Royal National Agricultural and Industrial Association of Queensland Act 1971
In ForceQLD
Jurisdiction
Queensland
Act Number
68 of 1971
Collection
act
Plain English Summary
6/10 complexity
The Act preserves the Royal National Agricultural and Industrial Association of Queensland as a corporation, vests specified trust property and land in it, and imposes controls on land dealings, borrowing and distributions. It requires audited reporting and government approval for key changes.
This affects the Association, its members, creditors, lenders and purchasers, and gives the State (Governor, Minister, chief executive) decisive regulatory and registry powers — limiting finance options, imposing compliance costs, and protecting public oversight of the land.
This Act preserves and continues the Royal National Agricultural and Industrial Association of Queensland as a body corporate, transfers specified Trust property to the Association, sets governance and financial rules for how the Association may use and deal with that property, and imposes reporting, audit and control requirements tied to Ministerial and Governor in Council approvals. The Act gives the Association perpetual succession and corporate powers (s 5). It vestings land described in the Schedule in the Association for an estate in fee simple, subject to existing encumbrances and to the Act (s 10). It frees other property previously held by the Trust from the prior trusts and vests it in the Association subject to outstanding charges (s 14). The Association may use its land for its objects and related activities at Council’s direction (s 12), but sales of land require prior Governor in Council approval and sales without that approval are void (s 13(2), (4)). The Association may invest funds on any investment authorised by Council resolution, whether or not an authorised trustee investment (s 15).
The Act imposes not-for-profit constraints: no dividends, bonuses or profit distributions may be paid to members (s 17), and on winding up surplus assets cannot be distributed to members and must go only to entities with similar purposes and non-profit character (s 17C). Annual financial reporting and audit obligations are mandatory: the Association must prepare a report for each financial year with income, expenditure, assets, liabilities and details of securities, have it audited by a registered company auditor, present the audited report to the next annual general meeting for adoption, and provide a certified copy to the chief executive within one month (s 17A). Auditor independence is regulated: auditors must be registered company auditors and must not be employees, Council members, or partners, employers or employees of Council members (s 17B). Non‑compliance with the reporting and auditor rules attracts specified penalties (maximum 10 penalty units in s 17A and s 17B).
Current sections
Direct links to the current provisions in Royal National Agricultural and Industrial Association of Queensland Act 1971.
37
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Royal National Agricultural and Industrial Association of Queensland Act 1971 .
s 1 amd 2003 No. 11 s 21 sch
sec.2
Section sec.2
s 2 om 1 October 1994 RA s 36
sec.3
Section sec.3
s 3 om 1994 No. 48 s 53
sec.4
Definitions
sec.4 Definitions
In this Act—
Association means the Royal National Agricultural and Industrial Association of Queensland, the body corporate preserved, continued in existence and constituted by this Act.
Council means the Council of the Association established under the rules of the Association.
Minister ...
s 4 def Minister om 1994 No. 48 s 54 (2)
prescribed land , for part 3A , see section 17D .
s 4 def prescribed land ins 2010 No. 35 s 44
registered company auditor means a person registered as an auditor, or taken to be registered as an auditor, under the Corporations Act .
s 4 def registered company auditor ins 1994 No. 48 s 54 (3)
amd 2001 No. 45 s 29 sch 3
registrar means the registrar of titles.
s 4 def registrar ins 2010 No. 35 s 44
Society ...
s 4 def Society om 1994 No. 48 s 54 (2)
Trust means the Royal National Agricultural and Industrial Association of Queensland Exhibition Ground Trust established under the Brisbane Exhibition Grounds Trust Act 1965 .
s 4 def Trust amd 1994 No. 48 s 54 (4)
s 4 amd 1994 No. 48 s 54 (1)
pt.2
Incorporation, composition and objects of association
Incorporation, composition and objects of association
sec.5
Association incorporated
sec.5 Association incorporated
The Royal National Agricultural and Industrial Association of Queensland is hereby preserved, continued in existence, and constituted as a body corporate under the name ‘The Royal National Agricultural and Industrial Association of Queensland’ and, by that name, shall have perpetual succession and a common seal, which shall be judicially noticed, and shall be capable of—
suing and being sued;
compounding or proving in any court of competent jurisdiction all debts or sums of money due to it;
acquiring, holding, dealing with, and disposing of real and personal property, situated in Queensland or elsewhere;
doing all such acts and things as are necessary or convenient to be done in connection with the carrying out of its objects or as authorised by its rules;
doing or suffering all such acts and things as bodies corporate may by law do or suffer.
s 5 amd 1994 No. 48 s 55
(a) suing and being sued;
(b) compounding or proving in any court of competent jurisdiction all debts or sums of money due to it;
(c) acquiring, holding, dealing with, and disposing of real and personal property, situated in Queensland or elsewhere;
(d) doing all such acts and things as are necessary or convenient to be done in connection with the carrying out of its objects or as authorised by its rules;
(e) doing or suffering all such acts and things as bodies corporate may by law do or suffer.
sec.5A
Excluded matter for Corporations legislation
sec.5A Excluded matter for Corporations legislation
The Association is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the following provisions of the Corporations Act —
parts 2D .1 and 2D.6;
chapters 2K and 2L;
parts 5.7 , 5 .7B, 5.9 and 5B.2.
s 5A ins 2001 No. 45 s 29 sch 3
(a) parts 2D .1 and 2D.6;
(b) chapters 2K and 2L;
(c) parts 5.7 , 5 .7B, 5.9 and 5B.2.
sec.6
Membership
sec.6 Membership
The Association consists of persons who, at the material time, are members of the Association under its rules.
The members of the Association immediately before the commencement of this section continue as members of the Association.
s 6 sub 1994 No. 48 s 56
(sec.6-ssec.1) The Association consists of persons who, at the material time, are members of the Association under its rules.
(sec.6-ssec.2) The members of the Association immediately before the commencement of this section continue as members of the Association.
sec.7
Objects
sec.7 Objects
The Association’s objects are its objects in force immediately before the commencement of this section.
The objects may be amended by a resolution passed by a majority of 2 / 3 of its members present at a general meeting of which notice is given under the Association’s rules.
Within 14 days after the objects are amended, the Association must send a copy of its amended objects, under the seal of the Association, to the chief executive.
The resolution does not have effect until approved by the Minister.
s 7 sub 1994 No. 48 s 56
(sec.7-ssec.1) The Association’s objects are its objects in force immediately before the commencement of this section.
(sec.7-ssec.2) The objects may be amended by a resolution passed by a majority of 2 / 3 of its members present at a general meeting of which notice is given under the Association’s rules.
(sec.7-ssec.3) Within 14 days after the objects are amended, the Association must send a copy of its amended objects, under the seal of the Association, to the chief executive.
(sec.7-ssec.4) The resolution does not have effect until approved by the Minister.
sec.8
Rules
sec.8 Rules
The Association’s rules are its rules in force immediately before the commencement of this section.
The rules may be amended in the way mentioned in the rules.
Within 14 days after the rules are amended, the Association must send a copy of its amended rules, under the seal of the Association, to the chief executive.
The amended rules do not have effect until approved by the Minister.
s 8 amd 1989 No. 103 s 3 sch
sub 1994 No. 48 s 56
(sec.8-ssec.1) The Association’s rules are its rules in force immediately before the commencement of this section.
(sec.8-ssec.2) The rules may be amended in the way mentioned in the rules.
(sec.8-ssec.3) Within 14 days after the rules are amended, the Association must send a copy of its amended rules, under the seal of the Association, to the chief executive.
(sec.8-ssec.4) The amended rules do not have effect until approved by the Minister.
sec.9
Section sec.9
s 9 om 1994 No. 48 s 56
pt.3
Property and finance
Property and finance
sec.10
Vesting of land in Association
sec.10 Vesting of land in Association
On and from the date of commencement of this Act the land described in the Schedule is divested from the Trust and shall vest for an estate in fee simple in the Association subject to this Act and subject to all mortgages, charges, encumbrances, liens, leases, easements, agreements, licences, and other transactions affecting the land at the date of commencement of this Act.
The Registrar of Titles shall, on the request of the Association, record on the instruments of title that relate to the land described in the Schedule the divesting of the land from the Trust and its vesting, subject as prescribed by subsection (1) , in the Association for an estate in fee simple.
There shall be endorsed on every instrument of title subsequently issued to the Association in respect of such land or any part thereof reference to the fact that the estate of the Association in the land is subject to the provisions of this Act.
(sec.10-ssec.1) On and from the date of commencement of this Act the land described in the Schedule is divested from the Trust and shall vest for an estate in fee simple in the Association subject to this Act and subject to all mortgages, charges, encumbrances, liens, leases, easements, agreements, licences, and other transactions affecting the land at the date of commencement of this Act.
(sec.10-ssec.2) The Registrar of Titles shall, on the request of the Association, record on the instruments of title that relate to the land described in the Schedule the divesting of the land from the Trust and its vesting, subject as prescribed by subsection (1) , in the Association for an estate in fee simple.
(sec.10-ssec.3) There shall be endorsed on every instrument of title subsequently issued to the Association in respect of such land or any part thereof reference to the fact that the estate of the Association in the land is subject to the provisions of this Act.
sec.11
Termination of trusts affecting Association’s land
sec.11 Termination of trusts affecting Association’s land
On and from the date of commencement of this Act the land described in the Schedule shall be held free and discharged from the trusts that theretofore affected the same.
sec.12
Use of land
sec.12 Use of land
The land from time to time vested in the Association shall be held by the Association on behalf of its members, and, at the direction of the Council, used by it in accordance with the objects and rules of the Association—
for carrying out the objects and purposes of the Association; and
for any business, religious, educational, charitable, recreational, sporting or other purpose that in the opinion of the Council is not detrimental to the public interest or the interests of the Association and that is not inconsistent with the use thereof permitted by paragraph (a) .
(a) for carrying out the objects and purposes of the Association; and
(b) for any business, religious, educational, charitable, recreational, sporting or other purpose that in the opinion of the Council is not detrimental to the public interest or the interests of the Association and that is not inconsistent with the use thereof permitted by paragraph (a) .
sec.13
Dealing with Association’s land
sec.13 Dealing with Association’s land
Subject to this section and part 3A and to the objects and rules of the Association, the Association may, in the discretion and at the direction of the Council, sell, mortgage, encumber, lease, or agree to lease land for the time being vested in the Association.
The Association may not sell land vested in the Association without the Governor in Council’s prior approval.
An approval under subsection (2) may be given on conditions.
