QueenslandLANGPARKTRUST ACT1994Reprinted as in force on 27 July 2001(includes amendments up to Act No. 45 of
2001)Reprint No. 1BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 27 July 2001.The reprint shows
the law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.Minor editorial changes allowed under the
Reprints Act 1992 have been made to useaspects of format
and printing style consistent with current drafting practice (s
35).This page is specific to this reprint.See
previous reprints for information about earlierchanges made under
the Reprints Act 1992.A table of earlier reprints is
included in theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s13s3Lang
Park Trust Act 1994LANG PARK TRUST ACT 1994[as amended by
all amendments that commenced on or before 27 July 2001]An Act
to consolidate and amend the law about the development andmanagement of Lang Park, and for related
purposesPART 1—PRELIMINARY1Short
titleThis Act may be cited as theLang
Park Trust Act 1994.2CommencementThis Act
commences on a day to be fixed by proclamation.3DefinitionsIn this
Act—“Board”means the Board
of Trustees.1“Trust”means the Lang
Park Trust.21See section
12.2See section 4.
s44s8Lang
Park Trust Act 1994PART 2—THE TRUST AND ITS BOARDDivision 1—Establishment, functions and
powers of the Trust4Establishment of TrustThe
trust established under section 3 of theLang Park Trust
Act 1962iscontinued in existence under the name,
the Lang Park Trust.5Trust is a body corporate etc.(1)The Trust—(a)is a
body corporate; and(b)has a seal; and(c)may
sue and be sued in its corporate name.(2)The
Trust is a statutory body for theFinancial
Administration andAudit Act 1977and theStatutory Bodies Financial Arrangements Act
1982.(3)TheStatutory Bodies Financial Arrangements Act
1982, part 2B setsout the way in
which the Trust’s powers under this Act are affected by theStatutory Bodies Financial Arrangements Act
1982.6Trust does not
represent StateThe Trust does not represent the
State.8Trust’s functionsThe Trust’s
functions are to—(a)maintain Lang Park as one of
Brisbane’s major sporting venuesofcomparablestandardtocorrespondingfacilitiesinotherAustralian
capital cities; and(b)maintain Lang Park to a standard
appropriate for the conduct ofinternational
and interstate sporting events; and(c)provideandmaintainfacilitiesforpatronsthatwillencouragepublic attendance at events conducted at
Lang Park.
s
95s 11Lang Park Trust
Act 19949Management of Trust(1)The Trust must manage Lang Park in a
way that—(a)is consistent with sound commercial
principles and produces anannualcashsurplusoveroperatingcostsandcommitteddebtrepayment; and(b)enablesthestandardandstatusofLangParktobesteadilyenhanced.(2)In
managing Lang Park, the Trust must have regard to the needs
ofthetenantsofLangParkwithaviewtoimplementingpoliciesforthemutual benefit of
the tenants and the Trust and for the improvement of thesports played at Lang Park.10Trust’s powers(1)The
Trust may do all things necessary or convenient to be done
for,or in connection with, performing its
functions.(2)Without limiting subsection (1), the
Trust has the powers given to itby this
Act.(3)Without limiting subsection (1), the
Trust has, for or in connectionwith performing
its functions, all the powers of an individual, and may, forexample—(a)enter into contracts; and(b)acquire, hold, dispose of, and deal
with property; and(c)appoint agents and attorneys;
and(d)charge,andfixtermsforgoods,servicesandinformationsupplied by it;
and(e)engage consultants.Division 2—Board of trustees11The BoardThere is a board
of trustees of the Trust.
