Version incorporating amendments as at
1 March 2015
table of provisions
Section Page
1 Short title and commencement 1
2 Definitions 1
2A Filming Approval Act 2014 3
3 Geelong Performing Arts Centre Trust 3
4 Transitional 3
5 Functions of Trust 5
6 Powers of Trust 5
6A Trust subject to control of Minister 7
7 Composition of Trust 8
8 Vacancies 9
9 Chairman 10
10 Trust first constituted 11
11 Procedure 11
12 Travelling expenses 11
12A Membership of Trust not office of profit 11
13 Committees 12
14 Employees 12
15 Moneys 13
16 Borrowing powers of Trust 14
17 Accounts and audits 15
18A Trust may make by-laws 16
19 Regulations 16
20 Transitional and saving 16
Endnotes 17
1 General information 17
2 Table of Amendments 18
3 Amendments Not in Operation 20
4 Explanatory details 21
Version No.031
Geelong Performing Arts Centre Trust Act 1980
No. 9406 of 1980
Version incorporating amendments as at
1 March 2015
An Act to Constitute the Geelong Performing Arts Centre Trust, to make Provision with respect to the Construction, Management and Operation of the Geelong Performing Arts Centre and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title and commencement
(1) This Act may be cited as the Geelong Performing Arts Centre Trust Act 1980.
(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2 Definitions
In this Act, unless inconsistent with the context or subject-matter—
S. 2 def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 32.1).
authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;
S. 2 def. of centre amended by No. 18/1989 s. 13(Sch. 2 item 31).
centre means—
(a) the land under Crown Grant dated 4 March 1902 and comprised in folio of the Register volume 2889 folio 654;
(b) the land described in the deed registered by Memorial 341 in Conveyance Book 709; and
(c) the land, being Crown Allotment 9, section 55A, City of Geelong, Parish of Corio, County of Grant, which was permanently reserved by an Order in Council of 17 October 1978 as a site for Public Purposes (Performing Arts)—
and the buildings and improvements thereon;
S. 2 def. of Chairman inserted by No. 29/1994 s. 29.
Chairman means President;
S. 2 def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 5.1).
film friendly principles has the same meaning as in the Filming Approval Act 2014;
S. 2 def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 5.1).
film permit has the same meaning as in the Filming Approval Act 2014;
institute means the Geelong and District Cultural Institute incorporated by the Geelong and District Cultural Institute Act 1954;
property includes money and any thing in action and any interest in property;
Treasurer means the Treasurer of Victoria;
Trust means the Geelong Performing Arts Centre Trust established by section 3(1).
S. 2A inserted by No. 51/2014 s. 9(Sch. 2 item 5.2).
2A Filming Approval Act 2014
This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.
3 Geelong Performing Arts Centre Trust
(1) There shall be a body corporate by the name of the Geelong Performing Arts Centre Trust which shall have perpetual succession and a common seal and be capable in law of holding land and of suing and being sued and of doing and suffering all acts, matters and things which bodies corporate may by law do and suffer.
(2) The Trust shall be the successor in law of the Institute.
4 Transitional
(1) On the commencement of this Act—
S. 4(1)(a) repealed by No. 10087 s. 4(1)(Sch. 2).
(b) the members of the Council of the Institute shall go out of office;
(c) the Institute shall be dissolved;
(d) all property whatsoever which immediately prior to the commencement of this Act was vested in the Institute shall by virtue only of this Act and without any transfer or conveyance be vested in the Trust; and
(e) any amount standing to the credit of the Institute shall be transferred to the Trust and credited to the Geelong Performing Arts Centre Trust Fund.
(2) Every donation, gift, disposition and trust of property lawfully made or declared or deemed to have been made or declared whether before or after the commencement of this Act by deed, will or otherwise to or in favour of the Institute or for the use or purposes of the Institute shall take effect as if it had in respect of each particular item of property comprised in it been made or declared to or in favour of or for the use or purposes of the Trust.
(3) The Governor in Council may notwithstanding anything to the contrary in the Crown Land (Reserves) Act 1978 grant to the Trust the land referred to in paragraph (c) of the interpretation of "Centre" in section 2 for the purposes for which the land is reserved subject to such conditions, exceptions and reservations as the Governor in Council thinks fit.
(4) All acts, matters and things of a continuing nature made, done or commenced by or in relation to or on behalf of the Institute before the commencement of this Act which are of any force or effect or capable of acquiring any force or effect shall be deemed and taken to have been made, done or commenced by or in relation to or on behalf of the Trust and shall have or acquire force or effect and may be continued and completed by or in relation to or on behalf of the Trust accordingly.
