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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Quarantine Station Preservation Trust
Bill 2002
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 The Quarantine Station Preservation Trust
4 Constitution of the Trust 3
5 Appointment and procedure of trustees 3
Part 3 Objects and functions of the Trust
6 Objects of the Trust 4
7 Functions of the Trust 4
Part 4 Property of the Trust
8 Vesting of land at Quarantine Station in the Trust 6
b02-503-p02.835
Quarantine Station Preservation Trust Bill 2002
Contents
Page
9 Prohibition against disposal or compulsory acquisition of
trust lands 6
10 Acquisition of certain other property 6
11 Disposal of certain other property 7
12 Grant of leases, easements, licences etc 7
Part 5 Plan of management for trust lands
13 Preparation of plan of management 9
14 Adoption etc of plan of management 9
15 Amendment or cancellation of plan of management 9
16 Carrying out of plan of management 9
Part 6 Administration
17 Financial year of the Trust 10
18 Committees 10
19 Staff of the Trust 10
20 The Director 10
21 Delegation by the Trust 11
Part 7 Miscellaneous
22 Revocation of reservation 12
23 Requirement to state name and address 12
24 Requirement for owner of vehicle and others to give
information 12
25 Liability of vehicle owner for parking offences 13
26 Penalty notices for certain offences 15
27 Proof of certain matters not required 16
28 Proceedings for offences 16
29 Offences by corporations 16
30 Compensation 17
31 Recovery 17
32 Regulations 17
33 Savings and transitional regulations 18
34 Amendment of other Acts 18
Schedules
1 Trust lands 19
2 Provisions relating to the trustees 20
3 Provisions relating to the procedure of the Trust 24
4 Amendments to other Acts 26
Contents page 2
New South Wales
Quarantine Station Preservation Trust
Bill 2002
No , 2002
A Bill for
An Act to provide for the management and control of the Quarantine Station at
Sydney's North Head; to constitute the Quarantine Station Preservation Trust and
define its functions; and for other purposes.
Clause 1 Quarantine Station Preservation Trust Bill 2002
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Quarantine Station Preservation Trust Act 2002. 4
2 Commencement 5
This Act commences on the date of assent. 6
3 Definitions 7
(1) In this Act: 8
authorised officer means: 9
(a) a police officer, or 10
(b) a person who is appointed for the time being by the Director as 11
an authorised officer for the purposes of the provision in which 12
the expression is used, or 13
(c) a person (or person belonging to a class or description of 14
persons) prescribed by the regulations. 15
Director means the person holding office, or duly acting, as Director 16
of the Trust. 17
exercise a function includes perform a duty. 18
function includes a power, authority or duty. 19
Trust means the Quarantine Station Preservation Trust constituted by 20
this Act. 21
trust lands means the land for the time being described in Schedule 1. 22
trustee means a trustee referred to in section 5. 23
(2) Notes included in this Act are explanatory notes and do not form part 24
of this Act. 25
Page 2
Quarantine Station Preservation Trust Bill 2002 Clause 4
The Quarantine Station Preservation Trust Part 2
Part 2 The Quarantine Station Preservation Trust 1
4 Constitution of the Trust 2
(1) There is constituted by this Act a corporation under the corporate name 3
of the "Quarantine Station Preservation Trust". 4
(2) The Trust: 5
(a) has and may exercise the functions conferred or imposed on it 6
by 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, subject to the control and 10
direction of the Minister. 11
5 Appointment and procedure of trustees 12
(1) The Trust consists of 5 trustees appointed by the Minister. 13
(2) The persons appointed as trustees are to include representatives of: 14
(a) the National Parks and Wildlife Service, and 15
(b) the Heritage Council, and 16
(c) the local Aboriginal community, and 17
(d) the local community generally. 18
(3) Schedule 2 has effect with respect to the trustees. 19
(4) Schedule 3 has effect with respect to the procedure of the Trust. 20
Page 3
Clause 6 Quarantine Station Preservation Trust Bill 2002
Part 3 Objects and functions of the Trust
Part 3 Objects and functions of the Trust 1
6 Objects of the Trust 2
The objects of the Trust are: 3
(a) to maintain and improve the trust lands, and 4
(b) to encourage the use and enjoyment of the trust lands by the 5
public by promoting the recreational, historical, scientific, 6
educational and cultural heritage value of those lands, and 7
(c) to ensure the conservation of the natural and cultural heritage 8
values of the trust lands and the protection of the environment 9
within those lands, and 10
(d) such other objects, consistent with the functions of the Trust in 11
