New South Wales
Sydney Opera House Trust Act 1961
No 9
Status information
Currency of version
Historical version for 9 July 2010 to 3 January 2013 (generated 9 January 2013 at 15:32).
Legislation on the NSW legislation website is usually updated within 3 working days.
Provisions in force
All the provisions displayed in this version of the legislation have commenced. For
commencement and other details see the Historical notes.
Does not include amendments by:
Statute Law (Miscellaneous Provisions) Act (No 2) 2012 No 95 (not commenced — to
commence on 4.1.2013)
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel’s
Office and published on the NSW legislation website.
New South Wales
Sydney Opera House Trust Act 1961
No 9
Contents
Page
1
2
3
4
5
6
7
8
9
10
11
11A
12
12A
13
Name of Act
2
Definitions
2
Constitution of Sydney Opera House Trust
2
Objects and functions of Trust
2
(Repealed)
3
Trustees
3
(Repealed)
4
Casual vacancies
4
Application of Public Sector Employment and Management Act
2002
5
Chairperson
5
Procedure of Trust and quorum
5
Transaction of business outside meetings or by telephone
5
Delegation to committees, and other persons
6
Disclosure of pecuniary interests
6
Allowances
7
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Sydney Opera House Trust Act 1961 No 9
Contents
Page
14
15
16, 17
18
19
20
21–23
24
25
26
26A, 27
28
28A
28B
28C
28D
28E
29
Schedule 1
Schedule 2
Validity of acts and proceedings
Common seal
(Repealed)
Gifts, endowments, bequests and devises
Sale or disposal of certain property
Statutory endowment
(Repealed)
Investment of funds of the Trust
Charges and admission fees
Hiring
(Repealed)
By-laws
Trespassing at Opera House
Trespassing at Opera House with intent
Damage to Opera House
Penalty for attempt
Proceedings for offences
Savings and transitional provisions
Specific powers of the Trust
Savings and transitional provisions
7
8
8
8
8
9
9
9
9
10
10
10
11
11
12
12
12
12
13
15
Table of amending instruments
Table of amendments
16
18
Notes
Contents page 2
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
New South Wales
Sydney Opera House Trust Act 1961
No 9
An Act to make provisions with respect to the management and administration of the
Sydney Opera House; to provide for the establishment and incorporation of The
Sydney Opera House Trust and to define its powers, authorities, duties and functions;
and for purposes connected therewith.
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Section 1
1
Sydney Opera House Trust Act 1961 No 9
Name of Act
This Act may be cited as the Sydney Opera House Trust Act 1961.
2
3
Definitions
(1)
In this Act, unless the context or subject-matter otherwise indicates or
requires:
By-laws means by-laws made under this Act.
Opera House means the whole of the land comprised in Lot 4,
Deposited Plan 787933, and Lot 5, Deposited Plan 775888, and
includes any building, work or fixture on that land.
Trust means The Sydney Opera House Trust constituted and
incorporated under this Act.
Trustee means a member of the Trust.
(2)
Notes included in this Act do not form part of this Act.
Constitution of Sydney Opera House Trust
(1)
There shall be constituted under this Act a Sydney Opera House Trust
which shall carry into effect the objects and purposes of this Act and
shall have and may exercise the powers, authorities, duties and
functions conferred or imposed on the Trust by or under this Act.
In the exercise and discharge of its powers, authorities, duties and
functions the Trust shall, notwithstanding anything contained in this
Act, be subject to the control and direction of the Minister.
4
(2)
The Trust shall be a body corporate under the name of “The Sydney
Opera House Trust” with perpetual succession and a common seal, and
shall, for the purposes and subject to the provisions of this Act, be
capable by that name of suing and being sued, and of purchasing,
holding, granting, demising, disposing of or otherwise dealing with real
and personal property and of doing and suffering all such other acts and
things as bodies corporate may by law do and suffer.
(3)
The Trust may acquire and hold by purchase, lease or otherwise any real
or personal property and any rights or privileges which the Trust may
think necessary or convenient for its objects.
Objects and functions of Trust
(1)
The Trust shall have the following objects and may exercise any or all
of the following functions:
(a) the administration, care, control, management and maintenance
of the Opera House,
Page 2
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Sydney Opera House Trust Act 1961 No 9
(b)
(c)
(d)
Section 6
the management and administration of the Opera House as a
theatre, concert hall and place of assembly to be used as a place
for the presentation of any of the branches of the musical,
operatic, dramatic, terpsichorean, visual or auditory arts or as a
meeting place in respect of matters of international, national or
local significance,
the promotion of artistic taste and achievement in any of the
branches of the arts referred to in the foregoing provisions of this
subsection,
scientific research into, and the encouragement of, new and
improved forms of entertainment and methods of presentation of
entertainment.
