Theatre Royal Management Act 1986
An Act to establish a board to manage the Theatre Royal and to present and promote the performing arts
[Royal Assent 17 April 1986]
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:
This Act may be cited as the Theatre Royal Management Act 1986 .
(1) Subject to subsection (2) , this Act shall commence on the day on which it receives the Royal assent.(2) Section 18 (2) shall commence on a day to be fixed by proclamation.
[Section 3 Amended by No. 5 of 1990, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –Board means the Theatre Royal Management Board;Director-General means the Director-General of Lands appointed pursuant to section 7 of the Crown Lands Act 1976 ;Recorder of Titles means the Recorder of Titles appointed pursuant to section 4 of the Land Titles Act 1980 .
(1) There shall be established a board to be known as the Theatre Royal Management Board.(2) The Board shall be a body corporate with perpetual succession and a common seal.
(1) The Board shall consist of 7 persons appointed by the Minister, of whom –(a) one shall be appointed by reason of his experience and knowledge in relation to financial, business, and accounting matters;(b) one shall be appointed by reason of his experience and knowledge in relation to the law;(c) one shall be appointed by reason of his experience and knowledge in relation to commercial theatre;(d) one shall be appointed by reason of his experience and knowledge in relation to theatre subsidized by a government of a State, the government of the Commonwealth, or any other body;(e) one shall be appointed by reason of his experience and knowledge in relation to the technical aspects of presenting and producing theatrical performances;(f) two shall be appointed by the Minister by reason of their interest in and knowledge of the performing arts.(2) At least one member of the Board shall be a person who resides in the north of Tasmania.(3) The Minister shall appoint one of the members of the Board to be chairman of the Board.(4) Members of the Board shall be appointed for the periods not exceeding 3 years in any case, specified in their respective instruments of appointment.(5) A member of the Board is eligible for re-appointment under subsection (4) .
6. Powers and functions of the Board
The Board shall have the following powers and functions:(a) to manage and maintain the Theatre Royal as a place of theatre and performing arts;(b) to arrange for, organize, and promote performing arts in the Theatre Royal and other places in Tasmania;(c) to conduct business and trading activities connected with theatre and performing arts;(d) to enter into a contract or other arrangement with any organization or person in relation to the performance of its powers and functions.
7. Remuneration of Board members
A member of the Board may be paid travelling allowance and other allowances as determined by the Governor from time to time.
8. Board to report to Minister
(1) The Board shall submit a report to the Minister on the financial affairs and management of the Board and the Theatre Royal in respect of each quarter of the calendar year.(2) A report under subsection (1) shall be submitted to the Minister not later than one month after the end of the quarter to which it relates.
(1) The chairman of the Board, or, if he is absent or there is no chairman, another member chosen by those present at the meeting, shall preside at each meeting of the Board.(2) Five members of the Board constitute a quorum at any meeting of the Board.(3) The chairman or other person presiding at a meeting of the Board has a deliberative vote and, in the event of an equality of votes on any matter before a meeting of the Board, has a casting vote.(4) Subject to this Act, the Board may regulate its own proceedings.(5) The Board shall cause accurate minutes to be kept of the business conducted at meetings of the Board and shall submit a copy of those minutes to the Minister not later than 14 days after the day on which the meeting was held.
(1) The Board shall cause to be kept proper accounts and records in relation to all its affairs and activities and shall, as soon as practicable after 1st January and not later than 31st March in each year, prepare financial statements exhibiting a true and correct record of its financial position and activities with respect to the preceding calendar year.(2) [Section 10 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The accounts of the Board are subject to the Financial Management and Audit Act 1990 .(3) The Board shall keep its accounts in accordance with accrual accounting methods.(4) The Board shall prepare its accounts so as to deal with the Theatre Royal building, and the plant and equipment installed in that building, separately from its other assets and activities.
(1) The Board shall, not later than 31st March in each year, prepare a report of its affairs and activities for the preceding calendar year and submit the report to the Minister.(2) A report under subsection (1) shall include –(a) a copy of the financial statements prepared under section 10 (1) in respect of the calendar year to which the report relates; and(b) a copy of the Auditor-General's report with respect to those financial statements.(3) The Minister shall lay, or cause to be laid, before each House of Parliament a copy of a report submitted to him in accordance with subsection (1) within 14 sitting days of that House after the date on which he receives that report.
12. Revesting of land in the Crown
The area of land described in Schedule 1 reverts to and revests in the Crown freed and discharged from all estates and interests subsisting in any person.
The provisions of the Stamp Duties Act 1931 do not apply in respect of any instrument required in connection with, or arising out of, the vesting referred to in section 12 , nor is any other charge payable under law in relation to that vesting.
14. Creation of Folio of Register
On application by the Director-General, the Recorder of Titles shall, pursuant to the Land Titles Act 1980 , create a Folio of the Register in respect of that area of land reverting to and revesting in the Crown pursuant to section 12 .
(1) [Section 15 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Minister administering the Crown Lands Act 1976 shall lease the land described in Schedule 1 to the Board to enable that body to use the Theatre Royal for the presentation of theatrical performances and performing arts.(2) [Section 15 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The lease of the land described in Schedule 1 to the Board shall be on terms and conditions determined by the Minister administering the Crown Lands Act 1976 , following consultation with the Minister.
16. Possession of property to pass to Board
All property which is in the possession of the Theatre Royal Board and relates to the theatre and the presentation of performances, but not including –shall pass into the possession of the Board.(a) books, documents, and other records relating to the affairs of the Theatre Royal Board; or(b) the land described in Schedule 1 –
17. Minister may give directions
(1) The Minister may give directions to the Board with respect to the exercise or performance of its powers and functions.(2) A direction given by the Minister to the Board shall be laid before each House of Parliament within 14 sitting days of that House after the date on which the direction is given.
18. Repeal of Theatre Royal Act 1973 and dissolution of Theatre Royal Board
(1) Sections 4 (2) and 8 of the Theatre Royal Act 1973 are repealed.(2) The provisions of the Theatre Royal Act 1973 , other than sections 4 (2) and 8 , are repealed and the Theatre Royal Board is dissolved.
19. Books, documents, &c., to be delivered to the Board
On the dissolution of the Theatre Royal Board, or after the affairs of the Theatre Royal Board have been wound up by a person appointed under section 20 (1) , whichever is the later, all books, documents, and other records in the possession of the Theatre Royal Board, or of that person, which relate to the affairs of the Theatre Royal Board, shall be delivered to the Board.
20. Minister may appoint person to wind up affairs of Theatre Royal Board
(1) Where the Theatre Royal Board –the Minister may appoint a person to wind up the affairs of the Theatre Royal Board.(a) has been dissolved; or(b) is, in the opinion of the Minister, no longer capable of operating, whether by reason of the resignation of all or any of its members or for any other reason –(2) A person appointed under subsection (1) shall report to the Minister as soon as possible on the assets and liabilities of the Theatre Royal Board and on matters relating thereto.
21. Responsibility of Crown in relation to debts and claims
After a person appointed under section 20 (1) has reported to the Minister under section 20 (2) , the Crown, to the extent determined by the Treasurer, the Minister, and the Attorney-General –(a) may proceed to recover any debt, or enforce any claim, that was payable to or enforceable by the Theatre Royal Board, as if it were a debt or claim due to or enforceable by the Crown; and(b) may be liable for any debt or claim, that was payable by, or enforceable against, the Theatre Royal Board, as if it were a debt or claim payable by or enforceable against the Crown.
SCHEDULE 1 - Description of LandAll that land comprised in Certificate of Title Registered Volume 3590 Folio 71, together with the right of way set forth therein.