A sale of land vested in the Association, other than in accordance with subsection (2) , is void.
However, subsection (2) does not prevent the Association from entering into an agreement or other transaction that is conditional on obtaining an approval under subsection (2) .
With respect to a mortgage of land vested in the Association the provisions of section 351 (other than of subsection (1) ) of the Land Act 1962 shall apply as if the land the subject of the mortgage were granted in trust under that Act.
However, section 351 (3) of the Land Act 1962 does not apply to a mortgagee of the Association’s land if, when the land was acquired by the Association (however described), the unimproved value of the land was paid.
In this section—
sell includes—
agree to sell; and
grant an option to purchase; and
enter into a transaction that has, as its object, the grant of a right (not immediately exercisable) to purchase or to be given an option to purchase; and
procure a person to enter into a purchase.
s 13 amd 1994 No. 48 s 57 ; 2010 No. 21 s 25 ; 2010 No. 35 s 45
(sec.13-ssec.1) Subject to this section and part 3A and to the objects and rules of the Association, the Association may, in the discretion and at the direction of the Council, sell, mortgage, encumber, lease, or agree to lease land for the time being vested in the Association.
(sec.13-ssec.2) The Association may not sell land vested in the Association without the Governor in Council’s prior approval.
(sec.13-ssec.2A) An approval under subsection (2) may be given on conditions.
(sec.13-ssec.2B) A sale of land vested in the Association, other than in accordance with subsection (2) , is void.
(sec.13-ssec.2C) However, subsection (2) does not prevent the Association from entering into an agreement or other transaction that is conditional on obtaining an approval under subsection (2) .
(sec.13-ssec.3) With respect to a mortgage of land vested in the Association the provisions of section 351 (other than of subsection (1) ) of the Land Act 1962 shall apply as if the land the subject of the mortgage were granted in trust under that Act.
(sec.13-ssec.4) However, section 351 (3) of the Land Act 1962 does not apply to a mortgagee of the Association’s land if, when the land was acquired by the Association (however described), the unimproved value of the land was paid.
(sec.13-ssec.5) In this section— sell includes— agree to sell; and grant an option to purchase; and enter into a transaction that has, as its object, the grant of a right (not immediately exercisable) to purchase or to be given an option to purchase; and procure a person to enter into a purchase.
(a) agree to sell; and
(b) grant an option to purchase; and
(c) enter into a transaction that has, as its object, the grant of a right (not immediately exercisable) to purchase or to be given an option to purchase; and
(d) procure a person to enter into a purchase.
sec.14
Vesting of property other than land
sec.14 Vesting of property other than land
On and from the date of commencement of this Act all property (other than the land described in the Schedule) that immediately before that date is vested in the Trust is freed and discharged from the trusts upon which the same is then held (such trusts being those prescribed by the repealed Act) and is divested from the Trust and shall vest in the Association absolutely subject to all debts, liabilities, obligations and trusts (other than trusts hereinbefore terminated) specifically charged on or affecting the same.
sec.15
Investment of Association’s funds
sec.15 Investment of Association’s funds
Subject to its rules, regulations and by-laws and to the terms of any trust affecting its funds and to any direction or restriction attached or imposed with respect thereto by a donor thereof, the Association may invest its funds or any part thereof in any investment authorised by resolution of the Council whether the investment be an authorised trustee investment or not.
The Association may accept and hold any investment that is transferred to the Association otherwise than by way of purchase notwithstanding that the investment is not of the nature authorised by subsection (1) .
(sec.15-ssec.1) Subject to its rules, regulations and by-laws and to the terms of any trust affecting its funds and to any direction or restriction attached or imposed with respect thereto by a donor thereof, the Association may invest its funds or any part thereof in any investment authorised by resolution of the Council whether the investment be an authorised trustee investment or not.
(sec.15-ssec.2) The Association may accept and hold any investment that is transferred to the Association otherwise than by way of purchase notwithstanding that the investment is not of the nature authorised by subsection (1) .
sec.16
Variations of terms of trusts and gifts
sec.16 Variations of terms of trusts and gifts
Where any property is held by the Association on terms requiring such property or the income therefrom to be applied for a purpose or purposes and—
such purpose or all or any of such purposes has or have been effected; or
such purpose or all or any of such purposes has or have ceased to exist; or
such purpose or all or any of such purposes has or have been adequately provided for by other means; or
such purpose is or all or any of such purposes are uncertain or cannot be identified or is or are not sufficiently defined; or
it becomes impossible or impracticable or inexpedient to carry out the purpose or all or any of such purposes; or
the property or income derived therefrom proves inadequate or more than sufficient to carry out such purpose or all or any of such purposes;
then subject to the provisions of this section the Council may cause to be prepared a scheme by which that property or any part or residue thereof shall be held on terms requiring such property, part or residue or the income therefrom to be applied for the purpose or purposes designated in the scheme.
A scheme prepared pursuant to subsection (1) shall be submitted by the Council to the Minister.
Upon receipt of a scheme, the Minister may—
approve the scheme; or
approve the scheme with such modifications as the Minister thinks fit; or
refuse to approve the scheme.
A scheme approved by the Minister (with or without modifications) is, in this section, in relation to the property or part or residue thereof concerned, called the approved scheme and notification thereof shall be published in the Gazette.
Where in relation to any property held by the Association there is in existence for the time being, an approved scheme, such property and the income arising therefrom, should the case require it, shall in accordance with the approved scheme, be diverted from the purpose or purposes for which it was held and shall be held for the purpose or purposes as designated in the approved scheme.
If the Council desires from time to time to amend an approved scheme it shall submit every proposed amendment to the Minister.
The Minister may—
approve the amendment; or
approve the amendment with such modifications as the Minister thinks fit; or
refuse to approve the amendment.
Notification of every amendment to an approved scheme approved by the Minister shall be published in the Gazette and thereupon the approved scheme in relation to which such amendment has been approved shall be amended in accordance with such approval and as so amended shall be the approved scheme for the time being in relation to the property the subject of such approval.
Where property the subject of an approved scheme consists (wholly or in part) of land, the Association shall, within 14 days after the publication in the Gazette of notification of the approved scheme and within 14 days of the publication in the Gazette of notification of every amendment thereof, notify the authority charged in law with the registration of dealings relating to the land of such approval or, as the case may be, amendment.
In selecting a purpose for an approved scheme or for any amendment of an approved scheme the Council shall have a preference for a purpose which, in its opinion, is as nearly similar to the purpose or purposes for which the property concerned is, for the time being, held by the Association as is consistent with useful and convenient achievement.
However, an approved scheme or an approved amendment to an approved scheme shall not be invalidated or otherwise prejudiced by reason of the fact that another purpose may have more properly been selected by the Council in accordance with subsection (6) .
Upon its publication in the Gazette judicial notice shall be taken of an approved scheme and of any amendment thereof.
The powers conferred by this section are in addition to any other powers or rights exercisable in law in respect of property held by the Association upon trust.
(sec.16-ssec.1) Where any property is held by the Association on terms requiring such property or the income therefrom to be applied for a purpose or purposes and— such purpose or all or any of such purposes has or have been effected; or such purpose or all or any of such purposes has or have ceased to exist; or such purpose or all or any of such purposes has or have been adequately provided for by other means; or such purpose is or all or any of such purposes are uncertain or cannot be identified or is or are not sufficiently defined; or it becomes impossible or impracticable or inexpedient to carry out the purpose or all or any of such purposes; or the property or income derived therefrom proves inadequate or more than sufficient to carry out such purpose or all or any of such purposes; then subject to the provisions of this section the Council may cause to be prepared a scheme by which that property or any part or residue thereof shall be held on terms requiring such property, part or residue or the income therefrom to be applied for the purpose or purposes designated in the scheme.
(sec.16-ssec.2) A scheme prepared pursuant to subsection (1) shall be submitted by the Council to the Minister.
(sec.16-ssec.2A) Upon receipt of a scheme, the Minister may— approve the scheme; or approve the scheme with such modifications as the Minister thinks fit; or refuse to approve the scheme.
(sec.16-ssec.2B) A scheme approved by the Minister (with or without modifications) is, in this section, in relation to the property or part or residue thereof concerned, called the approved scheme and notification thereof shall be published in the Gazette.
(sec.16-ssec.3) Where in relation to any property held by the Association there is in existence for the time being, an approved scheme, such property and the income arising therefrom, should the case require it, shall in accordance with the approved scheme, be diverted from the purpose or purposes for which it was held and shall be held for the purpose or purposes as designated in the approved scheme.
(sec.16-ssec.4) If the Council desires from time to time to amend an approved scheme it shall submit every proposed amendment to the Minister.
(sec.16-ssec.4A) The Minister may— approve the amendment; or approve the amendment with such modifications as the Minister thinks fit; or refuse to approve the amendment.
(sec.16-ssec.4B) Notification of every amendment to an approved scheme approved by the Minister shall be published in the Gazette and thereupon the approved scheme in relation to which such amendment has been approved shall be amended in accordance with such approval and as so amended shall be the approved scheme for the time being in relation to the property the subject of such approval.
(sec.16-ssec.5) Where property the subject of an approved scheme consists (wholly or in part) of land, the Association shall, within 14 days after the publication in the Gazette of notification of the approved scheme and within 14 days of the publication in the Gazette of notification of every amendment thereof, notify the authority charged in law with the registration of dealings relating to the land of such approval or, as the case may be, amendment.
(sec.16-ssec.6) In selecting a purpose for an approved scheme or for any amendment of an approved scheme the Council shall have a preference for a purpose which, in its opinion, is as nearly similar to the purpose or purposes for which the property concerned is, for the time being, held by the Association as is consistent with useful and convenient achievement.
(sec.16-ssec.6A) However, an approved scheme or an approved amendment to an approved scheme shall not be invalidated or otherwise prejudiced by reason of the fact that another purpose may have more properly been selected by the Council in accordance with subsection (6) .
(sec.16-ssec.7) Upon its publication in the Gazette judicial notice shall be taken of an approved scheme and of any amendment thereof.
(sec.16-ssec.8) The powers conferred by this section are in addition to any other powers or rights exercisable in law in respect of property held by the Association upon trust.
(a) such purpose or all or any of such purposes has or have been effected; or
(b) such purpose or all or any of such purposes has or have ceased to exist; or
(c) such purpose or all or any of such purposes has or have been adequately provided for by other means; or
(d) such purpose is or all or any of such purposes are uncertain or cannot be identified or is or are not sufficiently defined; or
(e) it becomes impossible or impracticable or inexpedient to carry out the purpose or all or any of such purposes; or
(f) the property or income derived therefrom proves inadequate or more than sufficient to carry out such purpose or all or any of such purposes;
(a) approve the scheme; or
(b) approve the scheme with such modifications as the Minister thinks fit; or
(c) refuse to approve the scheme.
