CALLAN PARK TRUST BILL 2007

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This is a Bill, not an Act. For current law, see the Acts databases.

CALLAN PARK TRUST BILL 2007

New South Wales Callan Park Trust Bill 2008 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Definitions 2 Part 2 The Callan Park Trust 4 Constitution of Trust 4 5 Appointment and procedure of trustees 4 6 Objects of Trust 5 7 General functions of Trust 6 8 Committees of the Trust 6 9 Reports and recommendations to the Minister 7 10 Community consultation 7 b2007-093-81.d05

Callan Park Trust Bill 2008 Contents Page Part 3 Property of the Trust 11 Vesting of principal trust lands at Callan Park in the Trust 8 12 Prohibition against disposal or compulsory acquisition of principal trust lands 9 13 Acquisition of certain other property 9 14 Disposal of certain other property 9 15 Grant of leases, easements, licences etc 10 Part 4 Plan of management 16 Preparation of initial and subsequent plans of management 12 17 Consent of relevant local council required for plan of management 12 18 Carrying out of plan of management 12 19 Plans of management required for all Trust land 12 Part 5 Administration 20 Director 13 21 Delegation by Trust 13 22 Endowment 13 Part 6 Miscellaneous 23 Annual report 14 24 Requirement to state name and address 14 25 Requirement for owner of vehicle and others to give information 14 26 Liability of vehicle owner for parking offences 15 27 Penalty notices for certain offences 16 28 Proof of certain matters not required 17 29 Proceedings for offences 17 30 Offences by corporations 17 31 Compensation 18 32 Recovery 18 33 Regulations 18 34 Amendment of other Acts and regulations 19 Schedule 1 Land vested in the Trust 20 Schedule 2 Provisions relating to the trustees 21 Schedule 3 Provisions relating to the procedure of the Trust 25 Schedule 4 Amendment of Acts and regulations 27 Contents page 2

New South Wales Callan Park Trust Bill 2008 No , 2008 A Bill for An Act to constitute the Callan Park Trust and to confer on it functions relating to the care, control and management of Callan Park; and for other purposes.

Clause 1 Callan Park Trust Bill 2008 Part 1 Preliminary The Legislature of New South Wales enacts: 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Callan Park Trust Act 2008. 4 2 Commencement 5 This Act commences 3 months after the date of assent, unless 6 commenced sooner by proclamation. 7 3 Definitions 8 (1) In this Act: 9 additional trust lands means lands (other than the principal trust lands) 10 acquired by the Trust. 11 authorised officer means: 12 (a) a police officer, or 13 (b) a person who is appointed for the time being by the Director as 14 an authorised officer for the purposes of the provision in which 15 the expression is used, or 16 (c) a person (or person belonging to a class or description of persons) 17 prescribed by the regulations. 18 Director means the Director of Callan Park holding office as such under 19 Chapter 1A of the Public Sector Employment and Management Act 20 2002. 21 exercise a function includes perform a duty. 22 function includes a power, authority or duty. 23 member of staff means any person who is employed under Chapter 1A 24 of the Public Sector Employment and Management Act 2002 to enable 25 the Trust to exercise its functions. 26 plan of management means a plan of management prepared under 27 Part 4. 28 principal trust lands means the lands for the time being described in 29 Part 1 of Schedule 1. 30 relevant local council means the local council for the area in which the 31 Trust lands are situated. 32 Trust means the Callan Park Trust constituted by section 4. 33 Page 2

Callan Park Trust Bill 2008 Clause 3 Preliminary Part 1 Trust lands means the principal trust lands and the additional trust 1 lands. 2 trustee means a trustee referred to in section 5. 3 (2) Notes included in this Act do not form part of this Act. 4 Page 3

Clause 4 Callan Park Trust Bill 2008 Part 2 The Callan Park Trust Part 2 The Callan Park Trust 1 4 Constitution of Trust 2 (1) There is constituted by this Act a corporation with the corporate name 3 of the "Callan Park Trust". 4 (2) The Trust: 5 (a) has and may exercise the functions conferred or imposed on it by 6 or under this or any other Act, and 7 (b) is, for the purposes of any Act, a statutory body representing the 8 Crown, and 9 (c) is, in the exercise of its functions (except in relation to the 10 contents of a report or recommendation made by it to the 11 Minister), subject to the control and direction of the Minister. 12 5 Appointment and procedure of trustees 13 (1) The Trust is to consist of 10 trustees as follows: 14 (a) 3 trustees appointed by the Governor on the recommendation of 15 the Minister made in consultation with the Minister for Health, 16 (b) 3 trustees appointed by the Governor on the recommendation of 17 relevant local council and who are residents of the council's area, 18 (c) 1 trustee appointed by the Governor on the recommendation of 19 the National Trust of Australia (New South Wales), 20 (d) 1 trustee appointed by the Governor on the recommendation of 21 the Advisory Council of the Sydney College of the Arts, 22 (e) 1 trustee appointed by the Governor on the recommendation of a 23 majority of the lessees of land within the Trust lands, 24 (f) 1 trustee elected in the manner prescribed by the regulations by 25 persons employed for more than 20 hours per week on the Trust 26 lands. 27 (2) Each person appointed as a trustee must have expertise in at least one of 28 the following areas: 29 (a) park management, 30 (b) cultural heritage management, 31 (c) local community affairs, 32 (d) landscape history, 33 (e) finance, 34 (f) planning law, 35 Page 4