(2)
In order that the Trust may attain any of its objects and effectively carry
out any of its functions, it shall have power to do all such things as it
may deem incidental or conducive to the profitable and effective
carrying out thereof.
(3)
The Trust shall have in addition to any other powers conferred on it by
this Act the specific powers set out in Schedule 1.
(4)
The mere enumeration of specific powers in Schedule 1 or the
conferring upon the Trust of other specific powers by any other section
of this Act shall not operate to limit the general powers conferred upon
the Trust by this section.
(5), (6)
(7)
(Repealed)
The Trust cannot employ any staff.
Note. Staff may be employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Government Service to enable
the Trust to exercise its functions.
5
(Repealed)
6
Trustees
(1)
The Trust is to consist of 10 members appointed by the Governor on the
nomination of the Minister.
(2)
The trustees must include at least 2 persons who have knowledge of, or
experience in, the performing arts.
(3)
A trustee is to hold office for such period, not exceeding 3 years, as is
specified in the trustee’s instrument of appointment but is, subject to
subsection (4), eligible for re-appointment.
(4)
A trustee is not to hold office for 4 consecutive terms.
Page 3
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Section 8
Sydney Opera House Trust Act 1961 No 9
(5)
On the occurrence of a vacancy in the office of a trustee otherwise than
by the expiration of the trustee’s term of appointment, the Governor
may, on the nomination of the Minister, appoint a person to fill the
vacant office for the residue of the term of office of his or her
predecessor.
(5A)
For the purposes of subsection (4) only, an appointment under
subsection (5) does not constitute (and is taken never to have
constituted) an appointment for a term of office.
(6)
(Repealed)
7
(Repealed)
8
Casual vacancies
(1)
A trustee shall be deemed to have vacated office if the trustee:
(a) dies,
(b) resigns office by writing under the trustee’s hand addressed to the
Governor,
(c) becomes a mentally incapacitated person,
(d) is absent from three consecutive ordinary meetings of the Trust
of which notice has been given to the trustee personally or in the
ordinary course of post and is not before the expiration of six
weeks after the last of such meetings excused by the Trust for his
or her absence from such meetings,
(e) is removed from office by the Governor,
(f) accepts or continues to hold after appointment as a trustee:
(i) a position or employment with, or, whether in an honorary
capacity or otherwise, membership of, the board or
committee of management of any corporation, society,
authority, organisation or association which is a party or
becomes a party to a contract or arrangement with the
Trust for the use or hire of the Opera House or any part
thereof, or
(ii) a pecuniary interest or benefit whether direct or indirect in
or from any contract or arrangement with the Trust for the
use or hire of the Opera House or any part thereof,
and the Minister in the circumstances of the case considers that
the office of the trustee should become vacant.
(2)
The Governor may, for any cause which appears to the Governor to be
sufficient, remove any trustee from office.
Page 4
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Sydney Opera House Trust Act 1961 No 9
9
10
11
11A
Section 9
Application of Public Sector Employment and Management Act 2002
(1)
The Public Sector Employment and Management Act 2002 (other than
Chapter 5) does not apply to or in respect of the appointment of a
trustee.
(2)
The office of a trustee is, for the purposes of the Constitution Act 1902,
or any Act amending or replacing that Act, taken not to be an office or
place of profit under the Crown.
Chairperson
(1)
The Chairperson of the Trust shall be such trustee as the Governor on
the nomination of the Minister may appoint as Chairperson.
(2)
At every meeting of the Trust at which the Chairperson is present the
Chairperson shall preside. In the absence of the Chairperson from any
meeting of the Trust, the trustees present at the meeting shall select from
amongst their number a Chairperson to preside at that meeting.
Procedure of Trust and quorum
(1)
The procedure for the calling of meetings of the Trust and the conduct
of business at such meetings shall, subject to any by-laws in relation
thereto, be as determined by the trustees.
(2)
Any 6 trustees shall be a quorum for the purposes of any meeting of the
Trust.
