development relating to deserts and arid lands and
to establish Desert Knowledge Australia, and for related purposes
Part 1 Preliminary
1 Short title
This Act may be cited as the Desert Knowledge Australia Act 2003.
2 Commencement
This Act comes into operation on the date fixed by the Administrator
by notice in the Gazette.
3 Objects
The objects of this Act are:
(a) to encourage and facilitate education and training, research,
commerce and technology that is relevant to the health, well-
being, sustainable economic and social development and
improved livelihoods of all communities in deserts and arid
lands;
(b) to develop wealth creation activities in deserts and arid lands
in a manner that promotes harmony in and between
communities in deserts and arid lands while maintaining the
economy and environment of deserts and arid lands in an
ecologically sustainable manner and the culture and identity of
those communities;
(c) to encourage and facilitate the formation of partnerships, joint
ventures, alliances, networks and other cooperative
arrangements for the purpose of achieving the objects
specified in paragraphs (a) and (b); and
(d) to establish a statutory corporation to carry out activities for
the purpose of achieving the objects specified in
paragraphs (a), (b) and (c).
Part 2 Desert Knowledge Australia
Desert Knowledge Australia Act 2003 2
4 Definitions
In this Act, unless the contrary intention appears:
Aboriginal means a person who is a member of the Aboriginal race
of Australia.
associate means a person, organisation or authority (whether
incorporated or not) who or which has an interest in the activities of
DKA and its participants and who or which is a member of a society
of associates of DKA set up under section 38.
Board means the Board established by section 11.
Chairperson means the member who is appointed to be the
Chairperson under section 18.
chief executive means the chief executive appointed under
section 30.
committee means a committee of the Board established under
section 33.
Deputy Chairperson means the member who is appointed to be
the Deputy Chairperson under section 18.
DKA means Desert Knowledge Australia established by section 5.
member means the Chairperson, Deputy Chairperson or other
member of the Board appointed under section 13.
participant means a person, organisation or authority (whether
incorporated or not) who or which is contributing to building a body
of knowledge and expertise about deserts and arid lands by means
funded or otherwise facilitated, promoted or supported by DKA and
who or which is a member of a society of participants set up under
section 38.
precinct means the Desert Knowledge Australia Precinct declared
under section 36.
staff means the officers and employees who are appointed,
employed or engaged by DKA under Part 3, Division 3.
Part 2 Desert Knowledge Australia
5 Establishment
(1) Desert Knowledge Australia is established.
Part 2 Desert Knowledge Australia
Desert Knowledge Australia Act 2003 3
(2) Desert Knowledge Australia:
(a) is a body corporate;
(b) has a common seal; and
(c) is capable, in its corporate name, of acquiring, holding and
disposing of real and personal property and of suing and being
sued.
(3) All courts, judges and persons acting judicially must take judicial
notice of the common seal of Desert Knowledge Australia affixed to
a document and must presume that it was duly affixed.
6 Functions of DKA
(1) The functions of DKA are:
(a) to encourage and facilitate the development of a body of
knowledge and expertise relevant to deserts and arid lands;
(b) to encourage improvements to the economies and livelihoods
of communities in deserts and arid lands and further the
economic and social development and ecologically
sustainable wealth creation of those communities;
(c) to establish, develop and manage the Desert Knowledge
Australia Precinct as a nationally and internationally renowned
centre of knowledge about deserts and arid lands and for its
contribution to education and training, research, commerce
and technology relevant to the economic and social
development of communities in deserts and arid lands;
(d) to encourage the provision of high-quality communication and
other services to desert areas and arid lands;
(e) to undertake, fund, facilitate, promote and support research,
study and training that:
(i) is relevant to deserts and arid lands;
(ii) contributes to the health, well-being, sustainable
economic and social development and improved
livelihoods of communities in deserts and arid lands; and
(iii) encourages practices and programs for use in or
relevant to deserts and arid lands that are ecologically
and culturally sound and sustainable;
Part 2 Desert Knowledge Australia
Desert Knowledge Australia Act 2003 4
(f) to encourage and facilitate communication and collaboration
between persons and communities, and the formation of
partnerships, joint ventures, alliances, networks and other
cooperative arrangements for the purposes of paragraphs (a)
to (e) (inclusive);
(g) to attract suitable persons, organisations and authorities
(whether incorporated or not) to be participants in DKA;
(h) the prescribed functions, if any; and
(i) any other functions imposed on it by or under another Act.
(2) DKA may perform its functions:
(a) in the Territory; and
(b) in other parts of Australia, and in other countries, through
partnerships, joint ventures, alliances, networks and other
cooperative arrangements.