(a) approve the amendment; or
(b) approve the amendment with such modifications as the Minister thinks fit; or
(c) refuse to approve the amendment.
sec.17
No payment of dividend
sec.17 No payment of dividend
No dividend, bonus or other distribution of profit shall at any time be paid out of the income or property of the Association to any member thereof.
sec.17A
Report
sec.17A Report
The Association must, for each of its financial years—
prepare a report containing the following particulars—
the income and expenditure of the Association in the financial year;
details sufficient to identify the assets and liabilities of the Association at the end of the financial year;
details sufficient to identify all mortgages, charges and securities of any description affecting the property of the Association at the end of the financial year; and
have the report audited by a registered company auditor; and
present the audited report to the next annual general meeting of the Association after the end of the financial year for adoption by the Association.
Maximum penalty—10 penalty units.
The Association must give the chief executive a copy of the report certified as correct by the auditor.
The report must be given to the chief executive within 1 month after the audited report is adopted by the annual general meeting or, if the chief executive allows a longer period, within the longer period.
s 17A ins 1994 No. 48 s 58
(sec.17A-ssec.1) The Association must, for each of its financial years— prepare a report containing the following particulars— the income and expenditure of the Association in the financial year; details sufficient to identify the assets and liabilities of the Association at the end of the financial year; details sufficient to identify all mortgages, charges and securities of any description affecting the property of the Association at the end of the financial year; and have the report audited by a registered company auditor; and present the audited report to the next annual general meeting of the Association after the end of the financial year for adoption by the Association. Maximum penalty—10 penalty units.
(sec.17A-ssec.2) The Association must give the chief executive a copy of the report certified as correct by the auditor.
(sec.17A-ssec.3) The report must be given to the chief executive within 1 month after the audited report is adopted by the annual general meeting or, if the chief executive allows a longer period, within the longer period.
(a) prepare a report containing the following particulars— (i) the income and expenditure of the Association in the financial year; (ii) details sufficient to identify the assets and liabilities of the Association at the end of the financial year; (iii) details sufficient to identify all mortgages, charges and securities of any description affecting the property of the Association at the end of the financial year; and
(i) the income and expenditure of the Association in the financial year;
(ii) details sufficient to identify the assets and liabilities of the Association at the end of the financial year;
(iii) details sufficient to identify all mortgages, charges and securities of any description affecting the property of the Association at the end of the financial year; and
(b) have the report audited by a registered company auditor; and
(c) present the audited report to the next annual general meeting of the Association after the end of the financial year for adoption by the Association.
(i) the income and expenditure of the Association in the financial year;
(ii) details sufficient to identify the assets and liabilities of the Association at the end of the financial year;
(iii) details sufficient to identify all mortgages, charges and securities of any description affecting the property of the Association at the end of the financial year; and
sec.17B
Auditors
sec.17B Auditors
A person must not—
consent to be appointed as auditor of the Association; or
act as auditor of the Association; or
prepare a report required to be prepared under section 17A ;
if—
the person is not a registered company auditor; or
the person is—
an employee of the Association; or
a member of the Council; or
a partner, employer or employee of a member of the Council.
Maximum penalty—10 penalty units.
s 17B ins 1994 No. 48 s 58
(a) consent to be appointed as auditor of the Association; or
(b) act as auditor of the Association; or
(c) prepare a report required to be prepared under section 17A ;
(d) the person is not a registered company auditor; or
(e) the person is— (i) an employee of the Association; or (ii) a member of the Council; or (iii) a partner, employer or employee of a member of the Council.
(i) an employee of the Association; or
(ii) a member of the Council; or
(iii) a partner, employer or employee of a member of the Council.
(i) an employee of the Association; or
(ii) a member of the Council; or
(iii) a partner, employer or employee of a member of the Council.
sec.17C
Application of Associations Incorporation Act 1981 to winding-up of Association
sec.17C Application of Associations Incorporation Act 1981 to winding-up of Association
The Association may be wound-up in the same way as an incorporated association may be wound-up under the Associations Incorporation Act 1981 , and for that purpose, the Association is taken to be an incorporated association under that Act.
However, a resolution of the Association relating to its winding-up—
can not provide for the distribution of its surplus assets to any of its members; and
may provide for the distribution of its surplus assets only to an entity—
that has similar purposes to the Association; and
that is not carried on for the profit or gain of its individual members; and
whose members can not obtain any benefit from surplus assets of the entity on its winding-up.
Despite the Associations Incorporation Act 1981 , section 92 (1) , surplus assets of the Association can not, under that subsection, be distributed to any members of the Association.
s 17C ins 1994 No. 48 s 58
amd 2011 No. 8 s 92
(sec.17C-ssec.1) The Association may be wound-up in the same way as an incorporated association may be wound-up under the Associations Incorporation Act 1981 , and for that purpose, the Association is taken to be an incorporated association under that Act.
(sec.17C-ssec.2) However, a resolution of the Association relating to its winding-up— can not provide for the distribution of its surplus assets to any of its members; and may provide for the distribution of its surplus assets only to an entity— that has similar purposes to the Association; and that is not carried on for the profit or gain of its individual members; and whose members can not obtain any benefit from surplus assets of the entity on its winding-up.
(sec.17C-ssec.3) Despite the Associations Incorporation Act 1981 , section 92 (1) , surplus assets of the Association can not, under that subsection, be distributed to any members of the Association.
(a) can not provide for the distribution of its surplus assets to any of its members; and
(b) may provide for the distribution of its surplus assets only to an entity— (i) that has similar purposes to the Association; and (ii) that is not carried on for the profit or gain of its individual members; and (iii) whose members can not obtain any benefit from surplus assets of the entity on its winding-up.
(i) that has similar purposes to the Association; and
(ii) that is not carried on for the profit or gain of its individual members; and
(iii) whose members can not obtain any benefit from surplus assets of the entity on its winding-up.
(i) that has similar purposes to the Association; and
(ii) that is not carried on for the profit or gain of its individual members; and
(iii) whose members can not obtain any benefit from surplus assets of the entity on its winding-up.
pt.3A
Dealing with particular land
Dealing with particular land
sec.17D
Land to which this part applies
sec.17D Land to which this part applies
A regulation may prescribe land vested for an estate in fee simple in the Association to be land to which this part applies ( prescribed land ).
s 17D ins 2010 No. 35 s 46
sec.17E
Dealing with prescribed land
sec.17E Dealing with prescribed land
The Association may not grant or agree to grant a mortgage, charge or lien over prescribed land other than to Queensland Treasury Corporation.
A mortgage, charge or lien granted by the Association over land after the land becomes prescribed land, other than to Queensland Treasury Corporation, is void.
No writ of execution may be registered in the freehold land register in relation to prescribed land.
In this section—
grant includes create.
writ of execution see the Land Title Act 1994 , schedule 2 .
s 17E ins 2010 No. 35 s 46
(sec.17E-ssec.1) The Association may not grant or agree to grant a mortgage, charge or lien over prescribed land other than to Queensland Treasury Corporation.
(sec.17E-ssec.2) A mortgage, charge or lien granted by the Association over land after the land becomes prescribed land, other than to Queensland Treasury Corporation, is void.
(sec.17E-ssec.3) No writ of execution may be registered in the freehold land register in relation to prescribed land.
(sec.17E-ssec.4) In this section— grant includes create. writ of execution see the Land Title Act 1994 , schedule 2 .
sec.17F
Insolvency events
sec.17F Insolvency events
For this section, an insolvency event happens if—
the Association is insolvent or states that it is insolvent; or
the Association takes a step to obtain, or is granted, protection under a law from a creditor; or
the Association’s members pass a special resolution to wind up the Association; or
an event or circumstances mentioned in the Associations Incorporation Act 1981 , section 91 happen; or
under the Associations Incorporation Act 1981 , section 92C or 93, the incorporation of the Association is cancelled by the chief executive of the department in which that Act is administered; or
a receiver, or receiver and manager, is appointed to the Association or any of its assets; or
a mortgagee takes possession of any of the Association’s assets or undertakings; or
anything else happens that corresponds, or has a substantially similar effect, to an event or circumstances mentioned in paragraphs (a) to (g) .
If an insolvency event happens, all prescribed land is divested from the Association and vests for an estate in fee simple in the State subject to any mortgages, charges, encumbrances, liens, leases, easements, agreements, licences, and other transactions affecting the land at the time of the insolvency event.
No compensation is payable by the State to the Association or any other person because of the operation of subsection (2) .
The chief executive may give to the registrar—
a certificate stating that an insolvency event has happened; and
a request to record the vesting of the prescribed land in the State under subsection (2) .
On receiving the certificate and request, the registrar must record the vesting of the prescribed land in the freehold land register in the appropriate way.
However, subsection (5) applies subject to any declaration by a court that the insolvency event has not happened.
To remove any doubt, it is declared that, if under this section prescribed land is divested from the Association and vested for an estate in fee simple in the State, nothing in this Act limits how the State may use or deal with the land.
s 17F ins 2010 No. 35 s 46
amd 2020 No. 17 s 68 sch 1
(sec.17F-ssec.1) For this section, an insolvency event happens if— the Association is insolvent or states that it is insolvent; or the Association takes a step to obtain, or is granted, protection under a law from a creditor; or the Association’s members pass a special resolution to wind up the Association; or an event or circumstances mentioned in the Associations Incorporation Act 1981 , section 91 happen; or under the Associations Incorporation Act 1981 , section 92C or 93, the incorporation of the Association is cancelled by the chief executive of the department in which that Act is administered; or a receiver, or receiver and manager, is appointed to the Association or any of its assets; or a mortgagee takes possession of any of the Association’s assets or undertakings; or anything else happens that corresponds, or has a substantially similar effect, to an event or circumstances mentioned in paragraphs (a) to (g) .
(sec.17F-ssec.2) If an insolvency event happens, all prescribed land is divested from the Association and vests for an estate in fee simple in the State subject to any mortgages, charges, encumbrances, liens, leases, easements, agreements, licences, and other transactions affecting the land at the time of the insolvency event.
(sec.17F-ssec.3) No compensation is payable by the State to the Association or any other person because of the operation of subsection (2) .
(sec.17F-ssec.4) The chief executive may give to the registrar— a certificate stating that an insolvency event has happened; and a request to record the vesting of the prescribed land in the State under subsection (2) .
