QueenslandNationalTrustofQueenslandAct1963Current as at 26 September 2014Reprint noteThis is the last
reprint before expiry. Expired on 26 September 2014 (see s43).
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National Trust of Queensland Act 1963Part
1 Preliminary[s 1]National Trust of
Queensland Act 1963[as amended by all amendments that commenced
on or before 26 September2014]AnActaboutthepreservationandmaintenanceoflands,buildingsandotherthingsofbeautyorofnational,historic,scientific, artistic or architectural
interestPart 1Preliminary1Short
titleThis Act may be cited as theNational Trust of Queensland Act1963.2DefinitionsIn this
Act—administratorsee section
29(2).companysee section
38B.councilmeans the
Council of the National Trust constitutedunder this
Act.councillormeans a member
of the council.executivecommitteemeanstheexecutivecommitteeofthecouncil
constituted under this Act.NationalTrustmeanstheNationalTrustofQueenslandconstituted and
incorporated by this Act.rulemeans a rule
made under section 18.Current as at 26 September 2014Page
5
National Trust of Queensland Act 1963Part 2
The National Trust[s 3]Part 2The
National Trust3Establishment of National TrustThe
National Trust of Queensland is established.3ALegal
status of National TrustThe National Trust—(a)is a body corporate; and(b)has a seal; and(c)may
sue and be sued in its corporate name.3BNational Trust’s powers(1)TheNationalTrusthasallthepowersofanindividualandmay,
for example—(a)enter into contracts; and(b)acquire, hold, deal with and dispose
of property; and(c)appoint and act through agents and
attorneys; and(d)employ staff and engage consultants;
and(e)do anything else necessary or
convenient to be done for,or in connection with, its
functions.(2)The National Trust may exercise its
powers inside and outsideQueensland, including outside
Australia.4Membership of the National
TrustThe National Trust shall consist of—(a)the persons and bodies corporate who
are for the timebeing,membersoftheNationalTrustinaccordancewith the rules;
and(b)thepersonsforthetimebeingholdingofficeascouncillors of the National Trust.Page
6Current as at 26 September 2014
National Trust of Queensland Act 1963Part
2 The National Trust[s 5]5Objects of the National TrustTheNationalTrustisconstitutedforthepurposesofpromoting—(a)the
preservation and maintenance for the benefit of thepublic generally of lands, buildings,
furniture, picturesandotherchattelsofbeautyorofnational,historic,scientific, artistic, or architectural
interest;(aa)where the state
of any building referred to in paragraph(a) is such that
it does not express the original design orintentionforthatbuilding—therestorationorcompletion of that building to the extent of
or to a lesserextent than the original design or intention
so as to beconsistentandinharmonywiththeoriginaldesignorintention having regard to its
architectural style;(b)theprotectionandaugmentationoftheamenitiesofsuchlands,buildingsandchattelsandtheirsurroundings;(c)the
access to and enjoyment of such lands, buildings andchattels by the public.6The
council(1)ThereshallbeacounciloftheNationalTrustwhichshall,subject to this
Act, have and may exercise and discharge thepowers,authorities,dutiesandfunctionsconferredandimposed upon the council or the
National Trust by or underthis or any other Act.(2)SubjecttotheprovisionsofthisAct,thecouncilshalladminister,manageandconducttheaffairsoftheNationalTrust and the
business and management thereof, and may doandperformallactsandthingsthatarenecessaryorconvenientforgivingeffecttotheobjectsoftheNationalTrust set out in section 5.(3)The council’s exercise of its powers
and functions—Current as at 26 September 2014Page
7
National Trust of Queensland Act 1963Part 2
The National Trust[s 8](a)intheCityofBrisbane—issubjecttotheCityofBrisbaneAct2010andtheSustainablePlanningAct2009; and(b)anywhereelseinQueensland—issubjecttotheLocalGovernment Act 2009and theSustainable Planning Act2009.8Constitution of
subsequent councils(1)Thecouncilshallbeconstitutedinaccordancewiththissection and
shall consist of not more than 25 councillors.(2)Ten
councillors (theelected councillors) shall be
elected, inaccordance with the rules, from amongst the
members of theNational Trust.(2A)Theelectedcouncillorsshallholdofficeforaperiodof2years,savethat,attheendof1yearfollowingupontheconstitution of the council pursuant
to this section, 5 electedcouncillors shall retire and 5 other
councillors shall be electedin their
place.(2B)Thereafter, 5
elected councillors shall retire each year.(2C)The
elected councillors to retire at the end of each year shallbe
determined by the executive committee and the retirementshallbedeterminedsothattheelectedcouncillorsretireinrotation.(2D)Retiringelectedcouncillorsshall,unlessotherwisedisqualified, be eligible for
re-election.(3)Theremainingmembersofthecouncil(theappointedcouncillors) shall be
appointed to the council in accordancewith the
by-laws.(3A)One appointed
councillor may be so appointed by each of thefollowing
bodies, associations or persons, that is to say—(a)the Royal Historical Society of
Queensland;(b)the University of Queensland;(c)theQueenslandChapteroftheRoyalAustralianInstitute of
Architects;Page 8Current as at 26
September 2014
National Trust of Queensland Act 1963Part
2 The National Trust[s 8](d)the
Library Board of Queensland;(e)the
director of the Queensland Museum;(f)the
chief executive;(g)the Local Government Association of
Queensland;(h)the Queensland Country Women’s
Association;(i)the Queensland Art Gallery Board of
Trustees;(j)theReturned&ServicesLeagueofAustralia(Queensland
Branch).(3B)The Minister may
from time to time declare that an appointedcouncillormaybeappointedbysomebody,associationorpersonotherthanthosehereinbeforementioned,eitherinaddition to or in substitution for any
1 or more of the bodies,associations or persons so mentioned
or by way of increase inthenumberofcouncillorsappointedbyanyofthebodies,associations or
persons so mentioned.(3C)Anappointedcouncillorshall
holdofficeforsuchtermnotexceeding3yearsasthebody,associationorpersonappointing the
