New South Wales Consolidated Acts

NATIONAL TRUST OF AUSTRALIA (NEW SOUTH WALES) ACT 1990 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 39)

1 Definitions

In this Schedule:
"administrator" means the person appointed for the time being under section 13A of the Charitable Collections Act 1934 to be administrator of the Trust.
"former Act" means The National Trust of Australia (New South Wales) Act 1960 .

2 First election of directors

As soon as practicable after the Minister approves rules under clause 6:

(a) the elected directors (within the meaning of Schedule 1) are to be elected, and

(b) the result of the election is to be declared.

3 First Executive Director

The first Executive Director of the Board is to be appointed by the administrator for a term not exceeding 2 years and is not subject to removal by the Board during the term of that appointment.

4 Revocation of appointment of administrator

The administrator is to declare the result of the first election of directors after the commencement of this Schedule by notice sent by post to the members of the Trust and the administrator’s appointment is thereupon revoked.

5 Appointments etc before commencement

(1) For the purposes only of enabling the Board to be constituted in accordance with this Act on or after (but not before) the commencement of section 8 (The Board), appointments may be made and elections may be held under this Act, and anything else may be done, before that commencement, as if the whole of this Act commenced on the date of assent.

(2) No appointment as a director of the Board as so constituted takes effect before the commencement of section 8.

6 Rules

(1) The Minister is to approve rules containing such provisions as the Minister thinks fit as the new rules of the Trust.

(2) The rules so approved by the Minister replace the current rules of the Trust and, on the commencement of section 33 (Rules), are to be regarded as having been made under that section by the Trust in general meeting and may accordingly be amended or revoked by the Trust in general meeting.

7 By-laws under former Act

The by-laws in force under the former Act immediately before its repeal continue in force as if they had been made by the Board under this Act and may be amended or revoked accordingly.

8 References to The National Trust of Australia (New South Wales)

From the commencement of section 8 (The Board) a reference in any instrument to The National Trust of Australia (New South Wales) is to be read as a reference to the Trust.

9 Current investments authorised to be retained

The Trust may retain and hold any investment held by the Trust under section 19 of the former Act immediately before the repeal of that section even if that investment would not be authorised under this Act.

10 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect as from the date of assent to this Act or a later date.

(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.