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TASMANIA
__________
JIM BACON FOUNDATION BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Establishment of Foundation
5. Objects of Foundation
6. Membership of Foundation
7. Functions of Foundation
8. Powers of Foundation
9. Committees
10. Executive officer
11. Investment of funds
12. Income of Foundation
13. Guidelines
14. Gifts, &c.
15. Prohibition on payment of dividends, &c.
16. Exemption of Foundation from State taxes, &c.
17. Accounts and audits
18. Annual report
19. Administration of Act
[Bill 90]-I
Schedule 1 - Membership of Foundation
Schedule 2 - Meetings of Foundation
2
JIM BACON FOUNDATION BILL 2004
(Brought in by the Premier, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to establish the Jim Bacon Foundation
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Jim Bacon Foundation Act
2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Interpretation
3. In this Act, unless the contrary intention appears -
"functions" includes duties;
"Foundation" means the Jim Bacon Foundation
established under this Act.
[Bill 90] 3
s. 4 No. Jim Bacon Foundation 2004
Establishment of Foundation
4. (1) The Jim Bacon Foundation is established.
(2) The Foundation -
(a) is a body corporate with perpetual succession;
and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
(3) All courts and persons acting judicially must
take judicial notice of the imprint of the seal on a
document and presume that it was duly sealed.
Objects of Foundation
5. The objects of the Foundation are as follows:
(a) the provision of financial and other assistance
to persons undergoing treatment for cancer
and to organisations providing support to
persons undergoing treatment for cancer;
(b) the provision of financial assistance, by way of
an annual scholarship program, for up to 3
students who are studying -
(i) the care and treatment of cancer; or
(ii) visual arts; or
(iii) political science.
Membership of Foundation
6. (1) The Foundation consists of the following members:
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2004 Jim Bacon Foundation No. s. 6
(a) two persons appointed by the Minister who
have skills and experience to enable them to
further the objects of the Foundation;
(b) the Secretary of the Department;
(c) the Secretary of the responsible Department
in relation to the Public Account Act 1986;
(d) the executive officer of the Foundation.
(2) The Minister is to appoint one of the members
referred to in subsection (1)(a), (b) or (c) to be the
chairperson of the Foundation.
(3) A person referred to in subsection (1)(b) or (c)
may, by written instrument, appoint a suitable person
who is a State Service officer or State Service employee to
be his or her deputy and to act on his or her behalf in
matters relating to the Foundation.
(4) An appointment under subsection (3) -
(a) may be for an indefinite period or a period
specified in the instrument of appointment;
and
(b) may be in relation to all matters relating to
the Foundation or any specified matters; and
(c) is revocable at will.
(5) A person appointed under subsection (3), while
acting as deputy and in accordance with the terms of his
or her appointment, is taken to be a member with all the
powers, rights and functions of a member.
(6) Schedule 1 has effect with respect to membership
of the Foundation.
(7) Schedule 2 has effect with respect to meetings of
the Foundation.
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s. 7 No. Jim Bacon Foundation 2004
Functions of Foundation
7. The Foundation has the functions imposed on it by this
Act.
Powers of Foundation
8. (1) The Foundation has power to do all things
necessary or convenient to be done in connection with the
performance of its functions and in furtherance of the
objects of the Foundation.
(2) Without limiting subsection (1), the Foundation
may acquire, hold, dispose of or otherwise deal with
property.
Committees
9. (1) The Foundation may from time to time establish
such committees as it considers necessary for the purpose
of assisting it in the performance of any of its functions or
the exercise of any of its powers or advising it on any
matter relating to the objects of the Foundation.
(2) A committee comprises such persons as the
Foundation appoints.
(3) A member of the Foundation may be a member
of a committee.
(4) The Foundation may give written directions to a
committee and the committee must comply with those
directions.
(5) A committee is to keep accurate minutes of its
proceedings.
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2004 Jim Bacon Foundation No. s. 10
(6) Except as otherwise provided in this Act, a
committee may regulate its own proceedings.
Executive officer
10. (1) Subject to and in accordance with the State Service
Act 2000, a person may be appointed as executive officer of
the Foundation.
(2) The Secretary of the Department may appoint a
State Service officer or State Service employee employed
in the Department to be executive officer of the
Foundation and that officer or employee may hold that
office in conjunction with State Service employment.
