Geelong Performing Arts Centre Trust Act 1980

Version No. 025

Geelong Performing Arts Centre Trust Act 1980

No. 9406 of 1980

Version incorporating amendments as at 7 December 2007

table of provisions

Section Page

1 Short title and commencement 1

2 Definitions 1

3 Geelong Performing Arts Centre Trust 2

4 Transitional 3

5 Functions of Trust 4

6 Powers of Trust 5

6A Trust subject to control of Minister 7

7 Composition of Trust 7

8 Vacancies 9

9 Chairman 10

10 Trust first constituted 10

11 Procedure 11

12 Travelling expenses 11

12A Membership of Trust not office of profit 11

13 Committees 11

14 Employees 12

15 Moneys 13

16 Borrowing powers of Trust 14

17 Accounts and audits 15

18 Repealed 15

18A Trust may make by-laws 15

19 Regulations 16

20 Transitional and saving 16

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ENDNOTES 17

1. General Information 17

2. Table of Amendments 18

3. Explanatory Details 20

Version No. 025

Geelong Performing Arts Centre Trust Act 1980

No. 9406 of 1980

Version incorporating amendments as at 7 December 2007

An Act to Constitute the Geelong Performing Arts Centre Trust, to make Provision with respect to the Construction, Management and Operation of the Geelong Performing Arts Centre and for other purposes.

Geelong Performing Arts Centre Trust Act 1980
No. 9406 of 1980

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1 Short title and commencement

(1) This Act may be cited as the Geelong Performing Arts Centre Trust Act 1980.

(2) This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2 Definitions

In this Act, unless inconsistent with the context or subject-matter—

S. 2 def. of authorised deposit-taking institution inserted by No. 11/2001 s.3(Sch. item32.1).

authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;

S. 2 def. of centre amended by No. 18/1989 s.13(Sch. 2 item 31).

centre means—

(a) the land under Crown Grant dated 4 March 1902 and comprised in folio of the Register volume 2889 folio 654;

(b) the land described in the deed registered by Memorial 341 in Conveyance Book709; and

(c) the land, being Crown Allotment 9, section 55A, City of Geelong, Parish of Corio, County of Grant, which was permanently reserved by an Order in Council of 17 October 1978 as a site for Public Purposes (Performing Arts)—

and the buildings and improvements thereon;

S. 2 def. of Chairman inserted by No. 29/1994 s.29.

Chairman means President[1];

institute means the Geelong and District Cultural Institute incorporated by the Geelong and District Cultural Institute Act 1954;

property includes money and any thing in action and any interest in property;

Treasurer means the Treasurer of Victoria;

Trust means the Geelong Performing Arts Centre Trust established by section 3(1).

3 Geelong Performing Arts Centre Trust

s. 3

(1) There shall be a body corporate by the name of the Geelong Performing Arts Centre Trust which shall have perpetual succession and a common seal and be capable in law of holding land and of suing and being sued and of doing and suffering all acts, matters and things which bodies corporate may by law do and suffer.

(2) The Trust shall be the successor in law of the Institute.

4 Transitional

s. 4

(1) On the commencement of this Act—

S. 4(1)(a) repealed by No. 10087 s.4(1)(Sch.2).

* * * * *

(b) the members of the Council of the Institute shall go out of office;

(d) all property whatsoever which immediately prior to the commencement of this Act was vested in the Institute shall by virtue only of this Act and without any transfer or conveyance be vested in the Trust; and

(e) any amount standing to the credit of the Institute shall be transferred to the Trust and credited to the Geelong Performing Arts Centre Trust Fund.

(2) Every donation, gift, disposition and trust of property lawfully made or declared or deemed to have been made or declared whether before or after the commencement of this Act by deed, will or otherwise to or in favour of the Institute or for the use or purposes of the Institute shall take effect as if it had in respect of each particular item of property comprised in it been made or declared to or in favour of or for the use or purposes of the Trust.

(3) The Governor in Council may notwithstanding anything to the contrary in the Crown Land (Reserves) Act 1978 grant to the Trust the land referred to in paragraph (c) of the interpretation of "Centre" in section 2 for the purposes for which the land is reserved subject to such conditions, exceptions and reservations as the Governor in Council thinks fit.

(4) All acts, matters and things of a continuing nature made, done or commenced by or in relation to or on behalf of the Institute before the commencement of this Act which are of any force or effect or capable of acquiring any force or effect shall be deemed and taken to have been made, done or commenced by or in relation to or on behalf of the Trust and shall have or acquire force or effect and may be continued and completed by or in relation to or on behalf of the Trust accordingly.

(5) Without limiting the generality of anything in subsection (3), the powers, duties, liabilities and obligations of the Institute under or arising out of the mortgage of the land referred to in paragraph (b) of the interpretation of "Centre" in section 2 executed by the Institute in favour of the Australia and New Zealand Savings Bank Limited shall become and be powers, duties, obligations and liabilities of the Trust.

S. 4(6) repealed by No. 10087 s.4(1)(Sch.2).

* * * * *

5 Functions of Trust

s. 5

The functions of the Trust shall be—

(a) to complete the construction of the Centre, which shall be known as the Geelong Performing Arts Centre;

(b) to care for, improve and maintain the Centre;

S. 5(d) substituted by No. 9795 s.2, amended by No. 29/1994 s.30(a).

(d) to present and produce theatrical performances, operas, plays, dramas, ballets and musical and other performances, and entertainments of any kind whatsoever—

(i) in the Centre; and

(ii) outside the Centre;

S. 5(e) amended by No. 29/1994 s.30(b).

(e) to promote the use of the Centre by persons and bodies whom the Trust consider suitable to use it; and

S. 5(f)
inserted by No. 29/1994 s.30(b).

(f) to perform any other functions appropriate to the Centre as the Minister may approve.

