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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
KENNERLEY TRUST BILL 2015
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 - VALIDATION
4. Validation of certain actions
5. Trust Deed
6. No action lies in respect of failure to act
PART 3 - WINDING-UP OF KENNERLEY TRUST
7. Revocation of Trust Deed
8. Transfer of assets and liabilities
9. Construction of certain documents
10. Legal proceedings and related matters
PART 4 - MISCELLANEOUS
11. Administration of Act
[Bill 29]-VI
2
KENNERLEY TRUST BILL 2015
This Public Bill originated in the Legislative Council, and, having this day passed, is
now ready for presentation to the House of Assembly for its concurrence.
D. T. Pearce, Clerk of the Council
15 September 2015
(Brought in by the Minister for Justice, the Honourable Dr.
Vanessa Goodwin)
A BILL FOR
An Act to validate certain actions in respect of the
Kennerley Trust, to revoke the deed establishing the
Kennerley Trust, to make provision for how the trust
property is to be dealt with on revocation of the deed, and
for related purposes
Be it enacted by Her 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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Kennerley Trust Act
2015.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 29] 3
Kennerley Trust Act 2015
Act No. of
s. 3 Part 1 - Preliminary
3. Interpretation
In this Act -
Association means the Kennerley Children's
Home Inc (ABN 54083304285);
commencement day means the day on which
this Act commences;
Rules of Association means the rules of the
Association, as in force from time to
time, that are made as required by, and in
accordance with, the Associations
Incorporation Act 1964;
Trust Deed means the Deed of Gift dated
20 March 1876 and registered in the
Registry, within the meaning of the
Registration of Deeds Act 1935, on
16 January 1908 under the number
11/7412;
Trustee means the position of Trustee as
established by the Trust Deed;
trust function or power means a function or
power in respect of the Trust or the assets
or liabilities of the Trust;
Trust Governor means the position of
Governor as established by the Trust
Deed;
Trusts means the trusts established under the
Trust Deed.
4
Kennerley Trust Act 2015
Act No. of
Part 2 - Validation s. 4
PART 2 - VALIDATION
4. Validation of certain actions
A person who, before the commencement day,
performed or exercised, or purportedly
performed or exercised, a trust function or power
is taken -
(a) to have validly performed or exercised
that trust function or power, if the
function or power was performed or
exercised in good faith in accordance
with the Trust Deed or the Rules of
Association, as in force at the time the
function was performed or the power was
exercised; and
(b) to have held the position required in the
Trust Deed, or the Rules of Association,
to perform the function or exercise the
power while he or she was performing
the function or exercising the power.
5. Trust Deed
(1) No breach of trust is taken to have occurred in
respect of the Trust Deed during the period
commencing on the day that the Trust Deed
initially took effect and ending on the
commencement day.
(2) On the day that the Kennerley Children's Homes
Act 1969 commenced -
5
Kennerley Trust Act 2015
Act No. of
s. 6 Part 2 - Validation
(a) that Act is taken to have varied the Trust
Deed to the extent necessary to
incorporate the provisions, and intention,
of that Act; and
(b) the variation of the Trust Deed by that
Act is taken to have remained in effect
despite the repeal of that Act under the
Legislation Repeal Act 1998.
6. No action lies in respect of failure to act
(1) In this section -
proposed defendant means a person who
acted, or purportedly acted, in the
position of Trustee or Trust Governor at
any point before the commencement day.
(2) No action lies against a proposed defendant in
relation to any loss incurred by a person, if the
loss is only incurred by the person as a
consequence of the proposed defendant failing to
perform or exercise, any function or power
specified within the Trust Deed.
6
Kennerley Trust Act 2015
Act No. of
Part 3 - Winding-up of Kennerley Trust s. 7
PART 3 - WINDING-UP OF KENNERLEY TRUST
7. Revocation of Trust Deed
On the commencement day, the Trust Deed is
revoked.