7 Powers of DKA
(1) Subject to this or any other Act or an instrument of a legislative or
administrative character made under this or any other Act, DKA has
power to do all things that are necessary or convenient to be done
for or in connection with or incidental to the performance of its
functions.
(2) In particular, DKA has power to:
(a) negotiate and enter into contracts, agreements, schemes and
arrangements;
(b) purchase, lease or otherwise acquire and hold real or personal
property and, with the approval of the Treasurer, sell, grant
leases of or otherwise dispose of real or personal property;
(c) erect buildings;
(d) occupy, use, control and manage land or a building owned or
leased by DKA;
(e) seek, apply for and accept gifts, grants, bequests, devises and
assignments made to DKA, whether on trust or otherwise, and
act as trustee of money and other property vested in it on
trust;
Part 2 Desert Knowledge Australia
Desert Knowledge Australia Act 2003 5
(f) enter into arrangements with other persons or organisations,
whether from Australia or another country, or with the
Commonwealth or a State or Territory of the Commonwealth,
for the development of DKA;
(g) create, develop, apply for, obtain and hold intellectual property
and enter into agreements or arrangements of a commercial
nature in respect of intellectual property on the terms,
including terms as to royalties and lump sum payments, that
the Board considers appropriate;
(h) with the approval of the Treasurer, borrow and invest money;
(i) with the approval of the Treasurer, grant loans to persons
carrying on activities related to the operations of DKA on the
terms the Board considers appropriate;
(j) with the approval of the Treasurer, form or establish or
participate in the formation or establishment of bodies
corporate;
(k) with the approval of the Treasurer, form partnerships and
enter into joint ventures or other arrangements, or create
trusts, for sharing profits;
(l) with the approval of the Treasurer, enter into franchise
agreements;
(m) confer awards and scholarships;
(n) administer schemes of financial and other assistance;
(o) establish, manage and control halls of residence and other
forms of student and other accommodation;
(p) employ or engage staff, engage consultants and appoint
agents and attorneys;
(q) charge for work, services, goods and information done,
supplied or published by DKA and for admission into the
precinct or any part of the precinct;
(r) call for and evaluate submissions for persons, organisations or
authorities to be participants in DKA;
(s) set up a society or societies of participants in DKA and a
society or societies of associates of DKA, provide for their
promotion and development and charge and collect a fee for
belonging to the societies; and
Part 2 Desert Knowledge Australia
Desert Knowledge Australia Act 2003 6
(t) grant rights to produce and publish documents containing
material relating to the functions of DKA.
8 Conduct of affairs of DKA
(1) Subject to this Act, the affairs of DKA are to be conducted by the
Board.
(2) The Board must conduct the affairs of DKA:
(a) in a manner that is reasonable and accords with and furthers
the objects of this Act;
(b) in a manner that directs benefits to the Territory;
(c) within a budget approved by the Minister; and
(d) to the extent the affairs involve commercial activities, in a
commercial manner consistent with the principle of
competitive neutrality.
(3) All acts, matters and things done by the Board, or by the
Chairperson, a member, a member of a committee, a member of
the staff or any other person in the name of or on behalf of DKA
with the express or implied authority of the Board, are taken to have
been done by DKA.
9 Directions of Minister
(1) In conducting the affairs of DKA, the Board is subject to the written
directions of the Minister.
(2) The Minister must lay before the Legislative Assembly a copy of a
direction given under subsection (1) within 6 sitting days of the
Assembly after giving the direction.
(3) A copy of a direction given under subsection (1) in a financial year
is to be included in the Board's report for the year prepared under
section 47.
10 DKA excluded matter under Corporations Act 2001
DKA is declared to be an excluded matter for the purposes of
section 5F of the Corporations Act 2001 in relation to the whole of
the Corporations legislation.
Part 3 Administration
Division 1 The Board
Desert Knowledge Australia Act 2003 7
Part 3 Administration
Division 1 The Board
11 Establishment of Board
There is a Board of DKA.
12 Composition of Board
The Board consists of at least 5 and not more than 11 members.
13 Appointment of members
(1) Subject to this Division, the Minister may appoint in writing the
members of the Board in accordance with subsection (5).
(2) Half the members are to be persons nominated by participants in
accordance with section 14.
(3) A reference in subsection (2) to half the number of members is a
reference to the whole number that represents half the number of
members or, if half the number of members is represented by a
number that is not a whole number, the next lowest whole number.
(4) Of the persons appointed to be members, the Minister must
appoint:
(a) if the Board is to be composed of 5 members – 2 persons who
are Aboriginals;
(b) if the Board is to be composed of 6, 7 or 8 members –
3 persons who are Aboriginals; or
(c) if the Board is to be composed of 9, 10 or 11 members –
4 persons who are Aboriginals.