(sec.17F-ssec.5) On receiving the certificate and request, the registrar must record the vesting of the prescribed land in the freehold land register in the appropriate way.
(sec.17F-ssec.6) However, subsection (5) applies subject to any declaration by a court that the insolvency event has not happened.
(sec.17F-ssec.7) To remove any doubt, it is declared that, if under this section prescribed land is divested from the Association and vested for an estate in fee simple in the State, nothing in this Act limits how the State may use or deal with the land.
(a) the Association is insolvent or states that it is insolvent; or
(b) the Association takes a step to obtain, or is granted, protection under a law from a creditor; or
(c) the Association’s members pass a special resolution to wind up the Association; or
(d) an event or circumstances mentioned in the Associations Incorporation Act 1981 , section 91 happen; or
(e) under the Associations Incorporation Act 1981 , section 92C or 93, the incorporation of the Association is cancelled by the chief executive of the department in which that Act is administered; or
(f) a receiver, or receiver and manager, is appointed to the Association or any of its assets; or
(g) a mortgagee takes possession of any of the Association’s assets or undertakings; or
(h) anything else happens that corresponds, or has a substantially similar effect, to an event or circumstances mentioned in paragraphs (a) to (g) .
(a) a certificate stating that an insolvency event has happened; and
(b) a request to record the vesting of the prescribed land in the State under subsection (2) .
sec.17G
Notice in freehold land register
sec.17G Notice in freehold land register
As soon as practicable after land is prescribed under section 17D , the chief executive must ask the registrar to record that this part applies to the prescribed land.
On receiving the request, the registrar must make a record in a way that a search of the freehold land register relating to prescribed land will show that this part applies to the land.
If land stops being prescribed land, the chief executive must ask the registrar to cancel a record made under subsection (2) .
The registrar must comply with a request from the chief executive to cancel a record made under subsection (2) .
s 17G ins 2010 No. 35 s 46
(sec.17G-ssec.1) As soon as practicable after land is prescribed under section 17D , the chief executive must ask the registrar to record that this part applies to the prescribed land.
(sec.17G-ssec.2) On receiving the request, the registrar must make a record in a way that a search of the freehold land register relating to prescribed land will show that this part applies to the land.
(sec.17G-ssec.3) If land stops being prescribed land, the chief executive must ask the registrar to cancel a record made under subsection (2) .
(sec.17G-ssec.4) The registrar must comply with a request from the chief executive to cancel a record made under subsection (2) .
pt.4
Miscellaneous provisions
Miscellaneous provisions
sec.18
Power of Association to cooperate with other bodies
sec.18 Power of Association to cooperate with other bodies
The Association may—
cooperate with any corporation, body or society (whether in Queensland or elsewhere) having 1 or more objects wholly or substantially similar to the objects of the Association for the purpose of promoting the objects of such corporation, body or society or the objects of the Association; and
if it thinks fit, become a member of or an affiliate of any such corporation, body or society.
(a) cooperate with any corporation, body or society (whether in Queensland or elsewhere) having 1 or more objects wholly or substantially similar to the objects of the Association for the purpose of promoting the objects of such corporation, body or society or the objects of the Association; and
(b) if it thinks fit, become a member of or an affiliate of any such corporation, body or society.
sec.19
Protection from liability for Council members
sec.19 Protection from liability for Council members
A member of the Council does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act including the Association’s rules.
If subsection (1) prevents a civil liability attaching to a member of the Council, the liability attaches instead to the Association.
s 19 sub 1994 No. 48 s 59
(sec.19-ssec.1) A member of the Council does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act including the Association’s rules.
(sec.19-ssec.2) If subsection (1) prevents a civil liability attaching to a member of the Council, the liability attaches instead to the Association.
sec.20
Summary removal of dangers etc. and recovery of expenses
sec.20 Summary removal of dangers etc. and recovery of expenses
Where any person, by contravention of or failure to comply with a rule, regulation or by-law of the Association, causes—
danger or annoyance to the public; or
hindrance to the Association or its lessees, licensees, or permitees, or to the public in the lawful use of land vested in the Association;
the Association or any of its lessees, licensees, or permitees, or the agents of any of them may summarily obviate or remove the danger, annoyance or hindrance.
Where in the exercise of the power conferred by this section expense is incurred the person who incurs the expense may recover from the person who caused the danger, annoyance or hindrance the amount of the expense as a debt in that amount due and unpaid to him or her, by way of action in a court of competent jurisdiction.
This section and any action taken hereunder shall not limit the liability at law of the person who caused the danger, annoyance or hindrance.
(sec.20-ssec.1) Where any person, by contravention of or failure to comply with a rule, regulation or by-law of the Association, causes— danger or annoyance to the public; or hindrance to the Association or its lessees, licensees, or permitees, or to the public in the lawful use of land vested in the Association; the Association or any of its lessees, licensees, or permitees, or the agents of any of them may summarily obviate or remove the danger, annoyance or hindrance.
(sec.20-ssec.2) Where in the exercise of the power conferred by this section expense is incurred the person who incurs the expense may recover from the person who caused the danger, annoyance or hindrance the amount of the expense as a debt in that amount due and unpaid to him or her, by way of action in a court of competent jurisdiction.
(sec.20-ssec.3) This section and any action taken hereunder shall not limit the liability at law of the person who caused the danger, annoyance or hindrance.
(a) danger or annoyance to the public; or
(b) hindrance to the Association or its lessees, licensees, or permitees, or to the public in the lawful use of land vested in the Association;
sec.21
Regulation-making power
sec.21 Regulation-making power
The Governor in Council may make regulations under this Act.
s 21 sub 1994 No. 48 s 60 ; 2003 No. 11 s 21 sch
pt.5
sec.22
Section sec.22
s 22 ins 1994 No. 48 s 60
exp 1 April 1995 (see s 22(3))
sec.23
Section sec.23
s 23 ins 1994 No. 48 s 60
exp 1 October 1995 (see s 23(3))
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Royal National Agricultural and Industrial Association of Queensland Act 1971 .
s 1 amd 2003 No. 11 s 21 sch
Section sec.2
s 2 om 1 October 1994 RA s 36
Section sec.3
s 3 om 1994 No. 48 s 53
sec.4 Definitions
sec.4 Definitions
In this Act—
Association means the Royal National Agricultural and Industrial Association of Queensland, the body corporate preserved, continued in existence and constituted by this Act.
Council means the Council of the Association established under the rules of the Association.
Minister ...
s 4 def Minister om 1994 No. 48 s 54 (2)
prescribed land , for part 3A , see section 17D .
s 4 def prescribed land ins 2010 No. 35 s 44
registered company auditor means a person registered as an auditor, or taken to be registered as an auditor, under the Corporations Act .
s 4 def registered company auditor ins 1994 No. 48 s 54 (3)
amd 2001 No. 45 s 29 sch 3
registrar means the registrar of titles.
s 4 def registrar ins 2010 No. 35 s 44
Society ...
s 4 def Society om 1994 No. 48 s 54 (2)
Trust means the Royal National Agricultural and Industrial Association of Queensland Exhibition Ground Trust established under the Brisbane Exhibition Grounds Trust Act 1965 .
s 4 def Trust amd 1994 No. 48 s 54 (4)
s 4 amd 1994 No. 48 s 54 (1)
pt.2 Incorporation, composition and objects of association
Incorporation, composition and objects of association
sec.5 Association incorporated
sec.5 Association incorporated
The Royal National Agricultural and Industrial Association of Queensland is hereby preserved, continued in existence, and constituted as a body corporate under the name ‘The Royal National Agricultural and Industrial Association of Queensland’ and, by that name, shall have perpetual succession and a common seal, which shall be judicially noticed, and shall be capable of—
suing and being sued;
compounding or proving in any court of competent jurisdiction all debts or sums of money due to it;
acquiring, holding, dealing with, and disposing of real and personal property, situated in Queensland or elsewhere;
doing all such acts and things as are necessary or convenient to be done in connection with the carrying out of its objects or as authorised by its rules;
doing or suffering all such acts and things as bodies corporate may by law do or suffer.
s 5 amd 1994 No. 48 s 55
(a) suing and being sued;
A discrete regime for "prescribed land", added by later amendment, permits the Executive by regulation to prescribe particular Association land to which part 3A applies (s 17D). For prescribed land, mortgages or charges may only be granted to Queensland Treasury Corporation, other mortgages are void, and no writ of execution may be registered in the freehold land register (s 17E). If specified insolvency events occur, all prescribed land automatically vests in the State, subject to existing encumbrances, with no compensation payable (s 17F). The chief executive initiates the land transfer process by certificate to the registrar of titles and the registrar must record the vesting, subject to any court declaration to the contrary (s 17F(4)-(6)). The Governor in Council may make regulations under the Act (s 21).
The Act also: excludes the Association from certain Corporations Act provisions listed expressly (s 5A); preserves Council member protection from civil liability when acting honestly and without negligence (s 19); allows the Association to summarily remove dangers or nuisances caused by rule breaches and recover expenses as a debt (s 20); and provides for Ministerial approval and Gazette publication when the Association amends objects, rules or approved schemes varying trust terms (s 7, 8, 16). These features create a hybrid of corporate autonomy and statutory oversight for use and disposition of substantial land and assets.
Main concepts
Corporate preservation and powers: The Association is preserved and continued as a body corporate with perpetual succession and a common seal, and has statutory capacities that include suing and being sued, holding and disposing of property, and doing acts necessary to carry out its objects (s 5). The Act declares the Association an "excluded matter" for specific Corporations Act provisions (s 5A), which limits the operation of certain federal company law regimes in relation to the Association.
Vesting of Trust property: Land described in the Schedule is divested from the Brisbane Exhibition Grounds Trust and vests in the Association subject to existing encumbrances and to the Act (s 10). Other non-land property formerly vested in the Trust is divested and vests in the Association, similarly subject to charges and trusts not terminated by the Act (s 14).
Use and dealing restrictions on land: The land vested in the Association is held on behalf of members and is to be used by direction of Council in accordance with the objects and rules (s 12). The Association may sell, mortgage, encumber or lease land in Council’s discretion but may not sell land without prior Governor in Council approval; sales without that approval are void (s 13(1)-(4)). For mortgages, certain Land Act 1962 provisions apply by reference, including constraints on mortgagees (s 13(3)). The Act specifically defines "sell" to include agreements to sell and options (s 13(5)).
