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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
South Australian Country Arts Trust (Constitution of
Trust) Amendment Bill 2008
A BILL FOR
An Act to amend the South Australian Country Arts Trust
Act 1992.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of South Australian Country Arts
Trust Act 1992
4 Amendment of long title
5 Amendment of
section 3—Interpretation
6 Amendment of section 5—Membership of
Trust
7 Amendment of section 6—Terms and conditions of
office
8 Amendment of section 7—Procedures of Trust
9 Repeal of
section 8
10 Amendment of section 9—Functions and powers of
Trust
11 Amendment of section 12—Delegation
12 Amendment of section
17—Budget
13 Repeal of Part 3
14 Substitution of sections 29 and
30
29 Immunity from
liability
30 Regulations
15 Repeal of
Schedule
Schedule 1—Transitional
provisions
1 Interpretation
2 Transfer of assets, etc of Country
Arts Boards to Trust
3 Transitional provision relating to Trust
The Parliament of South Australia enacts as
follows:
This Act may be cited as the South Australian Country Arts Trust
(Constitution of Trust) Amendment Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of South Australian Country Arts Trust
Act 1992
Long title—delete "and Country Arts Boards and define their" and
substitute:
and define its
5—Amendment of
section 3—Interpretation
(1) Section 3(1), definitions of area and Country Arts
Board—delete the definitions
(2) Section 3(1), definitions of local resident and
the Trust—delete the definitions and substitute:
proclaimed region means an area declared by proclamation as a
region for the purposes of this Act;
Trust means the South Australian Country Arts
Trust.
(3) Section 3—after subsection (2) insert:
(3) The Governor may, by proclamation—
(a) declare a specified area to be a region for the purposes of this Act;
or
(b) vary or revoke a proclamation under paragraph (a).
6—Amendment of
section 5—Membership of Trust
(1) Section 5(1)—delete subsection (1) and substitute:
(1) The Trust consists of 9 trustees appointed by the Minister, of
whom—
(a) 1 will be appointed to be the presiding trustee of the Trust;
and
(b) 5 will be appointed to represent proclaimed regions; and
(c) 1 will be selected from a panel of persons nominated by the Local
Government Association of South Australia; and
(d) 2 will be persons who have legal, managerial, entrepreneurial or arts
skills.
(2) Section 5(3)—delete "appointed under subsection (1)(a) or (d)"
and substitute:
(other than a member appointed under subsection (1)(c))
(3) Section 5(3a)—delete subsection (3a)
(4) Section 5—after subsection (4) insert:
(5) A person is not eligible to be appointed to represent a proclaimed
region unless the person resides in the region.
7—Amendment of
section 6—Terms and conditions of office
(1) Section 6(2)—delete "or a trustee who holds office ex
officio"
(2) Section 6(5)(d)—delete paragraph (d) and substitute:
(d) being a trustee appointed to represent a proclaimed region, ceases to
reside in the region; or
(3) Section 6(7)—delete "(other than a trustee who holds office
ex officio)"
8—Amendment of
section 7—Procedures of Trust
Section 7(4)—delete ", subject to section 8,"
Section 8—delete the section
10—Amendment of
section 9—Functions and powers of Trust
Section 9(1)(g)—delete paragraph (g)
11—Amendment of
section 12—Delegation
Section 12(1)(c)—delete paragraph (c)
12—Amendment of
section 17—Budget
Section 17(1)—delete subsection (1) and substitute:
(1) The Trust must, before the end of each financial year, submit to the
Minister a budget showing estimates of its receipts and payments for the next
financial year.
Part 3—delete the Part
14—Substitution of
sections 29 and 30
Sections 29 and 30—delete the sections and substitute:
29—Immunity from liability
(1) No civil liability attaches to a person to whom a function or power of
the Trust is delegated in accordance with this Act for an act or omission in the
exercise or purported exercise of such delegated functions or powers.
(2) An action that would, but for subsection (1), lie against a
person lies instead against the Crown.
(3) This section does not prejudice rights of action of the Crown in
respect of an act or omission of a person not in good faith.
30—Regulations
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the
regulations may—
(a) regulate the conduct of persons on the Trust's property;
(b) prescribe penalties, not exceeding $2 500, for breach of, or
non-compliance with, a regulation.
Schedule—delete the Schedule
Schedule
1—Transitional provisions
In this Schedule—
Trust means the South Australian Country Arts
Trust.
2—Transfer of
assets, etc of Country Arts Boards to Trust
On the commencement of this clause all assets, rights and liabilities of
Country Arts Boards then in existence are transferred to and vested in the
Trust.
3—Transitional
provision relating to Trust
On the commencement of this clause all members of the Trust then in office
vacate their respective offices so that fresh appointments may be made to the
Trust under section 5 of the South Australian Country Arts Trust
Act 1992 as amended by this Act.