relation to the trust lands, as the Trust considers appropriate. 12
7 Functions of the Trust 13
(1) The Trust may: 14
(a) permit the use of the whole or any part of the trust lands for 15
activities of a recreational, historical, scientific, educational and 16
cultural heritage nature, and 17
(b) in or in connection with the trust lands provide, or permit the 18
provision of, food or other refreshments and apply for, hold or 19
dispose of any relevant licence, permit or other authority for 20
that purpose, and 21
(c) promote and provide exhibits, lectures, films, publications and 22
other types of educational instruction relating to the trust lands, 23
and 24
(d) in pursuance of its objects, procure specimens, services or 25
materials and obtain scientific or other data from within or 26
outside the State, and 27
(e) disseminate scientific, cultural and historical information to the 28
public and educational, scientific, cultural and historical 29
institutions, whether within or outside the State, and 30
(f) maintain, or make arrangements for the maintenance of, the 31
property of the Trust, and 32
Page 4
Quarantine Station Preservation Trust Bill 2002 Clause 7
Objects and functions of the Trust Part 3
(g) subject to the regulations, charge and receive fees or other 1
amounts for, or in connection with, any service provided, article 2
sold or permission given by the Trust in the exercise of any of 3
its functions, and 4
(h) enter into any contract or arrangement with any person for the 5
purpose of promoting the objects of the Trust. 6
(2) Subject to this Act and the regulations, the Trust has the control and 7
management of all property of the Trust. 8
(3) The fees and other amounts received by the Trust as referred to in 9
subsection (1) (g) are the property of the Trust. 10
(4) The Trust may, and when requested by the Minister must, make reports 11
and recommendations to the Minister with respect to the Trust and the 12
trust lands. 13
(5) The Trust has and may exercise such functions, in addition to those 14
specified in this section, as are reasonably necessary to achieve its 15
objects. 16
Page 5
Clause 8 Quarantine Station Preservation Trust Bill 2002
Part 4 Property of the Trust
Part 4 Property of the Trust 1
8 Vesting of land at Quarantine Station in the Trust 2
(1) The land described in Schedule 1 vests in the Trust for an estate in fee 3
simple freed and discharged from any trusts, estates, interests, 4
dedications, restrictions, easements, contracts, charges and rates 5
existing in respect of the land immediately before the land is vested in 6
the Trust. 7
(2) The Governor may from time to time, by proclamation published in the 8
Gazette, amend Schedule 1 for the purpose of adding to the land for 9
the time being described in that Schedule: 10
(a) Crown land (within the meaning of the Crown Lands Act 1989) 11
or other land of the Crown, or 12
(b) land of a public or local authority constituted by an Act of 13
Parliament, or 14
(c) additional land acquired by the Trust. 15
(3) A proclamation under this section may contain provisions of a savings 16
or transitional nature consequent on the making of the proclamation. 17
(4) The vesting of land effected by this section does not operate to vest in 18
the Trust any pipeline, cable or related apparatus owned by a person 19
other than the Minister and used for the conveyance of gas, electricity, 20
water, drainage, sewage or any other thing and lawfully situated on the 21
land immediately before the commencement of this section. 22
9 Prohibition against disposal or compulsory acquisition of trust lands 23
(1) The Trust must not sell, mortgage or otherwise dispose of any of the 24
trust lands. 25
(2) Despite any other Act, the trust lands may not be compulsorily 26
acquired except by an Act of Parliament. 27
(3) This section does not affect the operation of section 12. 28
10 Acquisition of certain other property 29
(1) The Trust may agree to any condition that is not inconsistent with its 30
objects being imposed on its acquisition of any property. 31
(2) The rule of law against remoteness of vesting does not apply to any 32
such condition to which the Trust has agreed. 33
Page 6
Quarantine Station Preservation Trust Bill 2002 Clause 10
Property of the Trust Part 4
(3) If the Trust acquires any property by gift, devise or bequest, the Trust 1
may retain the property in the form in which it was acquired, subject 2
to any such condition to which the Trust has agreed. 3
(4) Duty under the Duties Act 1997 is not chargeable for or in respect of 4
any gift, devise or bequest made or to be made to the Trust. 5
11 Disposal of certain other property 6
(1) In this section: 7
condition means a condition to which the Trust has agreed under 8
section 10. 9