(5) Without limiting the generality of anything in subsection (3), the powers, duties, liabilities and obligations of the Institute under or arising out of the mortgage of the land referred to in paragraph (b) of the interpretation of "Centre" in section 2 executed by the Institute in favour of the Australia and New Zealand Savings Bank Limited shall become and be powers, duties, obligations and liabilities of the Trust.
S. 4(6) repealed by No. 10087 s. 4(1)(Sch. 2).
5 Functions of Trust
The functions of the Trust shall be—
(a) to complete the construction of the Centre, which shall be known as the Geelong Performing Arts Centre;
(b) to care for, improve and maintain the Centre;
(c) to control and manage the Centre;
S. 5(d) substituted by No. 9795 s. 2, amended by No. 29/1994 s. 30(a).
(d) to present and produce theatrical performances, operas, plays, dramas, ballets and musical and other performances, and entertainments of any kind whatsoever—
(i) in the Centre; and
(ii) outside the Centre;
S. 5(e) amended by No. 29/1994 s. 30(b).
(e) to promote the use of the Centre by persons and bodies whom the Trust consider suitable to use it; and
S. 5(f)
inserted by No. 29/1994 s. 30(b).
(f) to perform any other functions appropriate to the Centre as the Minister may approve.
6 Powers of Trust
(1) Subject to section 16, the Trust shall have power to do all things necessary or convenient to be done for or in connexion with, or incidentally to, the performance of its functions.
(2) Without limiting the generality of subsection (1), the powers of the Trust include power—
(a) to purchase or take on lease or on hire or accept on deposit or loan any personal property for use in or in connexion with the Centre;
(b) to grant leases of or licences to use the Centre or any part of it;
(c) to carry on in the Centre or enter into contracts or arrangements with any person to carry on in the Centre any business which in the opinion of the Trust will improve the facilities or amenities of the Centre;
(d) to acquire and install any equipment or apparatus which in the opinion of the Trust will improve the facilities or amenities of the Centre;
S. 6(2)(e) amended by Nos 97/1987 s. 181(5), 74/2000 s. 3(Sch. 1 item 57).
(e) to apply for and hold any licence or permit under the Liquor Control Reform Act 1998 or any other Act;
(f) to register, purchase, apply for or otherwise acquire either wholly or in part any invention, copyright, trade-mark or other mark or design, patent, patent rights and privileges, licence, concession or other like right which in the opinion of the Trust will assist the Trust to perform its functions and to sell, dispose of, use, exercise and develop such right or invention and to grant licences or privileges in respect thereof;
(g) to enter into any contract, agreement or arrangement with any person or body whether corporate or unincorporate for the purpose of carrying out its functions under this Act or for the better use of its land, equipment and staff;
(h) to install, use, work and maintain or grant upon such terms and conditions and upon payment of such charges as may be determined by the Trust the right to install, use, work or maintain film cameras and projectors and broadcasting and television apparatus in the Centre;
(i) to print or reproduce in any manner or form and to publish or arrange for the printing or reproduction and publication of plays, music, programmes, posters, advertisements or other material which the Trust may deem it expedient to print or reproduce and publish and to acquire the copyright therein;
(j) to commission plays, compositions, ballets, operas, musical comedies or other works;
(k) to purchase and operate or let on hire theatre cinema or other equipment;
(l) to establish and operate a public museum of the performing arts and a public music library;
(m) to purchase or take on lease any land or any interest or estate in land which in the opinion of the Trust is required to facilitate the performance of its functions; and
(n) to solicit and accept and to hold and administer gifts, bequests and devises of money, securities or other property for the purpose of performing its functions under this Act.
S. 6A
inserted by No. 29/1994 s. 31.
6A Trust subject to control of Minister
In performing its functions and exercising its powers under this Act, the Trust is subject to the general direction and control of the Minister.
7 Composition of Trust
S. 7(1) amended by No. 9795 s. 3, substituted by No. 67/1997
s. 3.
(1) The Trust shall consist of not fewer than 7 and not more than 11 members appointed by the Governor in Council on the nomination of the Minister.
S. 7(2) substituted by Nos 29/1994 s. 32(1), 67/1997
s. 3.
(2) One of the members of the Trust must be nominated by the Minister from a panel consisting of—
(a) 3 persons nominated by the City of Greater Geelong;
(b) one person nominated by the Golden Plains Shire;
(c) one person nominated by the Surf Coast Shire;
(d) one person nominated by the Borough of Queenscliffe.
S. 7(2A) inserted by No. 67/1997
s. 3.
(2A) Not less than half of the other members nominated by the Minister shall be chosen from persons who are, in the opinion of the Minister—
(a) experienced in the field of education; or
(b) experienced in business administration and finance; or
(c) distinguished practitioners in the performing arts.
S. 7(2B) inserted by No. 67/1997
s. 3.
