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This is a Bill, not an Act. For current law, see the Acts databases.


BOTANIC GARDENS AND PARKS AUTHORITY BILL 1998

                     WESTERN AUSTRALIA




     BOTANIC GARDENS AND PARKS
         AUTHORITY BILL 1998




                         ARRANGEMENT


                                                Page



                    PART 1 -- PRELIMINARY

1.      Short title                                 2
2.      Commencement                                2
3.      Interpretation                              2


     PART 2 -- BOTANIC GARDENS AND PARKS AUTHORITY

4.      Authority established                       5
5.      Agent of Crown                              5
6.      Board of management                         5
7.      Constitution and proceedings of board       6
8.      Remuneration of members                     6




                           No. 121 -- 2
            Botanic Gardens and Parks Authority
                         Bill 1998


           PART 3 -- FUNCTIONS AND POWERS

9.    Functions                                            7
10.   Powers                                               8
11.   Requirements for Ministerial approval               10
12.   Delegation                                          11
13.   Minister may give directions                        12
14.   Minister to have access to information              12


             PART 4 -- MANAGEMENT PLANS

15.   Authority to comply with management plans           14
16.   First management plans                              14
17.   Review and revision of management plans             15
18.   Content of management plans                         16
19.   Plans to be publicly notified                       16
20.   Public submissions                                  17
21.   Approval by Minister                                18
22.   Notice of approval                                  18


                       PART 5 -- STAFF

23.   Chief executive officer                             20
24.   Other staff                                         20
25.   Use of other government staff etc.                  20
26.   Park management officers                            21
27.   Identity cards                                      21
28.   Enforcement powers of park management officers      22
29.   Requirement to leave designated land                23
30.   Obstruction of park management officers             24


            PART 6 -- FINANCIAL PROVISIONS

31.   Funds of Authority                                  25
32.   Botanic Gardens and Parks Authority Account         25
33.   Borrowing from Treasurer                            26
34.   Other borrowing                                     26
35.   Guarantee by Treasurer                              27
36.   Effect of guarantee                                 27
37.   Application of Financial Administration and Audit
      Act 1985                                            28


                                ii
            Botanic Gardens and Parks Authority
                         Bill 1998


  PART 7 -- BOTANIC GARDENS AND PARKS FOUNDATION

38.   Botanic Gardens and Parks Foundation established    29
39.   Governing council                                   29
40.   Functions                                           29
41.   Powers                                              29
42.   Financial arrangements                              30
43.   Rules                                               31


                     PART 8 -- GENERAL

44.   Authority to be consulted                           32
45.   Protection from liability                           32
46.   Execution of documents by Authority                 32
47.   Confidentiality                                     33
48.   Liability for acts of children                      34
49.   Onus of proof in vehicle offences may be shifted    34
50.   Evidentiary provision -- speed measuring equipment   36
51.   Infringement notices                                36
52.   Notice placing onus on vehicle owner                38
53.   Regulations                                         39
54.   Review of Act                                       40
55.   Savings and transitional provisions                 40
56.   Consequential amendments                            40


           SCHEDULE 1 -- CONSTITUTION AND
               PROCEEDINGS OF BOARD

               Division 1 -- General provisions


1.    Term of office                                      41
2.    Resignation, removal, etc.                          41
3.    Leave of absence                                    41
4.    Chairperson unable to act                           42
5.    Member unable to act                                42
6.    Saving                                              42
7.    Calling of meetings                                 42
8.    Presiding officer                                   42
9.    Quorum                                              43
10.   Voting                                              43

                                   iii
              Botanic Gardens and Parks Authority
                           Bill 1998


11.     Minutes                                               43
12.     Resolution without meeting                            43
13.     Telephone or video meetings                           43
14.     Committees                                            43
15.     Board to determine own procedures                     43


             Division 2 -- Disclosure of interests etc.

16.     Disclosure of interests                               44
17.     Voting by interested members                          44
18.     Clause 17 may be declared inapplicable                44
19.     Quorum where clause 17 applies                        45
20.     Minister may declare clauses 17 and 19 inapplicable   45


 SCHEDULE 2 -- SAVINGS AND TRANSITIONAL PROVISIONS


1.      Definitions                                           46
2.      Dissolution of Board                                  46
3.      Devolution of assets, liabilities etc.                47
4.      Agreements and instruments                            47
5.      References to Board in written law                    48
6.      Chief executive officer                               48
7.      Staff                                                 48
8.      Rangers                                               48
9.      Annual reports for part of a year                     49
10.     Existing leases not affected                          49


      SCHEDULE 3 -- CONSEQUENTIAL AMENDMENTS TO
                     VARIOUS ACTS


1.      Constitution Acts Amendment Act 1899                  50
2.      Financial Administration and Audit Act 1985           50
3.      Government Employees Superannuation Act 1987          50
4.      Parks and Reserves Act 1895                           50
5.      Public Sector Management Act 1994                     51
6.      Sentencing Act 1995                                   51




                                    iv
                    WESTERN AUSTRALIA


                  LEGISLATIVE ASSEMBLY




                  (As amended in Committee)




 BOTANIC GARDENS AND PARKS
     AUTHORITY BILL 1998
                         A BILL FOR



AN ACT to make provision for --

          the establishment of an Authority to control and
          manage King's Park and other land;

          the management policies to be followed by the
          Authority in relation to that land;

          the establishment of a Foundation              with
          fund-raising and other functions; and

          the dissolution of the King's Park Board,

     to consequentially amend certain Acts, and for
     related purposes.



The Parliament of Western Australia enacts as follows:



                               1
                      Botanic Gardens and Parks Authority
cl. 1                              Bill 1998


                          PART 1 -- PRELIMINARY


        Short title

        1. This Act may be cited as the Botanic Gardens and Parks
        Authority Act 1998.


 5      Commencement

        2. This Act comes into operation on such day as is fixed by
        proclamation.


        Interpretation

        3.   In this Act, unless the contrary intention appears --

10           ''Account'' means the account referred to in section 32 (1);

             ''Authority'' means the Botanic Gardens and Parks
                  Authority established by section 4 (1);

             ''board'' means the board of management provided for by
                  section 6 and in Division 2 of Schedule 1 includes a
15                committee;

             ''chairperson'' means the chairperson of the board;

             ''chief executive officer'' means the person appointed as
                   such for the purposes of section 23;

             ''committee'' means a committee           established   under
20                clause 14 of Schedule 1;

             ''council'' means the council provided for in section 39;




                                        2
                Botanic Gardens and Parks Authority
                             Bill 1998                                cl. 3


     ''designated land'' means --
          (a)     King's Park;
          (b)     land reserved under the Land Administration
                  Act 1997 the care, control and management of
 5                which is placed with the Authority under that
                  Act; and
          (c)     land prescribed by the regulations for the
                  purposes of this definition;

     ''Foundation'' means the Botanic Gardens and Parks
10        Foundation established under section 38;

     ''Foundation Account'' means the account referred to in
          section 42 (1);

     ''function'', except in sections 9, 10, 40 and 41, includes
           power, duty and authority;

15   ''King's Park'' means all of the land from time to time
          within Reserve No. 1720 (known as King's Park)
          classified as of Class A;

     ''member'' means a member of the board and includes a
          person appointed under clause 5 of Schedule 1 and a
20        member of a committee;

     ''member of staff '' means the chief executive officer or a
          person referred to in section 24 (1) or 25;

     ''owner'', in relation to a vehicle, means --

          (a)     the person who holds the licence for the vehicle
25                that is required under the Road Traffic Act 1974;
                  or

          (b)     if the vehicle is not licensed under the Road
                  Traffic Act 1974, the person who owns the
                  vehicle or is entitled to its possession;

                                 3
                   Botanic Gardens and Parks Authority
cl. 3                           Bill 1998


        ''park management officer'' means --

             (a)     a person designated as such under section 26; or

             (b)     a police officer;

        ''regulations'' means regulations made under section 53;

 5      ''rules'' means rules made under section 43;

        ''vehicle'' has the same meaning as in the Road Traffic
              Act 1974.