(3)
Any duly convened meeting of the Trust at which a quorum is present
shall be competent to transact any business of the Trust and shall have
and may exercise and perform all the powers, authorities, duties and
functions by this Act conferred or imposed upon the Trust.
(4)
A decision of the majority of trustees present at a meeting of the Trust
shall be the decision of the Trust.
(5)
The Chairperson or other the trustee presiding at any meeting of the
Trust shall have a deliberative vote and, in the event of an equality of
votes, a second or casting vote.
Transaction of business outside meetings or by telephone
(1)
The Trust may, if it thinks fit, transact any of its business by the
circulation of papers among all the trustees for the time being, and a
resolution in writing approved in writing by a majority of those trustees
is taken to be a decision of the Trust.
(2)
The Trust may, if it thinks fit, transact any of its business at a meeting
at which trustees (or some trustees) participate by telephone,
closed-circuit television or other means, but only if any trustee who
speaks on a matter before the meeting can be heard by the other trustees.
Page 5
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Section 12
12
12A
Sydney Opera House Trust Act 1961 No 9
(3)
For the purposes of:
(a) the approval of a resolution under subsection (1), or
(b) a meeting held in accordance with subsection (2),
the Chairperson and each trustee have the same voting rights as they
have at an ordinary meeting of the Trust.
(4)
A resolution approved under subsection (1) is, subject to the by-laws, to
be recorded in the minutes of the meetings of the Trust.
(5)
Papers may be circulated among the trustees for the purposes of
subsection (1) by facsimile or other transmission of the information in
the papers concerned.
Delegation to committees, and other persons
(1)
The Trust may establish such committees as it thinks fit for the purpose
of assisting it to carry out its objects and functions under this Act.
(2)
A person may be appointed to any such committee whether or not the
person is a member of the Trust.
(3)
Any such committee may exercise such of the Trust’s powers,
authorities, duties and functions as may be delegated to it by the Trust.
(4)
Any member of staff of the Trust may exercise such of the Trust’s
powers, authorities, duties and functions as may be delegated to the
member of staff by the Trust.
(5)
Notwithstanding any delegation made under this section, the Trust may
continue to exercise and discharge any of the powers, authorities, duties
and functions so delegated.
(6)
The Trust may at any time revoke any such delegation, either wholly or
in part.
Disclosure of pecuniary interests
(1)
If:
(a)
a trustee has a direct or indirect pecuniary interest in a matter
being considered or about to be considered at a meeting of the
Trust, and
(b) the interest appears to raise a conflict with the proper
performance of the trustee’s duties in relation to the consideration
of the matter,
the trustee must, as soon as possible after the relevant facts have come
to the trustee’s knowledge, disclose the nature of the interest at a
meeting of the Trust.
(2)
A disclosure by a trustee at a meeting of the Trust that the trustee:
Page 6
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Sydney Opera House Trust Act 1961 No 9
Section 13
(a)
is a member, or is in the employment, of a specified company or
other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company
or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which may arise
after the date of the disclosure and which is required to be disclosed
under subsection (1).
13
(3)
Particulars of any disclosure made under this section must be recorded
by the Trust in a book kept for the purpose and that book must be open
at all reasonable hours to inspection by any person on payment of the
fee determined by the Trust.
(4)
After a trustee has disclosed the nature of an interest in any matter, the
trustee must not, unless the Trust otherwise determines:
(a) be present during any deliberation of the Trust with respect to the
matter, or
(b) take part in any decision of the Trust with respect to the matter.
(5)
For the purposes of the making of a determination by the Trust under
subsection (4), a trustee who has a direct or indirect pecuniary interest
in a matter to which the disclosure relates must not:
(a) be present during any deliberation of the Trust for the purpose of
making the determination, or
(b) take part in the making by the Trust of the determination.
(6)
A contravention of this section does not invalidate any decision of the
Trust.
(7)
This section applies to a member of a committee of the Trust and the
committee in the same way as it applies to a trustee of the Trust and the
Trust.
Allowances
The trustees shall be entitled to receive allowances for conveyance and
subsistence in travelling to and from meetings of the Trust and upon the
business of the Trust, in such amounts or at such rates as may be
prescribed by or under the by-laws.
14
Validity of acts and proceedings
(1)
No act or proceeding of the Trust or of any person acting pursuant to any
direction of the Trust shall be invalidated or prejudiced by reason only
Page 7
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Section 15
Sydney Opera House Trust Act 1961 No 9
of the fact that at the time when such act or proceeding was done, taken
or commenced there was a vacancy in the office of any trustee.