Callan Park Trust Bill 2008 Clause 6 The Callan Park Trust Part 2 (g) environment, 1 (h) mental health. 2 (3) If, but for this subsection, the Governor would be unable to appoint a 3 trustee because of the failure of the relevant recommending body or 4 persons to recommend a person in accordance with the relevant 5 paragraph of subsection (1) (b)(f): 6 (a) the Governor, on the recommendation of the Minister, may 7 appoint any duly qualified person to hold office as that trustee, 8 and 9 (b) the person appointed as trustee is taken to have been appointed in 10 accordance with the relevant paragraph. 11 (4) If: 12 (a) a body referred to in subsection (1) (c) or (d) changes its name, 13 and 14 (b) the Minister is satisfied that the change of name is not 15 accompanied by any change in the nature of the body, 16 the Minister may, by order published in the Gazette, certify to that effect 17 and, on and from the day on which the order is so published, a reference 18 in subsection (1) to that body is to be read as a reference to that body 19 under its changed name. 20 (5) Schedule 2 has effect in respect to the trustees. 21 (6) Schedule 3 has effect in respect to the procedure of the Trust. 22 6 Objects of Trust 23 The objects of the Trust are as follows: 24 (a) to maintain and improve the Trust lands, 25 (b) to encourage the use and enjoyment of the Trust lands by the 26 public by promoting and enhancing the rehabilitative, historical, 27 scientific, educational, cultural and environmental value of the 28 land, 29 (c) to maintain the right of the public to use the Trust lands, 30 (d) to define and respect the usage rights of lessees of Trust lands, 31 (e) to ensure the protection of the built and natural environment 32 within the Trust lands, 33 (f) to protect and guarantee public access to the existing open space 34 on Trust lands. 35 Page 5

Clause 7 Callan Park Trust Bill 2008 Part 2 The Callan Park Trust 7 General functions of Trust 1 (1) The Trust may: 2 (a) control and manage the Trust lands, and 3 (b) permit uses, and impose appropriate conditions, on any activities 4 that are not inconsistent with the objects of the Trust, and 5 (c) permit the use of the whole or any part of the Trust lands for any 6 purpose that is consistent with the objects of the Trust and for 7 activities of a passive and contemplative, rehabilitative, 8 recreational, historical, scientific, educational or cultural nature, 9 and 10 (d) in or in connection with the Trust lands provide, or permit the 11 provision of, food or other refreshments and apply for, hold or 12 dispose of any licence, permit or other authority in connection 13 with the provision of food or other refreshments, and 14 (e) to ensure the protection of the built and natural environment 15 within Trust lands, and 16 (f) promote and provide exhibits, lectures, films, publications and 17 other types of educational instruction relating to the Trust lands 18 (including the architecture, landscaping, flora, fauna and history 19 of the Trust lands), the history of mental health treatment and any 20 other subject not inconsistent with the objects of the Trust, and 21 (g) subject to the regulations, charge and receive fees or other 22 amounts for or in connection with, any service provided article 23 sold or permission given by the Trust in its exercise of its 24 functions, and 25 (h) enter into any contract or arrangement with any person for the 26 purpose of promoting the objects of the Trust. 27 (2) The Trust has, and may exercise, such functions, in addition to those 28 specified in this section, as are reasonably necessary for the attainment 29 of its objects. 30 (3) However, the trust cannot employ any staff. 31 Note. Staff may be employed under Chapter 1A of the Public Sector 32 Employment and Management Act 2002 in the Government Service to enable 33 the Trust to exercise its functions. 34 8 Committees of the Trust 35 (1) The Trust may establish such committees as it thinks fit for the purpose 36 of assisting it to exercise its functions. 37 (2) A person may be appointed to a committee whether or not the person is 38 a trustee. 39 Page 6

Callan Park Trust Bill 2008 Clause 9 The Callan Park Trust Part 2 (3) The Trust may establish, control and manage branches or departments 1 with respect to the Trust lands, or any part of the Trust lands. 2 Note. Section 11 also requires the Trust to establish a Community Consultative 3 Committee. 4 9 Reports and recommendations to the Minister 5 The Trust may, and when requested by the Minister must, make reports 6 and recommendations to the Minister with respect to any matter relating 7 to the objects of the Trust and in particular with respect to the future 8 management of the Trust lands. 9 10 Community consultation 10 (1) It is the duty of the Trust to establish an effective procedure for 11 community consultation concerning the activities and policies pursued 12 by the Trust from time to time. 13 (2) The procedure for community consultation is to include the 14 establishment of a Community Consultative Committee whose 15 members are to be appointed by the Trust on the recommendation of the 16 Director. 17 (3) The membership and procedure of the Committee is (subject to this 18 section) to be provided by the regulations. 19 (4) The regulations may make provision for or with respect to the number 20 of members, their appointment, term of office and removal and the 21 filling of vacancies. 22 (5) The Committee is to meet at least once in each quarter starting on 23 1 January, 1 April, 1 July and 1 October. 24 Page 7