                                         4
                   Botanic Gardens and Parks Authority
                                Bill 1998                              cl. 4


     PART 2 -- BOTANIC GARDENS AND PARKS AUTHORITY


     Authority established

     4. (1) There is established a body called the Botanic Gardens
     and Parks Authority.

 5     (2) The Authority is a body corporate with perpetual
     succession.

        (3) Proceedings may be taken by or against the Authority in
     its corporate name.


     Agent of Crown

10   5. The Authority is an agent of the Crown and enjoys the
     status, immunities and privileges of the Crown.


     Board of management

     6. (1) The Authority is to have a board of management
     comprising --

15        (a)   a chairperson;

          (b)   a deputy chairperson; and

          (c)   not less than 3 and not more than 6 other persons.

        (2) The board is the governing body of the Authority and, in
     the name of the Authority, is to perform the functions of the
20   Authority under this Act.

       (3) The members of the board are to be appointed by the
     Minister.



                                     5
                     Botanic Gardens and Parks Authority
cl. 7                             Bill 1998


           (4) The Minister is to ensure that each person appointed to
        the board has expertise that, in the Minister's opinion, is
        relevant to the functions of the Authority under this Act.


        Constitution and proceedings of board

 5      7. Schedule 1 has effect with respect to the board and its
        members.


        Remuneration of members

        8. A member is to be paid such remuneration and travelling
        and other allowances as are determined in his or her case by the
10      Minister on the recommendation of the Minister for Public Sector
        Management.




                                       6
                   Botanic Gardens and Parks Authority
                                Bill 1998                                  cl. 9


                 PART 3 -- FUNCTIONS AND POWERS


     Functions

     9. (1) The Authority has the care, control and management of
     the designated land for the purposes set out in subsection (2).

 5      (2) The care, control and management of the designated land
     is placed with the Authority for the purpose of enabling it --

          (a)   to provide, improve and promote recreational and
                tourism services and facilities on the designated land;

          (b)   to conserve and enhance the flora and fauna of the
10              designated land;

          (c)   to conserve and enhance the natural environment,
                landscape features and amenity of the designated
                land;

          (d)   to develop, manage, display, and undertake research
15              into, collections of Western Australian and other flora;

          (e)   to enhance and promote the understanding and
                conservation of the flora and fauna of the designated
                land and of flora and fauna generally;

          (f)   to conserve, enhance and promote the Aboriginal,
20              colonial and contemporary cultural heritage of the
                designated land;

          (g)   to promote the use of flora for the purposes of
                horticulture, conservation and education; and

          (h)   to undertake and promote research and investigation
25              into matters related to or connected with its functions
                under this subsection.



                                     7
                          Botanic Gardens and Parks Authority
cl. 10                                 Bill 1998


     Powers

     10. (1) The Authority has power to do all things necessary or
     convenient to be done for or in connection with the performance
     of its functions.

 5       (2)         Without limiting subsection (1), the Authority may --

               (a)     subject to section 11, acquire land and dispose of land
                       (other than designated land);

               (b)     subject to section 11, grant a lease or licence that is
                       consistent with its functions, on such terms and
10                     conditions as it thinks fit;

               (c)     subject to section 11, erect permanent or temporary
                       structures on designated land;

               (d)     subject to section 11, undertake road works and other
                       works on designated land necessary for the
15                     management of that land;

               (e)     give or take botanical specimens by way of loan or
                       exchange with scientific or educational institutions;

               (f)     produce and publish information on matters related to
                       its functions;

20             (g)     in connection with its function under section 9 (2) (g),
                       sell or dispose of plants, parts of plants, seeds and
                       fungi or similar organisms;

               (h)     apply for, obtain and hold (whether alone or jointly
                       with any other person) any patent, patent rights,
25                     design rights, copyright or similar rights;

               (i)     require payment of rent, fees or other charges for the
                       use of any of its facilities (whether permanent or
                       temporary) or for the use of any part of designated
                       land;

                                            8
                  Botanic Gardens and Parks Authority
                               Bill 1998                             cl. 10


     (j)   require payment of fees --

           (i)      for entry to designated land (other than
                    King's Park or designated land that is prescribed
                    for the purposes of this subparagraph); and

 5         (ii)     for admission to a particular display or event
                    being conducted on any part of designated land
                    for purposes consistent with its functions, or to
                    any land or facility being used in connection with
                    such a display or event;

10   (k)   fix the amount of rent, fees or charges referred to in
           paragraphs (i) and (j) with power to waive, reduce or
           refund the amount payable in particular cases;

     (l)   enter into a contract or arrangement with a person or
           body (including a local government or a department of
15         the Public Service, or other agency or instrumentality,
           of the State or the Commonwealth) --

           (i)      for the performance by that person or body of
                    any work or the supply of equipment or services;

           (ii)     to provide consultancy or advisory services to
20                  that person or body; or

           (iii) for the commercial exploitation of the rights
                 referred to in paragraph (h), whether by
                 assignment, licensing or otherwise;

     (m)   on terms and conditions approved by the Minister and
25         the Treasurer, participate in any business
           arrangement that is consistent with its functions; and

     (n)   act in conjunction with a person, a firm, a local
           government or a department of the Public Service, or
           other agency or instrumentality, of the State or the
30         Commonwealth.


                                    9
                           Botanic Gardens and Parks Authority
cl. 11                                  Bill 1998


        (3) For the purposes of subsection (2) (m) the Minister and
     the Treasurer may approve terms and conditions in respect of a
     specific business arrangement or class of business arrangement
     or in respect of business arrangements generally.

 5       (4)         In this section --

               ''business arrangement'' means a proprietary limited
                     company, partnership, trust, joint venture,
                     arrangement for sharing profits or arrangement for
                     sponsorship;

10             ''participate'' includes form, promote, establish, enter into,
                     manage, dissolve, wind up, and do anything incidental
                     to the doing of any of those things.


     Requirements for Ministerial approval

     11. (1) The Authority must obtain the approval of the
15   Minister before exercising --

               (a)     the power conferred by section 10 (2) (a);
               (b)     the power conferred by section 10 (2) (b), if the
                       proposed lease or licence is to be granted for a term
                       exceeding a period of 5 years;
20             (c)     the power conferred by section 10 (2) (c) to erect a
                       permanent structure, if the cost of the proposed
                       structure exceeds, or is likely to exceed, the relevant
                       amount; or
               (d)     the power conferred by section 10 (2) (d), if the cost of
25                     the proposed works exceeds, or is likely to exceed, the
                       relevant amount.

        (2) The Minister is not to give approval for the purposes of
     subsection (1) (b), (c) or (d) unless the proposed exercise of power
     conforms to the relevant management plan applicable under
30   Part 4.

                                            10
                        Botanic Gardens and Parks Authority
                                     Bill 1998                          cl. 12


        (3) For the purposes of subsection (1) (b), any additional
     term obtainable at the option of the lessee or licensee is to be
     included when calculating the length of the term of a proposed
     lease or licence.

 5     (4)         In subsection (1) --

             ''relevant amount'' means $100 000 or such other amount
                   as is prescribed.


     Delegation

     12. (1) The Authority may, by instrument in writing, delegate
10   the performance of any of its functions, except this power of
     delegation.

       (2)         A delegation under subsection (1) may be made --

             (a)     to a member or members of the board;

             (b)     to a member or members of staff; or

15           (c)     with the approval of the Minister, to a committee or
                     any other person.

       (3) A function performed by a delegate is to be taken to be
     performed by the Authority.

        (4) A delegate performing a function under this section is to
20   be taken to do so in accordance with the terms of the delegation
     unless the contrary is shown.

