National Trust of Australia (Tasmania) Act 1975

National Trust of Australia (Tasmania) Act 1975

An Act to establish a body corporate to be known as the National Trust of Australia (Tasmania), to provide for the constitution and define the functions of that body, to provide for the transfer to that body of the assets and liabilities of an existing company of that name, to provide for the dissolution of that company, and to make provision for incidental and consequential matters

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:

PART I - Preliminary

1.   Short title and commencement

(1)  This Act may be cited as the National Trust of Australia (Tasmania) Act 1975 .

(2)  This Act shall commence on a date to be fixed by proclamation.

2.   Interpretation

[Section 2 Substituted by No. 53 of 1992, s. 4 ][Section 2 Substituted by No. 71 of 2004, s. 4, Applied:17 Dec 2004]

(1)  In this Act, unless the contrary intention appears –

Council means the Council of the Trust;

councillor means a member of the Council;

executive officer means the executive officer of the Trust;

member means a member of the Trust;

President means the President of the Trust;

region means a region referred to in section 7 ;

rules means rules made and in force under section 12A ;

Regional Committee means a Regional Committee of the Trust;

Trust means the National Trust of Australia (Tasmania) established under this Act.

(2)  If an Administrator is appointed under section 22  –

(a) the definition of "Council" includes the Administrator except in section 10 ; and

(b) the definition of "executive officer" includes the Administrator; and

(c) the definition of "Trust" includes the Administrator except in sections 3(2) ,  4 , 4A , 5 , 8 ,  12A(2)(a) and (b) ,  12A(3) and Schedule 1 .

PART II - [Part II Heading substituted by No. 53 of 1992, s. 5 ]The Trust, Regional Committees and the Council

Division 1 - [Part II, Div. 1 Heading inserted by No. 53 of 1992, s. 5 ]The Trust

3.   Establishment and objects of the National Trust of Australia (Tasmania)

(1)  There shall be established a body to be known as the National Trust of Australia (Tasmania).

(2)  The Trust shall be a body corporate with perpetual succession and a common seal.

(3)  [Section 3 Subsection (3) amended by No. 53 of 1992, s. 6 ]The Trust –

(a) may purchase, hold, lease, sub-lease, mortgage, exchange, dispose of or otherwise deal with real property; and

(b) may purchase, take on hire, hold, mortgage, charge, exchange, and dispose of personal property –

for the purposes of, and subject to, this Act.

(4)  The Trust is established with the objects of –

(a) promoting or ensuring the preservation and maintenance for the public benefit of places and objects of beauty or having an historical, scientific, artistic, or architectural interest;

(b) encouraging and promoting, among the public, knowledge of, interest in, and respect for those places and objects; and

(c) promoting or ensuring the provision and maintenance of amenities and services to facilitate the enjoyment by the public of any such places or objects.

(5)  References in subsection (4) to places shall be construed as including references to lands and to buildings, structures, and other works.

(6)  The Trust may take such measures as seem to it appropriate in the furtherance in this State of the objects referred to in subsection (4) or in assistance to any other organization in the furtherance of those objects elsewhere.

4.   Constitution and meetings of the Trust

(1)  [Section 4 Subsection (1) amended by No. 53 of 1992, s. 7 ]The members of the Trust shall be such persons, including an incorporated or unincorporated body of persons, as, in accordance with the rules, have been admitted as, and remain, members thereof.

(2)  The rules may provide for different classes or types of members.

(3)  [Section 4 Subsection (3) substituted by No. 53 of 1992, s. 7 ] Schedule 1 has effect with respect to meetings of the Trust.

(4)  [Section 4 Subsection (4) omitted by No. 53 of 1992, s. 7 ].  .  .  .  .  .  .  .  

(5)  [Section 4 Subsection (5) omitted by No. 53 of 1992, s. 7 ].  .  .  .  .  .  .  .  

(6)  [Section 4 Subsection (6) omitted by No. 53 of 1992, s. 7 ].  .  .  .  .  .  .  .  

(7)  [Section 4 Subsection (7) omitted by No. 53 of 1992, s. 7 ].  .  .  .  .  .  .  .  

4A.   Officers of the Trust

[Section 4A Inserted by No. 53 of 1992, s. 8 ]

(1)  There is to be a President of the Trust who is to be a member elected in accordance with the rules at the annual general meeting of the Trust.

(2)  The President holds office for one year.

(3)  The President is eligible for re-election but may not hold office as President for more than 3 consecutive years.