Clause 11 Callan Park Trust Bill 2008 Part 3 Property of the Trust Part 3 Property of the Trust 1 11 Vesting of principal trust lands at Callan Park in the Trust 2 (1) The land described in Part 1 of Schedule 1 vests in the Trust for an estate 3 in fee simple subject to any trusts, estates, interests, dedications, 4 restrictions, easements, contracts, charges and rates (other than those 5 referred to in Part 2 of that Schedule) existing in respect of the land 6 immediately before the land is vested in the Trust. 7 (2) The land described in Part 1 of Schedule 1 is freed and discharged from 8 any trusts, estates, interests, dedications, restrictions, easements, 9 contracts, charges and rates referred to in Part 2 of Schedule 1. 10 (3) The Governor may by proclamation amend Part 1 of Schedule 1 for the 11 purpose of adding to the land for the time being described in Part 1 of 12 that Schedule: 13 (a) Crown land (within the meaning of the Crown Lands Act 1989) 14 or other land of the Crown, or 15 (b) land of a public or local authority constituted by an Act of 16 Parliament, or 17 (c) additional trust lands. 18 (4) The Governor may from time to time, by proclamation published in the 19 Gazette, amend Part 2 of Schedule 1 for the purpose of adding any 20 trusts, estates, interests, dedications, restrictions, easements, contracts, 21 charges and rates to those for the time being described in Part 2 of that 22 Schedule. 23 (5) A proclamation under this section may contain provisions of a savings 24 or transitional nature consequent on the making of the proclamation 25 (including provisions conferring on the Trust rights and liabilities in 26 respect of trusts, estates, interests, dedications, restrictions, easements, 27 contracts, charges and rates added to Part 2 of Schedule 1). 28 (6) The vesting of land effected by this section does not operate to vest in 29 the Trust any pipeline, cable or related apparatus owned by a person 30 other than the Minister and used for the conveyance of gas, electricity, 31 water, drainage, sewage or any other thing and lawfully situated on the 32 land immediately before the commencement of this section. 33 (7) If an interest in land of a person (other than a public or local authority) 34 is divested by its addition to Part 2 of Schedule 1: 35 (a) compensation is payable for the divesting of that interest, and 36 (b) Part 3 of the Land Acquisition (Just Terms Compensation) Act 37 1991 applies as if a proclamation adding an interest in land to 38 Page 8

Callan Park Trust Bill 2008 Clause 12 Property of the Trust Part 3 Part 2 of Schedule 1 published under subsection (4) were an 1 acquisition notice published by the Trust under that Act. 2 (8) In subsection (7): 3 interest in land has the same meaning as in the Land Acquisition (Just 4 Terms Compensation) Act 1991. 5 12 Prohibition against disposal or compulsory acquisition of principal trust 6 lands 7 (1) The Trust must not sell, mortgage or otherwise dispose of any of the 8 principal trust lands. 9 (2) Despite any other Act, the principal trust lands may not be compulsorily 10 acquired except by an Act of Parliament. 11 (3) This section does not affect the operation of section 15 (Grant of leases, 12 easements, licences etc). 13 13 Acquisition of certain other property 14 (1) The Trust may agree to any condition that is not inconsistent with its 15 objects being imposed on its acquisition of any property. 16 (2) The rule of law against remoteness of vesting does not apply to any such 17 condition to which the Trust has agreed. 18 (3) If the Trust acquires any property by gift, devise or bequest, the Trust 19 may retain the property in the form in which it was acquired, subject to 20 any such condition to which the Trust has agreed. 21 (4) Duty under the Duties Act 1997 is not chargeable for or in respect of any 22 gift, devise or bequest made or to be made to the Trust. 23 14 Disposal of certain other property 24 (1) In this section: 25 condition means a condition to which the Trust has agreed under 26 section 13. 27 (2) The Trust must not sell, mortgage or otherwise dispose of any property 28 acquired by gift, devise or bequest, or any property being additional 29 trust lands, except: 30 (a) if the property was acquired without any condition--with the 31 approval of the Minister, or 32 (b) if the property was acquired subject to a condition--in 33 accordance with the condition or subsection (3). 34 Page 9

Clause 15 Callan Park Trust Bill 2008 Part 3 Property of the Trust (3) If the Trust determines that any property that has been acquired by the 1 Trust subject to a condition is not required for the purposes of the Trust, 2 the Trust may (despite that condition), with the approval of the Minister: 3 (a) sell the property, or 4 (b) exchange the property for other property, or 5 (c) give the property to any recreational, scientific or educational 6 institution, or 7 (d) if the Trust is of the opinion that the property is of no commercial 8 value--dispose of the property without valuable consideration. 9 15 Grant of leases, easements, licences etc 10 (1) The Trust may, with the approval of the Minister, grant: 11 (a) leases of parts of the Trust lands, or 12 (b) easements through, on or in the Trust lands, or 13 (c) licences for the use of parts of the Trust lands. 14 (2) The term of any such lease or licence, including the term of any further 15 lease or licence that may be granted under an option for renewal of the 16 lease or licence, must not exceed 10 years. 17 (3) However, subsection (2) does not prevent leases or licences being 18 granted for terms of, or successive terms totalling, more than 10 years if: 19 (a) a notice stating the name of the proposed lessee or licensee, the 20 main purpose of the proposed lease or licence and details of the 21 proposed term and any proposed optional terms, has been tabled 22 in each house of Parliament, and 23 (b) resolutions have been passed by each House confirming the 24 proposal for the term or terms, or no resolution has been passed 25 by either House disallowing the proposal for the term or terms 26 within 15 sitting days after the notice was tabled in that House. 27 (4) Despite subsection (2) the following leases are to be granted, as from 28 the commencement of this Act, under this section: 29 (a) a lease for a term of not less than 99 years, and at a nominal rent, 30 to facilitate the continued presence and operation on the Trust 31 lands of Rozelle Hospital and related facilities for the treatment 32 of mental illness, 33 (b) a lease to facilitate the continued presence and operation on the 34 trust lands of the Sydney College of Arts, being a lease on the 35 same terms under which the Sydney College of the Arts occupied 36 Trust lands immediately before the commencement of this 37 section. 38 Page 10