        (5) Nothing in this section is to be read as limiting the
     ability of the Authority to act through its staff and agents in the
     normal course of business.




                                         11
                          Botanic Gardens and Parks Authority
cl. 13                                 Bill 1998


     Minister may give directions

     13. (1) The Minister may give directions in writing to the
     Authority with respect to the performance of its functions, either
     generally or in relation to a particular matter, and the Authority
 5   is to give effect to any such direction.

        (2) The text of a direction given under subsection (1) is to be
     included in the annual report submitted by the accountable
     authority of the Authority under section 66 of the Financial
     Administration and Audit Act 1985.


10   Minister to have access to information

     14.       (1)     The Minister is entitled --

               (a)     to have information in the possession of the Authority;
                       and

               (b)     where the information is in or on a document, to have,
15                     and make and retain copies of, that document.

         (2)         For the purposes of subsection (1) the Minister may --

               (a)     request the Authority to furnish information to the
                       Minister;

               (b)     request the Authority to give the Minister access to
20                     information;

               (c)     for the purposes of paragraph (b) make use of the staff
                       of the Authority to obtain the information and furnish
                       it to the Minister.

       (3) The Authority is to comply with a request under
25   subsection (2) and make its staff and facilities available to the
     Minister for the purposes of paragraph (c) of that subsection.



                                           12
                  Botanic Gardens and Parks Authority
                               Bill 1998                             cl. 14


    (4)     In this section --

          ''document'' includes any tape, disc or other device or
               medium on which information is recorded or stored
               mechanically, photographically, electronically or
5              otherwise;

          ''information'' means information specified, or of a
                description specified, by the Minister that relates to
                the functions of the Authority.




                                    13
                   Botanic Gardens and Parks Authority
cl. 15                          Bill 1998


                   PART 4 -- MANAGEMENT PLANS


     Authority to comply with management plans

     15. (1) The Authority must control and manage the
     designated land in accordance with the management plans for
 5   the time being applicable to that land.

        (2) A copy of each of the management plans applicable to the
     designated land is to be kept at the office of the Authority and is
     to be made available for inspection by the public during office
     hours free of charge.


10   First management plans

     16. (1) On the commencement of this Act the plans known as
     the King's Park Bushland Management Plan 1995-2005 and the
     King's Park and Botanic Garden Framework Plan for the
     Developed Areas 1996-2006 are together to be regarded as the
15   management plan applicable to King's Park.

        (2) The Authority must, within 2 years after land becomes
     designated land by operation of paragraph (b) or (c) of the
     definition of ''designated land'' in section 3, prepare and submit
     to the Minister, for his or her consideration, a management plan
20   for the land.

        (3) A management plan referred to in subsection (1) or (2)
     (the ''first management plan'') has effect, subject to this
     section, until a revised management plan is approved under this
     Part in respect of the designated land to which the first
25   management plan applies.

        (4) The Minister may, by notice in writing given to the
     Authority, modify or add to any provision in a management plan
     referred to in subsection (1) or (2), and may vary or revoke a
     notice so given.


                                     14
                   Botanic Gardens and Parks Authority
                                Bill 1998                             cl. 17


        (5) Section 15 (1) has effect subject to any notice given by
     the Minister under subsection (4) for the time being in force.

       (6) A copy of a notice given by the Minister under
     subsection (4) is to be attached to the copy of the relevant
 5   management plan kept by the Authority under section 15 (2).


     Review and revision of management plans

     17.   (1)   The Authority must --

           (a)   in the case of the management plan referred to in
                 section 16 (1), not later than 5 years after the
10               commencement of this Act; and

           (b)   in the case of a management plan referred to in
                 section 16 (2), not later than 5 years after the
                 preparation of the plan,

     review the plan and, if it considers that the circumstances so
15   require, prepare amendments to the plan or a revised
     management plan for the designated land to which the plan
     applied.

        (2) The Authority must take action under subsection (1) in
     respect of every management plan for the time being in force not
20   later than 5 years after the Minister has, under section 21,
     approved the plan or amendments to it or its continuation in
     force without amendment.

        (3) If, on a review under this section, the Authority considers
     that a management plan does not require amendment or revision
25   it may determine that the existing management plan is to
     continue in force without amendment.

       (4) In performing its functions under this section, the
     Authority is to have the objective of promoting its functions
     under section 9 (2).


                                    15
                    Botanic Gardens and Parks Authority
cl. 18                           Bill 1998


     Content of management plans

     18. (1) A management plan prepared under this Part must
     contain --

           (a)   a statement of the policies or guidelines proposed to be
 5               followed; and

           (b)   a summary      of   the   operations   proposed   to   be
                 undertaken,

     in respect of the designated land to which the management plan
     applies during the period of 5 years from the time when it is
10   approved or, in the case of a management plan referred to in
     section 16 (2), prepared.

        (2) A management plan must state the date on which it will
     expire but despite anything in this section or in the plan, a plan
     that would otherwise expire remains in force until a further plan
15   is approved.

        (3) A management plan must not disclose any information or
     matter communicated in confidence for the purposes of this Act
     or which would or might reasonably be expected to cause damage
     to the interests of the person from whom the information was
20   received.


     Plans to be publicly notified

     19.   (1)   Public notification that --

           (a)   a revised management plan or amendments to the
                 existing management plan have been prepared; or

25         (b)   the existing management plan is proposed to be
                 continued in force without amendment,

     must be given in accordance with subsection (2).


                                      16
                       Botanic Gardens and Parks Authority
                                    Bill 1998                           cl. 20


        (2) The revised management plan or amendments, or the
     proposal to continue the existing management plan in force
     without amendment, must be publicly notified by the Authority
     by the publication --

 5        (a)   in the Gazette;

          (b)   in 2 issues of a daily            newspaper   circulating
                throughout the State; and

          (c)   at the office of the Authority,

     of a notice --

10        (d)   specifying the places at which --

                (i)      a copy of the revised management plan or the
                         amendments may be inspected; and

                (ii)     copies of the revised management plan or the
                         amendments may be obtained;

15              and

          (e)   stating the effect of section 20 and specifying the
                period referred to in that section.


     Public submissions

     20. Written submissions on the revised management plan or
20   amendments or the proposal to continue the existing
     management plan in force without amendment may be made by
     any person --
          (a)   within a period determined by the Authority, being a
                period not less than 2 months after the day on which
25              the notice is published in the Gazette; and




                                       17
                        Botanic Gardens and Parks Authority
cl. 21                               Bill 1998


               (b)   by delivering or posting them, so that they are
                     received within that period at the offices of the
                     Authority.


     Approval by Minister

 5   21. (1) Subject to this Part, the Authority must submit to the
     Minister for approval --

               (a)   the revised management plan or amendments,
                     modified as it thinks fit to give effect to submissions
                     made under section 20; or

10             (b)   the proposal to continue the existing management
                     plan in force without amendment.

        (2) The Authority may, in order to give effect to submissions
     under section 20, submit to the Minister for approval proposed
     amendments to the existing management plan instead of the
15   proposal that the plan be continued in force without amendment.

         (3)     The Minister may --

               (a)   approve the proposed plan or the proposed
                     amendments or approve the same with such
                     modifications as the Minister thinks fit; or

20             (b)   approve the proposal to continue the existing
                     management plan in force without amendment or
                     instead make amendments to that plan.


     Notice of approval

     22.       (1)   Notice that the Minister has --

25             (a)   approved a revised management plan;



                                         18
                  Botanic Gardens and Parks Authority
                               Bill 1998                               cl. 22


          (b)   approved or made amendments          to   the   existing
                management plan; or

          (c)   approved the continuation in force of the existing
                management plan without amendment,

 5   must be published by the Minister in the Gazette, together with a
     note showing --

          (d)   whether any modifications or amendments were made
                by the Minister under section 21; and

          (e)   where a copy of the management plan or the
10              amendments may be inspected or obtained.