Prescribed land special regime: Part 3A introduces a separate layer for land the Governor in Council prescribes under regulation. Once land is prescribed, subsection 17E bars mortgages or charges over prescribed land except to Queensland Treasury Corporation, declares such other instruments void, and prevents registration of writs of execution over prescribed land (s 17D, 17E). If an "insolvency event" as defined occurs, prescribed land is divested from the Association and vests in the State subject to encumbrances, with no compensation payable (s 17F). The chief executive certifies the insolvency event to the registrar, who must record the vesting unless a court declares the insolvency event has not happened (s 17F(4)-(6)). The chief executive must also ask the registrar to record that part 3A applies to each parcel of prescribed land so searches show the special regime (s 17G).
Financial reporting, audit and non‑distribution constraints: The Association must prepare an annual report listing income and expenditure, assets and liabilities, and all mortgages, charges and securities, have it audited by a registered company auditor, and present the audited report to the next annual general meeting for adoption (s 17A(1)). The audited report must be given to the chief executive, certified correct by the auditor, within one month after adoption (unless a longer period is allowed) (s 17A(2)-(3)). Auditors must be registered company auditors and must not be employees, Council members, or partners, employers or employees of Council members (s 17B). The Act prohibits payment of dividends or distributions to members (s 17). On winding up, surplus assets cannot be distributed to members and must be transferred only to an entity with similar purposes and non-profit character (s 17C).
Ministerial and Governor in Council approvals: Amendments to objects and rules must be notified to and approved by the Minister before taking effect; the Association must send a sealed copy within 14 days (s 7(2)-(4), s 8(2)-(4)). Sales of land require Governor in Council prior approval and may be subject to conditions (s 13(2)-(2A)). Approved schemes that vary trust terms prepared by Council must be submitted to the Minister, who may approve, modify or refuse them, and approvals are published in the Gazette (s 16(1)-(4)).
Liability, summary powers and regulation‑making: Council members are protected from civil liability for honest, non‑negligent acts under the Act and rules; where that protection applies, the liability attaches to the Association (s 19). The Association and its agents may summarily remove dangers, annoyances or hindrances caused by breaches of Association rules and recover expenses as a debt (s 20). The Governor in Council may make regulations under the Act (s 21).
Trust‑variation mechanism: Where property is held on trust and the purpose is effected, ceases or is impracticable, Council may prepare a scheme to reapply the property, submit it to the Minister for approval or modification, and upon approval the approved scheme governs application of the property and income, with Gazette notice and, for land, registration authority notification within 14 days (s 16). This is an administrative pathway to alter legacy trust terms subject to Ministerial oversight and publication.
Who it affects
Members of the Association: The Association consists of persons who are members under its rules (s 6). Members cannot receive distributions, dividends or profits from the Association (s 17), and they are barred from receiving surplus assets on winding up (s 17C(2)). Members’ rights to amend objects or rules are subject to the Association’s internal rules and to Ministerial approval before amendments take effect (s 7(2)-(4), s 8(2)-(4)).
Council and officers: The Council directs use of land (s 12), prepares schemes to vary trust terms (s 16), and decides on sales, mortgages and leases subject to statutory approvals (s 13). Council members are shielded from civil liability for acts done honestly and without negligence; where liability is prevented for an individual Council member it attaches to the Association (s 19). Council must ensure statutory reporting and auditing obligations are met because liability for non‑compliance attaches to the Association and penalties apply to certain breaches (s 17A, s 17B).
Auditors and accounting officers: Auditors must be registered company auditors (s 17A, s 17B). A person may not consent to be appointed, act as auditor, or prepare the report required by s 17A unless they are a registered company auditor and are not an employee of the Association, a member of the Council, or a partner, employer or employee of a Council member; otherwise the person breaches s 17B and faces a maximum penalty of 10 penalty units (s 17B).
Donors, trust beneficiaries and trustees: Gifts and trusts affecting property vested in the Association may be varied by an approved scheme prepared by Council and approved by the Minister, with Gazette notification and registration steps if land is involved (s 16). Donors’ expressed directions and any terms of trusts still constrain investments and trust variations; the Council must have regard to similarity of purpose when selecting an approved scheme (s 16(6)).
Creditors and mortgagees: The Association may mortgage land (s 13(1)), but for mortgages on land vested in the Association certain provisions of the Land Act 1962 apply by reference (s 13(3)). For prescribed land, creditors other than Queensland Treasury Corporation cannot take mortgages, charges or liens; any such instrument is void (s 17E(1)-(2)). If an insolvency event occurs, prescribed land is divested and vests in the State, affecting creditor security and recovery prospects (s 17F(2)-(3)).
State actors and regulators: The Minister must approve amended objects and rules and schemes varying trusts before they take effect and receives copies of reports (s 7(3)-(4), s 8(3)-(4), s 16(2)-(4), s 17A(2)). The chief executive receives certified copies of the audited report and initiates registrar actions for prescribed land notifications and insolvency transfers (s 17A(2)-(3), s 17F(4)-(5), s 17G). The Governor in Council must approve land sales (s 13(2)). The registrar of titles is required to record the vesting of Schedule land and endorsements on instruments of title (s 10(2)-(3)), and to make and cancel records that part 3A applies to prescribed land on the chief executive’s request (s 17G).
Queensland Treasury Corporation and the State: For prescribed land the Association may only grant mortgages or charges to Queensland Treasury Corporation; other mortgage or charge instruments are void (s 17E(1)-(2)). On specified insolvency events, prescribed land vests in the State, and the State is not required to pay compensation for that divestment (s 17F(2)-(3)).
Lessees, licensees and permitees: The Association, its lessees, licensees or permitees may summarily remove dangers, annoyances or hindrances caused by someone’s contravention of Association rules and recover costs as a debt (s 20). Their lawful use of vested land is protected against third‑party hindrance in that provision.
Interested public and registrars: The Act requires Gazette publication of approved schemes and amendments, and requires registrar records to reflect divestments and the operation of part 3A, making notices searchable in land searches (s 16(2B), s 17G(2)). The public will encounter endorsements on title instruments noting the estate is subject to the Act (s 10(3)).
Key duties and rights
Association’s duties
To hold and use land for the benefit of members and in accordance with Council directions, the objects and rules (s 12). The duty is qualified by Council discretion to decide on additional uses that are not detrimental to the public interest and not inconsistent with core uses (s 12(1)(b)).
To prepare an annual report containing income and expenditure, assets and liabilities, and details of mortgages, charges and securities; to have it audited by a registered company auditor; to present it to the next annual general meeting for adoption; and to give a certified copy to the chief executive within one month of adoption unless a longer period is allowed (s 17A(1)-(3)). This statutory reporting burden carries an express maximum penalty of 10 penalty units for the specified obligations in s 17A.
To send a copy, under seal, of amended objects or amended rules to the chief executive within 14 days after amendment, and to ensure amendments do not take effect until approved by the Minister (s 7(3)-(4), s 8(3)-(4)).
To submit schemes for varying trusts to the Minister for approval, and to notify the registration authority within 14 days where land is affected, if an approved scheme is published in the Gazette (s 16(2)-(5)).
To invest its funds subject to rules, any terms of trust and donor directions, but otherwise with broad discretion to invest in any investment authorised by Council resolution, whether or not an authorised trustee investment (s 15).
Association’s rights
To sell, mortgage, encumber, lease or agree to lease land vested in it, subject to object/rule constraints, part 3A and the statutory approval for sales by the Governor in Council. The Association’s right to enter into conditional agreements pending approval is preserved (s 13(1), (2C)).
To accept and hold investments transferred to it even if not of the nature authorised by Council under s 15(2).
To cooperate with other bodies with similar objects and to become a member or affiliate of such bodies (s 18).
Council’s duties and powers
To direct the use of land vested in the Association (s 12) and to exercise discretion to sell or encumber land, subject to statutory approvals (s 13).
To prepare and submit trust‑variation schemes to the Minister when trust purposes have been effected, ceased, become impracticable or otherwise (s 16(1)-(3)).
To prefer, when selecting a purpose for an approved scheme, a purpose as nearly similar as possible to the original purpose consistent with useful achievement (s 16(6)), though a different selection will not invalidate an approved scheme (s 16(6A)).
Member rights and limitations
Members retain whatever membership rights the Association’s rules grant them, but they cannot receive dividends or profit distributions from the Association’s income or property (s 17). Members cannot receive surplus assets on winding up; surplus assets must go only to an entity with similar purposes and non‑profit character (s 17C).
Auditor duties and prohibitions
Auditors must be registered company auditors and independent from the Association’s management and Council in specified ways; persons who are employees of the Association, Council members, or partners, employers or employees of Council members may not act as or consent to be appointed auditors or prepare the financial report (s 17B). A breach attracts a maximum penalty of 10 penalty units.
Ministerial and Governor in Council rights
The Minister must approve amendments to objects and rules before they have effect (s 7(4), s 8(4)). The Minister may approve, modify or refuse trust‑variation schemes and amendments (s 16(2A), (4A)).
The Governor in Council must approve sales of land vested in the Association; approvals may be conditional (s 13(2), (2A)).
Registrar duties
To record, at the Association’s request, the divesting of Schedule land from the Trust and its vesting in the Association on instruments of title and to endorse future instruments of title to show the estate is subject to the Act (s 10(2)-(3)).
To record that part 3A applies to prescribed land and to cancel that record on the chief executive’s request (s 17G(1)-(4)).
To record vesting of prescribed land in the State on receipt of the chief executive’s certificate and request, unless a court declares the insolvency event has not occurred (s 17F(4)-(6)).
Other statutory powers and rights
The Association may summarily remove dangers, annoyances or hindrances caused by rule breaches and recover removal expenses as a debt in court (s 20).
Council members acting honestly and without negligence are insulated from civil liability under the Act and Association rules; the Association takes the liability instead if the individual’s liability is prevented by s 19(1)-(2).
Penalties and enforcement
Express monetary penalties: Sections 17A and 17B carry maximum penalties of 10 penalty units. Section 17A attaches that penalty to the duty to prepare, audit and present the annual report and to give a certified copy to the chief executive within the statutory timeframe (s 17A(1)-(3)). Section 17B places the same maximum penalty on improper appointment or conduct of auditors or preparing the report where the auditor is not a registered company auditor or is disqualified by connection to the Association’s Council or employment (s 17B(1)-(3)).
Void instruments and statutory invalidation: The Act enforces non‑compliance through invalidation of certain transactions. A sale of land vested in the Association without the Governor in Council’s prior approval is void (s 13(4)). A mortgage, charge or lien granted over prescribed land after it becomes prescribed land, other than to Queensland Treasury Corporation, is void (s 17E(2)). These statutory voiding mechanisms operate as enforcement tools preventing disposal or encumbrance in breach of the Act.
