New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 25)
In this Schedule:
"commencement" means the commencement of this Schedule.
"former Act" means the Art Gallery of New South Wales Act 1958 , repealed by
this Act.
"former trustees" means the trustees incorporated by section 4 of the former
Act, under the name of “The Trustees of the Art Gallery of New South
Wales”.
A reference:
(a) in any other Act, or in any by-law, regulation or ordinance or any other instrument or document whatever, to the former trustees in their capacity as trustees of any property under the former Act, or
(b) to the former trustees in any instrument in relation to any gift inter vivos, devise or bequest, which gift, devise or bequest would, but for the enactment of this Act, have vested in the former trustees in their capacity as trustees of any property under the former Act,shall be construed as a reference to the Trust.
(1) For the purposes of subclause (2) of this clause, a reference in that subclause to the former trustees is a reference to those trustees in their capacity as trustees of any property under the former Act.
(2) On and from the commencement:(a) all property, whether real or personal, all rights and interests therein and all control and management thereof that, immediately before the commencement, belonged to or was or were vested in the former trustees shall belong to and vest in the Trust,(b) all money and liquidated and unliquidated claims that, immediately before the commencement, was or were payable to or recoverable by the former trustees shall be money and liquidated and unliquidated claims payable to or recoverable by the Trust,(c) all money and liquidated and unliquidated claims for which the former trustees would, but for the enactment of this Act, have been liable shall be money and liquidated and unliquidated claims for which the Trust shall be liable,(d) all proceedings commenced by the former trustees and pending immediately before the commencement shall be deemed to be proceedings pending on the commencement by the Trust and all proceedings so commenced by any person against the former trustees and pending immediately before the commencement shall be deemed to be proceedings pending on the commencement by that person against the Trust,(e) all contracts, agreements, arrangements and undertakings entered into with the former trustees and in force immediately before the commencement shall be deemed to be contracts, agreements, arrangements and undertakings entered into with the Trust,(f) the Trust may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this subclause and for the prosecution of proceedings so referred to, as the former trustees might have done but for the enactment of this Act, and(g) all acts, matters and things done or omitted by, or done or suffered in relation to, the former trustees, being acts, matters or things not referred to in the foregoing provisions of this subclause, shall have the same force and effect as if they had been done or omitted by, or done or suffered in relation to, the Trust.
Where any property, right or interest referred to in clause 3 (2) (a):
(a) was acquired by the former trustees before the commencement in their capacity as trustees of any property under the former Act, by gift inter vivos, devise or bequest, subject to a condition agreed to by the former trustees, and
(b) was held by the former trustees in such a capacity immediately before the commencement,the Trust shall, on the commencement, be deemed to have agreed under section 8 (3), to the condition subject to which the property, right or interest, as the case may be, was acquired.
(1) The by-laws made under the former Act and in force immediately before the commencement shall, to the extent that they are not inconsistent with this Act, be deemed to be by-laws made under this Act.
(2) A reference, however expressed, in any other Act or instrument to by-laws made under the former Act shall be construed as a reference to by-laws made under this Act.
(3) Any person who:(a) was employed as Director of the Art Gallery of New South Wales under the Public Service Act 1979 immediately before the commencement, shall, on the commencement, be deemed to be appointed and employed as the Director pursuant to section 11 (1), and(b) was employed under the Public Service Act 1979 and was engaged in or in connection with the administration or management of any property, being property vested in the former trustees under the former Act, immediately before the commencement, shall, on the commencement, be deemed to be appointed and employed pursuant to section 11 (1).
(1) No matter or thing done, and no contract entered into, by the Trust and no matter or thing done by a trustee or by any other person acting under the direction of the Trust shall, if the matter or thing was done, or the contract was entered into, in good faith for the purposes of executing this Act, subject a trustee or person so acting personally to any action, liability, claim or demand.
(2) No matter or thing done, and no contract entered into, by the former trustees and no matter or thing done by a former trustee or by any person acting under the direction of the former trustees shall, if the matter or thing was done, or the contract was entered into, in good faith for the purposes of executing the former Act, subject a former trustee or person so acting personally to any action, liability, claim or demand.
The former trustees shall:
(a) prepare:(i) statements of all accounts in respect of the administration of property held by them under the former Act, made up to the commencement in a form approved by the Auditor-General and exhibiting a true and complete view of the financial position and transactions in respect of that administration, for the period from 1st July immediately preceding the commencement and up to the commencement, and(ii) a report of their work and activities in relation to the exercise of their functions under the former Act from 1st January immediately preceding the commencement and up to the commencement, and
(b) transmit the statements and report to the Trust as soon after the commencement as may be practicable.
The former trustees shall, on the commencement, cease to hold the offices to which they were last appointed under the former Act.
The amendment to section 6 made by the Statute Law (Miscellaneous Provisions) Act 2001 does not affect the appointment or term of office of a person who held office as a trustee immediately before the amendment took effect.
Clause 4 (5) of Schedule 1 does not apply to the initial term of a trustee appointed as a consequence of the amendment to section 6 made by the Statute Law (Miscellaneous Provisions) Act 2001 .