(4)  There is to be a treasurer of the Trust who is to be a member elected in accordance with the rules at the annual general meeting of the Trust.

(5)  The treasurer of the Trust holds office for one year and is eligible for re-election.

(6)  The President and the treasurer of the Trust may resign from office by notice in writing given to the executive officer.

(7)  If a person is not elected as treasurer of the Trust at an annual general meeting of the Trust or the position of treasurer of the Trust becomes vacant, the Council may appoint a person to be acting treasurer of the Trust.

(8)  The person appointed as acting treasurer of the Trust by the Council holds office until the next annual general meeting of the Trust.

(9)  Where a vacancy occurs in the office of President or treasurer of the Trust, the person appointed to fill the vacancy holds office for the remainder of the term of office of the President or treasurer of the Trust, as the case may be.

(10)  There is to be an executive officer of the Trust who is to be appointed by the Council.

(11)  The day-to-day affairs of the Trust are to be managed by the executive officer in accordance with the directions of the Council.

(12)  The executive officer may resign from office by notice in writing given to the President.

(13)  The Council may remove the executive officer from office.

(14)  References in this section to a year are to be construed as references to the period commencing at the conclusion of an annual general meeting of members of the Trust and ending at the conclusion of the next annual general meeting.

5.   Patrons of the Trust

[Section 5  Substituted by No. 53 of 1992, s. 10 ]

(1)  At the request of the Trust a person may become a patron of the Trust and a person becoming a patron of the Trust remains such as long as he desires to extend his patronage to the Trust.

(2)  No request shall be made under this section except in pursuance of a resolution in that behalf passed at a general meeting of the members of the Trust.

(3)  A patron is entitled to attend and speak at any general meeting of members of the Trust, but is not entitled as such to vote on any matter before the meeting.

6.   Common seal of the Trust

[Section 6  Substituted by No. 53 of 1992, s. 12 ]

(1)  The Council shall determine the form of the common seal of the Trust and it shall be kept in such manner as the Council determines.

(2)  [Section 6  Subsection (2) amended by No. 53 of 1992, s. 12 ]The common seal of the Trust shall not be used except upon the order of the Council.

(3)  [Section 6  Subsection (3) amended by No. 53 of 1992, s. 12 ]The use of the common seal shall be attested by the signatures of at least two members of the Council.

(4)  Judicial notice shall be taken of the common seal of the Trust, and, where it is affixed to any instrument, it shall be presumed, unless the contrary is shown, that it was duly so affixed and attested.

Division 2 - [Part II, Div. 2 Heading inserted by No. 53 of 1992, s. 13 ]Regional Committees

7.   Regions

[Section 7 Substituted by No. 53 of 1992, s. 13 ]For the purposes of this Act, the State is divided into 3 regions as prescribed by the rules.

8.   Regional Committees

[Section 8 Substituted by No. 53 of 1992, s. 13 ]

(1)  There is established in respect of each region a Regional Committee of the Trust.

(2)  Each Regional Committee consists of –

(a) a chairperson; and

(b) such number of members prescribed by the rules –

elected in accordance with the rules by members resident in that region.

(3)  A person may not be elected as chairperson or as a member of a Regional Committee unless the person is a member of the Trust and resides in the region for which the Regional Committee is established.

(4)  A Regional Committee has such functions and powers as may be prescribed by the rules.

Division 3 - [Part II, Div. 3 Heading inserted by No. 53 of 1992, s. 13 ]The Council

9.   Council

[Section 9 Substituted by No. 53 of 1992, s. 13 ]There is established a Council of the Trust.

10.   Constitution of the Council

[Section 10 Substituted by No. 53 of 1992, s. 13 ]

(1)  The Council consists of –

(a) the President, who is to be the chairperson of the Council; and

(b) the treasurer of the Trust; and

(c) the chairpersons of the Regional Committees; and

(d) 3 representatives from each region elected by the Regional Committee for the region; and

(e) the immediate past President of the Trust.

(2)  Schedule 2 has effect with respect to the membership of the Council.

(3)  Schedule 3 has effect with respect to meetings of the Council.

11.   Functions and powers of the Council

[Section 11 Substituted by No. 53 of 1992, s. 13 ]

(1)  The activities of the Trust and the business and management of the Trust is to be administered, managed and conducted by the Council.

(2)  The Council has and may exercise and perform the powers and functions that are conferred or imposed on it or the Trust by or under this Act or any other Act.

