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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LANG PARK TRUST BILL
1994
Queensland
LANG PARK TRUST BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--THE TRUST AND ITS BOARD
Division 1--Establishment, functions and powers of the Trust
4 Establishment of Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Trust is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Trust does not represent State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Trust is an exempt public authority under Corporations Law . . . . . . . . . . . . 5
8 Trust's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 Management of Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
10 Trust's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 2--Board of trustees
11 The Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
12 Role of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13 Composition of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 3--Provisions about trustees
14 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
15 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
16 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
18 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2
Lang Park Trust
Division 4--Business of the Board
19 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
20 Disclosure of interests by trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
21 Departmental officer to attend Board meetings . . . . . . . . . . . . . . . . . . . . . . 9
Division 5--Miscellaneous
22 The Trust's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
23 Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
24 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 3--TRUST PROPERTY
25 Trust property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
26 Restriction on Trust's power to sell land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 4--MISCELLANEOUS
27 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
28 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 5--REPEALS AND TRANSITIONAL
29 Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
30 Effect of passing of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
31 Redevelopment of site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
32 Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 14
DESCRIPTION OF TRUST LAND
1994
A BILL
FOR
An Act to consolidate and amend the law about the development and
management of Lang Park, and for related purposes
s1 4 s4
Lang Park Trust
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Lang Park Trust Act 1994. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
7
Definitions
3. In this Act-- 8
"Board" means the Board of Trustees.1 9
"Trust" means the Lang Park Trust.2 10
ART 2--THE TRUST AND ITS BOARD 11
P
1--Establishment, functions and powers of the Trust 12
Division
of Trust 13
Establishment
4. The trust established under section 3 of the Lang Park Trust Act 1962 14
is continued in existence under the name, the Lang Park Trust. 15
1 See section 12.
2 See section 4.
s5 5 s9
Lang Park Trust
is a body corporate etc. 1
Trust
5.(1) The Trust-- 2
(a) is a body corporate; and 3
(b) has a seal; and 4
(c) may sue and be sued in its corporate name. 5
(2) The Trust is a statutory body within the meaning of the-- 6
(a) Financial Administration and Audit Act 1977; and 7
(b) Statutory Bodies Financial Arrangements Act 1982. 8
does not represent State 9
Trust
6. The Trust does not represent the State. 10
is an exempt public authority under Corporations Law 11
Trust
7. The Trust is an exempt public authority under the Corporations Law. 12
functions 13
Trust's
8. The Trust's functions are to-- 14
(a) maintain Lang Park as one of Brisbane's major sporting venues 15
of comparable standard to corresponding facilities in other 16
Australian capital cities; and 17
(b) maintain Lang Park to a standard appropriate for the conduct of 18
international and interstate sporting events; and 19
(c) provide and maintain facilities for patrons that will encourage 20
public attendance at events conducted at Lang Park. 21
of Trust 22
Management
9.(1) The Trust must manage Lang Park in a way that-- 23
(a) is consistent with sound commercial principles and produces an 24
annual cash surplus over operating costs and committed debt 25
repayment; and 26
s 10 6 s 12
Lang Park Trust
(b) enables the standard and status of Lang Park to be steadily 1
enhanced. 2
(2) In managing Lang Park, the Trust must have regard to the needs of 3
the tenants of Lang Park with a view to implementing policies for the 4
mutual benefit of the tenants and the Trust and for the improvement of the 5
sports played at Lang Park. 6
powers 7
Trust's
10.(1) The Trust may do all things necessary or convenient to be done 8