Investment of funds
11. The Foundation may invest its funds in any manner
in which trustees may by law invest trust funds.
Income of Foundation
12. The Foundation is to expend its income for the
purpose of providing financial assistance to persons or
organisations in pursuance of the objects of the
Foundation.
Guidelines
13. The Foundation is to establish guidelines for the
provision of financial assistance to persons or
organisations in pursuance of the objects of the
Foundation.
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s. 14 No. Jim Bacon Foundation 2004
Gifts, &c.
14. The Foundation may accept a devise, bequest or gift of
any money or property and is to use that money or
property to further the objects of the Foundation.
Prohibition on payment of dividends, &c.
15. No dividend, bonus or other profit is at any time to be
paid out of the income or funds of the Foundation to any
member of the Foundation in his or her capacity as a
member.
Exemption of Foundation from State taxes, &c.
16. The Foundation and instruments to which the
Foundation is a party are not liable to any tax, duty, fee,
charge or other impost under the law of Tasmania.
Accounts and audits
17. (1) The Foundation is to keep proper accounts and
records in relation to all its financial affairs and activities
and, as soon as practicable after 1 July and not later than
31 October in each year, is to prepare financial statements
exhibiting a true and correct record of its financial position
and transactions in respect of the preceding financial year.
(2) The accounts of the Foundation kept for the
purposes of this Act are subject to the Financial
Management and Audit Act 1990.
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2004 Jim Bacon Foundation No. s. 18
Annual report
18. (1) The Foundation, not later than 31 October in each
year, is to prepare a report of its operations in respect of
the preceding financial year.
(2) A report under subsection (1) is to include -
(a) a copy of the financial statements prepared
under section 17(1) in respect of the financial
year to which the report relates; and
(b) a copy of the Auditor-General's report with
respect to those financial statements.
(3) A report referred to in subsection (1) is to be
appended to the annual report prepared by the
Department pursuant to section 36(1) of the State Service
Act 2000.
(4) Subsection (3) has effect notwithstanding section
36(3) of the State Service Act 2000.
Administration of Act
19. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990 -
(a) the administration of this Act is assigned to
the Premier; and
(b) the department responsible to the Premier in
relation to the administration of this Act is the
Department of Premier and Cabinet.
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sch. 1 No. Jim Bacon Foundation 2004
SCHEDULE 1 - MEMBERSHIP OF FOUNDATION
Section 6(6)
Interpretation
1. In this Schedule -
"member" means a member of the Foundation
appointed by the Minister.
Term of office
2. A member is appointed for such period, not exceeding 3
years, as is specified in the member's instrument of
appointment and, if eligible, may be reappointed.
Holding other office
3. The holder of an office who is required by the terms of
his or her employment to devote the whole of his or her
time to the duties of that office is not disqualified from -
(a) holding that office and also the office of a
member; or
(b) accepting any remuneration payable to a
member.
State Service Act 2000
4. (1) The State Service Act 2000 does not apply in
relation to a member in his or her capacity as a member.
(2) A person may hold the office of member in
conjunction with State Service employment.
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2004 Jim Bacon Foundation No. sch. 1
Remuneration and conditions of appointment
5. (1) A member is entitled to be paid such remuneration
and allowances as the Minister determines.
(2) A member who is a State Service officer or State
Service employee is not entitled to remuneration or
allowances under this clause except with the approval of
the Minister administering the State Service Act 2000.
(3) A member holds office on such conditions in
relation to matters not provided for by this Act as are
specified in the member's instrument of appointment.
Vacation of office
6. (1) A member vacates office if he or she -
(a) dies; or
(b) resigns by written notice given to the Minister;
or
(c) is removed from office pursuant to
subclause (2) or (3).
(2) The Minister may remove a member from office
if the member -
(a) is absent from 2 consecutive meetings of the
Foundation without the permission of the
Foundation; or
(b) becomes bankrupt, applies to take the benefit
of any law for the relief of bankrupt or
insolvent debtors, compounds with the
member's creditors or makes an assignment of
the member's remuneration or estate for their
benefit; or
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sch. 1 No. Jim Bacon Foundation 2004
(c) is convicted, in Tasmania or elsewhere, of a
crime or an offence punishable by
imprisonment for a term of 12 months or
longer or a fine of 300 penalty units or more.