(2) The Trust must not sell, mortgage or otherwise dispose of any property 10
acquired by gift, devise or bequest, or any property being additional 11
trust lands, except: 12
(a) if the property was acquired without any condition--with the 13
approval of the Minister, or 14
(b) if the property was acquired subject to a condition--in 15
accordance with the condition or subsection (3). 16
(3) If the Trust determines that any property that has been acquired by the 17
Trust subject to a condition is not required for the purposes of the 18
Trust, the Trust may (despite that condition), with the approval of the 19
Minister: 20
(a) sell the property, or 21
(b) exchange the property for other property, or 22
(c) give the property to any recreational, scientific or educational 23
institution, or 24
(d) if the Trust is of the opinion that the property is of no 25
commercial value--dispose of the property without valuable 26
consideration. 27
12 Grant of leases, easements, licences etc 28
(1) The Trust may, with the approval of the Minister, grant: 29
(a) leases of parts of the trust lands, or 30
(b) easements through, on or in the trust lands, or 31
(c) licences for the use of parts of the trust lands. 32
(2) The whole of the trust lands may not be leased to a single person. 33
Page 7
Clause 12 Quarantine Station Preservation Trust Bill 2002
Part 4 Property of the Trust
(3) A lease granted under subsection (1) (a) may not have a term that, 1
together with the term of any further lease which may be granted on 2
the exercise of an option contained in the lease, exceeds 10 years. 3
(4) Any such lease must not be granted unless the proposed content of the 4
lease has been publicly exhibited for 30 days and any public 5
submissions made in relation to the proposed lease have been taken 6
into consideration by the Trust. 7
(5) The Trust may, with the approval of the Minister, impose restrictions 8
on the use of, or impose positive covenants on, the trust lands or other 9
land in accordance with section 88D or 88E of the Conveyancing Act 10
1919. 11
(6) In this section, easement includes an easement without a dominant 12
tenement referred to in section 88A of the Conveyancing Act 1919. 13
Page 8
Quarantine Station Preservation Trust Bill 2002 Clause 13
Plan of management for trust lands Part 5
Part 5 Plan of management for trust lands 1
13 Preparation of plan of management 2
(1) The Trust must, in accordance with any directions of the Minister, 3
cause a plan of management to be prepared for the trust lands. 4
(2) The plan of management must contain a detailed written scheme of the 5
operations proposed to be undertaken in or in relation to the trust 6
lands. 7
14 Adoption etc of plan of management 8
(1) When the plan of management has been prepared, the Trust: 9
(a) must refer the plan to the Minister, and 10
(b) may, with the approval of the Minister, refer a copy of the plan 11
to any other person. 12
(2) The Minister may: 13
(a) adopt the plan of management, without alteration or with such 14
alterations as the Minister thinks fit, or 15
(b) refer it back to the Trust for further consideration. 16
15 Amendment or cancellation of plan of management 17
(1) The Trust may, in accordance with any directions of the Minister: 18
(a) amend the plan of management from time to time, or 19
(b) cancel the plan of management and substitute a new plan. 20
(2) Sections 13 and 14 apply to an amendment of the plan of management 21
or the substitution of the plan of management in the same way as they 22
apply to the preparation of the plan of management. 23
16 Carrying out of plan of management 24
(1) A plan of management adopted by the Minister is to be carried out and 25
given effect to by the Trust. 26
(2) Nothing in this Part affects the operation of the Local Government Act 27
1993 or the Environmental Planning and Assessment Act 1979. 28
Page 9
Clause 17 Quarantine Station Preservation Trust Bill 2002
Part 6 Administration
Part 6 Administration 1
17 Financial year of the Trust 2
The financial year of the Trust is the year commencing 1 July. 3
18 Committees 4
(1) The Trust may establish committees to assist it in connection with the 5
exercise of any of its functions. 6
(2) It does not matter that any or all of the members of a committee are not 7
trustees. 8
(3) The Director is an ex officio member of each committee of the Trust. 9
(4) The procedure for the calling of meetings of a committee and for the 10
conduct of business at those meetings is, subject to the regulations, to 11
be as determined by the Trust or (subject to any determination of the 12
Trust) by the committee. 13
19 Staff of the Trust 14
For the purposes of this Act: 15
(a) a Director, and 16
(b) such other persons as may be necessary to enable the Trust to 17
exercise its functions, 18
may be employed under Chapter 2 of the Public Sector Employment 19