Callan Park Trust Bill 2008 Clause 15 Property of the Trust Part 3 (5) The Trust may, with the approval of the Minister, impose restrictions on 1 the use of, or impose positive covenants on, Trust lands or other lands 2 in accordance with section 88D or 88E of the Conveyancing Act 1919. 3 (6) In this section, easement includes an easement without a dominant 4 tenement referred to in section 88A of the Conveyancing Act 1919. 5 Page 11

Clause 16 Callan Park Trust Bill 2008 Part 4 Plan of management Part 4 Plan of management 1 16 Preparation of initial and subsequent plans of management 2 (1) Within 2 years f the commencement of this Act the Trust must prepare 3 and submit to the Minister for consideration an initial plan of 4 management for the Trust lands. 5 (2) The plan of management must contain a detailed written scheme of the 6 operations proposed to be undertaken in or in relation to the Trust lands. 7 (3) If so directed by the Minister after adoption of a plan of management in 8 accordance with this Part, the Trust is, within a time specified by the 9 Minister, to prepare and submit to the Minister for consideration 10 proposals for: 11 (a) the amendment of the existing plan of management, or 12 (b) a new plan of management to be substituted for the existing plan 13 of management. 14 (4) The Minister may: 15 (a) adopt, without alteration, proposals submitted under this section 16 or alter the proposals and adopt them as altered, or 17 (b) return the proposals to the Trust for further consideration. 18 17 Consent of relevant local council required for plan of management 19 The Minister is not to adopt a plan of management unless the relevant 20 local council has given its consent to the plan of management. 21 18 Carrying out of plan of management 22 (1) A plan of management adopted by the Minister is to be carried out and 23 given effect to by the Trust. 24 (2) Nothing in this Part affects the operation of the Local Government Act 25 1993 or the Environmental Planning and Assessment Act 1979. 26 19 Plans of management required for all Trust land 27 The Minister is to take such action as may be necessary under this Part 28 to ensure that all the land comprising Trust lands from time to time are 29 the subject of a plan or plans of management. 30 Page 12

Callan Park Trust Bill 2008 Clause 20 Administration Part 5 Part 5 Administration 1 20 Director 2 (1) The Director is responsible for the administration and management of 3 the Trust lands and any services provided in conjunction with the Trust 4 lands. 5 (2) The Director is, in the exercise of the Director's functions under this 6 Act, subject to the control and direction of the Trust. 7 21 Delegation by Trust 8 The Trust may delegate to the Director, a trustee or a member of staff 9 the exercise of any of the Trust's functions under this Act or the 10 regulations, other than this power of delegation. 11 22 Endowment 12 (1) There is to be paid by the Treasurer to the Trust an annual endowment 13 of such amount as Parliament approves, for the purpose of providing a 14 statutory fund to be applied by the Trust towards: 15 (a) the remuneration, if any, to be paid to trustees, and 16 (b) other expenditure incurred by the Trust, and 17 (c) general operating expenses, including those related to the 18 maintenance of the Trust lands or other property of the Trust. 19 (2) The annual endowment referred to in this section is to be paid by such 20 instalments as the Treasurer thinks fit. 21 (3) Any money payable by the Treasurer under this section is to be paid out 22 of money provided by Parliament. 23 Page 13

Clause 23 Callan Park Trust Bill 2008 Part 6 Miscellaneous Part 6 Miscellaneous 1 23 Annual report 2 The annual report prepared by the Trust is to specify the uses to which 3 the Trust lands have been put during the financial year to which the 4 annual report relates. 5 24 Requirement to state name and address 6 (1) An authorised officer who reasonably suspects a person of having 7 committed an offence under this Act or the regulations may require the 8 person to state the person's full name and residential address. 9 (2) An authorised officer may require the driver of a vehicle on the Trust 10 lands to produce the driver's driver licence and to state the person's full 11 name and residential address. 12 (3) A person must not: 13 (a) fail to comply with a requirement under this section, or 14 (b) in purported compliance with a requirement under this section, 15 state a name that is not the person's name or an address that is not 16 the person's address. 17 Maximum penalty: 10 penalty units. 18 (4) A person is not guilty of an offence under this section unless it is 19 established that the authorised officer warned the person that a failure 20 to comply with the requirement is an offence. 21 25 Requirement for owner of vehicle and others to give information 22 (1) If the driver of a vehicle is alleged to have committed an offence under 23 this Act or the regulations: 24 (a) the owner of the vehicle or the person having custody of the 25 vehicle must, when required to do so by an authorised officer, 26 immediately give information (which must, if so required, be 27 given in the form of a written statement signed by that owner or 28 person) as to the name and residential address of the driver, or 29 (b) any other person must, if required to do so by an authorised 30 officer, give any information that it is in the person's power to 31 give and that may lead to the identification of the driver. 32 Maximum penalty: 10 penalty units. 33 (2) It is a defence to a prosecution for an offence under subsection (1) (a) if 34 the defendant satisfies the court that the defendant did not know and 35 could not with reasonable diligence have ascertained the driver's name 36 or residential address. 37 Page 14