councillor may determine.(3D)Retiringappointedcouncillorsshall,unlessotherwisedisqualified be eligible for
reappointment.(4)Where a body, association or person
fails to appoint a memberin accordance with the by-laws, the
Minister may appoint tothe council a person who in the
opinion of the Minister willrepresent the
interests of that body, association or person.(5)Whereacasualvacancyoccursintheofficeofanelectedcouncillor,theremainingmembersofthecouncilshallappoint a
person, being a member of the National Trust, to thevacant office.(6)Where a casual vacancy occurs in the office
of an appointedcouncillor, the body, association or person
represented by thecouncillorwhoseofficehasbecomevacantmayappointaperson to the vacant office.Current as at 26 September 2014Page
9
National Trust of Queensland Act 1963Part 2
The National Trust[s 9](7)Any
person appointed to thecouncilpursuanttosubsection(5)or(6)shallholdofficefortheresidueoftheperson’spredecessor’s term of office.9DisqualificationsA person
who—(a)is under the age of 18 years;(b)becomesbankruptorcompoundswiththeperson’screditors,orotherwisetakesadvantageofthelawsinforce for the time being relating to
bankruptcy;(c)hasbeenconvictedinQueenslandofanindictableoffence,orhasbeenconvictedelsewherethaninQueenslandofanoffencewhichifcommittedinQueensland would be an indictable
offence;(e)holdsanyofficeorplaceofprofitundertheNationalTrust;shall not be capable of being or continuing
to be a councillor.10Vacancies in councilAcouncillorshallbedeemedtohavevacatedofficeifthecouncillor—(a)dies;(b)resignsofficebysignednoticeaddressedtothepresident of the National
Trust;(c)isabsent,withouttheleaveofthecouncil,from3consecutive ordinary meetings of the
council of whichnotice has been given to the councillor
personally or inthe ordinary course of post;(d)being an elected councillor, ceases to
be a member ofthe National Trust;(e)becomes disqualified or ceases to be
qualified under theprovisions of this Act.Page 10Current as at 26 September 2014
National Trust of Queensland Act 1963Part
2 The National Trust[s 11](2)Also, a councillor’s office becomes vacant
if the councillor isremoved from office because the
councillor becomes mentallyorphysicallyincapableofsatisfactorilyperformingthecouncillor’s duties.(3)A
councillor may be removed under subsection (2) only by—(a)for an elected councillor—the National
Trust; or(b)foranappointedcouncillor—theentitythatappointedthe
councillor.11Executive committee and
subcommittees(1)There shall be an executive committee
of the council whichshall, in addition to any powers
conferred upon it by this Act,haveandmayexerciseanddischargesuchofthepowers,authorities,dutiesandfunctionsoftheNationalTrust(savethose powers,
authorities, duties and functions referred to insections 16, 18, 22 and 27) as are for the
time being conferredand imposed upon, or delegated to it
by the council.(1A)Theexecutivecommitteeshallconsistofthepresident,vice-presidents,
secretary and treasurer of the National Trust,togetherwiththecouncillorselectedtobemembersoftheexecutive
committee under section 13.(1B)Thecouncilmayaddtotheexecutivecommitteeforsuchlength of time
and with such powers of voting or otherwise asthecouncilthinksfitanymemberoftheNationalTrustorotherpersonwhoseassistancethecouncilconsidersconducivetothefurtheranceoftheobjectsoftheNationalTrust.(2)Thecouncilortheexecutivecommitteemayappointanycommittee in the case of the council, or any
subcommittee inthe case of the executive committee for any
special purposeand may add to any such committee or
subcommittee as thecase may be for such length of time and with
such powers ofvoting or otherwise as the council or the
executive committee,asthecaserequires,maythinkfit,anymemberoftheNational Trust or other person whose
assistance the council ortheexecutivecommittee,asthecaserequires,considersCurrent as at 26
September 2014Page 11
National Trust of Queensland Act 1963Part 2
The National Trust[s 12]conducivetothefurtheranceoftheobjectsoftheNationalTrust.12BranchesThe council may
establish branches of the National Trust.13President, vice-presidents, secretary and
treasurer(1)At the first duly convened meeting of
the council held aftertheannualgeneralmeetingoftheNationalTrust,thecouncillors shall, in accordance with the
rules, elect—(a)from amongst the elected councillors a
president, suchnumber (not exceeding 4) of vice-presidents
as may bespecified in the rules, a secretary and a
treasurer of theNational Trust;(b)fromamongstanyofthecouncillors,suchnumberofcouncillors(electedmembersoftheexecutivecommittee) to be members
of the executive committeeas may be specified by the
rules.(1A)Thepersonselectedundersubsection(1)shall,subjecttocontinuingtoberespectivelymembersofthecouncil,holdoffice until the
election of their respective successors at thecorresponding
meeting of the council in the next ensuing year.(2)ThecouncilmayappointsuchofficersandservantsoftheNationalTrustasthecouncilmayfromtimetotimedeemnecessaryordesirableand(subjecttoanylaw,awardordeterminationrelatingthereto)mayfixtheirsalariesandwages and conditions of employment and
may determine theirrespective duties and the tenure of their
respective offices.(2A)Thecouncilmayelectapatronandanynumberofvice-patrons but the persons so elected
shall not by reason ofsuch election be members of the
council.(2B)Thecouncilmayappointfromamongstitsmemberssuchhonorary officers of the National Trust as
it may, from time totime, think fit, and may determine any
such appointment atany time.Page 12Current as at 26 September 2014
National Trust of Queensland Act 1963Part
2 The National Trust[s 15](3)Where a casual vacancy occurs in the office
of the president, avice-president, the secretary or the
treasurer, the councillorsshall,inaccordancewiththerules,electfromamongsttheremainingelectedcouncillorsasuccessortofillthevacantoffice and such
successor shall hold office for the residue ofthe councillor’s
predecessor’s term of office.(3A)In
subsection (3)—elected councillorincludes a
person appointed under section8(5) to the
vacant office of an elected councillor.(3B)Whereacasualvacancyoccursintheofficeofanyelectedmember of the