and Management Act 2002. 20
20 The Director 21
(1) The Director is responsible for the administration and management of 22
the trust lands and any services provided in conjunction with the trust 23
lands. 24
(2) The Director is, in the exercise of the Director's functions under this 25
Act, subject to the control and direction of the Trust. 26
(3) The Director is to act as secretary to the Trust. 27
Page 10
Quarantine Station Preservation Trust Bill 2002 Clause 21
Administration Part 6
21 Delegation by the Trust 1
(1) The Trust may delegate to a trustee, a committee of the Trust or the 2
Director or any other officer of the Trust the exercise of any of its 3
functions, other than this power of delegation. 4
(2) The person may sub-delegate the exercise of a delegated function to 5
another person if the first-mentioned person is authorised in writing to 6
delegate the function to that person by the Trust. 7
Page 11
Clause 22 Quarantine Station Preservation Trust Bill 2002
Part 7 Miscellaneous
Part 7 Miscellaneous 1
22 Revocation of reservation 2
The reservation of the trust lands as part of the Sydney Harbour 3
National Park under the National Parks and Wildlife Act 1974 is 4
revoked. 5
23 Requirement to state name and address 6
(1) An authorised officer who reasonably suspects a person of having 7
committed an offence against this Act or the regulations may require 8
the 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 11
full 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 such a requirement, state a name 15
that is not the person's name or an address that is not the 16
person's residential 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 is an offence. 21
24 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 23
against 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 28
or person) as to the name and residential address of the driver, 29
or 30
Page 12
Quarantine Station Preservation Trust Bill 2002 Clause 24
Miscellaneous Part 7
(b) any other person must, if required to do so by an authorised 1
officer, give any information that it is in the person's power to 2
give and that may lead to the identification of the driver. 3
Maximum penalty: 10 penalty units. 4
(2) It is a defence to a prosecution for an offence under subsection (1) (a) 5
if the defendant satisfies the court that the defendant did not know and 6
could not with reasonable diligence have ascertained the driver's name 7
or residential address. 8
(3) A written statement purporting to be given under subsection (1) (a) and 9
to contain particulars of the name and residential address of the driver 10
of a vehicle at the time of commission of an alleged offence against 11
this Act or the regulations that is produced in any court in proceedings 12
against the person named in the statement as the driver for such an 13
offence is evidence without proof of signature that the person was the 14
driver of the vehicle at the time of the alleged offence if the person 15
does not appear before the court. 16
(4) In this section: 17
owner of a vehicle includes the responsible person for the vehicle 18
within the meaning of the Road Transport (General) Act 1999. 19
25 Liability of vehicle owner for parking offences 20
(1) If a parking offence occurs in relation to any vehicle, the person who 21
at the time of the occurrence of the offence is the owner of the vehicle 22
is, by virtue of this section, guilty of an offence against the regulation 23
concerned as if the person were the actual offender guilty of the 24
parking offence unless: 25
(a) in any case where the offence is dealt with under section 26, the 26
person satisfies an authorised officer described in the notice 27
served under that section that the vehicle was at the relevant 28
time a stolen vehicle or a vehicle illegally taken or used, or 29
(b) in any other case, the court is satisfied that the vehicle was at 30
the relevant time a stolen vehicle or a vehicle illegally taken or 31
used. 32
(2) Nothing in this section affects the liability of the actual offender but 33
where a penalty has been imposed on or recovered from any person in 34
relation to a parking offence no further penalty may be imposed on or 35
recovered from any other person in relation to that offence. 36
Page 13
Clause 25 Quarantine Station Preservation Trust Bill 2002
Part 7 Miscellaneous
(3) Despite subsection (1), an owner of a vehicle is not, by virtue of that 1
subsection, guilty of an offence if: 2
(a) in any case where the offence is dealt with under section 26, the 3
person: 4
(i) within 21 days after service on the person of a notice 5
under that section alleging that the person is guilty of 6
the offence, supplies by statutory declaration to an 7
authorised officer described in the notice the name and 8