s
126s 18Lang Park Trust
Act 199412Role of BoardIt is the role
of the Board—(a)to decide the objectives, strategies
and policies to be followed bythe Trust;
and(b)to ensure the Trust performs its
functions in a proper, effectiveand efficient
way.13Composition of BoardThe
Board consists of 4 trustees.Division
3—Provisions about trustees14AppointmentThe trustees are
appointed by the Governor in Council.15Duration of appointmentThe appointment
of a trustee is for the term (not longer than 3 years)stated in the trustee’s instrument of
appointment.16Conditions of appointmentAtrusteeholdsofficeontheconditionsdecidedbytheGovernorinCouncil.17ChairpersonTheMinistermustnominate1ofthetrusteesaschairpersonoftheBoard.18Termination of appointment(1)TheGovernorinCouncilmayterminatetheappointmentofatrustee—(a)if
the trustee is convicted of an indictable offence; or
s
197s 20Lang Park Trust
Act 1994(b)if the trustee engages in misconduct
or neglect of duty; or(c)if the trustee
contravenes this Act without reasonable excuse; or(d)if the trustee cannot perform the
functions of office because ofphysical or
mental incapacity; or(e)if the trustee
becomes bankrupt, applies to take the benefit of alaw
for the relief of bankrupt or insolvent debtors, compoundswith
the trustee’s creditors or transfers the trustee’s
remunerationfor the creditor’s benefit.(2)TheGovernorinCouncilmay,atanytime,terminatetheappointment of all or any trustees for any
reason or none.Division 4—Business of the Board19Conduct of businessThe
Board may conduct its business (including its meetings) in the
wayit considers appropriate.20Disclosure of interests by trustees(1)If—(a)atrusteehasadirectorindirectfinancialinterestinanissuebeing
considered, or about to be considered, by the Board; and(b)theinterestcouldconflictwiththeproperperformanceofthetrustee’s duties in considering the
issue;the trustee must disclose the nature of the
interest at a meeting of the Boardassoonaspracticableafterthetrusteebecomesawareofthepossibleconflict of
interest.(2)The disclosure must be recorded in the
Board’s minutes and, unlessthe Board
otherwise decides, the trustee must not—(a)be
present when the Board considers the issue; or(b)take
part in any decision of the Board on the issue.(3)A
trustee who makes a disclosure must not—(a)bepresentwhentheBoardisconsideringwhetherornotthetrustee should be present when the Board
considers the issue; or
s
218s 23Lang Park Trust
Act 1994(b)take part in a decision by the Board
under subsection (2).(4)For the purposes
of this section, a person is not taken to have a director
indirect financial interest in an issue merely because the issue
involves atenant of which the person is a member,
associate or employee.21Departmental
officer to attend Board meetings(1)The
Minister may nominate an officer of the department to attendBoard
meetings.(2)The Board must give the officer notice
of each Board meeting—(a)foranordinarymeeting—5businessdaysbeforethemeeting;and(b)for another meeting—2 business days
before the meeting.(3)The officer may take part in Board
meetings but must not take part ina decision of the
Board.Division 5—Miscellaneous22The
Trust’s seal(1)The Trust’s seal must be kept in the
custody of the person the Boarddirects.(2)The seal may be used only as
authorised by the Board.(3)JudicialnoticemustbetakenoftheimprintoftheTrust’ssealappearing on a document and the document must
be presumed to have beenproperly sealed until the contrary is
proved.23Judicial notice of certain
signaturesJudicial notice must be taken of—(a)theofficialsignatureofapersonwhoisorhasbeenthechairperson; and(b)the
fact the person holds or has held the office of
chairperson.