(5) In appointing persons as members, the Minister must comply with
sections 14, 15 and 16.
14 Nominations by participants
(1) The Minister must invite the participants, and the societies of
participants set up under section 38, to nominate for appointment
as members persons who hold suitable qualifications or have
suitable knowledge and experience relating to the objects of this
Act and the powers and functions of DKA.
Part 3 Administration
Division 1 The Board
Desert Knowledge Australia Act 2003 8
(2) The Minister must consult and make inquiries about the suitability of
each person nominated under subsection (1) and, having done so,
appoint from those persons nominated the number of members
required by section 13(2) to be nominated by participants.
15 Other nominations
To assist the Minister in appointing persons who are not referred to
in section 14(2), the Minister may invite the Australian Prime
Minister, a Premier of a State of the Commonwealth or any other
person the Minister considers appropriate to nominate a person
who is suitable for appointment.
16 Qualifications etc. of persons appointed
(1) The Minister must not appoint a person unless he or she is satisfied
that the person holds suitable qualifications or has suitable
knowledge and experience relating to the objects of this Act and the
powers and functions of DKA.
(2) The Minister must appoint only persons who, in his or her opinion:
(a) represent the interests of:
(i) communities in deserts and arid lands;
(ii) the indigenous people of deserts and arid lands;
(iii) persons with a special expertise or interest relevant to
deserts and arid lands; and
(iv) the different levels of Government,
in the proportion the Minister considers appropriate for the
conduct of the affairs of DKA; and
(b) are collectively capable of conducting the affairs of DKA so
that it carries out activities and achieves outcomes that accord
with and further the objects of this Act.
17 Term of office of members
(1) A member holds office for:
(a) 4 years; or
(b) if a shorter period is specified in the instrument of appointment
of the member – the shorter period.
(2) A person may be re-appointed as a member.
Part 3 Administration
Division 1 The Board
Desert Knowledge Australia Act 2003 9
(3) Despite subsection (1), unless a member sooner vacates his or her
office or is removed from office under section 20, on the expiration
of the term of office of the member, the member continues to hold
office until a successor is appointed.
18 Appointment of Chairperson and Deputy Chairperson
(1) The Minister must appoint in writing a member to be the
Chairperson and another member to be the Deputy Chairperson.
(2) The Minister must appoint a member from amongst the members
who are Aboriginals to be either the Chairperson or Deputy
Chairperson.
(3) Subject to subsection (4), the term of office of the Chairperson or
Deputy Chairperson is the term specified by the Minister in the
instrument of appointment.
(4) The Chairperson or Deputy Chairperson holds office until:
(a) the expiry of his or her term of office as Chairperson or Deputy
Chairperson;
(b) he or she resigns the office of Chairperson or Deputy
Chairperson by writing signed by him or her and delivered to
the Minister; or
(c) a vacancy occurs in his or her office as member.
(5) A member may be re-appointed as the Chairperson or Deputy
Chairperson.
(6) If, for any reason, the Chairperson is unable to exercise his or her
powers or perform his or her functions or there is a vacancy in the
office of Chairperson, the Deputy Chairperson must act in the office
of Chairperson.
19 Vacation of office of member
(1) A member vacates the member's office if:
(a) the member's term of office expires; or
(b) the member resigns the member's office by writing signed by
the member and delivered to the Chairperson.
(2) If a member resigns, the Chairperson must inform the Minister of
the member's resignation within 5 days after receiving it.
Part 3 Administration
Division 1 The Board
Desert Knowledge Australia Act 2003 10
20 Termination of appointment of member
(1) The Minister may terminate the appointment of a member on the
grounds of inability, inefficiency, misbehaviour or physical or mental
incapacity.
(2) The Minister must terminate the appointment of a member if the
member:
(a) is absent, except on leave granted by the Board, from
3 consecutive meetings of the Board; or
(b) knowingly contravenes or fails to comply with section 22 or 23.
(3) A member's appointment terminates if the member:
(a) becomes bankrupt, applies to take the benefit of a law for the
relief of bankrupt or insolvent debtors, compounds with
creditors or makes an assignment of the member's
remuneration for their benefit; or
(b) is found guilty by a court in the Territory of an offence
punishable by imprisonment for 12 months or more or is found
guilty by a court outside the Territory of an offence which, if
committed against a law in force in the Territory, would be an
offence punishable by imprisonment for 12 months or more.
(4) The termination of an appointment under subsection (1) or (2) is to
be in writing and a copy is to be given to the member.
21 Leave of absence
(1) The Board may grant a member leave of absence.
(2) In granting a member leave of absence, the Board must specify the
period of leave granted.
(3) The Board must inform the Minister of a member's leave (including
the period of leave granted) as soon as practicable after granting
the leave.