address of the person who was in charge of the vehicle 9
at all relevant times relating to the offence, or 10
(ii) satisfies the authorised officer that the person did not 11
know and could not with reasonable diligence have 12
ascertained that name and address, or 13
(b) in any other case, the person: 14
(i) within 21 days after service on the person of a summons 15
in respect of the offence, supplies by statutory 16
declaration to the informant the name and address of the 17
person who was in charge of the vehicle at all relevant 18
times relating to the offence, or 19
(ii) satisfies the court that the person did not know and 20
could not with reasonable diligence have ascertained 21
that name and address. 22
(4) A statutory declaration under subsection (3) if produced in any 23
proceedings against the person named in it and in relation to the 24
offence in respect of which the statutory declaration was supplied is 25
evidence that that person was in charge of the vehicle at all relevant 26
times relating to that offence. 27
(5) A statutory declaration that relates to more than one offence is taken 28
not to be a statutory declaration under, or for the purposes of, 29
subsection (3). 30
(6) In this section: 31
owner of a vehicle includes the responsible person for the vehicle 32
within the meaning of the Road Transport (General) Act 1999. 33
parking offence means any offence of parking a vehicle in 34
contravention of the regulations. 35
Page 14
Quarantine Station Preservation Trust Bill 2002 Clause 26
Miscellaneous Part 7
26 Penalty notices for certain offences 1
(1) An authorised officer may serve a penalty notice on a person if it 2
appears to the officer that the person has committed, or by virtue of 3
section 25 is guilty of, an offence under this Act or the regulations, 4
being an offence prescribed by the regulations. 5
(2) A penalty notice is a notice to the effect that, if the person served does 6
not wish to have the matter dealt with by a court, the person may pay, 7
within the time and to the person specified in the notice, the amount of 8
penalty prescribed by the regulations for the offence if dealt with under 9
this section. 10
(3) Any such notice: 11
(a) may be served personally or by post, or 12
(b) if it relates to an offence of which the owner of a vehicle is 13
guilty by virtue of section 25, may be addressed to the owner 14
without naming the owner or stating the address of the owner 15
and may be served by leaving it on or attaching it to the vehicle. 16
(4) If the amount of any penalty prescribed for an alleged offence is paid 17
in accordance with this section, no person is liable to any further 18
proceedings for the alleged offence. 19
(5) Payment of a penalty in accordance with this section is not to be 20
regarded as an admission of liability for the purposes of, nor in any 21
way as affecting or prejudicing any civil claim, action or proceeding 22
arising out of the same occurrence. 23
(6) The regulations may: 24
(a) prescribe an offence for the purposes of this section by 25
specifying the offence or by referring to the provision creating 26
the offence, and 27
(b) prescribe the amount of penalty payable for the offence if dealt 28
with in accordance with this section, and 29
(c) prescribe different amounts of penalties for different offences 30
or classes of offences. 31
(7) The amount of a penalty prescribed under this section for an offence 32
must not exceed the maximum amount of penalty which could be 33
imposed for the offence by a court. 34
Page 15
Clause 26 Quarantine Station Preservation Trust Bill 2002
Part 7 Miscellaneous
(8) This section does not limit the operation of any other provision of, or 1
made under, this or any other Act relating to proceedings which may 2
be taken in respect of offences. 3
27 Proof of certain matters not required 4
In any legal proceedings, proof is not required (until evidence is given 5
to the contrary) of: 6
(a) the constitution of the Trust, or 7
(b) any resolution of the Trust, or 8
(c) the appointment of, or the holding of office by, any trustee, or 9
(d) the presence of a quorum at any meeting of the Trust. 10
28 Proceedings for offences 11
(1) Proceedings for an offence against this Act or the regulations are to be 12
dealt with summarily. 13
(2) Any such proceedings may be commenced within but not later than 12 14
months after the date on which the offence is alleged to have been 15
committed. 16
29 Offences by corporations 17
(1) If a corporation commits an offence against this Act or the regulations: 18
(a) each person who is a director of the corporation, and 19
(b) each person who is concerned in the management of the 20
corporation, 21
is taken to have committed the same offence if the person knowingly 22
authorised or permitted the act or omission constituting the offence. 23