12.   Delegation by the Council

[Section 12 Substituted by No. 53 of 1992, s. 13 ]

(1)  The Council may in writing –

(a) delegate to any person any of its functions or powers other than this power of delegation; and

(b) revoke wholly or partly a delegation.

(2)  A delegation –

(a) may be made either generally or as otherwise provided by the instrument of delegation; and

(b) does not prevent the performance or exercise of a function or power by the Council.

(3)  A function or power performed or exercised by a delegate has the same effect as if performed or exercised by the Council.

Division 4 - [Part II, Div. 4 Heading inserted by No. 53 of 1992, s. 13 ]General

12A.   Rules

[Section 12A Inserted by No. 53 of 1992, s. 13 ]

(1)  Rules may be made for any purpose for which they may be made under any provision of this Act and generally for the regulation of the affairs, business and management of the Trust.

(2)  Without limiting the generality of subsection (1) , the rules may make provision for or with respect to all or any of the following matters:

(a) the convening, holding and conduct of meetings of the members of the Trust, the Council and the Regional Committees, including special conferences of members of the Trust;

(b) the quorum at any meeting of members of the Trust and the Regional Committees and the voting at those meetings (whether by post, proxy or otherwise);

(c) the election of the President and the treasurer of the Trust, the chairperson and members of Regional Committees and certain councillors;

(d) the appointment of a person to fill a vacancy in the office of President or treasurer of the Trust;

(e) the admission, resignation and expulsion of members;

(f) the subscriptions payable by, and the imposition of levies on, members and the recovery of any such subscriptions and levies;

(g) the duties of the President, treasurer of the Trust, executive officer and other officers of the Trust;

(h) the establishment, functions and operations of councillors and other bodies for the purpose of furthering the objects of the Trust.

(3)  Rules made under this section may be made at a general meeting of the Trust on the recommendation of the Council.

(4)  Where the Council proposes to recommend to the Trust the making or amendment of any rules, the Council must request the views of the Regional Committees on the proposed rule or amendment.

(5)  A Regional Committee must submit its views on the proposed rule or amendment to the Council within 30 days of the receipt of a request from the Council.

(6)  Section 47 of the Acts Interpretation Act 1931 does not apply to rules made under this section and any such rules are deemed not to be statutory rules within the meaning of the Rules Publication Act 1953 .

PART III - Supplementary Provisions with Respect to the Functions of the Trust

13.   Prohibition on payment of dividends, &c.

No dividend, bonus, or other profit shall at any time be paid out of the income or property of the Trust to any member in his capacity as such.

14.   Limitation on borrowing

[Section 14 Amended by No. 53 of 1992, s. 14 ]The Trust may –

(a) borrow any money; or

(b) mortgage any property, or charge it with the repayment of a loan.

15.   Investment of funds

(1)  [Section 15 Subsection (1) amended by No. 53 of 1992, s. 15 ]Subject to this Act, the funds of the Trust may be invested in such manner as the Treasurer approves.

(2)  Where any property is vested in the Trust otherwise than by way of purchase for valuable consideration, nothing in this section prevents the Trust from retaining the property in the form in which it became so vested.

(3)  Nothing in this section prevents the Trust from carrying out the terms of any trust upon which any property is held by the Trust.

16.   Audit

(1)  [Section 16 Subsection (1) amended by No. 53 of 1992, s. 16 ]The Financial Management and Audit Act 1990 applies in respect of the Trust as if the Council were a public body within the meaning of that Act and the accounts of the Trust were the accounts of the Executive.

(2)  [Section 16 Subsection (2) amended by No. 53 of 1992, s. 16 ]For the purposes of the Financial Management and Audit Act 1990 the officers of the Trust shall be deemed to be officers of the Council.

(3)  [Section 16 Subsection (3) amended by No. 53 of 1992, s. 16 ]Any liability arising under the Financial Management and Audit Act 1990 of the Council to pay any sum shall be deemed a liability of the Trust.

17.   Annual report and accounts

(1)  Before 30th September in each year the Trust shall cause to be submitted to the Minister –

(a) a report on the operations of the Trust during the period of 12 months ending on the previous 30th June; and

(b) a copy of the accounts of the Trust for that period.

(2)  The Minister shall lay before each House of Parliament a copy of any report or accounts submitted to him under this section.

18.   Gifts, &c.

(1)  The Trust may accept a devise, bequest, or gift of any property.

(2)  Any property accepted by the Trust may be accepted subject to any trust or condition the carrying out of which, or the compliance with which, would further the objects of the Trust.