        (2) A revised management plan or amendments to the
     existing management plan comes into operation on the day of
     publication in the Gazette of a notice under subsection (1) or on
     such later day as is specified in the management plan or in the
15   amendments.




                                    19
                   Botanic Gardens and Parks Authority
cl. 23                          Bill 1998


                            PART 5 -- STAFF


     Chief executive officer

     23. (1) A chief executive officer of the Authority is to be
     appointed under Part 3 of the Public Sector Management
 5   Act 1994.

        (2) Subject to the control of the board, the chief executive
     officer is to administer the day to day operations of the Authority
     and engage its staff.


     Other staff

10   24. (1) The chief executive officer may engage persons as
     staff of the Authority.

        (2) Persons referred to in subsection (1) are to be employed,
     subject to any relevant industrial award, order or agreement, on
     such terms and conditions as the chief executive officer
15   determines.

       (3) Nothing in subsection (2) affects the operation of the
     Workplace Agreements Act 1993.

        (4) Part 3, Division 3 of the Public Sector Management
     Act 1994 does not apply to the Authority but this section does not
20   affect the power of the chief executive officer to engage a person
     under a contract for services or appoint a person on a casual
     employment basis under section 100 of that Act.


     Use of other government staff etc.

     25. (1) The Authority may by arrangement with the relevant
25   employer make use, either full-time or part-time, of the services
     of any officer or employee --
          (a)   in the Public Service;


                                     20
                         Botanic Gardens and Parks Authority
                                      Bill 1998                                cl. 26


             (b)      in a State agency or instrumentality; or

             (c)      otherwise in the service of the Crown in right of the
                      State.

       (2)         The Authority may by arrangement with --

 5           (a)      a department of the Public Service; or

             (b)      a State agency or instrumentality,

     make use of any facilities of the department, agency or
     instrumentality.

        (3) An arrangement under subsection (1) or (2) is to be made
10   on such terms as are agreed to by the parties.


     Park management officers

     26. (1) The Authority may, by instrument in writing,
     designate a member of staff or other person to be a park
     management officer.

15     (2) The Authority may                 revoke   a    designation   under
     subsection (1) at any time.

       (3)         A police officer is ex officio a park management officer.


     Identity cards

     27. (1) The Authority is to issue to a park management
20   officer an identity card stating that he or she has been
     designated as a park management officer.

       (2) An identity card is to be in a form approved by the
     Authority.



                                           21
                       Botanic Gardens and Parks Authority
cl. 28                              Bill 1998


        (3) A park management officer must produce the identity
     card whenever requested to do so by any person in respect of
     whom the officer has exercised, or is about to exercise, a power
     under section 28 or 51.

 5      (4) Production of an identity card is evidence in any court of
     the designation of the park management officer to whom the
     identity card relates.

        (5) A person who ceases to be a park management officer
     must, as soon as practicable, return his or her identity card to
10   the chief executive officer or other person authorized to receive it.

         Penalty:     $1 000.

       (6) This section does not apply to a park management officer
     who is a police officer.


     Enforcement powers of park management officers

15   28. (1) This section applies to an offence against section 30 or
     the regulations.

        (2) A park management officer who finds a person
     committing an offence to which this section applies or who on
     reasonable grounds suspects that such an offence has been
20   committed or is about to be committed by a person may --
           (a)      require the person to give to the officer the person's
                    name and address;
           (b)      stop, detain and search any vehicle if a person in or on
                    the vehicle is, or is suspected by the officer on
25                  reasonable grounds of being, the offender;
           (c)      remove any vehicle, animal or other thing from
                    designated land; and
           (d)      enter and search any hut, tent or other structure that
                    is not a permanent residence.


                                         22
                   Botanic Gardens and Parks Authority
                                Bill 1998                              cl. 29


       (3) A person must, when required to do so under
     subsection (2) (a), give the person's full and correct name and
     address.

       (4) If a person does not under subsection (3) give the
 5   person's full and correct name and address to a park
     management officer --
          (a)   the person obstructs the park management officer in
                the performance of the officer's functions and
                section 30 applies accordingly; and
10        (b)   the park management officer may detain the person
                until the person can be delivered to a police officer to
                be dealt with according to law.

        (5) Before exercising a power conferred by subsection (2) (b),
     (c) or (d) a park management officer must take all reasonable
15   steps to inform the person, or the owner or person in charge of
     the vehicle, animal, hut, tent, structure or thing, as the case
     requires, of --
          (a)   his or her intention to exercise the power; and
          (b)   his or her reasons for believing that the proposed
20              exercise of the power is justified.

       (6) Nothing in this section derogates from the powers of a
     park management officer who is a police officer.


     Requirement to leave designated land

     29. (1) A park management officer may require a person to
25   leave designated land if the park management officer --

          (a)   finds the person committing an offence against the
                regulations; or

          (b)   believes on reasonable grounds that an emergency
                situation exists on the land.



                                     23
                       Botanic Gardens and Parks Authority
cl. 30                              Bill 1998


        (2) A person must not remain on designated land after being
     required to leave the land under subsection (1).

         Penalty:      $2 000.

        (3) If a person contravenes subsection (2), a police officer
 5   may remove, or make arrangements for the removal of, the
     person from designated land and if necessary detain the person
     for the purpose of effecting his or her removal.

       (4) A park management officer who is not a police officer
     may detain a person who has contravened subsection (2) until the
10   person can be delivered to a police officer for removal under
     subsection (3).

         (5)     In this section --

               ''emergency situation'' means a fire or other occurrence
                    that endangers, or is likely to endanger, public safety.


15   Obstruction of park management officers

     30. A person must not resist, delay or in any way obstruct a
     park management officer in the performance of his or her
     functions.

         Penalty:      $5 000, or imprisonment for 6 months, or both.




                                         24
                   Botanic Gardens and Parks Authority
                                Bill 1998                              cl. 31


                 PART 6 -- FINANCIAL PROVISIONS


     Funds of Authority

     31. (1) The funds available for the purpose of enabling the
     Authority to perform its functions consist of --

 5        (a)   moneys from time to time appropriated by Parliament;

          (b)   moneys received by the Authority in the performance
                of its functions;

          (c)   moneys received by the Authority by way of gift,
                including a gift by will;

10        (d)   moneys borrowed by the Authority under section 33
                or 34;

          (e)   moneys transferred         to   the   Authority   under
                section 42 (3);

          (f)   modified penalties paid under section 51; and

15        (g)   other moneys lawfully received by, made available to
                or payable to the Authority.

        (2) Where any gift, including a gift by will, has been made to
     the Authority upon lawful conditions that are accepted by the
     Authority, it is to apply the gift in accordance with those
20   conditions.


     Botanic Gardens and Parks Authority Account

     32. (1) The funds referred to in section 31 are to be credited
     to an account called the ''Botanic Gardens and Parks Authority
     Account'' --

25        (a)   at the Treasury; or


                                      25
                        Botanic Gardens and Parks Authority
cl. 33                               Bill 1998


               (b)   with the approval of the Treasurer, at a bank,

     and if paragraph (a) applies the Account is to form part of the
     Trust Fund constituted under section 9 of the Financial
     Administration and Audit Act 1985.

 5       (2)     The Account is to be charged with --

               (a)   interest on and repayment of moneys borrowed by the
                     Authority under section 33 or 34; and

               (b)   all other expenditure lawfully incurred by           the
                     Authority in the performance of its functions.


10   Borrowing from Treasurer

     33. (1) The Authority may borrow from the Treasurer such
     amounts as the Treasurer approves on such terms and conditions
     relating to repayment and payment of interest as the Treasurer
     imposes.

15      (2) By virtue of this subsection the Account and the assets of
     the Authority are charged with the due performance by the
     Authority of its obligations in respect of a loan under
     subsection (1).