executive committee the councillors shall, inaccordancewiththerules,electfromamongstanyoftheremaining councillors a successor to fill
the vacant office andsuchsuccessorshallholdofficefortheresidueofthecouncillor’s predecessor’s term of
office.(4)At every meeting of the council and
the executive committeeatwhichthepresidentispresentthepresidentorinthepresident’sabsencesuchothercouncillorastherulesmayprescribe shall preside.(4A)The
president or other councillor presiding at any meeting ofthe
council or executive committee shall have a deliberativevoteand,intheeventofanequalityofvotes,asecondorcasting vote.(5)A
decision of the majority of the councillors present at anymeeting of the council at which there is a
quorum shall be adecision of the council.(6)A
decision of the majority of the members of the executivecommittee present at any meeting of the
executive committeeat which there is a quorum, as determined by
the rules fromtime to time, shall be a decision of the
executive committee.15Common seal(1)The
council shall have the custody of the common seal of theNational Trust and the form of such seal and
all other mattersrelating thereto shall, subject as
hereinafter provided in thisCurrent as at 26
September 2014Page 13
National Trust of Queensland Act 1963Part 2
The National Trust[s 16]section be from
time to time determined at a duly constitutedmeeting of the
council.(2)ThecommonsealoftheNationalTrustshallnotbeusedexcept upon the
order of the council or, where authority to usethecommonsealhasbeendelegatedbythecounciltotheexecutivecommitteeupontheorderoftheexecutivecommittee.(3)Any
instrument or document which if made between privatepersons would be by law required to be in
writing under sealmay be made on behalf of the National Trust
in writing underthe common seal of the National
Trust.(3A)Every instrument
or document to which the common seal isaffixedshallbesignedby2councillorsandeitherthesecretaryoftheNationalTrustorsuchotherpersonasthecouncil may appoint.(3B)Anyotherinstrumentordocumentmadebyorproceedingfrom the
National Trust shall be deemed to be duly executed ifsignedby2councillorsandeitherthesecretaryoftheNationalTrustorsuchotherpersonasthecouncilmayappoint.(4)All
courts, judges, justices, and persons acting judicially
shalltake judicial notice of the common seal of
the National Trustaffixedtoanyinstrumentorotherdocumentandshallpresume that it
was duly affixed.(5)It shall not be necessary in any legal
proceeding to prove thatthe persons signing any instrument or
other document referredto in subsection (3A) or (3B) were
authorised to sign and suchauthority shall
be presumed until the contrary is proved.16By-laws(1)The
council may make by-laws under this Act.(2)A
by-law must be approved by the Governor in Council.(3)By-laws may be made for—Page
14Current as at 26 September 2014
National Trust of Queensland Act 1963Part
2 The National Trust[s 16](a)thecare,controlandmanagementoflands,buildings,furniture,picturesandotherchattelsreferredtoinsection5andacquiredbyorunderthecontroloftheNational Trust;(b)the
regulation of the use and enjoyment of such lands,buildings, furniture, pictures and other
chattels;(c)the securing of decency and order upon
such lands andbuildings;(d)theremovaloftrespassersandotherpersonscausingannoyance or
inconvenience upon or in such lands andbuildings;(e)the
regulation or prevention of the taking of intoxicatingliquor onto or into, and the consuming
thereof upon orin such lands and buildings;(f)the regulation and control of the
taking of animals ontoorintosuchlandsandbuildings,orthepermittingorsufferingofanimalstobeonorinsuchlandsandbuildings;(g)theregulation,controlorprohibitionoftrafficandofparking,campingorresidingonorinsuchlandsandbuildings,themakingofchargesforsuchparking,camping or residing, and the collection and
receiving ofsuch charges by the council or other
persons;(h)thepreservationorprotectionof,orpreventionofdamage to such lands, buildings, furniture,
pictures andotherchattels,andalltrees,shrubs,ferns,creepers,vines,palms,plants,flowers,herbage,andothervegetative cover
on such lands or in such buildings, andthe preservation
or protection of any animals, birds, fishand other fauna
of any nature whatsoever and whethernatural or
introduced on such lands;(i)theofferingandpaymentofrewardstopersonssupplyinginformationinrelationtoanyunauthoriseddamage to such
lands or buildings or in relation to anyunauthorised
damage or injury to any of the matters orthings referred
to in paragraph (h), or in relation to theCurrent as at 26
September 2014Page 15
National Trust of Queensland Act 1963Part 2
The National Trust[s 16]unauthorisedremovalfromsuchlandsorbuildingsofany
of the matters or things referred to in paragraph (h),orinrelationtothecommissionofanyoffenceinrespect of such lands, buildings, matters or
things;(j)themakingofchargesorentrancefeesonpersonsorassociations or groups of persons using or
entering uponsuch lands and buildings, or any specified
part or partsthereof, and the collection and receiving of
such chargesand fees by the council or other
persons;(k)prescribingthemannerofappointingpersonstothecouncil under
section 8(3) and the time after the annualgeneral meeting
of the National Trust within which suchpersons shall be
appointed to the council.(4)The power of the
council to make by-laws for or with respectto any lands
shall extend to authorising the council to makeby-laws applying
to any lands acquired by or under the controlof the National
Trust and used in conjunction with any land orbuilding
referred to in section 5 and acquired by or under thecontrol of the National Trust.(5)Theby-lawsmayimposeapenaltynotexceeding$100foranybreachthereofandinadditiontosuchpenaltymayimposeadailypenaltynotexceeding$20perdayforanycontinuing breach thereof.(6)Any such penalty may be recovered in a
summary way undertheJusticesAct1886,uponthecomplaintofanypersonauthorised in
that behalf either generally or in a particular caseby
the president of the National Trust.(7)For
the purposes of this Act the signature of the president ofthe
National Trust shall be judicially noticed.(8)A