(2)
15
16, 17
18
19
All acts and proceedings of the Trust or of any person acting pursuant
to any direction of the Trust shall, notwithstanding the subsequent
discovery of any defect in the appointment of any trustee, or that any
such trustee was disqualified from acting as or incapable of being a
trustee, be as valid as if such trustee had been duly appointed and was
qualified to act as or capable of being, and had acted as, a trustee and as
if the Trust had been properly and fully constituted.
Common seal
(1)
The common seal of the Trust shall be kept in the custody of the
Chairperson or such other trustee as the Trust may determine, and shall
not be affixed to any instrument or writing except upon resolution of the
Trust.
(2)
Every instrument to which the common seal is affixed shall be signed
by two trustees and such other member of staff of the Trust as the Trust
may appoint.
(3)
All courts, judges and persons acting judicially shall take judicial notice
of the common seal of the Trust, and shall presume that it was duly
affixed.
(Repealed)
Gifts, endowments, bequests and devises
(1)
The Trust shall have power to acquire by gift inter vivos, endowment,
bequest or devise, any property for any of the purposes of this Act, and
to agree to the condition of any such gift, endowment, bequest or devise.
(2)
The rule of law relating to perpetuities shall not apply to any such
condition to which the Trust has agreed.
(3)
The Duties Act 1997 does not apply to or in respect of any gift inter
vivos, endowment, bequest or devise made or to be made to the Opera
House or the Trust.
Sale or disposal of certain property
(1)
Where the Trust adjudges any real or personal property for the time
being vested in the Trust to be unfit for or not required for its objects,
the Trust may notwithstanding the terms of any trust affecting the
property or of any arrangement or condition made or agreed to by the
Trust at the time of its acquisition by the Trust:
(a) sell the property or exchange it for any other property, or
Page 8
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Sydney Opera House Trust Act 1961 No 9
(b)
20
Section 20
dispose of without consideration or in the case of personal
property destroy the property if the Trust adjudges it to be of no
salable value.
(1A)
The proceeds of any sale under subsection (1) (a) are, after deducting
the costs of the sale (including incidental costs), to be held by the Trust
for the objects of the Trust.
(2)
Any property sold or disposed of by way of exchange or otherwise by
the Trust purporting to exercise any of the powers conferred on the
Trust by this section shall vest in the person acquiring it by virtue of the
sale or other disposition freed and discharged from any trust,
arrangement or condition relating to any sale or disposition of the
property or to the use of the property to which the property was subject
in the hands of the Trust.
(3)
No person acquiring any property from the Trust purporting to exercise
any of the powers conferred on the Trust by this section shall be
concerned to inquire whether a case has arisen to authorise the sale or
other disposition of the property or whether the power was otherwise
properly and regularly exercised or to see the application of any
purchase money paid to the Trust.
Statutory endowment
For the purpose of assisting the Trust in carrying out its objects, there
shall be paid by the Treasurer to the Trust such sum as Parliament may
approve each year. Such sum shall be paid in such instalments as the
Treasurer may approve.
21–23
24
25
(Repealed)
Investment of funds of the Trust
(1)
The Trust may, subject to the provisions of any trust affecting its funds
or to any directions or restrictions attached thereto or imposed by the
donor thereof, from time to time invest any of its funds in any
investment in which a trustee may invest trust funds in accordance with
the Trustee Act 1925.
(2)
The Trust may retain and hold any investments which may be
transferred to it otherwise than by way of purchase notwithstanding that
such investments may not be of the nature authorised by subsection (1).
Charges and admission fees
(1)
The Trust:
(a) may by resolution from time to time fix the scale of charges and
admission fees to be made and levied by it for admission to the
Page 9
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Section 26
Sydney Opera House Trust Act 1961 No 9
(b)
(2)
26
Opera House or any part of the Opera House at any time except
during a period when the Trust has granted the use of the Opera
House or such part to any person pursuant to section 26, and
may, except during any such period, demand, recover and receive
such charges and admission fees from any person entering the
Opera House or the part of the Opera House in respect of which
a charge or admission fee is payable.
The scale of charges and admission fees to be made and levied for
admission to the Opera House or part of the Opera House may vary
according to the days on which, the times at which, the function to
which, and the uses or purposes for which, admission is sought or
allowed.