     Other borrowing

20   34. (1) In addition to its powers under section 33, the
     Authority may with the prior written approval of the Treasurer
     and on such terms and conditions as the Treasurer approves,
     borrow moneys for the purpose of performing its functions.

       (2) Any moneys borrowed                 by   the     Authority   under
25   subsection (1) may be raised --
               (a)   as one loan or as several loans; and
               (b)   in such manner as the Treasurer approves.


                                          26
                     Botanic Gardens and Parks Authority
                                  Bill 1998                           cl. 35


        (3) The total amount of the moneys so borrowed in any one
     financial year is not to exceed such amount as the Treasurer
     approves.


     Guarantee by Treasurer

 5   35. (1) The Treasurer may, in the name and on behalf of the
     Crown in right of the State, guarantee the payment of any
     moneys payable by the Authority in respect of moneys borrowed
     by it under section 34.

       (2) A guarantee is to be in such form and contain such terms
10   and conditions as the Treasurer determines.

       (3)     Before a guarantee is given, the Authority is to --

             (a)   give to the Treasurer such security as the Treasurer
                   requires; and

             (b)   execute all instruments that are necessary for the
15                 purpose.


     Effect of guarantee

     36. (1) The due payment of moneys payable by the Treasurer
     under a guarantee given under section 35 is guaranteed by the
     State.

20     (2) Any such payment is to be made by the Treasurer and
     charged to the Consolidated Fund, and this subsection
     appropriates that Fund accordingly.

       (3) The Treasurer is to cause to be credited to the
     Consolidated Fund any amounts received or recovered from the
25   Authority or otherwise in respect of any payment made by the
     Treasurer under a guarantee given under section 35.



                                      27
                   Botanic Gardens and Parks Authority
cl. 37                          Bill 1998


     Application    of   Financial    Administration     and   Audit
     Act 1985

     37. The provisions of the Financial Administration and Audit
     Act 1985 regulating the financial administration, audit and
 5   reporting of statutory authorities apply to and in respect of the
     Authority and its operations.




                                     28
                    Botanic Gardens and Parks Authority
                                 Bill 1998                            cl. 38


             PART 7 -- BOTANIC GARDENS AND PARKS
                         FOUNDATION


     Botanic Gardens and Parks Foundation established

     38. (1) There is established a body called the Botanic
 5   Gardens and Parks Foundation.

       (2) The Foundation is a body corporate with perpetual
     succession.

        (3) Proceedings may be taken by or against the Foundation
     in its corporate name.


10   Governing council

     39. The Foundation is to have a council which, subject to this
     Act, is to be the governing body of the Foundation.


     Functions

     40.   The functions of the Foundation are --

15         (a)   to attract and retain continuing public interest and
                 financial support for the Authority in the performance
                 of its functions under section 9 (2); and

           (b)   to encourage donations to facilitate the performance
                 by the Authority of its functions under section 9 (2).


20   Powers

     41. The Foundation has power to do all things necessary or
     convenient to be done for or in connection with the performance
     of its functions.


                                     29
                   Botanic Gardens and Parks Authority
cl. 42                          Bill 1998


     Financial arrangements

     42. (1) Funds received by the Foundation are to be credited
     to an account called the ''Botanic Gardens and Parks Foundation
     Account'' --

 5        (a)   at the Treasury; or

          (b)   with the approval of the Treasurer, at a bank,

     and if paragraph (a) applies the Foundation Account is to form
     part of the Trust Fund constituted under section 9 of the
     Financial Administration and Audit Act 1985.

10     (2) The Foundation Account is to be charged with all
     expenditure lawfully incurred by the Foundation in the
     performance of its functions.

       (3) Moneys standing to the credit of the Foundation
     Account --

15        (a)   are subject to the direction and control of the
                Authority; and

          (b)   may be transferred to the Authority for the purposes
                of carrying this Act into effect or otherwise applied for
                the purposes of the Authority or the Foundation.

20      (4) The operation of the Foundation Account is to be
     regarded as --

          (a)   a service under the control of the Authority for the
                purposes of section 54 of the Financial Administration
                and Audit Act 1985; and

25        (b)   part of the operations of the Authority for the
                purposes of Division 14 of Part II of that Act.




                                      30
                        Botanic Gardens and Parks Authority
                                     Bill 1998                             cl. 43


     Rules

     43. (1) The Minister may, on the recommendation of the
     Authority, make rules that are necessary or convenient for giving
     effect to this Part.

 5     (2)         Without limiting subsection (1), the rules may --

             (a)     provide for the appointment, constitution, functions
                     and proceedings of the council, including power to
                     employ persons, appoint agents, obtain professional or
                     other services and do all things necessary or
10                   convenient to be done for or in connection with the
                     performance by the Foundation of its functions;

             (b)     provide for membership of the Foundation, including
                     membership of different categories having different
                     privileges;

15           (c)     provide for meetings and       other   proceedings   of
                     members of the Foundation;

             (d)     provide for the appointment of one or more patrons of
                     the Foundation;

             (e)     provide for Friends of the Foundation and for the
20                   establishment of a register of such persons;

             (f)     provide for the manner of execution of documents
                     authorized to be executed by resolution of the council;
                     and

             (g)     empower the council, with the approval of the
25                   Authority, to make by-laws with respect to the
                     operations and proceedings of the Foundation, the
                     council, committees of the council and persons
                     employed by the Foundation.




                                          31
                        Botanic Gardens and Parks Authority
cl. 44                               Bill 1998


                              PART 8 -- GENERAL

     Authority to be consulted

     44. Before a person or a body acting under a written law
     carries out any work affecting designated land, that person or
 5   body must consult with the Authority on the proposal and have
     regard to any views that the Authority may express.

     Protection from liability

     45. (1) An action in tort does not lie against a person, other
     than the Authority, for anything that the person has, in good
10   faith, done in the performance or purported performance of a
     function under this Act.

        (2) The protection given by this section applies even though
     the thing done in the performance or purported performance of a
     function under this Act may have been capable of being done
15   whether or not this Act had been enacted.

        (3) This section does not relieve the Authority or the Crown
     of any liability that it might have for the doing of anything by a
     person against whom this section provides that an action does
     not lie.

20      (4) In this section, a reference to the doing of anything
     includes a reference to the omission to do anything.

     Execution of documents by Authority

     46.       (1)   The Authority is to have a common seal.

         (2)     A document is duly executed by the Authority, if --
25             (a)   the common seal of the Authority is affixed to it in
                     accordance with subsections (3) and (4); or
               (b)   it is signed on behalf of the Authority by a person or
                     persons authorized to do so under subsection (5).

                                         32
                     Botanic Gardens and Parks Authority
                                  Bill 1998                             cl. 47


       (3) The common seal of the Authority is not to be affixed to
     any document except as authorized by the board.

        (4) The common seal of the Authority is to be affixed to a
     document in the presence of 2 members of the board, and each of
 5   them is to sign the document to attest that the common seal was
     so affixed.

        (5) The Authority may, by writing under its seal, authorize a
     member or members of the board or a member or members of
     staff to sign documents on behalf of the Authority, either
10   generally or subject to such conditions or restrictions as are
     specified in the authorization.

        (6) A document purporting to be executed in accordance with
     this section is to be presumed to be duly executed until the
     contrary is shown.

15      (7) When a document is produced bearing a seal purporting
     to be the common seal of the Authority, it is to be presumed that
     the seal is the common seal of the Authority until the contrary is
     shown.


     Confidentiality

20   47. A person who is or has been a member of the board or of a
     committee or a member of staff must not, directly or indirectly,
     record, disclose or make use of any information obtained in the
     course of duty except --
          (a)     for the purpose of performing functions under this Act;
25        (b)     as required or allowed by this Act or under another
                  written law;
          (c)     with the written consent of the person to whom the
                  information relates; or
          (d)     in prescribed circumstances.
30     Penalty:     $10 000 and imprisonment for 12 months.