(2) A person may be proceeded against and convicted under this section 24
whether or not the corporation has been proceeded against and 25
convicted. 26
(3) Nothing in this section affects any liability imposed on a corporation 27
for an offence committed by the corporation. 28
Page 16
Quarantine Station Preservation Trust Bill 2002 Clause 30
Miscellaneous Part 7
30 Compensation 1
(1) If any person is convicted of an offence against this Act or the 2
regulations and the court before whom the person was convicted is 3
satisfied that the commission of the offence caused or resulted in loss 4
or damage to the trust lands or other property of the Trust, the court 5
may order payment to the Trust of such sum as the court thinks fit by 6
way of compensation for that loss or damage. 7
(2) The court may make such an order whether or not it imposes a penalty 8
for the offence. 9
(3) An order made by a court under section 10 of the Crimes (Sentencing 10
Procedure) Act 1999 in any proceedings for an offence against this Act 11
or the regulations operates for the purposes of subsection (1) as a 12
conviction for the offence. 13
31 Recovery 14
Any charge, fee or money owing to the Trust may be recovered as a 15
debt due in a court of competent jurisdiction. 16
32 Regulations 17
(1) The Governor may make regulations, not inconsistent with this Act, for 18
or with respect to any matter that by this Act is required or permitted 19
to be prescribed or that is necessary or convenient to be prescribed for 20
carrying out or giving effect to this Act and, in particular, for or with 21
respect to: 22
(a) the use and enjoyment of the trust lands, and 23
(b) the care, control and management of the trust lands (including 24
regulating or prohibiting the parking and use of vehicles within 25
the trust lands), and 26
(c) the determination and payment of fees for: 27
(i) the use of recreation areas in the trust lands, and 28
(ii) the use of roadways or other areas within the trust lands 29
for organised activities, and 30
(iii) filming or photographing within the trust lands for the 31
purpose of cinema or television productions or for 32
commercial purposes, and 33
(iv) the use or purchase of any written or other material that 34
is the property of the Trust, and 35
(v) such other items or services as the Trust may provide, 36
and 37
Page 17
Clause 32 Quarantine Station Preservation Trust Bill 2002
Part 7 Miscellaneous
(d) the meetings of the Trust, and 1
(e) the committees of the Trust, and 2
(f) the use and custody of the seal of the Trust. 3
(2) A regulation may create an offence punishable by a penalty not 4
exceeding 10 penalty units. 5
(3) In this section, a reference to the trust lands includes a reference to any 6
part of the trust lands. 7
33 Savings and transitional regulations 8
(1) The regulations may contain provisions of a savings or transitional 9
nature consequent on the enactment of this Act. 10
(2) Any such provision may, if the regulations so provide, take effect from 11
the date of assent to this Act or a later date. 12
(3) To the extent to which any such provision takes effect from a date that 13
is earlier than the date of its publication in the Gazette, the provision 14
does not operate so as: 15
(a) to affect, in a manner prejudicial to any person (other than the 16
State or an authority of the State), the rights of that person 17
existing before the date of its publication, or 18
(b) to impose liabilities on any person (other than the State or an 19
authority of the State) in respect of anything done or omitted to 20
be done before the date of its publication. 21
34 Amendment of other Acts 22
The Acts specified in Schedule 4 are amended as set out in that 23
Schedule. 24
Page 18
Quarantine Station Preservation Trust Bill 2002
Trust lands Schedule 1
Schedule 1 Trust lands 1
(Section 8) 2
Portion 2763 comprising Parkhill, Spring Cove and Quarantine Station South 3
precincts (but excluding that part of portion 2763 east and north of the southern 4
stone wall extending to the Old Man's Hat), and portion 2765 comprising 5
Quarantine Station Core Precinct, in the Parish of Manly Cove, County of 6
Cumberland. 7
Page 19
Quarantine Station Preservation Trust Bill 2002
Schedule 2 Provisions relating to the trustees
Schedule 2 Provisions relating to the trustees 1
(Section 5 (3)) 2
1 Chairperson of the Trust 3
(1) One of the trustees is to be appointed as Chairperson of the Trust by 4
the relevant instrument of appointment as a trustee or by another 5
instrument executed by the Minister. 6
(2) The Minister may remove a trustee from the office of Chairperson. 7
(3) The Chairperson is taken to have vacated the office of Chairperson if 8
the Chairperson: 9
(a) is removed from that office by the Minister under subclause (2), 10
or 11