22 Disclosure of interests
(1) At the first meeting of the Board after a person becomes a member,
he or she must disclose:
(a) the name and a description of any body corporate,
association, society or other body of which he or she is a
member or an officer or by which he or she is employed;
Part 3 Administration
Division 1 The Board
Desert Knowledge Australia Act 2003 11
(b) the name and a description of any partnership of which he or
she is a partner or by which he or she is employed;
(c) any other interest he or she has in relation to a person or body
that is likely to give rise to a conflict with his or her duties as
member; and
(d) any other information prescribed by the Regulations.
(2) The disclosure is to be made in the manner determined by the
Board.
(3) On a member making a disclosure in accordance with
subsections (1) and (2), the member is taken to have given
sufficient disclosure of any direct or indirect pecuniary interest of
the member in relation to any matter that might be considered at a
meeting of the Board or any thing that might be done by the Board
after the disclosure.
(4) If there is a change to information disclosed by the member or the
member acquires new interests likely to give rise to a conflict with
his or her duties as member, the member must vary his or her
disclosure accordingly, in the manner determined by the Board –
(a) at the first meeting of the Board after the change or
acquisition; or
(b) where the Board does not meet within 30 days after the
change or acquisition – within that 30 day period.
(5) A disclosure (as varied) remains effective during the member's term
of office and any successive term of office held by the member.
(6) The Board must:
(a) keep a record of the particulars of all disclosures and
variations of disclosures made under this section; and
(b) make the record available at all reasonable times for
inspection on payment of the fee (if any) determined by the
Board for that purpose.
23 Obligation to disclose interest on becoming aware of conflict
of interest
(1) In this section:
Board includes a committee.
member includes a member of a committee.
Part 3 Administration
Division 2 Procedures of Board
Desert Knowledge Australia Act 2003 12
(2) Despite section 22, if a member becomes aware that he or she has
or may have a direct or indirect pecuniary interest in:
(a) a matter being considered or about to be considered by the
Board; or
(b) a thing being done or about to be done by the Board,
the member must as soon as possible disclose the nature of the
interest or possible interest at a meeting of the Board.
(3) Subject to a resolution of the Board to the contrary, a member who
discloses a pecuniary interest in a matter or thing in accordance
with subsection (2):
(a) may be present during deliberations by the Board but must not
take part in the making of the decisions of the Board in relation
to that matter or thing; and
(b) must not perform a function under this Act in relation to that
matter or thing.
(4) The resolution of the Board to the contrary is to be deliberated and
voted on in the absence of the member.
Division 2 Procedures of Board
24 Convening of Board
(1) Subject to subsection (2), the Board must meet as often as is
necessary for the exercise of its powers and the performance of its
functions.
(2) The Board must meet at least 4 times in each year.
(3) The Minister may give a direction to the Board under section 9
requiring the Board to meet.
(4) The Chairperson must make the arrangements that enable the
Board to meet.
25 Meetings of Board
(1) The Chairperson or, in the absence of the Chairperson, the Deputy
Chairperson or, in the absence of both the Chairperson and the
Deputy Chairperson, the member elected by the members present
from amongst their number must preside at a meeting of the Board.
(2) Subject to subsection (3), each member present at a meeting
(including the member presiding over the meeting) has one vote.
Part 3 Administration
Division 2 Procedures of Board
Desert Knowledge Australia Act 2003 13
(3) Questions arising at a meeting of the Board are to be determined
by a majority of the votes of the members present and, in the event
of an equality of votes, the person presiding over the meeting has a
casting vote.
(4) At a meeting of the Board:
(a) one member appointed on nomination under section 14 and
one member who was not appointed on nomination under that
section must be present; and
(b) the number of members equal to half the number of members
holding the office of member plus one constitutes a quorum.
(5) A reference in subsection (4)(b) to half of the number of members
holding office is a reference to the whole number that represents
half the number of members or, if half the number of members is
represented by a number that is not a whole number, the next
lowest whole number.
(6) Subject to a resolution of the Board to the contrary, the chief
executive must attend all meetings of the Board to inform and
advise the Board on matters before it.
26 Procedure of Board
(1) Unless otherwise prescribed, the procedures of the Board are to be
determined by the Board.
(2) The Board must keep a record of all its meetings and other
proceedings and all its decisions made during the course of its
meetings and other proceedings.
27 Delegation
(1) The Board may delegate in writing to a person or a committee or
other body any of the Board's powers and functions under this Act,
other than this power of delegation and the power to make by-laws.
(2) If the Board delegates a power or function to a committee or other
body and there is a change in the membership of the committee or
body, the delegation continues in force as a delegation of the power
or function to the committee or body as newly constituted unless
the Board expressly revokes or varies the instrument of delegation.