Land registry enforcement: The registrar is required to record the divesting and vesting of Schedule land in the Association and to endorse future titles with a reference to the estate being subject to the Act (s 10(2)-(3)). For prescribed land, the chief executive asks the registrar to record that part 3A applies and the registrar must make a searchable record in the freehold land register (s 17G(1)-(3)). These registry notices make encumbrance and insolvency rules administrable and publicly discoverable.
Insolvency conversion and State vesting: On the occurrence of an "insolvency event" as defined, all prescribed land is divested from the Association and vests in the State for an estate in fee simple, subject to existing encumbrances; no compensation is payable by the State (s 17F(1)-(3)). The chief executive may certify to the registrar that an insolvency event has occurred and request the registrar to record the vesting (s 17F(4)-(5)); the registrar must record the vesting subject to any court declaration to the contrary (s 17F(6)). This provides an administrative enforcement mechanism that converts ownership from the Association to the State without a separate judicial order, except that a court may declare the insolvency event has not happened.
Recovery of expenses and civil remedies: Section 20 allows the Association, its lessees, licensees, permitees or their agents to summarily remove dangers, annoyances or hindrances caused by breaches of Association rules and to recover expenses incurred as a debt in a court of competent jurisdiction (s 20(1)-(2)). The provision preserves other legal liabilities, specifically stating that it does not limit a wrongdoer’s liability at law (s 20(3)). Thus the Association can use a self-help remedy combined with civil enforcement.
Council member liability channelled to the Association: Section 19 removes civil liability from a Council member for an act done honestly and without negligence under the Act or rules; where that removal applies the liability attaches instead to the Association (s 19(1)-(2)). This statutory protection reallocates risk from individual officeholders to the corporate entity.
Administrative discretion and Gazette publication: Ministerial decisions to approve, modify or refuse schemes for trusts and to approve amended objects and rules are discretionary (s 7(4), s 8(4), s 16(2A), (4A)). Approved schemes and amendments are published in the Gazette and take effect on publication, with public record establishing their validity (s 16(2B), (7)). That publication is both an enforcement mechanism and an information event that triggers other registration duties such as notifying registration authorities within 14 days for land (s 16(5)).
Regulation‑making power: The Governor in Council may make regulations under the Act (s 21). The regulations can implement procedural and substantive rules that affect enforcement and compliance across the Act’s subjects.
No criminal sanctions in the text beyond penalty units: The Act does not, in the text provided, create specific criminal offences with imprisonment or criminal classification. Enforcement is effected through monetary penalties, voiding of instruments, registry actions, and administrative vesting of prescribed land on insolvency events.
How it interacts with other laws
Corporations Act exclusions: Section 5A expressly declares the Association an "excluded matter" for section 5F of the Corporations Act in relation to certain Corporations Act provisions. The Act lists parts and chapters that do not apply to the Association: parts 2D.1 and 2D.6; chapters 2K and 2L; parts 5.7, 5.7B, 5.9 and 5B.2 (s 5A). This creates a statutory carve‑out so that the federal Corporations Act regimes specified do not apply, thereby preserving state statutory governance for certain corporate processes of the Association.
Interaction with Land legislation: Section 13(3) imports provisions of section 351 of the Land Act 1962 for mortgages of Association land, except subsection (1) of s 351 is not applied and subsection 351(3) of the Land Act 1962 does not apply to mortgagees where the unimproved value of the land was paid when the land was acquired by the Association (s 13(3)-(4)). The effect is to place the Association’s mortgages on a similar footing to trust grants under the Land Act subject to specified exceptions. For part 3A prescribed land, the Act interacts with the Land Title Act 1994 by referencing the definition of "writ of execution" in that Act’s schedule 2, and by requiring registrar entries in the freehold land register that affect searches and registrations (s 17E(4), s 17G).
Associations Incorporation Act 1981: Section 17C takes the Association into the winding‑up regime of the Associations Incorporation Act 1981 by treating it as an incorporated association for the purposes of winding up, but then overrides certain distribution rules to disallow distribution of surplus assets to members and to restrict distributions to entities with similar purposes and non‑profit character (s 17C(1)-(3)). It also expressly overrides section 92(1) of the Associations Incorporation Act 1981 to the extent of permitting no distribution to members (s 17C(3)). This creates a blend: the Association uses the state association winding regime but with stricter non‑distribution constraints.
Registered company auditor and Commonwealth regulation: The Act requires auditors to be "registered company auditors" as defined by the Corporations Act (s 4 definition of registered company auditor and s 17A-B referencing that requirement). This imports a federal registration gateway for auditors while preserving state control over other corporate rules.
Trust law and donor directions: Section 16 operates within trust law by allowing the Council to prepare schemes to vary trusts when purposes have been effected, ceased or become impracticable, but all schemes must be submitted to the Minister for approval and once approved are published in the Gazette (s 16). The scheme powers are declared to be in addition to other rights or powers exercisable in law (s 16(8)). Donor directions and terms of trust continue to constrain investments and trust variations as noted in s 15 and s 16(1).
Gazette and registration interfaces: Approvals of schemes and amendments are published in the Gazette and the Act treats Gazette publication as creating judicial notice (s 16(2B), (7)). For land components of schemes, the Association must notify the authority charged with registration of dealings in land within 14 days of Gazette publication (s 16(5)). This creates a link between administrative approvals and land registration regimes.
Interactions with State finance and Treasury: Part 3A creates specific interaction with Queensland Treasury Corporation by permitting mortgages or charges over prescribed land only to that entity (s 17E(1)). On insolvency events prescribed land vests in the State (s 17F). These provisions put Association property into the orbit of State financial management and insolvency response.
Regulations under this Act: The Governor in Council may make regulations under the Act (s 21). Regulations can therefore flesh out procedural and substantive interactions with other legislation, though the text provided does not list any specific regulations.
No general criminal law disapplication: The Act does not purport to remove ordinary criminal law, planning, environmental, or local government requirements that would apply to land use, notwithstanding the statutory uses permitted in s 12. Use of land must still comply with laws not displaced by this Act, as the Act itself does not state comprehensive displacement of other legal regimes.
Amendment history
The text contains internal amendment annotations that identify the principal legislative changes and insertion dates. Those annotations in the Act should be read as the statutory amendment record in the supplied text.
1994 amendments: Multiple provisions were amended or inserted in 1994. Section 5 and other sections record amendments noted "amd 1994 No. 48 s 55" or similar references indicating 1994 revision activity affecting the Act’s structure and wording (for example s 5 amd 1994 No. 48 s 55; s 10 amd 1994 No. 48 s 55; s 13 amd 1994 No. 48 s 57; s 17A, s 17B and s 17C were inserted as indicated by "ins 1994 No. 48 s 58"). The text shows provisions being brought into their current shape in 1994, including financial reporting, auditing and winding up clauses (s 17A-17C).
2001 amendment: Section 5A, the exclusion of the Association from certain Corporations Act provisions, was inserted by "2001 No. 45 s 29 sch 3" as indicated in the text (s 5A ins 2001 No. 45 s 29 sch 3). This amendment created a statutory carve‑out from parts and chapters of the Corporations Act.
2003 amendment: The short title s 1 shows an amendment citation "amd 2003 No. 11 s 21 sch", indicating a change in 2003 affecting the short title reference.
2010 amendments: Part 3A and associated definitions and provisions dealing with "prescribed land" and restrictions on mortgages, insolvency events and registrar notices were inserted in 2010 as indicated by citations such as "ins 2010 No. 35 s 44" for definitions and "ins 2010 No. 35 s 46" for sections 17D-17G. Section 13 also records amendments with citations "2010 No. 21 s 25 ; 2010 No. 35 s 45", indicating amendments to dealing with Association land and integration with Land Act provisions.
2011 amendment: Section 17C records an amendment "amd 2011 No. 8 s 92" reflecting a modification to the winding up provisions in 2011.
2020 amendment: Section 17F shows an amendment marker "amd 2020 No. 17 s 68 sch 1", indicating updates to the insolvency events or associated mechanics in 2020.
Other annotation notes: Sections 7 and 8 record "sub 1994 No. 48 s 56" indicating substitutional language in 1994. Section 21 records "sub 1994 No. 48 s 60 ; 2003 No. 11 s 21 sch" for the regulation power. Several sections have notes "om" or "exp" indicating provisions omitted or expired in earlier amendments; those annotations identify repeals or expiry where provided (for example s 2 and s 3 are marked "om 1994 No. 48").
The Act as provided therefore has a layered amendment history: a major consolidation in 1994 introduced the reporting, audit and winding up regime; a 2001 amendment excluded parts of the Corporations Act; 2010 introduced the prescribed land regime and updated land dealing rules; 2011 and 2020 made further specific amendments to winding up and insolvency mechanics. The Act text itself contains the citation references for each insertion or amendment; practitioners should consult the consolidated statute and amendment instruments for precise provision dates and the text as currently in force.
Litigation history
The supplied text of this Act contains no case law citations, no reported judicial decisions, and no litigation history. The Act cross‑references other statutes and prescribes administrative mechanisms that could generate litigation in the future, for example by:
disputes about whether an insolvency event under s 17F has happened, noting s 17F(6) contemplates a court declaration that the insolvency event has not happened;
challenges to Ministerial or Governor in Council approvals or refusals under ss 7, 8, 13 and 16, which are discretionary and could be subject to judicial review in appropriate circumstances;
disputes about the validity or effect of an approved scheme varying trust terms under s 16, including whether the selection of a substituted purpose satisfies s 16(6); and
litigation arising from attempts to register prohibited instruments over prescribed land, for instance where a mortgagee claims a registered interest despite s 17E(2) declaring such instruments void.
However, the Act text supplied does not list any judicial decisions, appeals, or administrative determinations. No reported cases or litigation controversies are named in the provided material. For authoritative litigation history and precedents involving the Act, consult legal databases, court records and annotated statute services to locate decisions on these specific provisions. The Act’s built‑in mechanisms, such as registry entries and Gazette publication, create administrative records that will feature in any litigation over title, approvals or insolvency events.
Gotchas
Ministerial approval delays and validity of internal changes: Amendments to objects or rules require filing an amended, sealed copy with the chief executive within 14 days and do not take effect until approved by the Minister (s 7(3)-(4), s 8(3)-(4)). A resolution passed by the Association that purports to amend objects or rules is ineffective until the Minister approves it. Practitioners should note the practical risk: internal compliance with member votes and procedural notice requirements is necessary but not sufficient to effect a change. Failure to secure Ministerial approval leaves the Association operating on an unsubstituted legal basis for objects or rules.