person responsible for any unauthorised damage, injury orremoval or for any offence in relation to
which an amount ofanyrewardforinformationispaidunderthisActshallbeliable, and in any case where there is more
than 1 such person,they shall be jointly and severally liable,
to pay to the NationalTrust the amount so paid.Page
16Current as at 26 September 2014
National Trust of Queensland Act 1963Part
2 The National Trust[s 18](9)The
National Trust may recover any amount outstanding thata
person is liable to pay to it under subsection (8) by action
asfor a debt in any court of competent
jurisdiction.18RulesTheNationalTrustmayingeneralmeetingmakerulesnotinconsistent with this Act or the by-laws
for or with respectto—(a)regulating the
affairs, business and management of theNational Trust;
and(b)themethodandtimeofconvening,holdingandadjourning meetings of the National
Trust, the counciland the executive committee; and(ba)the voting at
such meetings (including postal and proxyvoting);
and(bb)the conduct and
record of the business of the NationalTrust, the
council and the executive committee; and(bc)thequorumatmeetingsoftheNationalTrust,thecouncil and the executive committee;
and(c)the election of the president of the
National Trust, suchnumber(notexceeding4)ofvice-presidentsoftheNationalTrustasmaybespecifiedintherules,asecretary and a treasurer of the National
Trust and theelected councillors; and(d)theresignationofelectedcouncillorsandappointedcouncillorsandofelectedmembersoftheexecutivecommittee; and(e)casual vacancies in the office of any
elected member oftheexecutivecommitteeorintheofficeofpresident,vice-president,secretaryortreasureroftheNationalTrust;
and(f)regulatingtheadmission,resignationandexpulsionofmembers of the National Trust; andCurrent as at 26 September 2014Page
17
National Trust of Queensland Act 1963Part 2
The National Trust[s 18A](g)all
matters which are required or permitted by this Act tobe
prescribed by the rules.18ASuperannuation
schemesThe National Trust may—(a)establish or amend superannuation schemes;
or(b)joininestablishingoramendingsuperannuationschemes;
or(c)take part in superannuation
schemes.19Prohibition on payment of dividends
etc. from income orproperty of the National TrustNo
dividend, bonus or other profit shall at any time be paidoutoftheincomeorpropertyoftheNationalTrusttoanymember of the
National Trust.20Declaration that National Trust is
statutory body(1)The National Trust is a statutory body
within the meaning ofthe—(a)Financial Accountability Act 2009;
and(b)Statutory Bodies Financial
Arrangements Act 1982.(2)TheStatutory Bodies Financial
Arrangements Act 1982, part2B sets out the
way in which the powers under this Act of theNational Trust
are affected by theStatutory Bodies FinancialArrangements Act 1982.(3)The National Trust may keep an
investment that is transferredto it otherwise
than by way of purchase, even if the investmentisnotauthorisedundertheStatutoryBodiesFinancialArrangements Act
1982.20APower of National
Trust to cooperate with other bodiesThe National
Trust may—Page 18Current as at 26
September 2014
National Trust of Queensland Act 1963Part
2 The National Trust[s 22](a)cooperatewithanycorporation,bodyorsociety(whether in
Queensland or not), having objects whollyorsubstantiallysimilartotheobjectsoftheNationalTrust, for the purpose of promoting the
objects of suchcorporation,bodyorsocietyortheobjectsoftheNational Trust; and(b)if it thinks fit become a member of or
an affiliate of anysuch corporation, body or society.22Use of funds receivedAll
moneys received by the National Trust on capital accountshall,subjecttotheconditionattachedtoanygift,beapplicable in or towards the repayment of
moneys borrowed,or otherwise in furthering the objects of
the National Trust.23Sale or disposal of certain
property(1)WheretheGovernorinCouncilissatisfiedbytheNationalTrust that any
property for the time being vested in it is unfitornotrequiredfortheobjectsoftheNationalTrustandapproves of the National Trust so doing, the
National Trustmay,notwithstandingthetermsofanytrustaffectingtheproperty or any arrangement or
condition made or agreed tobyitatthetimeoftheacquisitionofthepropertybytheNational Trust—(a)sell
the property or exchange it for any other property;or(b)dispose of the
property without consideration or in thecaseofpersonalpropertydestroythepropertyiftheNational Trust adjudges it to be of no
saleable value.(1A)The proceeds of
any sale made by the National Trust in theexerciseofthepowerconferredonitbysubsection(1)(a)shall, after deduction therefrom of the
costs of and incidentalto the sale, be held for the objects
of the National Trust.(2)Anypropertysoldordisposedofbywayofexchangeorotherwise by the National Trust purporting
to exercise any ofCurrent as at 26 September 2014Page
19
National Trust of Queensland Act 1963Part 2
The National Trust[s 24]the powers
conferred on it by subsection (1) shall vest in thepersonacquiringthepropertybyvirtueofthesaleordisposition freed and discharged from any
trust, arrangement,or condition relating to any sale or
disposition of the propertyor to the use of
the property, to which the property was subjectin the hands of
the National Trust.(3)NopersonacquiringanypropertyfromtheNationalTrustpurporting to exercise any of the powers
conferred on it bysubsection (1) shall be concerned to inquire
whether a casehasarisentoauthorisethesaleorotherdispositionofthepropertyorwhetherthepowerwasotherwiseproperlyandregularly exercised or to see to the
application of any purchasemoney paid to
the National Trust.24Power of National Trust to act as
trusteeThe National Trust may act as trustee of any
lands, buildings,furniture, pictures and other chattels
referred to in section 5, ifappointedsotoactbyanyperson(includingtheCrown)entitled to
appoint trustees thereof.25Power of National
Trust to lend articlesTheNationalTrustmay,forthepurposeofpromotingtheobjects of any corporation, body, or society
either within oroutsideQueensland,havingobjectswhollyorsubstantiallysimilar to the
objects of the National Trust, lend any articles ofthe
National Trust to such corporation, body or society.27Budget(1)Before 30 June in each year the council of