Part 3 Administration
Division 3 Staff etc.
Desert Knowledge Australia Act 2003 14
28 Validity of proceedings and actions of Board etc.
A proceeding of the Board or a committee or act or thing done by
the Board, a committee, the Chairperson, the Deputy Chairperson,
the chief executive, a member of the Board or a committee or a
delegate of the Board is not invalid by reason only of one or more of
the following:
(a) a defect in the appointment of a member;
(b) a defect in the appointment of a member as the Chairperson
or Deputy Chairperson;
(c) a defect in the appointment of a member of a committee;
(d) a defect in the appointment of the chief executive;
(e) a defect in a delegation by the Board;
(f) a defect in the convening or conduct of a meeting of the Board
or a committee;
(g) there being a vacancy in the membership of the Board or a
committee;
(h) the fact that a person who purported to be a member of the
Board or a committee, or to be the Chairperson, Deputy
Chairperson or chief executive, was not a member of the
Board or committee or was not the Chairperson, Deputy
Chairperson or chief executive;
(i) a contravention of or failure to comply with section 22 or 23.
Division 3 Staff etc.
29 Appointment of staff
(1) The Board may appoint the officers and employ or engage the
employees it considers necessary for the purposes of DKA.
(2) The terms and conditions of appointment, employment or
engagement of the staff are to be determined by the Board.
30 Appointment and responsibilities of chief executive
(1) The Board must appoint in writing a person to be the chief
executive of DKA.
Part 3 Administration
Division 4 Committees
Desert Knowledge Australia Act 2003 15
(2) The chief executive:
(a) is responsible to the Board for the management and
administration of DKA; and
(b) must perform the functions imposed on him or her under this
Act or another Act.
(3) In performing his or her functions and exercising his or her powers,
the chief executive:
(a) must act in accordance with the decisions of the Board; and
(b) is subject to the directions of the Board.
31 Powers of chief executive
The chief executive has power to do all things that are necessary or
convenient to be done for or incidental to the proper management
and administration of DKA and the proper performance of his or her
functions.
32 Consultants may be engaged
The Board may engage consultants and make arrangements for the
provision of advice and services as it considers necessary for the
purposes of DKA.
Division 4 Committees
33 Committees of Board
The Board may establish the committees it considers necessary to
perform its functions and exercise its powers.
34 Composition of committees
(1) A committee is to be composed of at least 3 persons appointed by
the Board.
(2) The Board is not required to appoint any of its members or a
member of the staff to be a member of a committee.
35 Procedure of committees
(1) Unless otherwise prescribed, the procedures of a committee are to
be determined by the committee.
(2) A committee must keep a record of its proceedings and all its
decisions made during the course of its proceedings.
Part 4 Finance, property, reports and audit
Desert Knowledge Australia Act 2003 16
Division 5 Desert Knowledge Australia Precinct
36 Declaration of precinct
(1) The Minister may, by notice in the Gazette, declare an area, or 2 or
more non-contiguous areas, in the Territory to be the Desert
Knowledge Australia Precinct.
(2) The notice must include a description of the area or areas declared
to be the precinct.
37 Purpose of precinct
The precinct is the principal place where the affairs and operations
of DKA are to be located, managed and conducted.
Division 6 Societies of participants and associates
38 Setting up of societies
The Board must:
(a) set up a society or societies of participants and a society or
societies of associates; and
(b) do all things it considers appropriate to promote the societies
and attract members to the societies.
39 Fees
The Board may charge and collect an annual fee for membership of
a society of participants or associates as it considers appropriate.
Part 4 Finance, property, reports and audit
40 Money of DKA
The money of DKA consists of:
(a) money that is appropriated for its purposes;
(b) dividends on shares owned by DKA;
(c) interest on the investment of money of DKA;
(d) proceeds from the sale or other disposition of property and
investments of DKA;
(e) money received as grants; and
Part 4 Finance, property, reports and audit
Desert Knowledge Australia Act 2003 17
(f) any other money that from time to time becomes available for
use by DKA.
41 Application of money
The money of DKA is only to be applied:
(a) by or with the authority of the Board; and
(b) for the purposes of DKA.
42 ADI accounts
DKA must open and maintain an account or accounts with one or
more ADIs as it considers necessary for the conduct of its affairs.
43 Proper accounts to be kept etc.
(1) The Board must ensure:
(a) proper accounts and records of the transactions and affairs of
DKA are kept;
(b) there are adequate controls over the incurring of liabilities by
DKA;
(c) all payments out of the money of DKA are correctly made and
properly authorised; and
(d) adequate control is maintained over the property of or in the
custody, control and management of DKA.