(3) The Minister may remove a member from office
if satisfied that the member is unable to perform
adequately or competently the duties of office.
Filling of vacancies
7. If the office of a member becomes vacant, the Minister
may appoint a person to the vacant office for the
remainder of the member's term of office if the Minister is
satisfied that the person has the skills and experience to
enable him or her to further the objects of the Foundation.
Validation of proceedings, &c.
8. (1) An act or proceeding of the Foundation or of a
person acting under a direction of the Foundation is not
invalidated by reason only that at the time when the act or
proceeding was done, taken or commenced there was a
vacancy in the office of a member.
(2) All acts and proceedings of the Foundation or of
a person acting under a direction of the Foundation are,
despite the subsequent discovery of a defect in the
appointment of a member or that any other person was
disqualified from acting as, or incapable of being, a
member, as valid as if the member had been duly
appointed and was qualified to act as, or capable of being,
a member, and as if the Foundation had been fully
constituted.
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2004 Jim Bacon Foundation No. sch. 1
Presumptions
9. In any proceeding by or against the Foundation, unless
evidence is given to the contrary, proof is not required of -
(a) the constitution of the Foundation; or
(b) the appointment of any member.
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sch. 2 No. Jim Bacon Foundation 2004
SCHEDULE 2 - MEETINGS OF FOUNDATION
Section 6(7)
Interpretation
1. In this Schedule -
"member" means a member of the Foundation.
Convening of meetings
2. (1) The chairperson of the Foundation, after giving
each member reasonable notice of a meeting -
(a) may convene a meeting at any time; and
(b) must convene a meeting when requested to do
so by 2 or more other members.
(2) If the chairperson of the Foundation is absent
from duty or otherwise unable to perform the duties of the
office, a meeting may be convened, after reasonable notice
of the meeting has been given, by -
(a) two or more other members; or
(b) a person authorised by the Foundation to do
so.
(3) For the purposes of subclauses (1) and (2), what
constitutes reasonable notice is to be determined by the
Foundation.
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2004 Jim Bacon Foundation No. sch. 2
Presiding at meetings
3. (1) The chairperson of the Foundation is to preside at
all meetings of the Foundation at which he or she is
present.
(2) If the chairperson is not present at a meeting of
the Foundation, a member elected by the members present
at the meeting is to preside.
Quorum and voting at meetings
4. (1) Three members constitute a quorum at a meeting of
the Foundation.
(2) A meeting of the Foundation at which a quorum
is present is competent to transact any business of the
Foundation.
(3) The person presiding at a meeting of the
Foundation has a deliberative vote and, in the event of an
equality of votes, also has a casting vote.
Conduct of meetings
5. (1) Subject to this Act, the Foundation may regulate
the calling of, and the conduct of business at, its meetings
as it considers appropriate.
(2) The Foundation may permit members to
participate in a particular meeting or all meetings by -
(a) telephone; or
(b) video conference; or
(c) any other means of communication approved
by the Foundation.
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sch. 2 No. Jim Bacon Foundation 2004
(3) A member who participates in a meeting under a
permission granted under subclause (2) is taken to be
present at the meeting.
(4) Without limiting subclause (1), the Foundation
may allow a person to attend a meeting for the purpose of
advising or informing it on any matter.
Resolutions without meetings
6. (1) If all members sign a document containing a
statement that they are in favour of a resolution in the
terms set out in the document, a resolution in those terms
is taken to have been passed at a meeting of the
Foundation held on the day on which the document is
signed or, if the members do not sign it on the same day,
on the day on which the last of the members signs the
document.
(2) If a resolution is taken to have been passed
under subclause (1), each member is to be -
(a) advised immediately of the matter; and
(b) given a copy of the terms of the resolution.
(3) For the purposes of subclause (1), 2 or more
separate documents containing a statement in identical
terms, each of which is signed by one or more members, is
taken to constitute one document.
Minutes
7. The Foundation is to keep accurate minutes of its
meetings.
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2004 Jim Bacon Foundation No. sch. 2
General procedure
8. Except as provided by this Act, the Foundation may
regulate its own proceedings.
Presumptions
9. In any proceeding by or against the Foundation, unless
evidence is given to the contrary, proof is not required of -
(a) any resolution of the Foundation; and
(b) the presence of a quorum at any meeting of
the Foundation.
Government Printer, Tasmania 17