Hiring
The Trust may permit the Opera House or any part of the Opera House
to be used by any person at such times and upon such terms and
conditions and subject to payment to the Trust of such hiring charges as
the Trust may think fit and proper, or as may be prescribed by the
by-laws, for or in connection with any purpose approved by the Trust.
26A, 27
28
(Repealed)
By-laws
(1)
The Trust may make by-laws not inconsistent with this Act for and with
respect to:
(a) the general management and control of the Opera House or any
part of the Opera House, including but without limiting the
generality of the foregoing, by-laws for or with respect to:
(i) the regulation of the use and enjoyment of the Opera
House,
(ii) the leasing, letting or hiring of the Opera House,
(iii) the securing of decency and order at the Opera House,
(iv) the removal of trespassers from the Opera House and of
other persons causing annoyance or inconvenience at the
Opera House,
(v) the regulation or prevention of the taking of intoxicants
into the Opera House, or the consuming of intoxicants at
the Opera House,
(vi) the regulation or prevention of the taking of animals into
the Opera House,
(vii) the regulation, control or prohibition of the parking of
vehicles on any land under the control of the Trust, the
Page 10
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Sydney Opera House Trust Act 1961 No 9
Section 28A
making of charges for such parking, and the collecting and
receiving of such charges by the Trust or by other persons,
(viii) admission to the Opera House or any part of the Opera
House, and the making and levying of charges or
admission fees, and the collecting and receiving of such
charges and fees by the Trust or by other persons,
(b) regulating the affairs, business, management and meetings of the
Trust and any committee thereof,
(c) (Repealed)
(d) generally any matters necessary or convenient for carrying out or
giving effect to this Act.
(2)
(2A)
(3)
The by-laws may impose a penalty not exceeding 50 penalty units for
any breach of the by-laws.
(Repealed)
A by-law has no effect unless approved by the Governor.
Note. Any by-law made by a person or body that requires the approval of the
Governor is a statutory rule for the purposes of the Interpretation Act 1987.
Accordingly, it must be published on the NSW legislation website to come into
force.
28A
(4)
(Repealed)
(5)
A by-law shall not apply to a part of the Opera House which has not
been specified in a notification under section 5 (2).
Trespassing at Opera House
A person who enters, or remains at, any part of the Opera House as a
trespasser is guilty of an offence.
Maximum penalty: 200 penalty units or imprisonment for 2 years, or
both.
28B
Trespassing at Opera House with intent
A person who enters, or remains at, any part of the Opera House as a
trespasser with intent to:
(a) cause damage to the Opera House, or
(b) seriously disrupt the operations of the Opera House, or
(c) commit any offence punishable by imprisonment or arising under
the Summary Offences Act 1988,
is guilty of an offence.
Maximum penalty on indictment: imprisonment for 7 years.
Page 11
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Section 28C
28C
Sydney Opera House Trust Act 1961 No 9
Damage to Opera House
A person who intentionally or recklessly damages the Opera House is
guilty of an offence.
Maximum penalty on indictment: imprisonment for 5 years.
28D
Penalty for attempt
A person who attempts to commit an offence under section 28B or 28C
is liable to the penalty provided for the offence concerned.
28E
29
Proceedings for offences
(1)
Proceedings for an offence against this Act or the by-laws, except
sections 28B and 28C, are to be dealt with summarily before the Local
Court.
(2)
Chapter 5 of the Criminal Procedure Act 1986 (which relates to the
summary disposal of certain indictable offences unless an election is
made to proceed on indictment) applies to and in respect of an offence
under section 28B or 28C.
Savings and transitional provisions
Schedule 2 has effect.
Page 12
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Sydney Opera House Trust Act 1961 No 9
Schedule 1
Schedule 1
Specific powers of the Trust
(Section 4 (3), (4))
(a)
To use or arrange for the use of the Opera House for:
(i) the presentation of grand opera and ballet, and orchestral,
instrumental, dramatic, choral and vocal concerts and recitals,
(ii) the promotion and organisation of music, drama and dance
festivals and similar entertainments,
(iii) the holding of conferences and meetings,
(iv) performances, entertainments, displays, exhibitions, recitals,
lectures, film-screenings, broadcasts, telecasts and other
purposes calculated, in the opinion of the Trust, to provide for the
cultural welfare or education of the participants or audience.
(b)
To engage and enter into contracts with artists, entertainers, lecturers
and performers to appear at the Opera House and to pay them such fees
and remuneration as may be agreed upon.