(2) In keeping its accounts and records and making reports under this
Act, DKA must, to the extent necessary, comply with the accounting
standards within the meaning of the Corporations Act 2001 as if it
were a company within the meaning of that Act.
44 Gifts etc. and trust funds
(1) DKA may agree to and carry out the conditions of a gift, grant,
bequest, devise, purchase or any other means of conveyance or
transfer by which it acquires, holds and uses property for its
purposes.
(2) DKA may create and administer a trust fund or trust funds for any
purpose relating to the performance of its functions that it considers
appropriate, including acquiring or holding property.
Part 4 Finance, property, reports and audit
Desert Knowledge Australia Act 2003 18
45 Investment
(1) Subject to this section and the approval of the Treasurer, the Board
may invest the money of DKA or other money held by or in the
custody, management or control of DKA.
(2) The money of DKA (including money held on trust or subject to a
condition) is not to be invested by the Board unless invested in a
class of investments approved by the Treasurer.
(3) The Board must not invest money if doing so would:
(a) be inconsistent with a trust; or
(b) constitute a breach of a condition under which the money was
acquired.
46 Provision of financial information to Treasurer
(1) The Treasurer may at any time request the chief executive to
provide the Treasurer with the information that the Treasurer
considers will enable him or her to accurately assess the financial
affairs of DKA.
(2) Information to be provided to the Treasurer under subsection (1)
includes information about the following:
(a) financial investments by DKA in bodies corporate, trusts,
partnerships and joint ventures;
(b) contingent liabilities of DKA;
(c) guarantees given by DKA.
(3) The chief executive must comply with the Treasurer's request.
47 Annual report and audit of report
(1) At the end of each financial year, the Board must prepare a report
on the operations and performance of DKA during the financial
year.
(2) The report is to include:
(a) a financial statement in respect of the financial year prepared
in the form approved by the Treasurer;
(b) the information specified in section 46(2); and
(c) any other information requested by the Treasurer.
Part 5 By-laws
Desert Knowledge Australia Act 2003 19
(3) The Board must forward a copy of the report to the Minister and to
the Auditor-General by 30 September following the end of the
financial year.
(4) By 30 November following the end of the financial year:
(a) the Auditor-General must audit the financial statement
contained in the report received under subsection (3) and
report on the statement to the Minister; and
(b) the Minister must lay before the Legislative Assembly a copy
of the report received under subsection (3) and the report of
the Auditor-General received under paragraph (a).
Part 5 By-laws
48 Definitions
In this Part:
motor vehicle has the same meaning as in the Motor Vehicles
Act 1949.
site means:
(a) land, a building or a part of land or a building in the precinct; or
(b) land, a building or a part of land or a building outside the
precinct (but in the Territory) that is under the control or
management of DKA.
vehicle means any means of transport whether self-propelled or
not and whether used on land or sea or in the air.
49 Power to make by-laws
(1) The Board may make by-laws relating to the management of the
precinct and land and buildings of or under the control or
management of DKA that is or are outside the precinct (but only in
respect of land or a building in the Territory or a matter that is
connected with the Territory).
(2) The Board may not make a by-law that is inconsistent with this Act,
or any other Act or any regulations, or that is unlawful.
Part 5 By-laws
Desert Knowledge Australia Act 2003 20
50 Subject matter of by-laws
(1) The By-laws may provide for any of the following:
(a) the establishment, management or control of cultural centres,
libraries or museums on a site;
(b) the establishment, management or control of halls of
residence or other accommodation on a site;
(c) the regulation or prohibition of access to or use of a site;
(d) the regulation or prohibition of the conduct of persons on a
site;
(e) the regulation or prohibition of the presence or use of vehicles
and animals on a site;
(f) speed limits for riding or driving vehicles on a site;
(g) the removal impounding or disposal of vehicles or animals
referred to in paragraph (e);
(h) offences in relation to the use of motor vehicles, including
offences for:
(i) bringing a vehicle onto or parking or standing a vehicle
on a site in breach of a by-law;
(ii) driving a vehicle on a site in breach of a by-law;
(iii) driving a vehicle on a site at a speed in excess of a
speed fixed by a by-law;
(iv) driving a vehicle on a site contrary to a direction,
whether given by a traffic control device on the site or by
a person authorised by a by-law to do so; and
(v) doing any other prescribed act on a site;
(i) penalties not exceeding 2 penalty units for an offence against
the By-laws.
(2) A by-law may provide for matters of regulation or prohibition, either
absolutely or conditionally or in relation to a class of acts, matters or
things or a situation or other circumstance.
(3) A by-law may:
(a) authorise a member of the staff or a committee to do an act or
thing; or
Part 5 By-laws
Desert Knowledge Australia Act 2003 21
(b) provide that an act or thing is to be done with the approval, or
at the direction, of a member of the staff or a committee.