the National Trustshallcausetobeframedandshalladoptabudgetforthefollowing financial year in the form
and manner prescribed.(2)The estimates of
receipts and disbursements shall be set out asnearlyasmaybeseparatelyinaccordancewiththeseveralsources of
receipts and disbursements and, where receipts andPage
20Current as at 26 September 2014
National Trust of Queensland Act 1963Part
2 The National Trust[s 28]disbursements
are for corresponding functions, they shall beset out opposite
each other in the budget.(3)Subjecttotheregulations,thebudgetshallsetoutthefollowing particulars in respect of each
item of receipts anddisbursements—(a)particulars of each item;(b)estimates adopted for the current
financial year;(c)actualreceiptsanddisbursementsforthecurrentfinancial
year;(d)estimatesofreceiptsanddisbursementsforthefollowing financial year.(4)The budget shall be framed so as to
balance as nearly as maybe.28Observance of budget(1)The
National Trust shall observe the budget.(2)If
at the end of any financial year there is a surplus or
deficit,such surplus or deficit shall be carried
forward and taken intoaccount in framing the budget for the
following financial year.(3)If the National
Trust makes a disbursement in any financialyear that has
not been provided for in the budget, then exceptwhere the disbursement is made in emergent
or extraordinarycircumstanceswarrantingtheincurringofsuchexpenditureand with the
prior approval by resolution of the council, themembersofthecouncilortheexecutivecommitteewhoknowinglyauthorisedthatexpenditureshallbejointlyandseverally liable to repay to the National
Trust the amount ofthedisbursementandsuchamountmayberecoveredbyaction in a court of competent
jurisdiction as a debt due andowing by all and
each of such members to the National Trust.Current as at 26
September 2014Page 21
National Trust of Queensland Act 1963Part 3
Administrator[s 29]Part 3Administrator29Appointment of administrator(1)This section applies if—(a)the Minister is satisfied the National
Trust is unable toperform its functions under the Act;
or(b)the council asks the Minister for the
section to apply.(2)The Governor in Council may, by
gazette notice, appoint asadministratoroftheNationalTrust(theadministrator)apersontheMinisterconsidershasappropriatequalificationsand experience
to be the administrator.(3)The
administrator must be appointed for the term, and on theconditions, decided by the Governor in
Council.(4)The administrator—(a)holds office subject to the direction of the
Minister; and(b)unlesstheadministratorearlierceasesholdingoffice—ceasesholdingofficewhenthetermoftheappointment ends or, if an earlier day
is stated by thechiefexecutivebygazettenoticeasthedaytheadministration ends, on the earlier
day.30Councillors go out of officeOntheappointmentoftheadministrator, the councillors
goout of office.31Functions and powers of administrator(1)For all purposes of this Act, the
administrator is the NationalTrust.(2)However, a regulation may limit the
functions and powers ofthe administrator.Page 22Current as at 26 September 2014
National Trust of Queensland Act 1963Part
3 Administrator[s 32]32Additional functions of administratorThe
administrator has the following additional functions—(a)at the Minister’s direction, to
implement a program ofstructural change to the National
Trust’s resources andthe way in which it performs its
functions;(b)to give the Minister a report, at
intervals stated by theMinister, on the National Trust’s
financial position, itsfunctionsandanythingelsetheMinisterrequirestheadministrator to include in the
report;(c)to give the Minister a final report on
the administration.33Committee to help administrator(1)The Minister may appoint a committee
of persons to help theadministrator perform the functions of
the National Trust.(2)A person may be appointed as a member
of a committee for astated period or for the duration of
the administration.(3)The administrator is chairperson of
the committee and mustpresideateverymeetingofthecommitteeatwhichtheadministrator is present.(4)Iftheadministratorisabsentorincapacitated,theothermembers of the
committee must vote to elect a member to actaschairpersonatmeetingsofthecommitteeuntiltheadministrator is able to perform the
functions of chairperson.34Fees, allowances
and expenses of administrator andmembers of
committee(1)The administrator or a member of the
committee is entitled tothe fees, allowances and expenses
decided by the Governor inCouncil.(2)Thefees,allowancesandexpensesarepayableoutofthefunds of the
National Trust.Current as at 26 September 2014Page
23
National Trust of Queensland Act 1963Part 3
Administrator[s 35](3)A
public service officer who is appointed as an administratoror
as a member of the committee may hold the appointment aswell
as the public service office.35Recovery of costs of administration(1)The Governor in Council may direct the
National Trust to payto the Minister an amount stated in
the direction as the costsand expenses of the
administration.(2)The amount may include salary and
allowances payable to anofficer of the public service who is
appointed as administratoror as a member of the
committee.(3)The direction may state a time for
payment.(4)The amount is a debt payable to the
State.36Role of committee(1)TheadministratormustensurethateverydecisionofthecommitteeaboutperformingthefunctionsoftheNationalTrust is
implemented as soon as practicable.(2)However, if the administrator considers that
implementing adecision of the committee would not be in
the best interests ofthe National Trust, the administrator
must refer the matter tothe Minister for decision.(3)Thereferralmustbemadewithin21daysaftertheadministrator becomes aware of the
committee’s decision.37Decision by
Minister on referral by administrator(1)IfamatterisreferredtotheMinisterbytheadministratorunder section
36(2), the Minister’s decision on the matter istaken to be the
decision of the committee.(2)TheadministratormustensuretheMinister’sdecisionisimplemented as soon as
practicable.Page 24Current as at 26
September 2014
National Trust of Queensland Act 1963Part