(3)  The rule of law against perpetuities does not apply to any trust or condition referred to in subsection (2) subject to which any property is accepted by the Trust.

19.   Restrictive covenants on buildings of special historical and architectural interest

(1)  Where to do so would in the opinion of the Trust tend to the preservation of a building that is of special historic or architectural interest, or any part or feature of a building that is of such interest, any person having an estate in the land on which the building is situated may, by agreement with the Trust, enter into a covenant with the Trust restrictive of the user of that land.

(2)  Any covenant entered into by a person pursuant to subsection (1) is, subject to this section, enforceable against that person and any person deriving title under him in like manner and to the like extent as if that covenant were entered into by a fee simple owner for the benefit of adjacent land held by the Trust in fee simple that was capable of being benefited by the covenant and as if that adjacent land continued to be so held by the Trust.

(3)  Subject to this section, the Trust may, at any time, by agreement with the person against whom a covenant entered into under this section is enforceable, discharge the covenant or may agree to a variation of the covenant.

(4)  [Section 19 Subsection (4) amended by No. 19 of 1980, s. 171 and Sched. 1 ]Subject to subsection (5) , where the land subject to a covenant under this section is under the Land Titles Act 1980 , that Act and the Acts amending that Act have effect in relation to the covenant and the instrument creating it as if it were such a covenant as is referred to in section 102 of the Land Titles Act 1980 for the benefit of land not under that Act, and as if the Trust held an estate in fee simple in that land and was entitled wholly to discharge the covenant.

(5)  [Section 19 Subsection (5) amended by No. 19 of 1980, s. 171 and Sched. 1 ]Where a covenant is entered into under this section by the registered proprietor of a lease under the Land Titles Act 1980 in respect of which no certificate of title has been issued, the Recorder of Titles shall enter a notification of the instrument upon the memorandum of the lease burdened thereby.

(6)  [Section 19 Subsection (6) amended by No. 19 of 1980, s. 171 and Sched. 1 ]Where the land subject to a covenant under this section is not under the Land Titles Act 1980 , the covenant and any variation or discharge thereof shall be under seal and shall be deemed to be an instrument affecting that land within the meaning of that Act.

(7)  A covenant entered into by a leaseholder under this section shall (unless the instrument creating it contains a provision to the contrary) remain in force so long as the covenantor or any person deriving title under him other than a bona fide purchaser for value of the legal estate without notice of the covenant remains in possession of the land to which the covenant relates.

(8)  In this section, unless the contrary intention appears, lease includes an agreement for a lease and leaseholder includes a tenant under an agreement for a lease.

20.   Charges

(1)  [Section 20 Subsection (1) amended by No. 53 of 1992, s. 17 ]The Trust may make charges –

(a) for entry on to any lands or buildings vested in the Trust or of which under this Act the Trust has the control or management; and

(b) for the use of any conveniences, facilities, or services provided by the Trust.

(2)  Nothing in this section shall be construed as limiting the powers of the Trust under any other provision of this Act.

21.   By-laws

(1)  The Council may make by-laws with respect to the care, control, and management of the lands vested in, or under the control or management of, the Trust and, without prejudice to the generality of the foregoing provisions of this subsection, any such by-laws may make provision with respect to –

(a) the prevention of damage or injury to the lands or other things thereon;

(b) the prohibition or control of the removal of any property or other things therefrom;

(c) the preservation or protection of the fauna or flora of the lands, or of any living things kept thereon;

(d) the prohibition or control of the bringing into, or over, or the use or possession in or over, the lands of any conveyance or thing (including a living thing);

(e) the conduct of persons therein; and

(f) the exclusion or ejection of persons from the lands or any part thereof.

(2)  [Section 21 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]By-laws under this section –

(a) may apply generally to the lands referred to in subsection (1) , to any class or kind of those lands, or to any specified area of those lands; and

(b) may impose penalties, not exceeding 5 penalty units, in respect of contraventions of the by-laws.

(3)  By-laws made under this section shall be made under the common seal of the Trust and shall not have effect until they are confirmed by the Minister and published in the Gazette.

PART IV - Appointment, powers, &c., of Administrator

22.   Appointment of Administrator

[Section 22 Repealed by No. 53 of 1992, s. 18 ]

(1)  The Minister may, by instrument in writing, appoint an Administrator to administer the affairs, activities, business and management of the Trust if the Minister is satisfied that it is in the public interest for an Administrator to be appointed.

(2)  The term for which the Administrator is to be appointed is not to exceed 2 years.