Callan Park Trust Bill 2008 Clause 26 Miscellaneous Part 6 (3) A written statement purporting to be given under subsection (1) (a) and 1 to contain particulars of the name and residential address of the driver 2 of a vehicle at the time of commission of an alleged offence under this 3 Act or the regulations that is produced in any court in proceedings 4 against the person named in the statement as the driver for such an 5 offence is evidence without proof of signature that the person was the 6 driver of the vehicle at the time of the alleged offence if the person does 7 not appear before the court. 8 (4) In this section and section 26: 9 owner of a vehicle includes the responsible person for the vehicle 10 within the meaning of the Road Transport (General) Act 2005. 11 26 Liability of vehicle owner for parking offences 12 (1) If a parking offence occurs in relation to any vehicle, the person who at 13 the time of the occurrence of the offence is the owner of the vehicle is, 14 by virtue of this section, guilty of an offence under the regulation 15 concerned as if the person were the actual offender guilty of the parking 16 offence unless: 17 (a) in any case where the offence is dealt with under section 27, the 18 person satisfies an authorised officer described in the notice 19 served under that section that the vehicle was at the relevant time 20 a stolen vehicle or a vehicle illegally taken or used, or 21 (b) in any other case, the court is satisfied that the vehicle was at the 22 relevant time a stolen vehicle or a vehicle illegally taken or used. 23 (2) Nothing in this section affects the liability of the actual offender but 24 where a penalty has been imposed on or recovered from any person in 25 relation to a parking offence no further penalty may be imposed on or 26 recovered from any other person in relation to that offence. 27 (3) Despite subsection (1), an owner of a vehicle is not, by virtue of that 28 subsection, guilty of an offence if: 29 (a) in any case where the offence is dealt with under section 27, the 30 person: 31 (i) within 21 days after service on the person of a notice under 32 that section alleging that the person is guilty of the offence, 33 supplies by statutory declaration to an authorised officer 34 described in the notice the name and address of the person 35 who was in charge of the vehicle at all relevant times 36 relating to the offence, or 37 (ii) satisfies such an authorised officer that the person did not 38 know and could not with reasonable diligence have 39 ascertained that name and address, or 40 Page 15

Clause 27 Callan Park Trust Bill 2008 Part 6 Miscellaneous (b) in any other case, the person: 1 (i) within 21 days after service on the person of a court 2 attendance notice in respect of the offence, supplies by 3 statutory declaration to the informant the name and address 4 of the person who was in charge of the vehicle at all 5 relevant times relating to the offence, or 6 (ii) satisfies the court that the person did not know and could 7 not with reasonable diligence have ascertained that name 8 and address. 9 (4) A statutory declaration under subsection (3) if produced in any 10 proceedings against the person named in it and in relation to the offence 11 in respect of which the statutory declaration was supplied is evidence 12 that that person was in charge of vehicle at all relevant times relating to 13 that offence. 14 (5) A statutory declaration that relates to more than one offence is taken not 15 to be a statutory declaration under, or for the purposes of, subsection 16 (3). 17 (6) In this section: 18 parking offence means any offence of parking a vehicle in 19 contravention of the regulations. 20 27 Penalty notices for certain offences 21 (1) An authorised officer may serve a penalty notice on a person if it 22 appears to the officer that the person has committed, or by virtue of 23 section 26 is guilty of, an offence under this Act or the regulations, 24 being an offence prescribed by the regulations. 25 (2) A penalty notice is a notice to the effect that, if the person served does 26 not wish to have the matter dealt with by a court, the person may pay, 27 within the time and to the person specified in the notice, the amount of 28 penalty prescribed by the regulations for the offence if dealt with under 29 this section. 30 (3) Any such notice: 31 (a) may be served personally or by post, or 32 (b) if it relates to an offence of which the owner of a vehicle is guilty 33 by virtue of section 26, may be addressed to the owner without 34 naming the owner or stating the address of the owner and may be 35 served by leaving it on or attaching it to the vehicle. 36 (4) If the amount of any penalty prescribed for an alleged offence is paid in 37 accordance with this section, no person is liable to any further 38 proceedings for the alleged offence. 39 Page 16