51 Application of by-laws
(1) A by-law may be limited in its application:
(a) to a specified site; or
(b) in relation to a specified class of persons or circumstances.
(2) The Board may, in the manner prescribed by the Regulations,
suspend the application of a by-law:
(a) for a specified period;
(b) to a specified site; or
(c) in relation to a specified class of persons or circumstances.
52 Liability of owner of motor vehicle
(1) Subject to this section, if an offence against the By-laws relating to
a motor vehicle is allegedly committed and the name of the offender
is not ascertained, the owner of the motor vehicle at the time the
offence occurs is, whether or not the owner in fact committed the
offence:
(a) taken to have committed the offence; and
(b) if a notice of infringement is issued in relation to the
commission of the offence – to be issued the notice of
infringement.
(2) The owner of a motor vehicle is not taken to have committed an
offence if:
(a) the motor vehicle was, at the time of the offence, stolen or
unlawfully used without the owner's consent;
(b) the motor vehicle is registered under the Motor Vehicles
Act 1949 and at the time of the offence:
(i) the owner had sold or disposed of the motor vehicle but
the registration of the motor vehicle had not been
transferred to the new owner; and
(ii) the owner had provided the Registrar, within the
meaning of the Motor Vehicles Act 1949, with a notice of
disposal in respect of the motor vehicle as required by
section 20 of that Act; or
Part 5 By-laws
Desert Knowledge Australia Act 2003 22
(c) within 14 days after the owner is, in relation to the alleged
offence, served or issued with:
(i) a notice of infringement;
(ii) a summons; or
(iii) any other document dealing with the recovery or
enforcement of a penalty for an offence that may be
served or issued under an Act,
the owner delivers to the Board a statutory declaration made
by the owner:
(iv) stating that some other person was in control of the
motor vehicle at the time the offence was allegedly
committed and setting out the name and address of that
other person and any other information known to the
owner that may assist in identifying or locating that other
person;
(v) stating that the motor vehicle was sold before the
offence was allegedly committed and setting out the date
of the sale, the name and address of the person to
whom it was sold and, if the sale was made through an
agent, the name and address of the agent; or
(vi) stating that at the time when the offence was allegedly
committed the motor vehicle had been stolen or was
being used unlawfully without the owner's consent.
(3) If the owner of the motor vehicle is a body corporate, a director,
secretary or manager of the body corporate may make a statutory
declaration for the purposes of subsection (2).
(4) If the owner of the motor vehicle is the Territory, the
Commonwealth, a State or another Territory of the Commonwealth
or a statutory corporation, a person authorised, or apparently
authorised, for the purpose may make a statutory declaration for
the purposes of subsection (2).
(5) A person named in a statutory declaration as being in control of a
motor vehicle at the time of an alleged offence cannot be found
guilty of the offence unless a copy of the statutory declaration is
affixed to the summons for the offence at the time the summons is
served on the person.
Part 5 By-laws
Desert Knowledge Australia Act 2003 23
(6) If a person is specified as the new owner of a motor vehicle in a
notice of disposal referred to in subsection (2)(b)(ii):
(a) the person is taken to be the owner of the motor vehicle at the
time of the offence for the purposes of this section (other than
subsection (2)(b)); and
(b) this section applies as if a reference to the owner of the motor
vehicle (other than in subsection (2)(b)) were a reference to
the person.
(7) A statutory declaration referred to in subsection (2)(c):
(a) is admissible in evidence in a prosecution against the person
in relation to the offence; and
(b) is evidence that the person was the driver of the motor vehicle
at the time of the offence.
(8) Subject to subsection (9), this section does not affect the liability of
an actual offender who is not the owner of the motor vehicle.
(9) If a penalty has been imposed on a person in relation to an offence
referred to in this section:
(a) another person cannot be charged with the same offence; and
(b) a further penalty cannot be imposed on or recovered from
another person in relation to the same offence.
53 Evidence of ownership of motor vehicle
In a prosecution for an offence against the By-laws, a certificate
that is issued by a person authorised to issue the certificate under
an Act (including an Act of the Commonwealth or a State or another
Territory of the Commonwealth) and that states:
(a) that a specified person was the registered owner of a specified
motor vehicle on a specified date;
(b) that a specified person was recorded as the new owner of a
specified motor vehicle on and from a specified date in a
record of a notice of disposal in respect of the motor vehicle;
or
(c) if the specified motor vehicle is not registered at the time of
issuing the certificate – that a specified person was the last
registered owner of the motor vehicle to and including a
specified date,
Part 6 Miscellaneous
Desert Knowledge Australia Act 2003 24
is evidence of the matters set out in the certificate and a court must
assume that the certificate was duly issued.