                                      33
                       Botanic Gardens and Parks Authority
cl. 48                              Bill 1998


     Liability for acts of children

     48. (1) Where loss is suffered by the Authority as a result of
     any damage to, or destruction of, any property owned by or under
     the control and management of the Authority by the intentional
 5   or negligent act or omission of a child, the Authority may recover
     the amount of that loss from a responsible adult by action in a
     court of competent jurisdiction unless the responsible adult shows
     that he or she did not contribute to the act or omission of the
     child by neglecting to exercise due care and control of the child.

10      (2) Subsection (1) is in addition to section 58 of the Young
     Offenders Act 1994.

         (3)     In subsection (1) --

               ''child'' means a person who has not reached the age of
                     18 years;

15             ''responsible adult'', in relation to a child, has the same
                     meaning as it has in section 58 of the Young Offenders
                     Act 1994 in relation to a young person within the
                     meaning of that Act.


     Onus of proof in vehicle offences may be shifted

20   49.       (1)   In this section --

               ''vehicle offence'' means an offence against the
                     regulations of which the use, driving, parking,
                     standing or leaving of a vehicle is an element.

        (2) Where a vehicle offence is alleged to have been
25   committed and the identity of the person committing the alleged
     offence is not known and cannot immediately be ascertained a
     park management officer may give the owner of the vehicle a
     notice under this section.



                                         34
                   Botanic Gardens and Parks Authority
                                Bill 1998                              cl. 49


        (3) The notice is to be in the prescribed form and is to
     contain particulars of the alleged offence and require the owner
     to identify the person who was the driver or person in charge of
     the vehicle at the time when the offence is alleged to have been
 5   committed.

        (4) The notice may be addressed to the owner of the vehicle
     without naming, or stating the address of, the owner and may be
     given by --

          (a)   attaching it to the vehicle or leaving it in or on the
10              vehicle at or about the time that the alleged offence is
                believed to have been committed; or

          (b)   giving it to the owner within 21 days after the alleged
                offence is believed to have been committed.

       (5) The notice is to include a short statement of the effect of
15   subsection (6).

        (6) Unless, within 28 days after being served with the notice,
     the owner of the vehicle --

          (a)   informs the Authority or a member of staff authorized
                for the purposes of this paragraph as to the identity
20              and address of the person who was the driver or
                person in charge of the vehicle at the time the offence
                is alleged to have been committed; or

          (b)   satisfies the Authority that the vehicle had been
                stolen or unlawfully taken, or was being unlawfully
25              used, at the time the offence is alleged to have been
                committed,

     the owner is, in the absence of proof to the contrary, deemed to
     have committed the offence.




                                     35
                   Botanic Gardens and Parks Authority
cl. 50                          Bill 1998


     Evidentiary provision -- speed measuring equipment

     50.   (1)   In this section --

           ''speed measuring equipment'' means apparatus of a
                 type approved under section 98A (2) of the Road
 5               Traffic Act 1974.

        (2) In proceedings for an offence against the regulations,
     evidence may be given of the use of speed measuring equipment
     by a park management officer in relation to a vehicle and of the
     speed at which that vehicle was moving as ascertained by the use
10   of that equipment.

        (3) Evidence given under subsection (2) is, in the absence of
     evidence to the contrary, proof of the speed at which the vehicle
     was moving at the time of the use of the speed measuring
     equipment in relation to that vehicle.

15      (4) In proceedings for an offence against the regulations,
     evidence by a park management officer that apparatus used by
     the officer was speed measuring equipment within the meaning
     of this section is, in the absence of evidence to the contrary, proof
     of that fact.

20      (5) Nothing in this section prevents or restricts the
     introduction of any competent evidence, whether in addition to,
     or independent of, any evidence for which provision is made by
     this section, bearing on the question of whether a person is or is
     not guilty of an offence against the regulations.


25   Infringement notices

     51.   (1)   In this section --

           ''authorized person'' means a person appointed under
                 subsection (10) to be an authorized person for the
                 purposes of the subsection in which the term is used.


                                      36
                   Botanic Gardens and Parks Authority
                                Bill 1998                               cl. 51


        (2) A park management officer who has reason to believe
     that a person has committed a prescribed offence against the
     regulations may give an infringement notice to the alleged
     offender within 21 days after the alleged offence is believed to
 5   have been committed.

       (3) An infringement notice is to be in the prescribed form
     and is to --

          (a)   contain a description of the alleged offence;

          (b)   advise that if the alleged offender does not wish to
10              have a complaint of the alleged offence heard and
                determined by a court, the amount of money specified
                in the notice as being the modified penalty for the
                offence may be paid to an authorized person within a
                period of 28 days after the giving of the notice; and

15        (c)   inform the alleged offender as to who are authorized
                persons for the purposes of receiving payment of
                modified penalties.

        (4) In an infringement notice the amount specified as being
     the modified penalty for the offence referred to in the notice is to
20   be the amount that was the modified penalty prescribed by
     regulation at the time the alleged offence is believed to have been
     committed.

        (5) An authorized person may, in a particular case, extend
     the period of 28 days within which the modified penalty may be
25   paid and the extension may be allowed whether or not the period
     of 28 days has elapsed.

        (6) Where the modified penalty specified in an infringement
     notice has been paid within 28 days or such further time as is
     allowed and the notice has not been withdrawn, the bringing of
30   proceedings and the imposition of penalties are prevented to the
     same extent as they would be if the alleged offender had been
     convicted by a court of, and punished for, the alleged offence.


                                     37
                   Botanic Gardens and Parks Authority
cl. 52                          Bill 1998


        (7) An authorized person may, whether or not the modified
     penalty has been paid, withdraw an infringement notice by
     sending to the alleged offender a notice in the prescribed form
     stating that the infringement notice has been withdrawn.

 5      (8) If an infringement notice is withdrawn after the modified
     penalty has been paid, the amount of the modified penalty is to
     be refunded.

        (9) Payment of a modified penalty is not to be regarded as
     an admission for the purposes of any proceedings, whether civil
10   or criminal.

        (10) The Authority may, in writing, appoint persons or
     classes of persons to be authorized persons for the purposes of
     subsection (3), (5) or (7), but a park management officer who
     gives an infringement notice is not eligible to be an authorized
15   person for the purposes of any of those subsections in relation to
     that notice.


     Notice placing onus on vehicle owner
     52. (1) If an alleged offence is one for which a notice under
     section 49 can be given to the owner of a vehicle involved in the
20   commission of the offence, that notice can be included in the
     same document as an infringement notice given to the owner for
     the alleged offence.

        (2) For the purpose of giving the vehicle owner an
     infringement notice that is with a notice under section 49 --

25        (a)   it is a sufficient ground for believing the owner to
                have committed the alleged offence that the person is
                the owner; and

          (b)   the infringement notice may be addressed and given
                as specified in section 49 (4).




                                    38
                        Botanic Gardens and Parks Authority
                                     Bill 1998                               cl. 53


        (3) Where the modified penalty specified in an infringement
     notice has been paid within 28 days or such further time as is
     allowed, section 49 (6) does not have effect to deem the owner to
     have committed the offence.

 5      (4) The statement required by section 49 (5) is to include a
     description of the effect of subsection (3) if an infringement notice
     is given with a notice under section 49.


     Regulations

     53. (1) The Governor may make regulations prescribing all
10   matters that are required or permitted by this Act to be
     prescribed, or are necessary or convenient to be prescribed for
     giving effect to the purposes of this Act.

