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TASMANIA
__________
NATIONAL TRUST OF AUSTRALIA
(TASMANIA) AMENDMENT BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2 amended (Interpretation)
5. Part IV inserted
PART IV - Appointment, powers, &c., of Administrator
22. Appointment of Administrator
23. Functions and powers, &c., of Administrator
24. Provisions relating to office of Administrator
25. Expenses of administration
26. Liability for losses incurred during
administration
[Bill 88]-I
2
NATIONAL TRUST OF AUSTRALIA
(TASMANIA) AMENDMENT BILL 2004
(Brought in by the Minister for Tourism, Parks and
Heritage, the Honourable Kenneth John Bacon)
A BILL FOR
An Act to amend the National Trust of Australia
(Tasmania) Act 1975
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the National Trust of
Australia (Tasmania) Amendment Act 2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the National Trust of Australia (Tasmania)
Act 1975* is referred to as the Principal Act.
*No. 45 of 1975
[Bill 88] 3
s. 4 No. National Trust of Australia (Tasmania) 2004
Amendment
Section 2 amended (Interpretation)
4. Section 2 of the Principal Act is amended as follows:
(a) by inserting "(1)" before "In this Act";
(b) by inserting the following subsection:
(2) If an Administrator is appointed
under section 22 -
(a) the definition of "Council" includes
the Administrator except in
section 10; and
(b) the definition of "executive officer"
includes the Administrator; and
(c) the definition of "Trust" includes
the Administrator except in
sections 3(2), 4, 4A, 5, 8,
12A(2)(a) and (b), 12A(3) and
Schedule 1.
Part IV inserted
5. After section 21 of the Principal Act, the following Part
is inserted:
PART IV - APPOINTMENT, POWERS, &C., OF
ADMINISTRATOR
Appointment of Administrator
22. (1) The Minister may, by instrument in writing,
appoint an Administrator to administer the affairs,
activities, business and management of the Trust if
the Minister is satisfied that it is in the public
interest for an Administrator to be appointed.
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2004 National Trust of Australia (Tasmania) No. s. 5
Amendment
(2) The term for which the Administrator is to
be appointed is not to exceed 2 years.
(3) A State Service officer or State Service
employee may hold office as Administrator in
conjunction with State Service employment.
Functions and powers, &c., of Administrator
23. (1) On the appointment of an Administrator
under section 22, the Minister must serve on the
Trust a copy of the instrument of appointment and,
on the service of that instrument -
(a) the functions and powers of the Trust,
the Council and the officers of the Trust
are to be performed and exercised by the
Administrator in the name and on
behalf of the Trust or Council for the
period specified in his or her instrument
of appointment; and
(b) the members of the Council and the
officers of the Trust cease to hold office;
and
(c) the Administrator is to assume and be
responsible for the management, and be
responsible for the affairs, activities and
business, of the Trust; and
(d) any delegation made by the Council
ceases to have effect.
(2) Subject to this section, an Administrator
appointed under this section -
(a) as soon as practicable after his or her
appointment, is to take into his or her
5
s. 5 No. National Trust of Australia (Tasmania) 2004
Amendment
custody or under his or her control all
the property and things in action to
which the Trust and Council is or
appears to be entitled; and
(b) subject to and in accordance with any
direction that may be given to the
Administrator by the Minister, is to
perform the functions and exercise the
powers of the Trust and Council in such
manner as the Administrator thinks fit.
(3) Nothing contained in the rules limits the
powers of an Administrator during the term of his or
her office and the Administrator may perform his or
her functions and exercise his or her powers
notwithstanding anything contained in the rules.
(4) During the period of administration of the
Trust -
(a) the Administrator may seek advice from
the President and the chairpersons of
the Regional Committees; and
(b) the Minister is to consult with persons
to ensure that appropriate provision is
made for the future of the Trust; and
(c) the Administrator may take such action
and do such things as the Administrator
considers necessary to ensure the proper
management of the affairs, activities
and business of the Trust both during
and after the period of administration.
(5) In this section -
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2004 National Trust of Australia (Tasmania) No. s. 5
Amendment
"officers of the Trust" means the executive
officer and the treasurer of the Trust
and any acting treasurer of the Trust.
Provisions relating to office of Administrator
24. (1) An Administrator appointed under
section 22 is taken to have vacated office if -
(a) he or she dies; or
(b) he or she becomes bankrupt, applies to
take the benefit of any law for the relief
of bankrupt or insolvent debtors,
compounds with his or her creditors or
makes an assignment of his or her
remuneration or estate for their benefit;
or
(c) he or she is convicted, in Tasmania or
elsewhere, of a crime or an offence
punishable by imprisonment for a term
of 12 months or longer; or
(d) he or she resigns by written notice given
to the Minister; or
(e) his or her appointment is revoked by the
Minister under subsection (2).
(2) The Minister may revoke the appointment
of an Administrator appointed under section 22.
(3) If the office of Administrator is taken to
have been vacated under subsection (1), the Minister
may, by instrument in writing, appoint another
person to fill the vacancy for the remainder of the
Administrator's term of office.
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s. 5 No. National Trust of Australia (Tasmania) 2004
Amendment
(4) An Administrator appointed under
section 22 is to be paid such remuneration,
allowances and expenses as the Minister may
determine.
(5) Notwithstanding subsection (4), if a State
Service officer or State Service employee is
appointed as Administrator under section 22, he or
she is entitled to receive, by way of remuneration,
allowances and expenses, such amounts as the
Minister administering the State Service Act 2000
may determine.
Expenses of administration
25. (1) The expenses of and incidental to the
administration of the affairs, activities, business and
management of the Trust and Council by an
Administrator appointed under section 22 are
payable by the Trust.
(2) The remuneration, allowances and
expenses of an Administrator appointed under
section 22 who is not a State Service officer or State
Service employee are not expenses referred to in
subsection (1) and are payable by the Crown.
(3) If an Administrator appointed under
section 22 is a State Service officer or State Service
employee, the amount determined by the Minister
administering the State Service Act 2000 in respect
of the remuneration, allowances and expenses of the
officer or employee is not an expense referred to in
subsection (1) and is payable by the Crown.
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2004 National Trust of Australia (Tasmania) No. s. 5
Amendment
Liability for losses incurred during
administration
26. An Administrator appointed under section 22
does not incur legal liability for any loss incurred by
the Trust or Council, or by the Administrator while
acting in good faith in his or her capacity as
Administrator, during his or her term of office
unless the loss was attributable to -
(a) his or her wilful misconduct; or
(b) his or her gross negligence; or
(c) his or her wilful failure to comply with
any provision of this Act.
Government Printer, Tasmania 9