6 Powers of Trust

s. 6

(1) Subject to section 16, the Trust shall have power to do all things necessary or convenient to be done for or in connexion with, or incidentally to, the performance of its functions.

(2) Without limiting the generality of subsection (1), the powers of the Trust include power—

(a) to purchase or take on lease or on hire or accept on deposit or loan any personal property for use in or in connexion with the Centre;

(b) to grant leases of or licences to use the Centre or any part of it;

(c) to carry on in the Centre or enter into contracts or arrangements with any person to carry on in the Centre any business which in the opinion of the Trust will improve the facilities or amenities of the Centre;

(d) to acquire and install any equipment or apparatus which in the opinion of the Trust will improve the facilities or amenities of the Centre;

S. 6(2)(e) amended by Nos 97/1987 s.181(5), 74/2000 s.3(Sch. 1 item57).

(e) to apply for and hold any licence or permit under the Liquor Control Reform Act 1998 or any other Act;

(f) to register, purchase, apply for or otherwise acquire either wholly or in part any invention, copyright, trade-mark or other mark or design, patent, patent rights and privileges, licence, concession or other like right which in the opinion of the Trust will assist the Trust to perform its functions and to sell, dispose of, use, exercise and develop such right or invention and to grant licences or privileges in respect thereof;

(g) to enter into any contract, agreement or arrangement with any person or body whether corporate or unincorporate for the purpose of carrying out its functions under this Act or for the better use of its land, equipment and staff;

s. 6

(h) to install, use, work and maintain or grant upon such terms and conditions and upon payment of such charges as may be determined by the Trust the right to install, use, work or maintain film cameras and projectors and broadcasting and television apparatus in the Centre;

(i) to print or reproduce in any manner or form and to publish or arrange for the printing or reproduction and publication of plays, music, programmes, posters, advertisements or other material which the Trust may deem it expedient to print or reproduce and publish and to acquire the copyright therein;

(j) to commission plays, compositions, ballets, operas, musical comedies or other works;

(k) to purchase and operate or let on hire theatre cinema or other equipment;

(l) to establish and operate a public museum of the performing arts and a public music library;

(m) to purchase or take on lease any land or any interest or estate in land which in the opinion of the Trust is required to facilitate the performance of its functions; and

(n) to solicit and accept and to hold and administer gifts, bequests and devises of money, securities or other property for the purpose of performing its functions under thisAct.

S. 6A
inserted by No. 29/1994 s.31.

6A Trust subject to control of Minister

s. 6A

In performing its functions and exercising its powers under this Act, the Trust is subject to the general direction and control of the Minister.

7 Composition of Trust

S. 7(1) amended by No. 9795 s.3, substituted by No. 67/1997
s. 3.

(1) The Trust shall consist of not fewer than 7 and not more than 11 members appointed by the Governor in Council on the nomination of the Minister.

S. 7(2) substituted by Nos 29/1994 s.32(1), 67/1997
s. 3.

(2) One of the members of the Trust must be nominated by the Minister from a panel consisting of—

(a) 3 persons nominated by the City of Greater Geelong;

(b) one person nominated by the Golden Plains Shire;

(d) one person nominated by the Borough of Queenscliffe.

S. 7(2A) inserted by No. 67/1997
s. 3.

(2A) Not less than half of the other members nominated by the Minister shall be chosen from persons who are, in the opinion of the Minister—

(a) experienced in the field of education; or

(b) experienced in business administration and finance; or

S. 7(2B) inserted by No. 67/1997
s. 3.

(2B) The remaining members of the Trust must be chosen from persons who, in the opinion of the Minister, demonstrate an active interest and leadership in the performing arts in the geographical area served by the Geelong Performing Arts Centre.

s. 7

(3) Subject to this Act, a member of the Trust shall hold office for such term not exceeding three years as is specified in the instrument by which he is appointed and shall be eligible for re-appointment.

S. 7(3A) inserted by No. 29/1994 s.32(2).

(3A) A person who has been a member of the Trust for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless[2]—

(a) the person is, or immediately before the expiry of the ninth consecutive year the person was, the Chairman; or

(b) a period of 3 years or more has elapsed since the person last was a member of the Trust.

S. 7(4) repealed by No. 42/1995
s. 224(Sch. 2 item 19).

* * * * *

(5) The Governor in Council may at any time revoke the appointment of a member of the Trust.

8 Vacancies

s. 8

(1) The office of a member of the Trust shall become vacant—

(a) at the expiration of his term of office;

(b) if he dies;

(d) if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his estate for the benefit of his creditors;

(e) if he resigns by writing under his hand addressed to the Governor in Council;

(f) if without leave granted by the Chairman he fails to attend four consecutive meetings of the Trust; or

(g) if his appointment is revoked by the Governor in Council.

(2) Where leave is granted to a member of the Trust by the Chairman for more than three consecutive meetings the Trust shall notify the Minister of the granting of the leave.

S. 8(3)(4) repealed by No. 29/1994 s.33.

* * * * *

9 Chairman

s. 9

(1) The Governor in Council shall when appointing the members of the Trust appoint one of the members to be the Chairman of the Trust and may fill any vacancy in the office of Chairman.