for, or in connection with, performing its functions. 9
(2) Without limiting subsection (1), the Trust has the powers given to it 10
by this Act. 11
(3) Without limiting subsection (1), the Trust has, for or in connection 12
with performing its functions, all the powers of an individual, and may, for 13
example-- 14
(a) enter into contracts; and 15
(b) acquire, hold, dispose of, and deal with property; and 16
(c) appoint agents and attorneys; and 17
(d) charge, and fix terms for goods, services and information 18
supplied by it; and 19
(e) engage consultants. 20
Division 2--Board of trustees 21
Board 22
The
11. There is a board of trustees of the Trust. 23
of Board 24
Role
12. It is the role of the Board-- 25
(a) to decide the objectives, strategies and policies to be followed by 26
the Trust; and 27
s 13 7 s 18
Lang Park Trust
(b) to ensure the Trust performs its functions in a proper, effective 1
and efficient way. 2
of Board 3
Composition
13. The Board consists of 4 trustees. 4
Division 3--Provisions about trustees 5
6
Appointment
14. The trustees are appointed by the Governor in Council. 7
of appointment 8
Duration
15. The appointment of a trustee is for the term (not longer than 3 years) 9
stated in the trustee's instrument of appointment. 10
of appointment 11
Conditions
16. A trustee holds office on the conditions decided by the Governor in 12
Council. 13
14
Chairperson
17. The Minister must nominate 1 of the trustees as chairperson of the 15
Board. 16
of appointment 17
Termination
18.(1) The Governor in Council may terminate the appointment of a 18
trustee-- 19
(a) if the trustee is convicted of an indictable offence; or 20
(b) if the trustee engages in misconduct or neglect of duty; or 21
(c) if the trustee contravenes this Act without reasonable excuse; or 22
(d) if the trustee cannot perform the functions of office because of 23
s 19 8 s 20
Lang Park Trust
physical or mental incapacity; or 1
(e) if the trustee becomes bankrupt, applies to take the benefit of a 2
law for the relief of bankrupt or insolvent debtors, compounds 3
with the trustee's creditors or transfers the trustee's remuneration 4
for the creditor's benefit. 5
(2) The Governor in Council may, at any time, terminate the appointment 6
of all or any trustees for any reason or none. 7
4--Business of the Board 8
Division
onduct of business 9
C
19. The Board may conduct its business (including its meetings) in the 10
way it considers appropriate. 11
of interests by trustees 12
Disclosure
20.(1) If-- 13
(a) a trustee has a direct or indirect financial interest in an issue being 14
considered, or about to be considered, by the Board; and 15
(b) the interest could conflict with the proper performance of the 16
trustee's duties in considering the issue; 17
the trustee must disclose the nature of the interest at a meeting of the Board 18
as soon as practicable after the trustee becomes aware of the possible 19
conflict of interest. 20
(2) The disclosure must be recorded in the Board's minutes and, unless 21
the Board otherwise decides, the trustee must not-- 22
(a) be present when the Board considers the issue; or 23
(b) take part in any decision of the Board on the issue. 24
(3) A trustee who makes a disclosure must not-- 25
(a) be present when the Board is considering whether or not the 26
trustee should be present when the Board considers the issue; or 27
(b) take part in a decision by the Board under subsection (2). 28
s 21 9 s 23
Lang Park Trust
(4) For the purposes of this section, a person is not taken to have a direct 1
or indirect financial interest in an issue merely because the issue involves a 2
tenant of which the person is a member, associate or employee. 3
officer to attend Board meetings 4
Departmental
21.(1) The Minister may nominate an officer of the department to attend 5
Board meetings. 6
(2) The Board must give the officer notice of each Board meeting-- 7
(a) for an ordinary meeting--5 business days before the meeting; 8
and 9
(b) for another meeting--2 business days before the meeting. 10
(3) The officer may take part in Board meetings but must not take part in 11
a decision of the Board. 12
Division 5--Miscellaneous 13
Trust's seal 14
The
22.(1) The Trust's seal must be kept in the custody of the person the 15
Board directs. 16
(2) The seal may be used only as authorised by the Board. 17
(3) Judicial notice must be taken of the imprint of the Trust's seal 18
appearing on a document and the document must be presumed to have been 19
properly sealed until the contrary is proved. 20
notice of certain signatures 21
Judicial
23. Judicial notice must be taken of-- 22
(a) the official signature of a person who is or has been the 23
chairperson; and 24
(b) the fact the person holds or has held the office of chairperson. 25
s 24 10 s 26
Lang Park Trust
of documents 1