(c)
In or in connection with the Opera House and any entertainment or
gathering therein to carry on the businesses of licensed victuallers,
refreshment purveyors, caterers, tobacconists and confectioners and any
like business.
(d)
To give and contribute towards prizes, cups and other rewards or prizes
for competition at any entertainment or gathering held at the Opera
House.
(e)
To grant rights and privileges to licensed victuallers, caterers,
tobacconists, confectioners and other vendors to sell their wares at the
Opera House upon such terms and conditions and subject to the
payment of such charges as may be determined by the Trust.
(f)
To install, use, work and maintain film cameras and projectors and
broadcasting and television apparatus, and to grant the right of
installing, using, working and maintaining the same at the Opera House
upon such terms and conditions and subject to the payment of such
charges as may be determined by the Trust.
(g)
To print and publish or to arrange for the printing or publishing of plays,
music, programmes, posters and advertisements and such other
publications as the Trust may deem expedient and to acquire the
copyright therein.
(h)
To register, purchase or apply for or otherwise acquire either wholly or
in part any invention, copyright, trade or other mark or design, patent,
Page 13
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Schedule 1
Sydney Opera House Trust Act 1961 No 9
patent rights and privileges, licences, concessions or other like rights
conferring any exclusive or non-exclusive or limited right to use any
mark, device, brand, process or invention which may seem capable of
being used in the exercise or in furtherance of any of the functions of the
Trust or the acquisition of which may seem to be calculated directly or
indirectly to benefit the Trust and to sell, dispose of, use, exercise and
develop such rights or inventions or to grant licences or privileges in
respect thereof.
(i)
To enter into any contract or arrangement with any person for the
purpose of promoting the objects of the Trust.
Page 14
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Sydney Opera House Trust Act 1961 No 9
Schedule 2
Schedule 2
Savings and transitional provisions
(Section 29)
1
2
Initial term of office of additional trustee
(1)
Despite section 6, the initial term of office of the additional trustee
begins and ends (subject to subclause (2) and section 8) on such dates
as are specified for those purposes in the additional trustee’s instrument
of appointment.
(2)
The initial term of office is not to exceed 3 years.
(3)
In this clause, additional trustee means the trustee appointed in
consequence of the amendment made to section 6 by the Statute Law
(Miscellaneous Provisions) Act 2002.
Provision consequent on enactment of Statute Law (Miscellaneous
Provisions) Act 2009
The amendment to section 6 (3) made by the Statute Law
(Miscellaneous Provisions) Act 2009 does not affect the term of office
that a person holds as a trustee immediately before the amendment took
effect.
Page 15
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Notes
Sydney Opera House Trust Act 1961 No 9
Historical notes
The following abbreviations are used in the Historical notes:
Am
amended
LW
legislation website Sch
Cl
clause
No
number
Schs
Cll
clauses
p
page
Sec
Div
Division
pp
pages
Secs
Divs
Divisions
Reg
Regulation
Subdiv
GG
Government Gazette Regs
Regulations
Subdivs
Ins
inserted
Rep
repealed
Subst
Schedule
Schedules
section
sections
Subdivision
Subdivisions
substituted
Table of amending instruments
Sydney Opera House Trust Act 1961 No 9. Assented to 14.3.1961. This Act has been
amended as follows:
1965 No 33
Decimal Currency Act 1965. Assented to 20.12.1965.
Date of commencement of sec 4, 14.2.1966, secs 1 (3), 2 (1) and the
Currency Act 1965 (Commonwealth), sec 2 (2).
1969 No 24
Sydney Opera House Trust (Amendment) Act 1969. Assented to
2.4.1969.
Date of commencement, 1.5.1969, sec 1 (3) and GG No 51 of 24.4.1969,
p 1490.
1972 No 43
Sydney Opera House (Amendment) Act 1972. Assented to 11.4.1972.
No 48
Reprints Act 1972. Assented to 9.10.1972.
1973 No 32
Sydney Opera House Trust (Amendment) Act 1973. Assented to
2.5.1973.
Date of commencement, 19.4.1974, sec 2 and GG No 45 of 19.4.1974, p
1420. Amended by Statute Law (Miscellaneous Amendments) Act 1984
No 153. Assented to 10.12.1984.
1975 No 89
Sydney Opera House (Amendment) Act 1975. Assented to 10.12.1975.
Date of commencement of sec 6, 8.3.1976, sec 2 (3) and GG No 15 of
30.1.1976, p 398.