3A Transfer of incorporation of National Trust and related
matters[s 38]38Council and executive committee after
administration(1)TheMinistermustensurethecouncilisconstitutedundersection8effectivefromthedaytheadministratorceasestohold office because the administration
ends.(2)Within 7 days after the day mentioned
in subsection (1), thecouncil must hold a meeting.(3)Section 13 applies to the meeting as
if it were the first meetingofthecouncilheldafteranannualgeneralmeetingoftheNational Trust.Part 3ATransfer of incorporation ofNational Trust and relatedmattersDivision 1Definition for part 3A38ADefinition for pt 3AIn this
part—companysee section
38B.Division 2Transfer of
incorporation38BNational Trust to apply for transfer
of incorporation(1)TheNationalTrustmustapplyundertheCorporationsAct,part
5B.1 for registration as a company limited by guarantee(thecompany)underthenameNationalTrustofAustralia(Queensland)
Limited.(2)Thecompanymustpublishonitswebsiteacopyoftheconstitution for the company applying
at registration.Current as at 26 September 2014Page
25
National Trust of Queensland Act 1963Part
3A Transfer of incorporation of National Trust and related
matters[s 38C]38CAuthority to transfer incorporation(1)Forsection38B(1),thetransferoftheNationalTrust’sincorporationtoacompanylimitedbyguaranteeundertheCorporations Act, part 5B.1 is
authorised.Note—See the
Corporations Act, section 601BC(8)(d).(2)The
National Trust may do anything necessary to apply forregistration as a company limited by
guarantee under that part.(3)This part
applies despite any other provision of this Act or theCurrumbin Bird Sanctuary Act 1976.38DEntries in
relation to National Trust in registers(1)This
section applies if—(a)an Act requires or allows a person to
keep a register; and(b)there is an
entry in the register in relation to the NationalTrust; and(c)thecompanyproducestothepersonacopyofthecertificateissuedundertheCorporationsAct,section601BD(1)(c) for
the company.(2)Thepersonmustchangetheregistersothattheentryisinrelation to the company.38ECompany to give copy of certificate of
registration etc. tochief executive and publish copy of
certificate on websiteIf the company receives a certificate
under the CorporationsAct, section 601BD(1)(c) for the
company, the company mustas soon as practicable after the
receipt of the certificate—(a)give
a copy of the certificate to the chief executive; and(b)publishacopyofthecertificateonthecompany’swebsite.Page
26Current as at 26 September 2014
Division 3National Trust of
Queensland Act 1963Part 4 Miscellaneous provisions[s
38F]Application of particular provisionson
registration of company38FApplication of
particular provisions on registration ofNational Trust of
Australia (Queensland) LimitedThe following
provisions stop applyingifNationalTrustofAustralia(Queensland)LimitedisregisteredundertheCorporations Act, part 5B.1—(a)sections 3 to 38, 39 and 42;(b)theDuties Act
2001, sections 141(1)(b) and 285(e);(c)theStatutoryBodiesFinancialArrangementsRegulation
2007, schedules 2 and 5, entries forNationalTrust of
Queensland Act 1963.Part 4Miscellaneous
provisions39Saving of other ActsUnless otherwise expressly provided, nothing
in this Act shallinanywayderogatefromorotherwiseaffectanyoftheprovisions of—(a)theLocal Government Act 2009;
and(b)theNewstead House
Trust Act 1939; and(c)theForestry Act 1959.40Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)Withoutlimitingsubsection(1),aregulationmaybemadeabout—Current as at 26 September 2014Page
27
National Trust of Queensland Act 1963Part 4
Miscellaneous provisions[s 41](a)the
membership of a branch of the National Trust; and(b)the functions and powers of the
National Trust that maybe performed and exercised by the
branch.41Validation of actions of National
Trust, council andexecutive committee(1)This
section applies to the actions mentioned in subsection (3)that—(a)werepurportedlytakenunderthisActbyorfortheNational Trust,
council or executive committee; and(b)were
taken after the purported annual general meeting oftheNationalTrustheldon27September2000andbefore the commencement of this
section.(2)The actions are declared to have been
validly taken.(3)For subsection (1), the actions are as
follows—(a)things done for or at, and decisions
made at, meetings;(b)elections and appointments of
councillors and membersof the executive committee;(c)adoption of budgets and financial
statements.42Transitional provision for the
National Trust ofQueensland and Other Legislation Amendment
Act 2001The National Trust mentioned in section 3
immediately afterthecommencementisacontinuationoftheNationalTrustmentionedinsection3immediatelybeforethecommencement.Page 28Current as at 26 September 2014
Part
5National Trust of Queensland Act 1963Part
5 Expiry of Act[s 43]Expiry of
Act43ExpiryThis Act expires
on the day this section commences.Current as at 26
September 2014Page 29
National Trust of Queensland Act 1963EndnotesEndnotes1Index to endnotesPage2Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .303Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .304List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .315List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .332KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in
comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No. [X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised version=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2012=subordinate legislation=substituted=unnumbered3Table of reprintsA new reprint of
the legislation is prepared by the Office of the Queensland
ParliamentaryCounsel each time a change to the legislation
takes effect.The notes column for this reprint gives
details of any discretionary editorial powers undertheReprints Act 1992used by the
Office of the Queensland Parliamentary Counsel inpreparing it. Section 5(c) and (d) of the Act
are not mentioned as they contain mandatoryPage 30Current as at 26 September 2014
National Trust of Queensland Act 1963Endnotesrequirementsthatallamendmentsbeincludedandallnecessaryconsequentialamendments be
incorporated, whether of punctuation, numbering or another kind.