8. Transfer of assets and liabilities
(1) In this section -
State tax means any of the following imposed
by an Act or law of this State:
(a) a fee;
(b) a tax or duty;
(c) a charge;
Trust property means the following property:
(a) the land situated at 77 Box Hill
Road, Claremont in Tasmania,
comprised in Volume 71050,
Folios 1 and 2 of the Register
kept under section 33 of the Land
Titles Act 1980;
(b) the land situated at 20-24 Arunta
Crescent, Chigwell in Tasmania,
comprised in Volume 86621,
Folio 1 of the Register kept under
section 33 of the Land Titles Act
1980;
7
Kennerley Trust Act 2015
Act No. of
s. 8 Part 3 - Winding-up of Kennerley Trust
(c) the land situated at 20 Cadbury
Road, Claremont in Tasmania,
comprised in Volume 86522,
Folios 2 and 3 of the Register
kept under section 33 of the Land
Titles Act 1980;
(d) the land situated at 99 Allunga
Road, Chigwell in Tasmania, as
identified by the property
identification number 5296787
contained in the Land
Information System Tasmania
administered by the department
responsible for the administration
of the Land Titles Act 1980;
(e) any other property held by, or on
behalf of, a Trustee or Trust
Governor in his or her capacity as
Trustee or Trust Governor;
(f) any other property held by, or on
behalf of or for the purposes of,
the Trust.
(2) On the commencement day -
(a) the Trust property vests in the
Association for the purposes of the
Association; and
(b) the liabilities of the Trusts, including
liabilities of the Trusts in respect of the
Trust property, become the liabilities of
the Association.
8
Kennerley Trust Act 2015
Act No. of
Part 3 - Winding-up of Kennerley Trust s. 9
(3) State tax is not payable in respect of any
document prepared, or transfer or transaction
done, to give effect to subsection (2).
9. Construction of certain documents
(1) In this section -
document means a document, or part of a
document, that was in force immediately
before the commencement day.
(2) Unless the context or the subject matter of a
document otherwise requires, on and after the
commencement day -
(a) a reference in a document to the Trust
Deed is taken to be a reference to the
Rules of Association; and
(b) a reference in a document to the Trusts is
taken to be a reference to the
Association.
(3) Unless the context or the subject matter of a
document otherwise requires, on and after the
commencement day a reference in a document to
any of the following organisations is taken to be
a reference to the Association:
(a) Boys' Home Industrial School;
(b) Kennerley Boys' Home;
(c) Boys' Home;
(d) Boys' Industrial School;
9
Kennerley Trust Act 2015
Act No. of
s. 10 Part 3 - Winding-up of Kennerley Trust
(e) Hobart Boys' Home and Industrial
School;
(f) Kennerley Boys' Industrial School;
(g) Kennerley Home.
10. Legal proceedings and related matters
On and after the commencement day -
(a) any legal or other proceedings instituted
by or against a person in respect of the
performance or exercise, or failure to
perform or exercise, a trust function or
power that are still pending may be
continued by or against the Association;
and
(b) any legal or other proceedings that could
have been instituted, before the
commencement day, by or against a
person in respect of the performance or
exercise, or failure to perform or
exercise, a trust function or power may
be instituted by or against the
Association; and
(c) any judgement or order of a court
obtained before the commencement day
by or against a person acting as Trustee
or Trust Governor, in his or her capacity
as Trustee or Trust Governor, and not
executed or satisfied before the
commencement day may be enforced by
or against the Association; and
10
Kennerley Trust Act 2015
Act No. of
Part 3 - Winding-up of Kennerley Trust s. 10
(d) a document relating to any legal or other
proceedings that has been served on or
by a person acting as Trustee or Trust
Governor, in his or her capacity as
Trustee or Trust Governor, is taken,
where appropriate, to have been served
on or by the Association.
11
Kennerley Trust Act 2015
Act No. of
s. 11 Part 4 - Miscellaneous
PART 4 - MISCELLANEOUS
11. Administration of Act
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 Minister for Justice; and
(b) the department responsible to the
Minister for Justice in relation to the
administration of this Act is the
Department of Justice.
12 Government Printer, Tasmania