Callan Park Trust Bill 2008 Clause 28 Miscellaneous Part 6 (5) Payment of a penalty in accordance with this section is not to be 1 regarded as an admission of liability for the purposes of, nor in any way 2 as affecting or prejudicing any civil claim, action or proceeding arising 3 out of the same occurrence. 4 (6) The regulations may: 5 (a) prescribe an offence for the purposes of this section by specifying 6 the offence or by referring to the provision creating the offence, 7 and 8 (b) prescribe the amount of penalty payable for the offence if dealt 9 with in accordance with this section, and 10 (c) prescribe different amounts of penalties for different offences or 11 classes of offences. 12 (7) The amount of a penalty prescribed under this section for an offence 13 must not exceed the maximum amount of penalty which could be 14 imposed for the offence by a court. 15 (8) This section does not limit the operation of any other provision of, or 16 made under, this or any other Act relating to proceedings which may be 17 taken in respect of offences. 18 28 Proof of certain matters not required 19 In any legal proceedings, proof is not required (until evidence is given 20 to the contrary) of: 21 (a) the constitution of the Trust, or 22 (b) any resolution of the Trust, or 23 (c) the appointment of, or the holding of office by, any trustee, or 24 (d) the presence of a quorum at any meeting of the Trust. 25 29 Proceedings for offences 26 (1) Proceedings for an offence under this Act or the regulations are to be 27 dealt with summarily before the Local Court. 28 (2) Any such proceedings may be commenced within but not later than 29 12 months after the date on which the offence is alleged to have been 30 committed. 31 30 Offences by corporations 32 (1) If a corporation contravenes, whether by act or omission, any provision 33 of this Act or the regulations, each person who is a director of the 34 corporation or who is concerned in the management of the corporation 35 is taken to have contravened the same provision if the person knowingly 36 authorised or permitted the contravention. 37 Page 17

Clause 31 Callan Park Trust Bill 2008 Part 6 Miscellaneous (2) A person may be proceeded against and convicted under a provision 1 pursuant to subsection (1) whether or not the corporation has been 2 proceeded against or has been convicted under the provision. 3 (3) Nothing in this section affects any liability imposed on a corporation for 4 an offence committed by the corporation under this Act or the 5 regulations. 6 31 Compensation 7 (1) If any person is convicted of an offence under this Act or the regulations 8 and the court before whom the person was convicted is satisfied that the 9 commission of the offence caused or resulted in loss or damage to the 10 Trust lands or other property of the Trust, the court may order payment 11 to the Trust of such sum as the court thinks fit by way of compensation 12 for that loss or damage. 13 (2) The court may make such an order whether or not it imposes a penalty 14 for the offence. 15 (3) An order made by a court under section 10 of the Crimes (Sentencing 16 Procedure) Act 1999 in any proceedings for an offence under this Act 17 or the regulations operates for the purposes of subsection (1) as a 18 conviction for the offence. 19 32 Recovery 20 Any charge, fee or money owing to the Trust may be recovered as a debt 21 due in a court of competent jurisdiction. 22 33 Regulations 23 (1) The Governor may make regulations, not inconsistent with this Act, for 24 or with respect to any matter that by this Act is required or permitted to 25 be prescribed or that is necessary or convenient to be prescribed for 26 carrying out or giving effect to this Act. 27 (2) In particular, regulations may be made for or with respect to the 28 following: 29 (a) the use and enjoyment of the Trust lands, 30 (b) the care, control and management of the Trust lands, 31 (c) the determination and payment of fees for: 32 (i) the use of the playing fields situated within the Trust lands, 33 and 34 (ii) filming or photographing within the Trust lands for the 35 purposes of cinema or television productions or 36 commercial use, and 37 Page 18

Callan Park Trust Bill 2008 Clause 34 Miscellaneous Part 6 (iii) the use or purchase of any written or other material that is 1 the property of the Trust, and 2 (iv) such other articles or services as the Trust may provide, 3 (d) the meetings of the Trust, 4 (e) the committees of the Trust, 5 (f) the election of a trustee by persons employed on the Trust lands. 6 (3) A regulation may create an offence punishable by a penalty not 7 exceeding 10 penalty units. 8 (4) In this section, a reference to the Trust lands includes a reference to any 9 part of the Trust lands. 10 34 Amendment of other Acts and regulations 11 Each Act and regulation specified in Schedule 4 is amended as set out 12 in that Schedule. 13 Page 19

Callan Park Trust Bill 2008 Schedule 1 Land vested in the Trust Schedule 1 Land vested in the Trust 1 (Sections 3 and 11) 2 Part 1 Description of principal trust lands 3 All that piece or parcel of land situated at Rozelle comprised in Lot 1, Deposited Plan 4 807747, including all structures that are fixtures on that land. 5 Part 2 Interests etc discharged 6 Page 20

Callan Park Trust Bill 2008 Provisions relating to the trustees Schedule 2 Schedule 2 Provisions relating to the trustees 1 (Section 5 (5)) 2 1 Chairperson and Deputy Chairperson 3 (1) The trustees are to appoint one of their number to be the Chairperson 4 and another of their number to be the Deputy Chairperson of the Trust. 5 (2) The Chairperson or Deputy Chairperson holds that office, subject to this 6 clause, for a term specified by the Trust (but not exceeding 3 years), but 7 is eligible for re-appointment if otherwise qualified. 8 (3) In the absence of the Chairperson, or at the request of the Chairperson, 9 the Deputy Chairperson may, if available, act in the place of the 10 Chairperson. 11 (4) While acting in the place of the Chairperson, the Deputy Chairperson 12 has all the functions of the Chairperson and is taken to be the 13 Chairperson. 14 (5) The Chairperson or Deputy Chairperson vacates office as Chairperson 15 or Deputy Chairperson if the person: 16 (a) is removed from office by the Trust, or 17 (b) resigns that office by instrument in writing addressed to the Trust, 18 or 19 (c) completes a term of office as Chairperson or Deputy Chairperson 20 and is not re-appointed, or 21 (d) ceases to be a trustee. 22 (6) The Trust may at any time, by notice in writing, remove the Chairperson 23 or Deputy Chairperson from office as Chairperson or Deputy 24 Chairperson. 25 (7) For the purposes of this clause, a trustee is not to be considered to have 26 ceased to be a trustee by reason only of the term of office of the trustee 27 as a trustee having expired if the trustee is re-appointed by the Governor 28 as a trustee, or re-elected as a trustee, for a term commencing 29 immediately after the date on which the term of office of the trustee 30 expires. 31 2 Acting trustees and acting Chairperson 32 (1) The Minister may, from time to time, appoint a person to act in the 33 office of a trustee during the illness or absence of the trustee, and the 34 person, while so acting, has and may exercise all the functions of the 35 trustee and is taken to be a trustee. 36 Page 21