(b) resigns that office by instrument in writing addressed to the 12
Minister, or 13
(c) ceases to be a trustee. 14
2 Acting trustees and acting Chairperson 15
(1) The Minister may, from time to time, appoint a person to act in the 16
office of a trustee during the illness or absence of the trustee, and the 17
person, while so acting, has and may exercise all the functions of the 18
trustee and is taken to be a trustee. 19
(2) The Minister may, from time to time, appoint a trustee to act in the 20
office of Chairperson during the illness or absence of the Chairperson, 21
and the trustee, while so acting, has and may exercise all the functions 22
of the Chairperson and is taken to be the Chairperson. 23
(3) The Minister may remove any person from any office to which the 24
person was appointed under this clause. 25
(4) A person while acting in the office of a trustee is entitled to be paid 26
such remuneration (including travelling and subsistence allowances) 27
as the Minister may from time to time determine in respect of the 28
person. 29
(5) For the purposes of this clause, a vacancy in the office of a trustee or 30
the Chairperson is taken to be an absence from office of the trustee or 31
Chairperson, as the case may be. 32
Page 20
Quarantine Station Preservation Trust Bill 2002
Provisions relating to the trustees Schedule 2
3 Term of office 1
Subject to this Schedule, a trustee holds office for such period, not 2
exceeding 4 years, as may be specified in the instrument of 3
appointment of the trustee, but is eligible (if otherwise qualified) for 4
re-appointment. 5
4 Remuneration 6
(1) A trustee is entitled to be paid such remuneration (including travelling 7
and subsistence allowances) as the Minister may from time to time 8
determine in respect of the trustee. 9
(2) In this clause: 10
trustee includes any member of a committee of the Trust. 11
5 Casual vacancies 12
(1) The office of a trustee becomes vacant if the trustee: 13
(a) dies, or 14
(b) completes a term of office and is not re-appointed, or 15
(c) resigns the office by instrument in writing addressed to the 16
Minister, or 17
(d) is removed from office by the Minister under this clause, or 18
(e) is absent from 3 consecutive meetings of the Trust of which 19
reasonable notice has been given to the trustee personally or by 20
post, except on leave granted by the Minister or unless the 21
trustee is excused by the Minister for having been absent from 22
those meetings, or 23
(f) becomes bankrupt, applies to take the benefit of any law for the 24
relief of bankrupt or insolvent debtors, compounds with his or 25
her creditors or makes an assignment of his or her remuneration 26
for their benefit, or 27
(g) becomes a mentally incapacitated person, or 28
(h) is convicted in New South Wales of an offence that is 29
punishable by imprisonment for 12 months or more or is 30
convicted elsewhere than in New South Wales of an offence 31
that, if committed in New South Wales, would be an offence so 32
punishable. 33
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Quarantine Station Preservation Trust Bill 2002
Schedule 2 Provisions relating to the trustees
(2) The Minister may at any time remove a trustee from office. 1
(3) Without limiting the generality of subclause (2), the Minister may 2
remove from office a trustee who contravenes the provisions of 3
clause 7. 4
6 Filling of vacancy in office of trustee 5
If the office of any trustee becomes vacant, a person is, subject to this 6
Act, to be appointed to fill the vacancy. 7
7 Disclosure of pecuniary interests 8
(1) If: 9
(a) a trustee has a direct or indirect pecuniary interest in a matter 10
being considered or about to be considered at a meeting of the 11
Trust, and 12
(b) the interest appears to raise a conflict with the proper 13
performance of the trustee's duties in relation to the 14
consideration of the matter, 15
the trustee must, as soon as possible after the relevant facts have come 16
to the trustee's knowledge, disclose the nature of the interest at a 17
meeting of the Trust. 18
(2) A disclosure by a trustee at a meeting of the Trust that the trustee: 19
(a) is a member, or is in the employment, of a specified company 20
or other body, or 21
(b) is a partner, or is in the employment, of a specified person, or 22
(c) has some other specified interest relating to a specified 23
company or other body or to a specified person, 24
is a sufficient disclosure of the nature of the interest in any matter 25
relating to that company or other body or to that person that may arise 26
after the date of the disclosure and that is required to be disclosed 27
under subclause (1). 28
(3) Particulars of any disclosure made under this clause must be recorded 29
by the Trust in a book kept for the purpose and that book must be open 30
at all reasonable hours to inspection by any person on payment of the 31