54 Recovery of penalties imposed under By-laws
(1) If a penalty is imposed on a person as a result of a prosecution for
an offence committed against a by-law, or an amount is payable by
a person instead of a penalty that may otherwise be imposed for an
offence committed against a by-law, the penalty or amount may be
recovered as a debt due and payable to DKA by the person.
(2) Subsection (1) does not affect the application of the Fines and
Penalties (Recovery) Act 2001.
55 Section 57 of Interpretation Act 1978 does not apply to By-laws
Section 57 of the Interpretation Act 1978 does not apply to the
By-laws.
Part 6 Miscellaneous
56 Protection from liability
(1) This section applies to a person who is or has been:
(a) a member;
(b) a member of a committee; or
(c) a member of the staff.
(2) The person is not civilly or criminally liable for an act done or
omitted to be done by the person in good faith in the exercise or
purported exercise of a power, or the performance or purported
performance of a function, under this Act.
(3) In addition, the person is not civilly or criminally liable for an act
done or omitted to be done by DKA, the Board or a committee in
the exercise or purported exercise of a power, or the performance
or purported performance of a function, under this Act.
(4) Subsections (2) and (3) do not affect any liability the Territory or
DKA would, apart from those subsections, have for an act or
omission.
Part 6 Miscellaneous
Desert Knowledge Australia Act 2003 25
57 Form and execution of documents by DKA
(1) A deed, instrument, contract or agreement relating to any property
or matter that, if made or executed by an individual, would by law
be required to be in writing under seal may be made on behalf of
DKA in writing under its common seal.
(2) An instrument, contract or agreement relating to any property or
matter that, if made by or between individuals, would be required to
be in writing signed by the parties to it may be made or entered into
on behalf of DKA in writing by a person acting under the authority,
express or implied, of the Board.
(3) A contract relating to any property or matter that, if made between
individuals, would by law be valid although made or entered into by
parole only and not reduced to writing may be made on behalf of
DKA by a person acting under the authority, express or implied, of
the Board.
(4) A contract entered into or an instrument, contract or agreement
signed in relation to any property or obligation of DKA is taken to
have been entered into or signed with the express authority of the
Board if it is entered into or signed in accordance with a resolution
of the Board.
58 Proof of resolutions of Board etc.
(1) The minutes of a meeting of the Board, or a document purporting to
be a true copy of or an extract from the minutes of a meeting of the
Board and signed by the Chairperson, may be received in a court or
a tribunal or by a person acting judicially as evidence of the
particulars contained in the minutes without further proof.
(2) In any proceedings, the production of:
(a) a copy of a by-law purporting to be certified as a true copy of
the by-law and signed by the Chairperson;
(b) the minutes of the meeting of the Board at which the Board
made the by-law or a copy of a document purporting to be a
true copy of or an extract from the minutes of that meeting and
signed by the Chairperson; and
(c) the Gazette in which notification of the making of the by-law is
published,
is conclusive evidence of the by-law having been made and the
contents of the by-law.
Part 6 Miscellaneous
Desert Knowledge Australia Act 2003 26
(3) In any proceedings, the production of the following is conclusive
evidence of the suspension of the application of a by-law under
section 51(2):
(a) the minutes of the meeting of the Board at which the
application of the by-law was suspended or a copy of a
document purporting to be a true copy of or an extract from
the minutes of that meeting and signed by the Chairperson;
(b) a copy of a notice (if any) required by the Regulations to be
given of the suspension.
59 Regulations
(1) The Administrator may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) The Regulations may provide for any of the following:
(a) the use or custody of the common seal of DKA;
(b) the manner of holding or adjourning meetings of the Board;
(c) the quorum, procedures, powers or functions of committees;
(d) the manner in which the Board may suspend the application of
a by-law;
(e) review of or appeal against decisions made under the
By-laws;
(f) penalties not exceeding 100 penalty units or, where offences
are committed by bodies corporate, 500 penalty units for
offences against the Regulations;
(g) the payment of a prescribed amount instead of a penalty that
may otherwise be imposed for an offence against the By-laws
or the Regulations and for the service of a notice relating to
payment of the amount on a person alleged to have
committed the offence and the particulars to be included in the
notice;
(h) the designation of an offence against the By-laws or the
Regulations as a regulatory offence.
ENDNOTES
Desert Knowledge Australia Act 2003 27
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Desert Knowledge Australia Act 2003 (Act No. 30, 2003)
Assent date 26 June 2003
Commenced 22 September 2003 (Gaz S19, 22 September 2003)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 48, 52, 54 and 55.
4 LIST OF AMENDMENTS
pt 7 hdg exp No. 30, 2003, s 68
ss 60 – 68 exp No. 30, 2003, s 68