Governor in Council approval requirement for land sales is a hard stop: The Association may not sell land vested in it without Governor in Council prior approval and any sale otherwise is void (s 13(2), (4)). An agreement conditional on obtaining approval is permitted (s 13(2C)), but contracts that purport to convey title without prior approval will be void. This creates timing and contract drafting considerations for purchasers, financiers and the Association.
Prescribed land defined by regulation, not automatically: Part 3A operates only where the Governor in Council prescribes land by regulation under s 17D. The special mortgage and insolvency consequences apply once land is prescribed and the chief executive asks the registrar to record that part 3A applies (s 17D, s 17G(1)-(2)). Due diligence must therefore check whether particular parcels are subject to part 3A registry entries. The registrar’s searchable record will reflect this once the chief executive requests it (s 17G(2)).
Mortgages over prescribed land limited to QTC and other instruments void: For prescribed land mortgages and charges are limited to Queensland Treasury Corporation and other instruments are void (s 17E(1)-(2)). Lenders who take a security interest over land later prescribed as prescribed land or who accept a mortgage after the land has become prescribed may find their instruments void. The Act also prohibits registration of writs of execution against prescribed land (s 17E(3)), affecting creditors’ enforcement strategies.
Automatic vesting on insolvency events, no compensation: If an insolvency event happens as defined in s 17F, all prescribed land is divested from the Association and vests in the State, subject to encumbrances. The Act expressly states no compensation is payable by the State for the operation of the automatic vesting (s 17F(2)-(3)). Creditors, members and other stakeholders must understand that for prescribed land the insolvency regime substitutes a statutory vesting that bypasses compensation obligations and may limit recovery options.
Auditor independence rules are strict: Section 17B prohibits appointment of an auditor who is not a registered company auditor and prohibits auditors who are employees of the Association, members of the Council, or partners, employers or employees of a Council member. The prohibition extends to the person preparing the report required under s 17A. Breach attracts a maximum penalty of 10 penalty units (s 17B). Associations and audit committees must ensure auditor independence both in fact and in form.
Reporting timeframes impose short turnaround: The audited report must be presented to the next annual general meeting for adoption and a certified copy must be given to the chief executive within one month after adoption, unless the chief executive allows a longer period (s 17A(1)-(3)). Practically this requires timely completion of audits, scheduling of the annual general meeting and coordination with the chief executive’s office.
Investments may be broader than trustee standards: Section 15 permits the Association to invest in any investment authorised by Council resolution whether or not an authorised trustee investment. This broad authority gives Council flexibility but also raises governance and fiduciary questions where trust terms or donor directions constrain investments. Council must manage reputational and legal risk when exercising broad investment discretion.
Winding up restrictions: On winding up the Association cannot distribute surplus assets to members (s 17C(2)-(3)). Practitioners advising on proposed amalgamations, transfers or disbursements must structure arrangements so surplus assets are conveyed only to entities with similar purposes and non‑profit character.
Endorsements on title and freehold registry obligations: The Registrar of Titles must record divestment and endorse instruments of title to reference that the Association’s estate is subject to the Act (s 10(2)-(3)). For prescribed land, registry entries are required to reflect the part 3A application (s 17G). Buyers, lenders and lawyers must check registry markings and not rely solely on local knowledge.
Self-help removal power with recovery as debt: Section 20 allows the Association or its lessees, licensees or their agents to summarily remove dangers, annoyances or hindrances caused by contraventions of Association rules and recover expenses as a debt. This is a potentially useful remedial power, but it does not displace other legal liabilities of the person causing the nuisance (s 20(2)-(3)) and should be exercised with care.
Exclusions from the Corporations Act may complicate corporate compliance: The Association’s exclusion from specified parts and chapters of the Corporations Act (s 5A) means that federal corporate governance and external reporting regimes may not apply in the same way as for companies. Advisers should check which federal provisions remain applicable and which are excluded to avoid compliance gaps.
Regulatory discretion and potential delays: Ministerial and Governor in Council approvals are discretionary and may be subject to administrative processes and political considerations. The Act provides for approvals but does not prescribe timelines or grounds, creating potential timing uncertainty for transactions dependent on those approvals (s 7(4), s 8(4), s 13(2), s 16(2A)).
How to comply
Governance and objects/rules changes
Follow internal rule processes: Amend objects or rules only in accordance with the Association’s own rules and give notice of meetings in line with those rules (s 7(2), s 8(2)).
File promptly with the chief executive: Within 14 days after objects or rules are amended, lodge a copy under the Association’s seal with the chief executive (s 7(3), s 8(3)).
Await Ministerial approval: Do not treat an amendment to objects or rules as effective until the Minister has approved it. Plan for time in governance schedules for Ministerial consideration (s 7(4), s 8(4)).
Annual reporting and audit
Prepare the statutory report: For each financial year prepare a report containing income and expenditure, details sufficient to identify assets and liabilities at year end, and details of all mortgages, charges and securities affecting the Association’s property at year end (s 17A(1)(a)-(c)).
Appoint an eligible auditor: Ensure the auditor is a registered company auditor and is not an employee of the Association, not a member of the Council, and not a partner, employer or employee of a Council member (s 17B). Document independence and engagements to demonstrate compliance.
Schedule audit and annual general meeting: Coordinate audit timelines so the audited report is ready for presentation to the next annual general meeting for adoption. Ensure the annual general meeting is convened in time to allow the one‑month statutory transmission window to the chief executive (s 17A(1), (3)).
Lodge certified copy with chief executive: After adoption, provide the chief executive with a copy of the audited report certified as correct by the auditor within one month or within a longer period if the chief executive allows (s 17A(2)-(3)). Retain evidence of delivery.
Land dealings and mortgages
Seek Governor in Council approval for sales: Before concluding any sale of land vested in the Association, obtain prior Governor in Council approval. Where a sale is conditional on that approval, document the conditionality clearly in contract terms and manage deposit and finance timing (s 13(2), (2C), (4)).
Apply Land Act provisions for mortgages: Where the Association intends to mortgage land, follow the process mapped out in s 13(3) which applies provisions of the Land Act 1962 (except s 351(1)), noting the exception in s 13(4) for mortgagees where unimproved value was paid. Seek legal advice to ensure compliance with the Land Act provisions as applied.
Check prescribed land status: Verify through the freehold land register whether land is prescribed land under part 3A and whether a registry note exists that part 3A applies to the land (s 17G(1)-(2)). If land is prescribed, mortgages or charges may only be granted to Queensland Treasury Corporation (s 17E(1)-(2)), and writs of execution cannot be registered (s 17E(3)). Lenders should ensure their security is permissible and registrable.
Prescribed land and insolvency planning
Monitor regulator/registry entries: The chief executive can request the registrar to record prescribed land; ensure counsel and client are aware of the register status and any requests made under s 17G.
Understand insolvency triggers: Prepare contingency plans for the possibility that an insolvency event divests prescribed land to the State without compensation (s 17F(1)-(3)). Manage lender covenant drafting and security structures accordingly.
Document encumbrances and existing securities: Because divestment occurs subject to existing mortgages, charges and other encumbrances at the time of the insolvency event (s 17F(2)), maintain up‑to‑date records of encumbrances.
Trusts, investments and schemes
Respect trust terms and donor restrictions: When investing funds under s 15, comply with the terms of any trust, donor directions and the Association’s rules, even though Council has broad investment powers (s 15(1)). Keep records showing donor restrictions and compliance.
Use the scheme route for trust variation: If property held on trust requires reapplication because purposes have been effected, ceased or become impracticable, prepare a scheme and submit it to the Minister for approval. Upon approval, publish Gazette notice and, if land is involved, notify the land registration authority within 14 days of Gazette publication (s 16(1)-(5)). Keep documentary proof of Ministerial submission and Gazette publication.
Auditor appointment and independence
Document auditor selection: Record the auditor’s registration status as a registered company auditor and confirm in writing that the auditor is not an employee, Council member or strategically connected person within the prohibited categories (s 17B).
Avoid conflicts: If a proposed auditor is a partner, employer or employee of a Council member, do not appoint them. Where multiple audit firms are considered, maintain procurement records demonstrating an independent selection process.
Liability management and risk allocation
Use s 19 protection appropriately: Counsel and officers should understand that Council members acting honestly and without negligence are protected from civil liability under s 19(1), but that liability can attach to the Association if the individual would otherwise be liable (s 19(2)). Maintain meeting minutes and approvals revealing the honest, non‑negligent decision processes.
Exercise summary removal powers within legal bounds: If the Association needs to summarily remove dangers or nuisances under s 20, ensure the action is proportionate, documented and the costs incurred are properly charged to the responsible person and brought as a debt action if necessary (s 20(1)-(3)). Also ensure compliance with external laws governing property and trespass when taking summary action.
Winding up and distributions
Plan for non‑distribution: On dissolution or winding up, ensure that surplus assets will not be distributed to members and that appropriate transferees with similar purposes and non‑profit status are identified in advance of any winding up resolution (s 17C(2)). Structure transfers and dissolution resolutions to comply with the statutory constraints and avoid invalid distributions.
Registry and notification obligations
Request registrar actions as required: For divesting of Schedule land from the Trust to the Association, request the Registrar of Titles to record the vesting and ensure instrument endorsements note the estate is subject to the Act (s 10(2)-(3)). For part 3A prescriptions, the chief executive must ask the registrar to record that part 3A applies and to cancel records if land stops being prescribed (s 17G(1)-(4)). Coordinate with the chief executive where the Association is required to give notices.
Regulatory compliance and officers’ duties
Keep contemporaneous records: Maintain records of Council resolutions, notices of meetings, officer declarations and audit files to prove compliance with statutory timeframes and procedural requirements.
Engage early with Government agencies: For approvals that depend on the Minister or Governor in Council, engage early to clarify process, timing and documents required. File sealed copies of rule or object amendments promptly and secure Ministerial acknowledgment.
Review interactions with Corporations Act exclusions: Since the Association is excluded from specified Corporations Act provisions (s 5A), confirm which corporate governance and reporting standards remain applicable and ensure parallel compliance where needed.
By mapping these duties to the statutory provisions cited above and embedding the steps in corporate governance and transactional checklists, officers, auditors and advisers can operationalise compliance with the Act’s requirements.