(3)  A State Service officer or State Service employee may hold office as Administrator in conjunction with State Service employment.

23.   Functions and powers, &c., of Administrator

[Section 23 Repealed by No. 53 of 1992, s. 18 ]

(1)  On the appointment of an Administrator under section 22 , the Minister must serve on the Trust a copy of the instrument of appointment and, on the service of that instrument –

(a) the functions and powers of the Trust, the Council and the officers of the Trust are to be performed and exercised by the Administrator in the name and on behalf of the Trust or Council for the period specified in his or her instrument of appointment; and

(b) the members of the Council and the officers of the Trust cease to hold office; and

(c) the Administrator is to assume and be responsible for the management, and be responsible for the affairs, activities and business, of the Trust; and

(d) any delegation made by the Council ceases to have effect.

(2)  Subject to this section, an Administrator appointed under this section –

(a) as soon as practicable after his or her appointment, is to take into his or her custody or under his or her control all the property and things in action to which the Trust and Council is or appears to be entitled; and

(b) subject to and in accordance with any direction that may be given to the Administrator by the Minister, is to perform the functions and exercise the powers of the Trust and Council in such manner as the Administrator thinks fit.

(3)  Nothing contained in the rules limits the powers of an Administrator during the term of his or her office and the Administrator may perform his or her functions and exercise his or her powers notwithstanding anything contained in the rules.

(4)  During the period of administration of the Trust –

(a) the Administrator may seek advice from the President and the chairpersons of the Regional Committees; and

(b) the Minister is to consult with persons to ensure that appropriate provision is made for the future of the Trust; and

(c) the Administrator may take such action and do such things as the Administrator considers necessary to ensure the proper management of the affairs, activities and business of the Trust both during and after the period of administration.

(5)  In this section –

officers of the Trust means the executive officer and the treasurer of the Trust and any acting treasurer of the Trust.

24.   Provisions relating to office of Administrator

[Section 24 Repealed by No. 53 of 1992, s. 18 ]

(1)  An Administrator appointed under section 22 is taken to have vacated office if –

(a) he or she dies; or

(b) he or she becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration or estate for their benefit; or

(c) he or she is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for a term of 12 months or longer; or

(d) he or she resigns by written notice given to the Minister; or

(e) his or her appointment is revoked by the Minister under subsection (2) .

(2)  The Minister may revoke the appointment of an Administrator appointed under section 22 .

(3)  If the office of Administrator is taken to have been vacated under subsection (1) , the Minister may, by instrument in writing, appoint another person to fill the vacancy for the remainder of the Administrator's term of office.

(4)  An Administrator appointed under section 22 is to be paid such remuneration, allowances and expenses as the Minister may determine.

(5)  Notwithstanding subsection (4) , if a State Service officer or State Service employee is appointed as Administrator under section 22 , he or she is entitled to receive, by way of remuneration, allowances and expenses, such amounts as the Minister administering the State Service Act 2000 may determine.

25.   Expenses of administration

[Section 25 Inserted by No. 71 of 2004, s. 5, Applied:17 Dec 2004]

(1)  The expenses of and incidental to the administration of the affairs, activities, business and management of the Trust and Council by an Administrator appointed under section 22 are payable by the Trust.

(2)  The remuneration, allowances and expenses of an Administrator appointed under section 22 who is not a State Service officer or State Service employee are not expenses referred to in subsection (1) and are payable by the Crown.

(3)  If an Administrator appointed under section 22 is a State Service officer or State Service employee, the amount determined by the Minister administering the State Service Act 2000 in respect of the remuneration, allowances and expenses of the officer or employee is not an expense referred to in subsection (1) and is payable by the Crown.

26.   Liability for losses incurred during administration

[Section 26 Inserted by No. 71 of 2004, s. 5, Applied:17 Dec 2004] An Administrator appointed under section 22 does not incur legal liability for any loss incurred by the Trust or Council, or by the Administrator while acting in good faith in his or her capacity as Administrator, during his or her term of office unless the loss was attributable to –

(a) his or her wilful misconduct; or

(b) his or her gross negligence; or

(c) his or her wilful failure to comply with any provision of this Act.

SCHEDULE 1 - Provisions with Respect to Meetings of the Trust

Section 4

1.   Annual general meeting of Trust

(1) An annual general meeting of members of the Trust is to be held in accordance with the rules not later than 6 months after the end of each financial year.

(2) At least 14 days' notice of an annual general meeting of the Trust is to be given to members in accordance with the rules.