(2B) The remaining members of the Trust must be chosen from persons who, in the opinion of the Minister, demonstrate an active interest and leadership in the performing arts in the geographical area served by the Geelong Performing Arts Centre.
(3) Subject to this Act, a member of the Trust shall hold office for such term not exceeding three years as is specified in the instrument by which he is appointed and shall be eligible for re-appointment.
S. 7(3A) inserted by No. 29/1994 s. 32(2).
(3A) A person who has been a member of the Trust for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless—
(a) the person is, or immediately before the expiry of the ninth consecutive year the person was, the Chairman; or
(b) a period of 3 years or more has elapsed since the person last was a member of the Trust.
S. 7(4) repealed by No. 42/1995
s. 224(Sch. 2 item 19).
(5) The Governor in Council may at any time revoke the appointment of a member of the Trust.
8 Vacancies
(1) The office of a member of the Trust shall become vacant—
(a) at the expiration of his term of office;
(b) if he dies;
(c) if in the opinion of the Minister he becomes incapable of continuing as a member;
(d) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his estate for the benefit of his creditors;
(e) if he resigns by writing under his hand addressed to the Governor in Council;
(f) if without leave granted by the Chairman he fails to attend four consecutive meetings of the Trust; or
(g) if his appointment is revoked by the Governor in Council.
(2) Where leave is granted to a member of the Trust by the Chairman for more than three consecutive meetings the Trust shall notify the Minister of the granting of the leave.
S. 8(3)(4) repealed by No. 29/1994 s. 33.
9 Chairman
(1) The Governor in Council shall when appointing the members of the Trust appoint one of the members to be the Chairman of the Trust and may fill any vacancy in the office of Chairman.
(2) The Chairman shall hold office as such for the term of his appointment as a member of the Trust and shall be eligible for re-appointment as Chairman.
(3) If the Chairman ceases to be a member of the Trust he shall cease also to be Chairman of the Trust.
(4) From time to time the members of the Trust shall elect one of their number to be Deputy Chairman, who shall hold office as such for not more than twelve months and be eligible for re-election as Deputy Chairman.
(5) The Chairman shall preside at all meetings of the Trust at which he is present and in his absence the Deputy Chairman shall preside.
(6) In the absence of both the Chairman and the Deputy Chairman a member of the Trust who is chosen by the members present to be Chairman of the meeting shall preside.
(7) In the case of an equality of votes on a question arising for decision at any meeting of the Trust the Chairman of the meeting shall have a second or casting vote.
10 Trust first constituted
(1) The first meeting of the Trust shall be held at a time and place fixed by the Chairman.
(2) The Trust shall be deemed to have been duly constituted on the day on which this Act comes into operation.
11 Procedure
(1) The Trust shall meet at least four times in each calendar year.
(2) A majority in number of the members of the Trust for the time being shall constitute a quorum.
(3) Subject to this Act and the regulations, the Trust may regulate its own procedure.
S. 12 amended by No. 29/1994 s. 34.
12 Travelling expenses
Each member of the Trust shall be entitled to receive such travelling expenses and fees as are prescribed by regulations under this Act.
S. 12A inserted by No. 29/1994 s. 35.
12A Membership of Trust not office of profit
A member of the Trust shall not be taken by reason of being a member to hold an office or place of profit under the Crown which would—
(a) prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or
(b) make void the member's election to the Legislative Council or Legislative Assembly; or
(c) prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or
(d) subject the member to liability to a penalty under the Constitution Act 1975.
13 Committees
(1) For the purposes of this Act the Trust may from time to time—
S. 13(1)(a) amended by No. 29/1994 s. 36.
(a) appoint any two or more of its members and any other person or persons with specialist expertise to be a sub-committee of the Trust;
(b) delegate any of its functions or powers under this Act to any such sub-committee; and
(c) impose such conditions, restrictions and limitations as it thinks fit on the exercise by a sub-committee of any power or function delegated to it.
(2) The building committee appointed by the Institute under section 8 of the Geelong and District Cultural Institute Act 1954 by a resolution passed at a meeting of the Institute held on the 25th October 1976 shall be deemed to have been validly appointed pursuant to subsection (1).
14 Employees
S. 14(1) substituted by No. 29/1994 s. 37(1).
(1) The Trust may employ—
(a) with the approval of the Minister, a general manager; and
(b) any other persons that are necessary for the purposes of this Act.
S. 14(1A) inserted by No. 29/1994 s. 37(1).
(1A) The general manager—
(a) shall be the chief executive officer of the Trust; and
(b) subject to the general direction and control of the Trust, shall have the control and management of the day to day affairs of the Trust.