       (2)         Without limiting subsection (1), the regulations may --

             (a)     provide for the care, control and management of the
15                   designated land;

             (b)     provide for the conservation of the natural
                     environment, landscape features, amenity, flora and
                     fauna of the designated land;

             (c)     for the purpose of conserving the natural environment,
20                   landscape features, amenity, flora or fauna of the
                     designated land, prohibit, restrict or regulate the
                     access of persons or animals to any part of the land;

             (d)     prohibit, restrict or regulate the use, driving, parking,
                     standing or leaving of vehicles on any part of the
25                   designated land;

             (e)     without limiting section 10 (2) (i), (j) and (k), provide
                     for the imposition and payment of fees and charges;
                     and



                                          39
                   Botanic Gardens and Parks Authority
cl. 54                          Bill 1998


          (f)   provide that contravention of a regulation constitutes
                an offence and provide for a penalty not exceeding
                $2 000 in respect of any such offence.


     Review of Act

 5   54. (1) The Minister is to carry out a review of the operation
     and effectiveness of this Act as soon as is practicable after the
     expiry of 5 years from its commencement.

       (2) In the course of that review the Minister is to consider
     and have regard to --

10        (a)   the effectiveness of the operations of the Authority;

          (b)   the need for the continuation of the functions of the
                Authority; and

          (c)   any other matters that appear to the Minister to be
                relevant to the operation and effectiveness of this Act.

15     (3) The Minister is to prepare a report based on the review
     and, as soon as is practicable after the report is prepared, is to
     cause it to be laid before each House of Parliament.


     Savings and transitional provisions

     55. Schedule 2 has effect with respect to savings and
20   transitional provisions.


     Consequential amendments

     56. The Acts referred to in Schedule 3 are amended in the
     manner specified in that Schedule.




                                     40
                     Botanic Gardens and Parks Authority
                                  Bill 1998                                     Sch. 1


                     SCHEDULE 1 -- CONSTITUTION AND
                         PROCEEDINGS OF BOARD
                                                                   [Section 7]
                        Division 1 -- General provisions

 5   Term of office
     1. A member holds office for such term, not exceeding 3 years, as is
     specified in the instrument of his or her appointment, but may from
     time to time be re-appointed.

     Resignation, removal, etc.
10   2.   (1)    The office of a member becomes vacant if he or she --
           (a)    resigns the office by written notice addressed to the
                  Minister;
           (b)    is an insolvent under administration as that expression is
                  defined in the Corporations Law; or
15         (c)    is removed from office by the Minister under subclause (2).
         (2) The Minister may remove a member from office if the Minister
     is satisfied that the member --
           (a)    has neglected his or her duty;
           (b)    has misbehaved;
20         (c)    is incompetent;
           (d)    is suffering from mental or physical incapacity impairing
                  the performance of his or her functions; or
           (e)    has been absent, without leave and reasonable excuse, from
                  3 consecutive meetings of the board of which the member
25                has had notice.

     Leave of absence
     3. The board may grant leave of absence to a member on such terms
     and conditions as it thinks fit.




                                         41
                    Botanic Gardens and Parks Authority
Sch. 1                           Bill 1998


     Chairperson unable to act
     4. If the chairperson is unable to act by reason of sickness, absence or
     other cause, or during any vacancy in that office, the deputy
     chairperson is to perform the functions of the chairperson.

 5   Member unable to act
     5. (1) If a member, other than the chairperson, is unable to act by
     reason of sickness, absence or other cause, the Minister may appoint
     another person to act temporarily in his or her place and, while so
     acting according to the tenor of his or her appointment, that other
10   person is to be taken to be a member of the board.
        (2) If the member who is deputy chairperson is performing the
     functions of the chairperson, the Minister may, under subclause (1),
     appoint another person to act in his or her place as a member.
        (3) The appointment of a person under subclause (1) may be
15   terminated at any time by the Minister.

     Saving
     6. No act or omission of a person acting in place of another under
     clause 4 or 5 is to be questioned on the ground that the occasion for his
     or her appointment or acting had not arisen or had ceased.

20   Calling of meetings
     7. (1) Subject to subclause (2), meetings are to be held at the times
     and places that the board determines.
        (2) A special meeting of the board may at any time be convened by
     the chairperson.
25      (3) The first meeting of the board is to be convened by the
     chairperson.

     Presiding officer
     8. (1) The chairperson is to preside at all meetings of the board at
     which he or she is present.
30      (2) If both the chairperson and the deputy chairperson are absent
     from a meeting the members present are to appoint one of their number
     to preside.




                                        42
                    Botanic Gardens and Parks Authority
                                 Bill 1998                                      Sch. 1


     Quorum
     9. A quorum for a meeting of the board is at least one half of the
     number of members.

     Voting
 5   10. (1) At any meeting of the board each member present has a
     deliberative vote.
        (2) If the votes cast on a question are equally divided, the
     chairperson, deputy chairperson or other person presiding has a casting
     vote on the question.

10   Minutes
     11. The board is to cause accurate minutes to be kept of the
     proceedings at its meetings.

     Resolution without meeting
     12. A resolution in writing signed by each member or assented to by
15   each member by letter, telegram or facsimile is as effectual as if it had
     been passed at a meeting of the board.

     Telephone or video meetings
     13. A communication between a majority of the members by
     telephone, audio-visual or other electronic means is a valid meeting of
20   the board if each participating member is capable of communicating
     with every other participating member instantaneously at all times
     during the proceedings.

     Committees
     14. (1) The board may appoint committees to assist it in the
25   performance of its functions, and may discharge or alter any committee
     so appointed.
        (2)   A committee may include persons who are not members of the
     board.
        (3) Subject to the directions of the board and to the terms of any
30   delegation under section 12, a committee may determine its own
     procedures.

     Board to determine own procedures
     15.   Subject to this Act, the board is to determine its own procedures.


                                        43
                           Botanic Gardens and Parks Authority
Sch. 1                                  Bill 1998


                          Division 2 -- Disclosure of interests etc.

     Disclosure of interests
     16. (1) A member who has a material personal interest in a matter
     being considered or about to be considered by the board must, as soon
 5   as possible after the relevant facts have come to the member's
     knowledge, disclose the nature of the interest at a meeting of the board.
         Penalty:         $10 000.
       (2) A disclosure under subclause (1) is to be recorded in the
     minutes of the meeting.

10   Voting by interested members
     17. A member who has a material personal interest in a matter that
     is being considered by the board --
           (a)      must not vote whether at a meeting or otherwise --
                    (i)      on the matter; or
15                  (ii)     on a proposed resolution under clause 18 in respect of
                             the matter, whether relating to that member or a
                             different member;
                    and
           (b)      must not be present while --
20                  (i)      the matter; or
                    (ii)     a proposed resolution of the kind referred to in
                             paragraph (a) (ii),
                    is being considered at a meeting.

     Clause 17 may be declared inapplicable
25   18. Clause 17 does not apply if the board has at any time passed a
     resolution that --
           (a)      specifies the member, the interest and the matter; and
           (b)      states that the members voting for the resolution are
                    satisfied that the interest should not disqualify the member
30                  from considering or voting on the matter.




                                              44
                    Botanic Gardens and Parks Authority
                                 Bill 1998                                Sch. 1


     Quorum where clause 17 applies
     19. (1) Despite clause 9, if a member of the board is disqualified
     under clause 17 in relation to a matter, a quorum is present during the
     consideration of the matter if at least 3 members are present who are
 5   entitled to vote on any motion that may be moved at the meeting in
     relation to the matter.
        (2) The Minister may deal with a matter insofar as the board
     cannot deal with it because of subclause (1).

     Minister may declare clauses 17 and 19 inapplicable
10   20. (1) The Minister may by writing declare that clause 17 or 19 or
     both of them do not apply in relation to a specified matter either
     generally or in voting on particular resolutions.
        (2) The Minister must within 14 days after a declaration under
     subclause (1) is made cause a copy of the declaration to be laid before
15   each House of Parliament.