1983 No 153
Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment
Act 1983. Assented to 29.12.1983.
Date of commencement of Sch 2, 6.1.1984, sec 2 (2) and GG No 4 of
6.1.1984, p 19.
1985 No 191
Sydney Opera House Trust (Amendment) Act 1985. Assented to
10.12.1985.
Page 16
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Sydney Opera House Trust Act 1961 No 9
Notes
1987 No 48
Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to
28.5.1987.
Date of commencement of Sch 32, except as provided by sec 2 (13),
1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809.
1989 No 110
Cultural Institutions (Miscellaneous Amendments) Act 1989. Assented to
24.8.1989.
Date of commencement, 6.10.1989, sec 2 and GG No 97 of 22.9.1989, p
7312.
No 132
Statute Law (Miscellaneous Provisions) (No 2) Act 1989. Assented to
5.9.1989.
Date of commencement of the provisions of Sch 2 relating to the Sydney
Opera House Trust Act 1961, assent, sec 2.
1990 No 15
Water Board (Amendment) Act 1990. Assented to 7.6.1990.
Date of commencement, 15.6.1990, sec 2 and GG No 76 of 15.6.1990, p
4755.
1992 No 112
Statute Law (Penalties) Act 1992. Assented to 8.12.1992.
Date of commencement, assent, sec 2.
1993 No 46
Statute Law (Miscellaneous Provisions) Act 1993. Assented to 15.6.1993.
Date of commencement of the provision of Sch 1 relating to the Sydney
Opera House Trust Act 1961, assent, Sch 1.
1996 No 24
Financial Institutions (Miscellaneous Amendments) Act 1996. Assented
to 21.6.1996.
Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p
3984.
No 121
Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to
3.12.1996.
Date of commencement of Sch 3, 3 months after assent, sec 2 (3).
1997 No 102
Trustee Amendment (Discretionary Investments) Act 1997. Assented to
25.11.1997.
Date of commencement, 13.3.1998, sec 2 and GG No 52 of 13.3.1998, p
1381.
2001 No 121
Justices Legislation Repeal and Amendment Act 2001. Assented to
19.12.2001.
Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of
27.6.2003, p 5978.
2002 No 53
Statute Law (Miscellaneous Provisions) Act 2002. Assented to 4.7.2002.
Date of commencement of Sch 1.26, assent, sec 2 (2).
2003 No 40
Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003.
Date of commencement of Sch 1.50, assent, sec 2 (2).
Page 17
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Notes
Sydney Opera House Trust Act 1961 No 9
2004 No 49
Sydney Opera House Trust Amendment Act 2004. Assented to 6.7.2004.
Date of commencement, 5.11.2004, sec 2 and GG No 174 of 5.11.2004,
p 8351.
2005 No 64
Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005.
Date of commencement of Sch 1.42, assent, sec 2 (2).
2006 No 2
Public Sector Employment Legislation Amendment Act 2006. Assented
to 13.3.2006.
Date of commencement, 17.3.2006, sec 2 and GG No 35 of 17.3.2006, p
1378.
No 120
2007 No 27
No 94
Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to
4.12.2006.
Date of commencement of Sch 1, assent, sec 2 (2).
Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007.
Date of commencement of Sch 2, assent, sec 2 (2).
Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to
13.12.2007.
Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW
3.7.2009.
2009 No 56
Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009.
Date of commencement of Sch 1.41, 17.7.2009, sec 2 (2).
2010 No 59
Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010.
Date of commencement of Sch 1.27, 9.7.2010, sec 2 (2).
This Act has also been amended:
(a)
by a regulation under the Public Authorities (Financial Accommodation) Act 1981 No
82 published in Gazette No 50 of 18.3.1983, p 1255, and
(b)
pursuant to orders under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerly
Acts Reprinting Act 1972). Order dated 22.6.1978, and published in Gazette No 73 of
23.6.1978, p 2405, declaring that the Sydney Opera House Trust Act 1961 is an
enactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act 1972 apply.
Table of amendments
No reference is made to certain amendments made by the Decimal Currency Act 1965, the
Reprints Act 1972, and Schedule 3 (amendments replacing gender-specific language) to the
Statute Law (Miscellaneous Provisions) Act (No 2) 1996.
Sec 2
Am 1973 No 32, sec 3 (a); 2006 No 120, Sch 1.31 [1]; 2007 No 27, Sch
2.54.
Sec 3
Am 1969 No 24, sec 2 (1) (a).