Furtherdetails of the use of any discretionary
editorial power noted in the table can be obtained bycontacting the Office of the Queensland
Parliamentary Counsel by telephone on 30039601 or email
legislation.queries@oqpc.qld.gov.au.From29January2013,allQueenslandreprintsaredatedandauthorisedbytheParliamentary Counsel. The previous
numbering system and distinctions between printedand
electronic reprints is not continued with the relevant details for
historical reprintsincluded in this table.ReprintNo.122A2B2C2D2E2F3Amendments to1990 Act No.
801995 Act No. 571996 Act No.
541998 Act No. 132000 Act No.
162001 Act No. 1022001 Act No.
1022001 Act No. 1022001 Act No.
102Effective14 November
199028 November 19951 June
199730 March 199830 March
199819 December 200128 February
20021 March 20021 March
2002Reprint date26 October
199421 December 199525 November
19978 July 19989 August
20012 January 200228 February
20021 March 20021 May 2002ReprintNo.3A3B3CAmendments included2009 Act No.
92009 Act No. 362009 Act No.
172010 Act No. 23Effective1
July 200918 December 20091 July
2010NotesCurrent as
at28 May 201426 September
2014Amendments included2014 Act No.
332014 Act No. 33Notes4List of legislationNational Trust of Queensland Act 1963 No.
20date of assent 9 December 1963commenced on date of assentexp
26 September 2014 (see s 43 and 2014 SL No. 222)amending legislation—National Trust of
Queensland Act Amendment Act 1964 No. 46date of assent 30
November 1964commenced on date of assentAge
of Majority Act 1974 No. 57 s 8 schdate of assent 27
September 1974commenced 1 March 1975 (proc pubd gaz 16
November 1974 p 1083)Current as at 26 September 2014Page
31
National Trust of Queensland Act 1963EndnotesNational Trust of
Queensland Act Amendment Act 1976 No. 63date of assent 3
November 1976commenced on date of assentNational Trust of Queensland Act Amendment
Act 1981 No. 54date of assent 12 June 1981ss
1–2 commenced on date of assentremaining
provisions commenced 24 October 1981 (proc pubd gaz 24 October
1981p 852)National Trust of
Queensland Act Amendment Act 1989 No. 13date of assent 30
March 1989commenced on date of assentPublic Service (Administrative Arrangements)
Act (No. 2) 1990 No. 80 s 3 sch 2date of assent 14
November 1990commenced on date of assentStatutory Authorities Superannuation
Legislation Amendment Act 1995 No. 36 ss1–2, 9 sch
2date of assent 16 June 1995commenced on date of assentStatute Law Revision Act 1995 No. 57 ss 1–2,
4 sch 1date of assent 28 November 1995commenced on date of assentStatutory Bodies Financial Arrangements
Amendment Act 1996 No. 54 ss 1–2, 9 schdate of assent 20
November 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 June 1997
(1997 SL No. 128)Building and Integrated Planning Amendment
Act 1998 No. 13 ss 1, 2(3), 191 schdate of assent 23
March 1998ss 1–2 commenced on date of assentremaining provisions commenced 30 March 1998
(1998 SL No. 55)Mental Health Act 2000 No. 16 ss 1–2, 590 sch
1 pt 2date of assent 8 June 2000ss
1–2, 590 commenced on date of assent (see s 2(1))remaining provisions commenced 28 February
2002 (2002 SL No. 27)Duties Act 2001 No. 71 ss 1–2(1), 551
sch 1date of assent 13 November 2001ss
1–2 commenced on date of assentremaining
provisions commenced 1 March 2002 (2002 SL No. 10)National Trust of Queensland and Other
Legislation Amendment Act 2001 No. 102pts 1–2date
of assent 19 December 2001commenced on date of assentPage
32Current as at 26 September 2014
National Trust of Queensland Act 1963EndnotesFinancial
Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1date
of assent 28 May 2009ss 1–2 commenced on date of
assentremaining provisions commenced 1 July 2009
(2009 SL No. 80)Local Government Act 2009 No. 17 ss 1, 2(4),
331 sch 1date of assent 12 June 2009ss
1–2 commenced on date of assentremaining
provisions commenced 1 July 2010 (2010 SL No. 122)Sustainable Planning Act 2009 No. 36 ss 1–2,
872 sch 2date of assent 22 September 2009ss
1–2 commenced on date of assentremaining
provisions commenced 18 December 2009 (2009 SL No. 281)City
of Brisbane Act 2010 No. 23 ss 1–2(1), 352 sch 1date
of assent 17 June 2010ss 1–2 commenced on date of
assentremaining provisions commenced 1 July 2010
(see s 2(1))Environmental Offsets Act 2014 No. 33 pts 1,
20date of assent 28 May 2014ss
1–2 commenced on date of assentss 125–127
commenced on date of assent (see s 2)remaining
