Queensland Consolidated Acts

NEWSTEAD HOUSE TRUST ACT 1939 - SECT 3

3 Establishment of trust

(1) For the government, management, and control of Newstead House as referred to in the preamble there shall be established a board of trustees (
"the trust" ) constituted as hereinafter provided.

(2) Number of members The trust shall consist of 3 members, who shall be appointed by order in council.

(2A) One of such members shall be a representative of the government nominated in that behalf by the Minister; such member shall be chairperson of the trust.

(2B) One of such members shall be a representative of the Brisbane City Council nominated in that behalf by the Brisbane City Council.

(2C) One of such members shall be a representative of the historical society nominated in that behalf by the said society and approved by the Governor in Council.

(3) Tenure All such members shall be appointed for such period not exceeding 3 years as the Governor in Council shall declare, but such members shall on being duly nominated be eligible for reappointment for a like period of 3 years.

(4) Failure to nominate If within 28 days from a date to be fixed by the Minister (who is hereby authorised to fix such date) the Brisbane City Council or the historical society fail to nominate any person for appointment to the trust, the Governor in Council may without nomination appoint any person or persons to be a member or members of the trust, and any person or persons so appointed shall for all purposes be and be deemed to have been duly appointed a member or members of the trust.

(5) Vacancies Any extraordinary vacancy which at any time occurs in the office of member by removal, death, resignation, disqualification, or otherwise shall be filled as soon as may be by the appointment or appointment after nomination as aforesaid, as the case may be, of another member; but any member appointed to fill any vacancy shall hold office for the balance of the period only for which the member’s predecessor would have held office had no such vacancy occurred.

(6) Disqualification Any person who has his or her affairs under liquidation or is an uncertificated or undischarged bankrupt or insolvent, or has been convicted of an indictable offence or is undergoing sentence of imprisonment shall be disqualified from being appointed or from continuing as a member of the trust.

(7) Vice-chairperson The trust shall before proceeding to the dispatch of any other business choose one of its members to be vice-chairperson, and as often as the office of vice-chairperson becomes vacant the trust shall choose a member to be vice-chairperson.

(7A) The vice-chairperson shall cease to hold office as vice-chairperson if he or she ceases to be a member.

(8) Absence of the chairperson In the absence of the chairperson or in the event of a vacancy in the office of chairperson the vice-chairperson shall preside at meetings of the board, and shall during such absence or vacancy have and exercise the duties and functions of the chairperson.

(9) Two persons shall constitute a quorum of the trust.

(10) Vacation of office The office of member of the trust shall be vacated—

(a) if such member is or has become disqualified under this Act; or

(b) if such member without leave obtained from the trust in that behalf has been absent from more than 3 consecutive ordinary meetings of the trust; or

(c) upon death or resignation.

(11) A member may resign office by written notice of resignation given to the Minister.