Page 18
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Sydney Opera House Trust Act 1961 No 9
Notes
Sec 4
Am 1973 No 32, sec 3 (f); 1985 No 191, Sch 1 (1); 1989 No 132, Sch 2;
2006 No 2, Sch 4.69 [1]; 2006 No 120, Sch 1.31 [2].
Sec 5
Am 1969 No 24, sec 2 (1) (b); 1972 No 43, sec 3; 1973 No 32, sec 3 (c);
1985 No 191, Sch 1 (1) (2). Rep 2006 No 120, Sch 1.31 [3].
Sec 6
Subst 1969 No 24, sec 2 (1) (c); 1989 No 110, Sch 1. Am 2002 No 53, Sch
1.26 [2]; 2003 No 40, Sch 1.50 [1] [2]; 2009 No 56, Sch 1.41 [1].
Sec 7
Rep 1969 No 24, sec 2 (1) (d).
Sec 8
Am 1969 No 24, sec 2 (1) (e); 1973 No 32, sec 3 (d); 2002 No 53, Sch
1.26 [3].
Sec 9
Am 1989 No 132, Sch 2. Subst 2005 No 64, Sch 1.42 [1].
Sec 10
Subst 1969 No 24, sec 2 (1) (f). Am 1989 No 132, Sch 2.
Sec 11
Am 1969 No 24, sec 2 (1) (g); 1989 No 132, Sch 2; 2002 No 53, Sch 1.26
[4]; 2005 No 64, Sch 1.42 [2].
Sec 11A
Ins 2005 No 64, Sch 1.42 [3]. Am 2010 No 59, Sch 1.27 [1].
Sec 12
Am 2004 No 49, Sch 2 [1] [2].
Sec 12A
Ins 2006 No 120, Sch 1.31 [4].
Sec 15
Am 1989 No 132, Sch 2; 2004 No 49, Sch 2 [3].
Sec 16
Am 1989 No 132, Sch 2. Subst 2004 No 49, Sch 2 [4]. Rep 2006 No 2,
Sch 4.69 [2].
Sec 17
Am 1973 No 32, sec 3 (e); 1975 No 89, sec 6 (2); 1996 No 24, Sch 1; 2004
No 49, Sch 2 [5]. Rep 2006 No 120, Sch 1.31 [5].
Sec 18
Am 1989 No 132, Sch 2; 2005 No 64, Sch 1.42 [4].
Sec 19
Am 2005 No 64, Sch 1.42 [5] [6].
Secs 21, 22
Rep GG No 50 of 18.3.1983, p 1255.
Sec 23
Subst 1983 No 153, Sch 2. Rep 2005 No 64, Sch 1.42 [7].
Sec 24
Am 1997 No 102, Sch 2.11.
Sec 25
Am 1973 No 32, sec 3 (f).
Sec 26
Am 1973 No 32, sec 3 (g).
Sec 26A
Ins 1973 No 32, sec 3 (h). Am 1985 No 191, Sch 1 (3). Rep 1990 No 15,
sec 4.
Sec 27
Rep 2005 No 64, Sch 1.42 [7].
Sec 28
Am 1969 No 24, sec 2 (1) (h); 1973 No 32, sec 3 (i) (am 1984 No 153,
Sch 16); 1985 No 191, Sch 1 (1); 1987 No 48, Sch 32; 1989 No 132, Sch
2; 1992 No 112, Sch 1; 1993 No 46, Sch 1; 2001 No 121, Sch 2.194; 2004
No 49, Sch 2 [6] [7]; 2010 No 59, Sch 1.27 [2].
Secs 28A–28D
Ins 2004 No 49, Sch 1.
Page 19
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)
Notes
Sydney Opera House Trust Act 1961 No 9
Sec 28E
Ins 2004 No 49, Sch 1. Am 2007 No 94, Sch 2.
Sec 29
Ins 2002 No 53, Sch 1.26 [5].
Sch 1
Am 2002 No 53, Sch 1.26 [6].
(previously Sch),
heading
Sch 1
Am 1973 No 32, sec 3 (j).
(previously Sch)
Sch 2
Ins 2002 No 53, Sch 1.26 [7]. Am 2009 No 56, Sch 1.41 [2].
The whole Act Am 2002 No 53, Sch 1.26 [1] (“the Schedule” omitted wherever
(sec 5 excepted) occurring, “Schedule 1” inserted instead).
Page 20
Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)