                                       45
                        Botanic Gardens and Parks Authority
Sch. 2                               Bill 1998


         SCHEDULE 2 -- SAVINGS AND TRANSITIONAL PROVISIONS
                                                                    [Section 55]

     Definitions
     1.    In this Schedule --
 5          ''assets'' means property of every kind whether tangible or
                  intangible, real or personal, corporeal or incorporeal and
                  includes without limitation --
                  (a)     choses in action;
                  (b)     goodwill; and
10                (c)     rights, interests and claims of every kind in or to
                          property,
                  whether arising from, accruing under, created or evidenced
                  by or the subject of, an instrument or otherwise and
                  whether liquidated or unliquidated, actual, contingent or
15                prospective;
            ''Board'' means the King's Park Board appointed by the Governor
                  under subsection (1) of section 3 of the Parks and Reserves
                  Act 1895 and constituted a body corporate under
                  subsection (4) of that section;
20          ''commencement'' means the commencement of this Act;
            ''liability'' means any liability, duty or obligation whether actual,
                   contingent or prospective, liquidated or unliquidated, or
                   whether owed alone or jointly or jointly and severally with
                   any other person;
25          ''right'' means any right, power, privilege or immunity whether
                  actual, contingent or prospective.

     Dissolution of Board
     2.    (1)   The Board is dissolved.
        (2) Sections 36, 37 and 38 of the Interpretation Act 1984 apply, in
30   relation to the dissolution of the Board, as if this Act were an Act
     repealing the Parks and Reserves Act 1895.




                                              46
                    Botanic Gardens and Parks Authority
                                 Bill 1998                                  Sch. 2


     Devolution of assets, liabilities etc.
     3.   On the commencement --
          (a)   the assets and rights of the Board that were immediately
                before the commencement vested in the Board vest in the
 5              Authority by force of this clause;
          (b)   the liabilities of the Board immediately before the
                commencement become, by force of this clause, the
                liabilities of the Authority;
          (c)   any proceedings or remedy that immediately before the
10              commencement might have been brought or continued by or
                available against or to the Board, may be brought or
                continued and are available, by or against or to the
                Authority;
          (d)   any act, matter or thing done or omitted to be done before
15              the commencement by, to or in respect of the Board (to the
                extent that that act, matter or thing has any force or effect)
                is to be taken to have been done or omitted by, to or in
                respect of the Authority;
          (e)   anything lawfully commenced by the Board may, so far as it
20              is not contrary to this Act, be carried on and completed by
                the Authority; and
          (f)   the Authority is to take delivery of all papers, documents,
                minutes, books of account and other records (however
                compiled, recorded or stored) relating to the operations of
25              the Board.

     Agreements and instruments
     4. Any agreement or instrument subsisting immediately before the
     commencement --
          (a)   to which the Board was a party; or
30        (b)   which contains a reference to the Board,
     has effect after the commencement as if --
          (c)   the Authority were substituted for the Board as a party to
                the agreement or instrument; and
          (d)   any reference in the agreement or instrument to the Board
35              were (unless the context otherwise requires) amended to be
                or include a reference to the Authority.




                                       47
                      Botanic Gardens and Parks Authority
Sch. 2                             Bill 1998


     References to Board in written law
     5. A reference to the Board in an enactment in force immediately
     before the commencement is to be read (unless the context otherwise
     requires) as if it had been amended to be a reference to the Authority.

 5   Chief executive officer
     6. (1) The person who immediately before the commencement
     occupied the office of chief executive officer of the Board is, after the
     commencement, the chief executive officer of the Authority until the
     expiry of the term of his or her appointment.
10      (2) Subject to the Public Sector Management Act 1994, the
     employment of the chief executive officer continues to be governed by
     the terms and conditions of service that applied before the
     commencement.

     Staff
15   7. (1) A person who immediately before the commencement was
     appointed by the Board under section 7 of the Parks and Reserves
     Act 1895 is to be taken after the commencement to be engaged by the
     chief executive officer under section 24 (1).
        (2) Except as otherwise agreed by a person referred to in
20   subclause (1), the operation of that subclause does not --
             (a)   affect the person's pay, as that term is defined in
                   regulation 3 (1) of the Public Sector Management
                   (Redeployment and Redundancy) Regulations 1994;
             (b)   prejudice the person's existing or accruing rights in respect
25                 of annual leave, long service leave, sick leave or parental
                   leave;
             (c)   affect any rights under a superannuation scheme; or
             (d)   interrupt continuity of service.

     Rangers
30   8. A person who immediately before the commencement was a ranger
     appointed by the Board under section 7 of the Parks and Reserves
     Act 1895 is to be taken after the commencement to be designated as a
     park management officer under section 26.




                                          48
                    Botanic Gardens and Parks Authority
                                 Bill 1998                                Sch. 2


     Annual reports for part of a year
     9. (1) The Board is to report as required by section 66 of the
     Financial Administration and Audit Act 1985, but limited to the period
     from 1 July preceding the commencement to the commencement, and
 5   Division 14 of Part II of that Act applies as if that period were a
     financial year of the Board.
        (2) Despite clause 2, the Board continues in existence for the
     purposes of subclause (1) and is entitled to receive from the Authority
     and its staff such assistance as it may require for that purpose.
10      (3) For the purposes of Division 14 of Part II of the Financial
     Administration and Audit Act 1985, the period from the commencement
     to the succeeding 30 June is to be regarded as a full financial year of
     the Authority.

     Existing leases not affected
15   10.   Nothing in this Act is to be taken to affect --
           (a)   the length of the term of a lease in force on the
                 commencement that was granted by the Board under a
                 power conferred by section 5 of the Parks and Reserves
                 Act 1895 or section 13 (1) of the Reserves Act 1955; or
20         (b)   the other terms and conditions of any such lease, including
                 any provision as to renewal.




                                        49
                     Botanic Gardens and Parks Authority
Sch. 3                            Bill 1998


          SCHEDULE 3 -- CONSEQUENTIAL AMENDMENTS TO
                         VARIOUS ACTS
                                             [Section 56]

     Constitution Acts Amendment Act 1899
 5   1. Part 3 of Schedule V is amended by inserting in the appropriate
     alphabetical position the following item --
     ''
           The board of management of the Botanic Gardens and
                Parks Authority established by the Botanic Gardens
10              and Parks Authority Act 1998.
                                                                         ''.

     Financial Administration and Audit Act 1985
     2.   Schedule 1 is amended --
           (a)    by inserting in the appropriate alphabetical position the
                  following item --
                  '' Botanic Gardens and Parks Authority ''; and
           (b)    by deleting ''The King's Park Board''.

     Government Employees Superannuation Act 1987
     3.   Schedule 1 is amended in Part B --
           (a)    by inserting in the appropriate alphabetical position the
                  following item --
                  '' Botanic Gardens and Parks Authority ''; and
           (b)    by deleting ''King's Park Board''.

     Parks and Reserves Act 1895
     4.   (1)    Section 2A is amended --
           (a)    by inserting after the section designation ''2A.'' the
                  subsection designation ''(1)''; and




                                         50
                 Botanic Gardens and Parks Authority
                              Bill 1998                                Sch. 3


      (b)   by inserting the following subsection --
            ''
                      (2) This Act does not authorize the
                   Governor to appoint persons to form a Board to
                   control and manage designated land as defined
                   in section 3 of the Botanic Gardens and Parks
                   Authority Act 1998.
                                                                       ''.
   (2) Section 5 is amended by repealing subsections (3), (4), (4a), (5),
(5A) and (5B).

Public Sector Management Act 1994
5.   Schedule 2 is amended --
      (a)   by inserting after item 2 the following item --
            ''
                   3    Botanic Gardens and Parks Authority,
                        established under the Botanic Gardens
                        and Parks Authority Act 1998
                                                                       '';
            and
      (b)   by deleting item 25.

Sentencing Act 1995
6. Schedule 1 is amended by inserting in the appropriate alphabetical
position the following item --
''
      Botanic Gardens and Parks     Botanic Gardens and Parks
      Authority Act 1998            Authority.
                                                                       ''.




 


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