Authentication
24.(1) A document made by the Trust (other than a document that is 2
required to be sealed) is sufficiently made if it is signed by the chairperson 3
or a person authorised by the Trust. 4
(2) A document made by the Trust under seal is sufficiently made under 5
seal if it is sealed and signed by the chairperson or a person authorised by 6
the Trust. 7
ART 3--TRUST PROPERTY 8
P
property 9
Trust
25.(1) The Trust property, including the Trust land described in the 10
Schedule, is held on trust for sporting and recreation purposes. 11
(2) However, the Trust may use the land for a purpose not mentioned in 12
subsection (1) with the Minister's written approval. 13
(3) The Trust land is a public place within the meaning of an Act-- 14
(a) conferring or imposing on police officers powers or duties about 15
public places; or 16
(b) providing for the punishment of offences committed in public 17
places. 18
(4) No part of the Trust property is distributable, whether by way of 19
division of profits or by way of distribution of assets, among the tenants. 20
on Trust's power to sell land 21
Restriction
26.(1) Despite section 10, the Trust must not sell an estate in fee simple 22
in Trust land without first obtaining the Governor in Council's approval. 23
(2) The Governor in Council may impose conditions on a sale approved 24
under subsection (1). 25
(3) If an estate in fee simple in the Trust land is sold-- 26
(a) the land is no longer subject to the trusts imposed under this Act; 27
s 27 11 s 30
Lang Park Trust
and 1
(b) the Registrar of Titles must make an appropriate record in the 2
freehold land register. 3
ART 4--MISCELLANEOUS 4
P
5
Register
27.(1) The Board must keep a register called the Lang Park Trust, 6
Register of Trustees. 7
(2) The register may be kept in the form the Board consider appropriate 8
but must be kept in the custody of the person the Board directs. 9
(3) The person who has custody of the register is to record in it the 10
names and other appropriate particulars of the trustees. 11
12
Regulations
28. The Governor in Council may make regulations under this Act. 13
PART 5--REPEALS AND TRANSITIONAL 14
15
Secretary
29. The person who immediately before the commencement of this Act 16
was Secretary of the Trust continues to hold office on the same conditions 17
that applied immediately before the commencement. 18
of passing of this Act 19
Effect
30.(1) All the assets and liabilities of the Trust immediately before the 20
commencement of this Act continue to be the assets and liabilities of the 21
Trust. 22
s 31 12 s 32
Lang Park Trust
(2) This Act does not affect-- 1
(a) any membership rights a person had to Lang Park immediately 2
before the commencement; and 3
(b) any interest (other than as a beneficiary of the Trust) a person had 4
in the property of the Trust immediately before the 5
commencement. 6
(3) This section is enacted to remove any doubt. 7
(4) This section expires on the day it commences. 8
(5) This section is a law to which section 20A of the Acts Interpretation 9
Act 1954 applies. 10
of site 11
Redevelopment
31.(1) In this section-- 12
"planning scheme" means the planning scheme for the City of Brisbane, 13
in force for the time being, under the Local Government (Planning 14
and Environment) Act 1990. 15
"site" means the land described as Lot 354 on RP 227068 in the County of 16
Stanley, Parish of North Brisbane, City of Brisbane. 17
(2) Despite any other Act, the planning scheme does not apply to the site. 18
(3) The Trust is taken to be a statutory body declared under 19
section 4(5)(a)(iii) (Crown to be bound) of the Building Act 1975. 20
(4) To remove any doubt, the redevelopment of the site is not unlawful 21
only because of the absence of an approval by the Brisbane City Council. 22
(5) This section expires on 1 July 1995. 23
repealed 24
Acts
32. The following Acts are repealed-- 25
· Lang Park Trust Act 1962 No. 21 26
· Lang Park Trust Act Amendment Act 1981 No. 58 27
· Lang Park Trust Act Amendment Act 1986 No. 2 28
s 32 13 s 32
Lang Park Trust
· Lang Park Trust Act Amendment Act 1988 No. 104 1
· Lang Park Trust Amendment Act 1993 No. 58. 2
3
14
Lang Park Trust
CHEDULE 1
¡S
ESCRIPTION OF TRUST LAND 2
D
section 25 3
1. The land described as Lot 354 on RP 227068 in the County of Stanley, 4
Parish of North Brisbane, City of Brisbane. 5
2. The land described as Lot 1163 on Plan SL 7066 County of Stanley, 6
Parish of Enoggera. 7
3. The land described as Lot 3 on SL 11076 in the County of Stanley, 8
Parish of North Brisbane. 9
4. The land described as Lot 4 on SL 11076 in the County of Stanley, 10
Parish of North Brisbane. 11
5. The land described as Lot 5 on SL 11076 in the County of Stanley, 12
Parish of North Brisbane. 13
14
© State of Queensland 1994
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