s
249s 26Lang Park Trust
Act 199424Authentication of documents(1)AdocumentmadebytheTrust(otherthanadocumentthatisrequired to be sealed) is sufficiently
made if it is signed by the chairpersonor a person
authorised by the Trust.(2)A document made
by the Trust under seal is sufficiently made underseal
if it is sealed and signed by the chairperson or a person
authorised bythe Trust.PART 3—TRUST
PROPERTY25Trust property(1)TheTrustproperty,includingtheTrustlanddescribedintheSchedule, is held on trust for sporting
and recreation purposes.(2)However, the
Trust may use the land for a purpose not mentioned insubsection (1) with the Minister’s written
approval.(3)The Trust land is a public place
within the meaning of an Act—(a)conferring or imposing on police officers
powers or duties aboutpublic places; or(b)providingforthepunishmentofoffencescommittedinpublicplaces.(4)NopartoftheTrustpropertyisdistributable,whetherbywayofdivision of profits or by way of distribution
of assets, among the tenants.26Restriction on Trust’s power to sell
land(1)Despite section 10, the Trust must not
sell an estate in fee simple inTrust land
without first obtaining the Governor in Council’s approval.(2)The Governor in Council may impose
conditions on a sale approvedunder subsection
(1).(3)If an estate in fee simple in the
Trust land is sold—(a)the land is no longer subject to the
trusts imposed under this Act;and
s
2710s 29Lang Park Trust
Act 1994(b)theRegistrarof
Titlesmustmakeanappropriaterecordinthefreehold land
register.PART 4—MISCELLANEOUS27Register(1)The
Board must keep a register called the Lang Park Trust,
Registerof Trustees.(2)The
register may be kept in the form the Board consider
appropriatebut must be kept in the custody of the person
the Board directs.(3)Thepersonwhohascustodyoftheregisteristorecordinitthenames
and other appropriate particulars of the trustees.28RegulationsThe Governor in
Council may make regulations under this Act.PART
5—TRANSITIONAL29SecretaryThe person who
immediately before the commencement of this Act wasSecretary of the Trust continues to hold
office on the same conditions thatapplied
immediately before the commencement.
11Lang Park Trust Act 1994SCHEDULEDESCRIPTION OF
TRUST LANDsection 251.The
land described as Lot 354 on RP 227068 in the County of
Stanley,Parish of North Brisbane, City of
Brisbane.2.The land described as Lot 1163 on Plan
SL 7066 County of Stanley,Parish of Enoggera.3.The
land described as Lot 3 on SL 11076 in the County of
Stanley,Parish of North Brisbane.4.The
land described as Lot 4 on SL 11076 in the County of
Stanley,Parish of North Brisbane.5.The
land described as Lot 5 on SL 11076 in the County of
Stanley,Parish of North Brisbane.
12Lang Park Trust Act 1994ENDNOTES1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.123Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .124Table of earlier
reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .135List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .136List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .132Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, thisreprint includes all amendments that
commenced operation on or before 27 July 2001.Future amendments
of the Lang Park Trust Act 1994 may be made in accordance with
thisreprint under the Reprints Act 1992, section
49.3KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=order
in council=omitted=original=page=paragraph=preceding=presentKeyprev(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASIRSLsubunnumExplanation=previous=previously=proclamation=provision=part=published=Reprint No.[X]=Reprints Act 1992=relocated=renumbered=repealed=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
1992=subordinate legislation=substituted=unnumbered
13Lang Park Trust Act 19944Table of earlier reprintsTABLE
OF EARLIER REPRINTS[If a reprint number includes a roman
letter, the reprint was released in unauthorised,electronic form only.]Reprint
No.11AAmendments
includednoneto Act No. 54 of 1996Reprint date4 November
199420 November 19975List
of legislationLang Park Act 1994 No. 46date of assent 14
September 1994ss 1–2 commenced on date of assentremaining provisions commenced 28 October
1994 (1994 SL No. 377)as amended by—Statutory 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)amd by
Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch
3date of assent 28 June 2001ss
1–2 commenced on date of assentsch3commenced15July2001(sees2(2)ofAct2001No.45(Qld)andCorporations Act 2001 No. 50 (Cwlth) and
proc pubd Cwlth of Australia gaz13 July 2001, No.
S285)remaining provision commenced immediately
before 15 July 2001 (see s 2(1) of Act2001 No. 45 (Qld)
and Corporations Act 2001 No. 50 (Cwlth) and proc pubdCwlth
of Australia gaz 13 July 2001, No. S285)6List
of annotationsPART 5—TRANSITIONALpt hdgamd
R1 (see RA s 39)Trust is a body corporate etc.s
5amd 1996 No. 54 s 9 schTrust is an exempt
public authority under Corporations Laws 7om
2001 No. 45 s 29 sch 3