Callan Park Trust Bill 2008 Schedule 2 Provisions relating to the trustees (2) The Minister may, from time to time, appoint a trustee to act in the 1 office of Chairperson during the illness or absence of the Chairperson, 2 and the trustee, while so acting, has and may exercise all the functions 3 of the Chairperson and is taken to be the Chairperson. 4 (3) The Minister may remove any person from any office to which the 5 person was appointed under this clause. 6 (4) A person while acting in the office of a trustee is entitled to be paid such 7 remuneration (including travelling and subsistence allowances) as the 8 Minister may from time to time determine in respect of the person. 9 (5) For the purposes of this clause, a vacancy in the office of trustee or the 10 Chairperson is taken to be an absence from office of the trustee or 11 Chairperson, as the case may be. 12 3 Term of office 13 (1) Subject to this Schedule, a trustee holds office: 14 (a) if the trustee has been appointed--for such period (not exceeding 15 3 years) as is specified in the trustee's instrument of appointment, 16 or 17 (b) if the trustee has been elected--for a term of 3 years. 18 (2) Trustees are eligible (if otherwise qualified) for re-appointment or 19 re-election. 20 4 Remuneration 21 (1) A trustee is entitled to be paid such remuneration (including travelling 22 and subsistence allowances) as the Minister may from time to time 23 determine in respect of the trustee. 24 (2) In this clause: 25 trustee includes any member of a committee of the Trust. 26 5 Vacancy in office of trustee 27 (1) The office of a trustee becomes vacant if the trustee: 28 (a) dies, or 29 (b) completes a term of office and is not re-appointed or re-elected, 30 or 31 (c) resigns the office by instrument in writing addressed to the Trust, 32 or 33 (d) is removed from office by the Governor under this clause, or 34 (e) is absent from 4 consecutive meetings of the Trust of which 35 reasonable notice has been given to the trustee personally or by 36 Page 22

Callan Park Trust Bill 2008 Provisions relating to the trustees Schedule 2 post, except on leave granted by the Trust or unless the trustee is 1 excused by the Trust for having been absent from those meetings, 2 or 3 (f) becomes bankrupt, applies to take the benefit of any law for the 4 relief of bankrupt or insolvent debtors, compounds with his or her 5 creditors or makes an assignment of his or her remuneration for 6 their benefit, or 7 (g) becomes a mentally incapacitated person, or 8 (h) is convicted in New South Wales of an offence that is punishable 9 by penal servitude or imprisonment for 12 months or more or is 10 convicted elsewhere than in New South Wales of an offence that, 11 if committed in New South Wales, would be an offence so 12 punishable. 13 (2) The Governor may at any time remove a trustee from office. 14 6 Filling of vacancy in office of trustee 15 If the office of any trustee becomes vacant, a person is, subject to this 16 Act, to be appointed or elected to fill the vacancy. 17 7 Disclosure of pecuniary interests 18 (1) If: 19 (a) a trustee has a direct or indirect pecuniary interest in a matter 20 being considered or about to be considered at a meeting of the 21 Trust, and 22 (b) the interest appears to raise a conflict with the proper 23 performance of the trustee's duties in relation to the consideration 24 of the matter, 25 the trustee must, as soon as possible after the relevant facts have come 26 to the trustee's knowledge, disclose the nature of the interest at a 27 meeting of the Trust. 28 (2) A disclosure by a trustee at a meeting of the Trust that the member: 29 (a) is a member, or is in the employment, of a specified company or 30 other body, or 31 (b) is a partner, or is in the employment, of a specified person, or 32 (c) has some other specified interest relating to a specified company 33 or other body or to a specified person, 34 is a sufficient disclosure of the nature of the interest in any matter 35 relating to that company or other body or to that person that may arise 36 after the date of the disclosure and that is required to be disclosed under 37 subclause (1). 38 Page 23

Callan Park Trust Bill 2008 Schedule 2 Provisions relating to the trustees (3) Particulars of any disclosure made under this clause must be recorded 1 by the Trust in a book kept for the purpose and that book must be open 2 at all reasonable hours to inspection by any person on payment of the 3 fee determined by the Trust. 4 (4) After a trustee has disclosed the nature of an interest in any matter, the 5 trustee must not, unless the Minister otherwise determines: 6 (a) be present during any deliberation of the Trust with respect to the 7 matter, or 8 (b) take part in any decision of the Trust with respect to the matter. 9 (5) A contravention of this clause does not invalidate any decision of the 10 Trust. 11 (6) A reference in this clause to a meeting of the Trust includes a reference 12 to a meeting of a committee of the Trust. 13 8 Effect of certain other Acts 14 (1) The Public Sector Employment and Management Act 2002 does not 15 apply to or in respect of the appointment of a trustee and a trustee is not, 16 as such a trustee, subject to that Act (except Chapter 5). 17 (2) If by or under any Act provision is made: 18 (a) requiring a person who is the holder of a specified office to 19 devote the whole of his or her time to the duties of that office, or 20 (b) prohibiting the person from engaging in employment outside the 21 duties of that office, 22 the provision does not operate to disqualify the person from holding that 23 office and also the office of a trustee or from accepting and retaining any 24 remuneration payable to the person under this Act as a trustee. 25 9 Liability of trustees 26 No matter or thing done by the Trust, any trustee or any person acting 27 under the direction of the Trust, if the matter or thing was done in good 28 faith for the purposes of executing this or any other Act, subjects a 29 trustee or a person so acting personally to any action, liability, claim or 30 demand. 31 Page 24