S. 14(2) amended by No. 29/1994 s. 37(2).
(2) The Trust may from time to time enter into contracts for the services of any person with special qualifications on a part-time basis or for a limited period.
S. 14(3) amended by No. 29/1994 s. 37(3).
(3) Persons employed by the Trust shall be employed on such conditions as the Trust from time to time determines and shall be paid—
S. 14(3)(a) amended by No. 29/1994 s. 37(3).
(a) such remuneration as is fixed from time to time by the Trust; and
S. 14(3)(b) amended by No. 29/1994 s. 37(3).
(b) such travelling and other allowances as are fixed from time to time by the Trust.
S. 14(4) amended by Nos 67/1997
s. 4(1), 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 89).
(4) A person employed by the Trust is not, in respect of his employment as such an employee, subject to the provisions of the Public Administration Act 2004.
15 Moneys
S. 15(1) amended by No. 11/2001 s. 3(Sch. item 32.2).
(1) The Trust shall establish and maintain an account in an authorised deposit-taking institution to be known as the Geelong Performing Arts Centre Account.
(2) All moneys received by the Trust shall be paid into the Account.
S. 15(3) substituted as s. 15(4) by No. 104/1995
s. 6(Sch. 1 item 10),
re-numbered as s. 15(3) by
No. 67/1997
s. 4(2).
(3) All moneys standing to the credit of the Trust in the Account may be invested in such manner as the Treasurer approves.
(4) All income from the investments of the Trust shall be paid into the Account.
(5) Moneys standing to the credit of the Trust in the Account shall be applied by the Trust for or towards the costs and expenses of or incidental to the performance of its functions and the exercise of its powers under this Act.
16 Borrowing powers of Trust
(1) The Trust may with the approval of the Treasurer and subject to such terms, conditions and limits as the Treasurer imposes—
S. 16(1)(a) amended by No. 11/2001 s. 3(Sch. item 32.3).
(a) borrow moneys from any authorised deposit-taking institution by way of overdraft; and
(b) obtain temporary financial accommodation secured or arranged in such manner and for such period as the Treasurer in each particular case approves.
(2) The Trust may borrow money from any institution person or body approved by the Treasurer on such terms and conditions as are approved by the Treasurer from time to time and give to any such institution person or body security for money so borrowed in such form as the Treasurer approves in each particular case.
(3) The Treasurer with the approval of the Governor in Council may execute in favour of any institution person or body lending money to the Trust a guarantee for the repayment thereof and may in addition guarantee the payment of any interest, charges and expenses chargeable under the terms of the loan by the creditor against the Trust and the expenses of enforcing or obtaining or endeavouring to enforce or obtain payment of the debt guaranteed and the interest, charges and expenses.
(4) Any sums required by the Treasurer in fulfilling any guarantee executed pursuant to subsection (3) shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the Treasurer from the Trust or otherwise in respect of any sums so paid by him shall be paid into the Consolidated Fund.
(5) Before a guarantee is given by the Treasurer under this section the Trust shall give to the Treasurer such securities as the Treasurer requires and shall execute all such instruments as are necessary for that purpose.
(6) The Trust shall apply and use all moneys borrowed under the power conferred by this section for the purposes of carrying this Act into effect.
17 Accounts and audits
S. 17(1)–(5) repealed by No. 31/1994 s. 4(Sch. 2 item 36.1).
(6) The Trust may engage public auditors to carry out intermediate inspections or audits as may be required.
S. 18
repealed by No. 31/1994 s. 4(Sch. 2 item 36.2).
S. 18A inserted by No. 29/1994 s. 38.
18A Trust may make by-laws
The Trust may make by-laws not inconsistent with the regulations for or with respect to—
(a) regulating or prohibiting admission to or removal of persons from the Centre; and
(b) the care, protection and management of the Centre; and
(c) the preservation of good order and decency in the Centre.
S. 19 amended by No. 51/2014 s. 9(Sch. 2 item 5.3) (ILA s. 39B(1)).
19 Regulations
(1) The Governor in Council may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted to be prescribed, or are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.
S. 19(2) inserted by No. 51/2014 s. 9(Sch. 2 item 5.3).
(2) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.
S. 20
inserted by No. 67/1997
s. 5.
20 Transitional and saving
A person who was a member of the Geelong Performing Arts Centre Trust immediately before the commencement of the Geelong Performing Arts Centre Trust (Amendment) Act 1997 continues to be a member until the expiry of his or her current term of office.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
The Geelong Performing Arts Centre Trust Act 1980 was assented to on 20 May 1980 and came into operation on 3 October 1980: Government Gazette 24 September 1980 page 3247.
2 Table of Amendments
This publication incorporates amendments made to the Geelong Performing Arts Centre Trust Act 1980 by Acts and subordinate instruments.