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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LEGACY TRUST FUND BILL
2000
Queensland
LEGACY TRUST FUND BILL 2000
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Application of Act and relationship with the Trusts Act 1973 . . . . . . . . . . . 4
5 Fund money is a controlled receipt on and after commencing day . . . . . . . 4
6 Limitation on spending the fund money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7 Declaration, prohibition and barring of actions . . . . . . . . . . . . . . . . . . . . . . . 5
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 6
DICTIONARY
2000
A BILL
FOR
An Act to provide for the money standing to the credit of the Legacy
Trust Fund and related accounts and funds of the department
s1 4 s6
Legacy Trust Fund
The Parliament of Queensland enacts-- 1
title 2
Short
1. This Act may be cited as the Legacy Trust Fund Act 2000. 3
4
Commencement
2. This Act commences on a day to be fixed by proclamation. 5
6
Definitions
3. The dictionary in the schedule defines particular words used in this 7
Act. 8
of Act and relationship with the Trusts Act 1973 9
Application
4.(1) This Act applies to the amount standing to the credit of the fund 10
immediately before the commencing day (the "fund money"). 11
(2) If there is an inconsistency between this Act and the Trusts Act 1973, 12
this Act prevails to the extent of the inconsistency. 13
money is a controlled receipt on and after commencing day 14
Fund
5. On and after the commencing day, the fund money is a controlled 15
receipt of the department for this Act and any other Act. 16
on spending the fund money 17
Limitation
6. The Minister may spend all or part of the fund money only for the 18
following purposes-- 19
(a) a purpose that benefits persons with a vision impairment, 20
including, for example, children and workers with a vision 21
impairment; 22
(b) another purpose the Minister reasonably considers is consistent 23
s7 5 s7
Legacy Trust Fund
with any stated condition or purpose related to an amount 1
comprising the fund money. 2
prohibition and barring of actions 3
Declaration,
7.(1) The following matters relating to the fund and the fund money 4
end-- 5
(a) a right, other than the right of the State, to the fund or the fund 6
money; 7
(b) a liability or fiduciary obligation of the State or a State entity, 8
relating to the fund or the fund money. 9
(2) A person may not make-- 10
(a) an application under the Trusts Act 1973 relating to the fund or 11
fund money; or 12
(b) another application or a claim relating to the fund or fund money 13
against the State or a State entity for an act, omission or decision, 14
or apprehended act, omission or decision, of the State or the State 15
entity, done or made in the exercise or purported exercise, of a 16
power conferred by law or by an instrument creating a trust. 17
(3) If a proceeding arising out of an application or claim mentioned in 18
subsection (2) started before the commencing day, the proceeding is stayed 19
and the court concerned must dismiss it without making an order as to 20
costs. 21
6
Legacy Trust Fund
SCHEDULE 1
¡
DICTIONARY 2
section 3 3
"commencing day" means the day section 5 commences. 4
"controlled receipt" see Financial Administration and Audit Act 1977, 5
section 4(2). 6
"fund" means-- 7
(a) the departmental account of the department under the Financial 8
Administration and Audit Act 1977 called `Legacy Trust Fund'; or 9
(b) another account or fund of the department, however called-- 10
(i) established or operated for the benefit of persons with vision 11
impairment; and 12
(ii) into which a bequest, contribution, donation, gift or grant has 13
been received. 14
15
Examples of other accounts--
16
1. Queensland Talking Book Library Trust Fund
17
2. Queensland Talking Book Library-Legacy Trust Account
18
3. Queensland Industrial Institution for the Blind Legacy Trust Account
19
4. Department of Health and Home Affairs (Legacy Trust Account).
"fund money" see section 4(1). 20
"stated condition or purpose" means a stated condition or purpose in a 21
trust or will, or as part of a bequest, contribution, donation, gift or 22
grant. 23
"State entity" means-- 24
(a) a Minister or a person who was a Minister; or 25
(b) a person employed or previously employed by the State; or 26
7
Legacy Trust Fund
SCHEDULE (continued)
(c) another person who is or was an agent of the State in relation to 1
the fund. 2
© State of Queensland 2000
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