Callan Park Trust Bill 2008 Provisions relating to the procedure of the Trust Schedule 3 Schedule 3 Provisions relating to the procedure of 1 the Trust 2 (Section 5 (6)) 3 1 General procedure 4 The procedure for the calling of meetings of the Trust and for the 5 conduct of business at those meetings is, subject to this Act and the 6 regulations, to be as determined by the Trust. 7 2 Quorum 8 (1) The quorum for a meeting of the Trust is a majority of its trustees, of 9 whom one must be the Chairperson or Deputy Chairperson. 10 (2) However, at the first meeting of the Trust or at any other meeting where 11 at the commencement of the meeting the offices of Chairperson and 12 Deputy Chairperson are both vacant, the quorum for the meeting is 13 two-thirds of the trustees. 14 3 Presiding trustee 15 (1) The Chairperson (or, in the absence of the Chairperson, another trustee 16 elected to chair the meeting by the trustees present) is to preside at a 17 meeting of the Trust. 18 (2) The presiding member has a deliberative vote and, in the event of an 19 equality of votes, has a second or casting vote. 20 4 Voting 21 A decision supported by a majority of the votes cast at a meeting of the 22 Trust at which a quorum is present is the decision of the Trust. 23 5 Transaction of business outside meetings or by telephone 24 (1) The Trust may, if it thinks fit, transact any of its business by the 25 circulation of papers among all the members of the Trust for the time 26 being, and a resolution in writing approved in writing by a majority of 27 those members is taken to be a decision of the Trust. 28 (2) The Trust may, if it thinks fit, transact any of its business at a meeting 29 at which trustees (or some trustees) participate by telephone, 30 closed-circuit television or other means, but only if any trustee who 31 speaks on a matter before the meeting can be heard by the other trustees. 32 (3) For the purposes of: 33 (a) the approval of a resolution under subclause (1), or 34 Page 25

Callan Park Trust Bill 2008 Schedule 3 Provisions relating to the procedure of the Trust (b) a meeting held in accordance with subclause (2), 1 the Chairperson and each trustee have the same voting rights as they 2 have at an ordinary meeting of the Trust. 3 (4) A resolution approved under subclause (1) is, subject to the regulations, 4 to be recorded in the minutes of the meetings of the Trust. 5 (5) Papers may be circulated among the members for the purposes of 6 subclause (1) by facsimile or other transmission of the information in 7 the papers concerned. 8 6 Minutes 9 The Trust must cause full and accurate minutes to be kept of the 10 proceedings of each meeting of the Trust. 11 7 The Director 12 The Director is entitled to be heard by the Trust on any matter 13 considered by the Trust and, unless the Trust otherwise directs, is 14 entitled to be present at each meeting of the Trust. 15 8 First meeting 16 The Minister may call the first meeting of the Trust in such manner as 17 the Minister thinks fit. 18 Page 26

Callan Park Trust Bill 2008 Amendment of Acts and regulations Schedule 4 Schedule 4 Amendment of Acts and regulations 1 (Section 34) 2 4.1 Callan Park (Special Provisions) Act 2002 No 139 3 [1] Section 5 Callan Park not to be sold or otherwise disposed of 4 Insert "or the Callan Park Trust Act 2008" after "this Act" in section 5 (1). 5 [2] Section 5 (2) 6 Omit the subsection. 7 [3] Section 8 Community consultation committee 8 Omit the section. 9 4.2 Fines Act 1996 No 99 10 Schedule 1 Statutory provisions under which penalty notices issued 11 Insert in alphabetical order: 12 Callan Park Trust Act 2008, section 27 13 4.3 Impounding Regulation 2003 14 Clause 5 Impounding authorities 15 Insert in alphabetical order in the Table to the clause: 16 Callan Park Trust All land vested in the Trust 4.4 Protection of the Environment Operations (Penalty Notices) 17 Regulation 2004 18 [1] Clause 5 Enforcement officers: section 226 19 Insert "Callan Park Trust," after "on land vested in the" in clause 5 (6) (i). 20 [2] Clause 5 (i) (iii) 21 Insert after clause 5 (6) (i) (ii): 22 (iii) in relation to land vested in the Callan Park Trust-- 23 the Division of the Government Service in which 24 persons are employed to enable the Trust to exercise 25 functions. 26 Page 27

Callan Park Trust Bill 2008 Schedule 4 Amendment of Acts and regulations 4.5 Public Finance and Audit Act 1983 No 152 1 Schedule 2 Statutory bodies 2 Insert in alphabetical order: 3 Callan Park Trust 4 Page 28

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