fee determined by the Trust. 32
Page 22
Quarantine Station Preservation Trust Bill 2002
Provisions relating to the trustees Schedule 2
(4) After a trustee has disclosed the nature of an interest in any matter, the 1
trustee must not, unless the Minister otherwise determines: 2
(a) be present during any deliberation of the Trust with respect to 3
the matter, or 4
(b) take part in any decision of the Trust with respect to the matter. 5
(5) A contravention of this clause does not invalidate any decision of the 6
Trust. 7
(6) A reference in this clause to a meeting of the Trust includes a reference 8
to a meeting of a committee of the Trust. 9
8 Effect of certain other Acts 10
(1) Chapter 2 of the Public Sector Employment and Management Act 2002 11
does not apply to or in respect of the appointment of a trustee. 12
(2) If by or under any Act provision is made: 13
(a) requiring a person who is the holder of a specified office to 14
devote the whole of his or her time to the duties of that office, 15
or 16
(b) prohibiting the person from engaging in employment outside 17
the duties of that office, 18
the provision does not operate to disqualify the person from holding 19
that office and also the office of a trustee or from accepting and 20
retaining any remuneration payable to the person under this Act as a 21
trustee. 22
9 Liability of trustees 23
No matter or thing done by the Trust, any trustee or any person acting 24
under the direction of the Trust, if the matter or thing was done in good 25
faith for the purposes of executing this or any other Act, subjects a 26
trustee or a person so acting personally to any action, liability, claim or 27
demand. 28
Page 23
Quarantine Station Preservation Trust Bill 2002
Schedule 3 Provisions relating to the procedure of the Trust
Schedule 3 Provisions relating to the procedure of the 1
Trust 2
(Section 5 (4)) 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
The quorum for a meeting of the Trust is 3 trustees. 9
3 Presiding trustee 10
(1) The Chairperson (or, in the absence of the Chairperson, another trustee 11
elected to chair the meeting by the trustees present) is to preside at a 12
meeting of the Trust. 13
(2) The presiding member has a deliberative vote and, in the event of an 14
equality of votes, has a second or casting vote. 15
4 Voting 16
A decision supported by a majority of the votes cast at a meeting of the 17
Trust at which a quorum is present is the decision of the Trust. 18
5 Transaction of business outside meetings or by telephone 19
(1) The Trust may, if it thinks fit, transact any of its business by the 20
circulation of papers among all the trustees of the Trust for the time 21
being, and a resolution in writing approved in writing by a majority of 22
those trustees is taken to be a decision of the Trust. 23
(2) The Trust may, if it thinks fit, transact any of its business at a meeting 24
at which trustees (or some trustees) participate by telephone, 25
closed-circuit television or other means, but only if any trustee who 26
speaks on a matter before the meeting can be heard by the other 27
trustees. 28
Page 24
Quarantine Station Preservation Trust Bill 2002
Provisions relating to the procedure of the Trust Schedule 3
(3) For the purposes of: 1
(a) the approval of a resolution under subclause (1), or 2
(b) a meeting held in accordance with subclause (2), 3
the Chairperson and each trustee have the same voting rights as they 4
have at an ordinary meeting of the Trust. 5
(4) A resolution approved under subclause (1) is, subject to the 6
regulations, to be recorded in the minutes of the meetings of the Trust. 7
(5) Papers may be circulated among the trustees for the purposes of 8
subclause (1) by facsimile or other transmission of the information in 9
the papers concerned. 10
6 Minutes 11
The Trust must cause full and accurate minutes to be kept of the 12
proceedings of each meeting of the Trust. 13
7 The Director 14
The Director is entitled to be heard by the Trust on any matter 15
considered by the Trust and, unless the Trust otherwise directs, is 16
entitled to be present at each meeting of the Trust. 17
8 First meeting 18
The Minister may call the first meeting of the Trust in such manner as 19
the Minister thinks fit. 20
Page 25
Quarantine Station Preservation Trust Bill 2002
Schedule 4 Amendments to other Acts
Schedule 4 Amendments to other Acts 1
(Section 34) 2
4.1 Fines Act 1996 No 99 3
Schedule 1 Statutory provisions under which penalty notices 4
issued 5
Insert in alphabetical order: 6
Quarantine Station Preservation Trust Act 2002, section 26 7
4.2 Public Finance and Audit Act 1983 No 152 8
Schedule 2 Statutory bodies 9
Insert in alphabetical order: 10
Quarantine Station Preservation Trust 11
Page 26
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