Part pt.2Incorporation, composition and objects of association
(b) compounding or proving in any court of competent jurisdiction all debts or sums of money due to it;
(c) acquiring, holding, dealing with, and disposing of real and personal property, situated in Queensland or elsewhere;
(d) doing all such acts and things as are necessary or convenient to be done in connection with the carrying out of its objects or as authorised by its rules;
(e) doing or suffering all such acts and things as bodies corporate may by law do or suffer.
sec.5A Excluded matter for Corporations legislation
sec.5A Excluded matter for Corporations legislation
The Association is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the following provisions of the Corporations Act —
parts 2D .1 and 2D.6;
chapters 2K and 2L;
parts 5.7 , 5 .7B, 5.9 and 5B.2.
s 5A ins 2001 No. 45 s 29 sch 3
(a) parts 2D .1 and 2D.6;
(b) chapters 2K and 2L;
(c) parts 5.7 , 5 .7B, 5.9 and 5B.2.
sec.6 Membership
sec.6 Membership
The Association consists of persons who, at the material time, are members of the Association under its rules.
The members of the Association immediately before the commencement of this section continue as members of the Association.
s 6 sub 1994 No. 48 s 56
(sec.6-ssec.1) The Association consists of persons who, at the material time, are members of the Association under its rules.
(sec.6-ssec.2) The members of the Association immediately before the commencement of this section continue as members of the Association.
sec.7 Objects
sec.7 Objects
The Association’s objects are its objects in force immediately before the commencement of this section.
The objects may be amended by a resolution passed by a majority of 2 / 3 of its members present at a general meeting of which notice is given under the Association’s rules.
Within 14 days after the objects are amended, the Association must send a copy of its amended objects, under the seal of the Association, to the chief executive.
The resolution does not have effect until approved by the Minister.
s 7 sub 1994 No. 48 s 56
(sec.7-ssec.1) The Association’s objects are its objects in force immediately before the commencement of this section.
(sec.7-ssec.2) The objects may be amended by a resolution passed by a majority of 2 / 3 of its members present at a general meeting of which notice is given under the Association’s rules.
(sec.7-ssec.3) Within 14 days after the objects are amended, the Association must send a copy of its amended objects, under the seal of the Association, to the chief executive.
(sec.7-ssec.4) The resolution does not have effect until approved by the Minister.
sec.8 Rules
sec.8 Rules
The Association’s rules are its rules in force immediately before the commencement of this section.
The rules may be amended in the way mentioned in the rules.
Within 14 days after the rules are amended, the Association must send a copy of its amended rules, under the seal of the Association, to the chief executive.
The amended rules do not have effect until approved by the Minister.
s 8 amd 1989 No. 103 s 3 sch
sub 1994 No. 48 s 56
(sec.8-ssec.1) The Association’s rules are its rules in force immediately before the commencement of this section.
(sec.8-ssec.2) The rules may be amended in the way mentioned in the rules.
(sec.8-ssec.3) Within 14 days after the rules are amended, the Association must send a copy of its amended rules, under the seal of the Association, to the chief executive.
(sec.8-ssec.4) The amended rules do not have effect until approved by the Minister.
Section sec.9
s 9 om 1994 No. 48 s 56
pt.3 Property and finance
Property and finance
sec.10 Vesting of land in Association
sec.10 Vesting of land in Association
On and from the date of commencement of this Act the land described in the Schedule is divested from the Trust and shall vest for an estate in fee simple in the Association subject to this Act and subject to all mortgages, charges, encumbrances, liens, leases, easements, agreements, licences, and other transactions affecting the land at the date of commencement of this Act.
The Registrar of Titles shall, on the request of the Association, record on the instruments of title that relate to the land described in the Schedule the divesting of the land from the Trust and its vesting, subject as prescribed by subsection (1) , in the Association for an estate in fee simple.
There shall be endorsed on every instrument of title subsequently issued to the Association in respect of such land or any part thereof reference to the fact that the estate of the Association in the land is subject to the provisions of this Act.
(sec.10-ssec.1) On and from the date of commencement of this Act the land described in the Schedule is divested from the Trust and shall vest for an estate in fee simple in the Association subject to this Act and subject to all mortgages, charges, encumbrances, liens, leases, easements, agreements, licences, and other transactions affecting the land at the date of commencement of this Act.
(sec.10-ssec.2) The Registrar of Titles shall, on the request of the Association, record on the instruments of title that relate to the land described in the Schedule the divesting of the land from the Trust and its vesting, subject as prescribed by subsection (1) , in the Association for an estate in fee simple.
(sec.10-ssec.3) There shall be endorsed on every instrument of title subsequently issued to the Association in respect of such land or any part thereof reference to the fact that the estate of the Association in the land is subject to the provisions of this Act.
sec.11 Termination of trusts affecting Association’s land
sec.11 Termination of trusts affecting Association’s land
On and from the date of commencement of this Act the land described in the Schedule shall be held free and discharged from the trusts that theretofore affected the same.
sec.12 Use of land
sec.12 Use of land
The land from time to time vested in the Association shall be held by the Association on behalf of its members, and, at the direction of the Council, used by it in accordance with the objects and rules of the Association—
for carrying out the objects and purposes of the Association; and
for any business, religious, educational, charitable, recreational, sporting or other purpose that in the opinion of the Council is not detrimental to the public interest or the interests of the Association and that is not inconsistent with the use thereof permitted by paragraph (a) .
(a) for carrying out the objects and purposes of the Association; and
(b) for any business, religious, educational, charitable, recreational, sporting or other purpose that in the opinion of the Council is not detrimental to the public interest or the interests of the Association and that is not inconsistent with the use thereof permitted by paragraph (a) .
sec.13 Dealing with Association’s land
sec.13 Dealing with Association’s land
Subject to this section and part 3A and to the objects and rules of the Association, the Association may, in the discretion and at the direction of the Council, sell, mortgage, encumber, lease, or agree to lease land for the time being vested in the Association.
The Association may not sell land vested in the Association without the Governor in Council’s prior approval.
An approval under subsection (2) may be given on conditions.
A sale of land vested in the Association, other than in accordance with subsection (2) , is void.
However, subsection (2) does not prevent the Association from entering into an agreement or other transaction that is conditional on obtaining an approval under subsection (2) .
With respect to a mortgage of land vested in the Association the provisions of section 351 (other than of subsection (1) ) of the Land Act 1962 shall apply as if the land the subject of the mortgage were granted in trust under that Act.
However, section 351 (3) of the Land Act 1962 does not apply to a mortgagee of the Association’s land if, when the land was acquired by the Association (however described), the unimproved value of the land was paid.
In this section—
sell includes—
agree to sell; and
grant an option to purchase; and
enter into a transaction that has, as its object, the grant of a right (not immediately exercisable) to purchase or to be given an option to purchase; and
procure a person to enter into a purchase.
s 13 amd 1994 No. 48 s 57 ; 2010 No. 21 s 25 ; 2010 No. 35 s 45
(sec.13-ssec.1) Subject to this section and part 3A and to the objects and rules of the Association, the Association may, in the discretion and at the direction of the Council, sell, mortgage, encumber, lease, or agree to lease land for the time being vested in the Association.
(sec.13-ssec.2) The Association may not sell land vested in the Association without the Governor in Council’s prior approval.
(sec.13-ssec.2A) An approval under subsection (2) may be given on conditions.
(sec.13-ssec.2B) A sale of land vested in the Association, other than in accordance with subsection (2) , is void.
(sec.13-ssec.2C) However, subsection (2) does not prevent the Association from entering into an agreement or other transaction that is conditional on obtaining an approval under subsection (2) .
(sec.13-ssec.3) With respect to a mortgage of land vested in the Association the provisions of section 351 (other than of subsection (1) ) of the Land Act 1962 shall apply as if the land the subject of the mortgage were granted in trust under that Act.
(sec.13-ssec.4) However, section 351 (3) of the Land Act 1962 does not apply to a mortgagee of the Association’s land if, when the land was acquired by the Association (however described), the unimproved value of the land was paid.
(sec.13-ssec.5) In this section— sell includes— agree to sell; and grant an option to purchase; and enter into a transaction that has, as its object, the grant of a right (not immediately exercisable) to purchase or to be given an option to purchase; and procure a person to enter into a purchase.
(a) agree to sell; and
(b) grant an option to purchase; and
(c) enter into a transaction that has, as its object, the grant of a right (not immediately exercisable) to purchase or to be given an option to purchase; and
(d) procure a person to enter into a purchase.
sec.14 Vesting of property other than land
sec.14 Vesting of property other than land
On and from the date of commencement of this Act all property (other than the land described in the Schedule) that immediately before that date is vested in the Trust is freed and discharged from the trusts upon which the same is then held (such trusts being those prescribed by the repealed Act) and is divested from the Trust and shall vest in the Association absolutely subject to all debts, liabilities, obligations and trusts (other than trusts hereinbefore terminated) specifically charged on or affecting the same.
sec.15 Investment of Association’s funds
sec.15 Investment of Association’s funds
Subject to its rules, regulations and by-laws and to the terms of any trust affecting its funds and to any direction or restriction attached or imposed with respect thereto by a donor thereof, the Association may invest its funds or any part thereof in any investment authorised by resolution of the Council whether the investment be an authorised trustee investment or not.
The Association may accept and hold any investment that is transferred to the Association otherwise than by way of purchase notwithstanding that the investment is not of the nature authorised by subsection (1) .
(sec.15-ssec.1) Subject to its rules, regulations and by-laws and to the terms of any trust affecting its funds and to any direction or restriction attached or imposed with respect thereto by a donor thereof, the Association may invest its funds or any part thereof in any investment authorised by resolution of the Council whether the investment be an authorised trustee investment or not.
(sec.15-ssec.2) The Association may accept and hold any investment that is transferred to the Association otherwise than by way of purchase notwithstanding that the investment is not of the nature authorised by subsection (1) .
sec.16 Variations of terms of trusts and gifts
sec.16 Variations of terms of trusts and gifts
Where any property is held by the Association on terms requiring such property or the income therefrom to be applied for a purpose or purposes and—
such purpose or all or any of such purposes has or have been effected; or
such purpose or all or any of such purposes has or have ceased to exist; or
such purpose or all or any of such purposes has or have been adequately provided for by other means; or
such purpose is or all or any of such purposes are uncertain or cannot be identified or is or are not sufficiently defined; or
it becomes impossible or impracticable or inexpedient to carry out the purpose or all or any of such purposes; or
the property or
This is an opening excerpt, not the complete document.