provision commenced 26 September 2014 (2014 SL No. 222)5List of annotationsLong
titlesub 2001 No. 102 s 3PART
1—PRELIMINARYpt hdgins 2001 No. 102
s 4Definitionsprov hdgsub
2001 No. 102 s 5(1)s 2amd 1995 No. 57 s 4 sch 1defadministratorins 2001 No. 102
s 5(2)defBy-lawom R1 (see RA s
39)defcompanyins 2014 No. 33 s
126defMinistersub 1990 No. 80 s
3 sch 2om R1 (see RA s 39)defruleins 2001 No. 102 s 5(2)defRulesom R1 (see RA s
39)PART 2—THE NATIONAL TRUSTpt hdgins
2001 No. 102 s 6Establishment of National Trusts
3sub 2001 No. 102 s 6Current as at 26
September 2014Page 33
National Trust of Queensland Act 1963EndnotesLegal status of
National Trusts 3Ains 2001 No. 102 s 6National Trust’s powerss 3Bins
2001 No. 102 s 6Objects of the National Trusts
5amd 1981 No. 54 s 3The
councils 6amd 1995 No. 57 s 4 sch 1; 1998 No. 13
s 191 sch; 2009 No. 36 s 872 sch 2;2009 No. 17 s 331
sch 1; 2010 No. 23 s 352 sch 1Constitution of
the first Councils 7om R1 (see RA s 37)Constitution of subsequent councilss
8amd 1990 No. 80 s 3 sch 2; 1995 No. 57 s 4
sch 1; 2001 No. 102 s 7Disqualificationss 9amd
1974 No. 57 s 8 sch; 2000 No. 16 s 590 sch 1 pt 2Vacancies in councils 10amd
2000 No. 16 s 590 sch 1 pt 2Executive
committee and subcommitteess 11amd
1981 No. 54 s 4; 2001 No. 102 s 8Branchess
12sub 2001 No. 102 s 9President,
vice-presidents, secretary and treasurers 13amd
1989 No. 13 s 2Validity of acts and proceedingss
14om 1995 No. 57 s 4 sch 1By-lawss
16amd 1989 No. 13 s 3; 1995 No. 57 s 4 sch
1Tabling of by-laws and judicial notices
17sub 1989 No. 13 s 4om 1995 No. 57 s
4 sch 1Superannuation schemess 18Ains
1989 No. 13 s 5sub 1995 No. 36 s 9 sch 2Declaration that National Trust is statutory
bodys 20sub 1996 No. 54 s 9 schamd
2001 No. 102 s 10; 2009 No. 9 s 136 sch 1Power of National
Trust to cooperate with other bodiess 20Ains
1964 No. 46 s 2Page 34Current as at 26
September 2014
National Trust of Queensland Act 1963EndnotesPower of National
Trust to accept giftss 21om 2001 No. 102 s
11Use of funds receivedprov hdgsub
2001 No. 102 s 12s 22amd 1996 No. 54 s 9 schPower
of National Trust to lend articlesprov hdgamd
2001 No. 102 s 13(1)s 25amd 2001 No. 102
s 13(2)Exemption from stamp duty and death
dutys 26om 2001 No. 71 s 551 sch 1Fundss 26Ains
1981 No. 54 s 5om 2001 No. 102 s 14General
funds 26Bins 1981 No. 54 s 5om
2001 No. 102 s 14Specific purposes funds 26Cins
1981 No. 54 s 5om 2001 No. 102 s 14Trust funds
26Dins 1981 No. 54 s 5om 2001 No. 102 s
14Treatment of ordinary expenditure, surplus
and deficits 26Gins 1981 No. 54 s 5om
2001 No. 102 s 17Books and accountss 26Hins
1981 No. 54 s 5om 2001 No. 102 s 17Financial
statementss 26Iins 1981 No. 54 s 5om
2001 No. 102 s 17Budgets 27(prev
s 26E) ins 1981 No. 54 s 5amd 2001 No. 102 s 15renum
2001 No. 102 s 20Observance of budgets 28(prev
s 26F) ins 1981 No. 54 s 5amd 2001 No. 102 s 16renum
2001 No. 102 s 20PART 3—ADMINISTRATORpt hdgins
2001 No. 102 s 18Current as at 26 September 2014Page
35
National Trust of Queensland Act 1963EndnotesAppointment of
administrators 29amd 1976 No. 63 s 2sub
1981 No. 54 s 6orig s 27 om 2001 No. 102 s 17prev
s 27 ins 2001 No. 102 s 18renum 2001 No. 102 s 20Councillors go out of offices
30sub 1981 No. 54 s 7orig s 28 om 2001
No. 102 s 17prev s 28 ins 2001 No. 102 s 18renum
2001 No. 102 s 20Functions and powers of administrators
31(prev s 28A) ins 2001 No. 102 s 18renum
2001 No. 102 s 20Additional functions of administrators
32(prev s 28B) ins 2001 No. 102 s 18renum
2001 No. 102 s 20Committee to help administrators
33(prev s 28C) ins 2001 No. 102 s 18renum
2001 No. 102 s 20Fees, allowances and expenses of
administrator and members of committees 34(prev
s 28D) ins 2001 No. 102 s 18renum 2001 No.
102 s 20Recovery of costs of administrations
35(prev s 28E) ins 2001 No. 102 s 18renum
2001 No. 102 s 20Role of committees 36(prev
s 28F) ins 2001 No. 102 s 18renum 2001 No.
102 s 20Decision by Minister on referral by
administrators 37(prev s 28G) ins 2001 No. 102 s
18renum 2001 No. 102 s 20Council and
executive committee after administrations 38(prev
s 28H) ins 2001 No. 102 s 18renum 2001 No.
102 s 20PART3A—TRANSFEROFINCORPORATIONOFNATIONALTRUSTANDRELATED MATTERSpt hdgins
2014 No. 33 s 127Division 1—Definition for part 3Adiv 1
(s 38A)ins 2014 No. 33 s 127Division
2—Transfer of incorporationdiv 2 (ss
38B–38E)ins 2014 No. 33 s 127Page 36Current as at 26 September 2014