2.   Special general meeting of Trust

(1) A special general meeting of members of the Trust may be convened by the executive officer in accordance with the rules on receipt of a request from at least 20 financial members of the Trust.

(2) At least 14 days' notice of a special general meeting of the Trust is to be given to members in accordance with the rules.

3.   Special conference of Trust

(1) A special conference of members of the Trust may be convened by the Council by notice published, at least 14 days before the day on which the special conference is to be held, in a newsletter or other publication published on behalf of the Trust and in a daily newspaper circulating in each region.

(2) A notice referred to in subsection (1) is to indicate the reason for convening the special conference.

SCHEDULE 2 - Provisions with Respect to Membership of the Council

Section 10

1.   Term of office

(1) The councillors referred to in section 10 (1) (d) hold office, subject to subclause (2) , for 2 years and are eligible for re-election.

(2) With respect to the first elected councillors referred to in section 10 (1) (d) –

(a) 2 from each region are to retire on the day immediately preceding the first anniversary of their election; and

(b) one from each region is to retire on the day immediately preceding the second anniversary of his or her election; and

(c) the councillors who are to retire on the day immediately preceding the first anniversary of their election are to be determined by lot by their respective Regional Committees in such manner as the Regional Committee determines.

(3) Each Regional Committee must appoint a substitute councillor for each councillor elected by it and the substitute councillor may, with the approval of the chairperson of the Regional Committee, attend a meeting of the Council when the councillor for whom the substitute councillor is appointed as a substitute councillor is unable to attend.

(4) The chairperson of the Council must cause copies of all minutes of the Council to be provided to substitute members of the Council.

2.   Filling of vacancies

Where a vacancy occurs in the office of a councillor referred to in section 10 (1) (d) , the Regional Committee which elected that councillor may appoint a member resident in the region to fill the vacancy for the remainder of the term of office of that councillor.

3.   Age of councillors

A person is not entitled to hold office as a councillor unless the person has attained the age of 18 years.

4.   Resignation of councillor

A councillor referred to in section 10 (1) (d) may resign from office by written notice given to the executive officer.

5.   Removal from office of councillor

The Council may remove from office any councillor referred to in section 10 (1) (d) if –

(a) the Council is satisfied that the councillor has become incapable of performing the duties of a councillor; or

(b) the Council is satisfied that the councillor has misconducted himself or herself in the performance of the duties of a councillor; or

(c) the councillor has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his or her creditors; or

(d) the councillor has been convicted (whether in this State or elsewhere) of an offence of such a nature that, in the opinion of the Council, renders it improper for the councillor to continue to be a councillor; or

(e) without leave of the Council, the councillor has been absent from 3 or more consecutive meetings of the Council; or

(f) the councillor has ceased to reside in the region which the councillor is elected to represent.

6.   Validity of proceedings, &c.

(1) An act or proceeding of the Council or any person acting pursuant to a direction of the Council is not invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Council.

(2) All acts and proceedings of the Council or any person acting pursuant to any decision or direction of the Council are, notwithstanding the subsequent discovery of any defect in the election of any councillor or that any councillor was disqualified from acting as or incapable of being a councillor, as valid as if that councillor had been duly elected and was qualified to act as or capable of being a councillor and as if the Council had been duly and fully constituted.

(3) Where a councillor does or purports to do, or omits or purports to omit to do, any act or thing in good faith in the performance or exercise of any functions or powers under this Act or for the purpose of giving effect to the objects specified in section 3 (4) , the councillor is not to be personally subjected to any such action, liability, claim or demand in respect of that act or omission.

7.   Presumptions

In any proceedings by or against the Council, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Council; or

(b) a resolution of the Council; or

(c) the election of any member of the Council; or

(d) the presence of a quorum at any meeting of the Council.

SCHEDULE 3 - Provisions with Respect to Meetings of the Council

Section 10

1.   Convening of meetings of the Council

Meetings of the Council may be convened by the President or any 4 members of the Council.

2.   Procedure at meetings

(1) Ten members of the Council form a quorum at any duly convened meeting of the Council.

(2) Questions arising at a meeting of the Council are to be determined by a majority of votes of the members of the Council present and voting.

3.   Presiding member

(1) The President or, in the absence of the President, another member of the Council chosen by the members present, is to preside at a meeting of the Council.

(2) The person presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, has a casting vote.

4.   General procedure

The procedure for the calling of meetings of the Council and for the conduct of business of the Council at those meetings is, subject to this Act and the rules, to be determined by the Council.