Brisbane Trades Hall Management Act 1984

This Act may be cited as the Brisbane Trades Hall Management Act 1984.

[repealed]

In this Act—

Edward Street property means—

all that piece of land situate in the county of Stanley parish of North Brisbane containing an area of 28p and described as allotment 2 of section 64 and being the whole of the land contained in certificate of title 596462 volume 2920 folio 202; and

all that piece of land situate in the county of Stanley parish of North Brisbane containing an area of 27.12p and described as allotment 3 of section 64 and being the whole of the land contained in certificate of title 596461 volume 2920 folio 201;

together with all improvements thereon.

Peel Street property means—

—

all that piece of land situate in the county of Stanley parish of South Brisbane containing an area of 18p and described as subdivision 1 of allotment 10 of section 15 and being the whole of the land contained in certificate of title volume 2475 folio 50; and

all that piece of land situate in the county of Stanley parish of South Brisbane containing an area of 14.07p and described as resubdivision 9 of subdivision 2 of allotment 10 of section 15 on plan catalogue no. 89153 together with easement number 642363 and being the whole of the land contained in certificate of title volume 3387 folio 40; and

all that piece of land situate in the county of Stanley parish of South Brisbane containing an area of 36p and described as allotment 9 of section 15 and being the whole of the land contained in certificate of title volume 1965 folio 172;

together with all improvements thereon, or, as the case requires—

such interest in the above described lands and the improvements thereon as may from time to time be held by the trustees pursuant to the schedule of trusts contained in part 3, schedule.

Notwithstanding the provisions of the Trades And Labour Hall Management Act 1934 and of the schedule of trusts relating to the Edward Street property contained in the preamble to that Act, and any other law—

it is lawful and is deemed always to have been lawful for the trustees as defined under that Act, with the consent of the Governor in Council, to sell the Edward Street property freed and discharged from all trusts (if any) to which it is subject;

all moneys realised by the sale of the Edward Street property shall be applied by those trustees firstly in payment of the reasonable expenses of and attending the sale, secondly in payment of any mortgage debt over the said property and, subject thereto, shall be paid to the trustees within the meaning of part 3 for payment towards the purchase price of the Peel Street property in accordance with the relevant provisions of this Act and the receipt in writing of the lastmentioned trustees shall be a full and sufficient discharge for such moneys and the firstmentioned trustees shall not be required to see to the application or be affected by the misapplication or nonapplication of those moneys;

it is lawful for the trustees of the Edward Street property, from time to time, to mortgage that property to any person to secure the repayment of moneys raised by the trustees not exceeding a total amount of $2200000 and interest and charges thereon for the purpose of the purchase of the Peel Street property;

the Governor in Council may, at the request of the trustees of the Edward Street property, from time to time amend the trusts specified in the Schedule of Trust relating to that property and thereupon the trusts as amended shall deemed to be the trusts upon which that property is held for the time being.

In this part—

board of management means the body presently known as the Trades and Labor Council (or the executive of the council when the executive is acting for or on behalf of the council in accordance with the rules hereinafter mentioned), which council consists of representatives of such unions as may be for the time being or from time to time may be affiliated with such council for the purposes laid down in the rules of the said the Trades and Labor Council, which rules shall be filed as hereinafter provided.

trustees means Thomas Stephen Burton, Harry Hauenschild, Neal David Kane and Frederick William Whitby and their successors in whom the Peel Street property shall for the time being be vested pursuant to the nomination of trustees to be executed in accordance with the schedule of trusts contained in the schedule, and the abovementioned trustees and each of them presently in office shall be and be deemed to be and to have always been lawfully and duly appointed as trustees or trustee accordingly.

It is lawful and is deemed always to have been lawful—

for the trustees to receive moneys from the trustees of the Edward Street property pursuant to section 4; and

for those moneys to become and remain vested in the trustees for the purpose of the purchase of the Peel Street property to be used in part as the Brisbane trades hall and for other purposes authorised by this Act and for no other purposes; and

to execute any agreements or contracts in relation to the purchase referred to in subparagraph (b).

Subject to this Act, upon the transfer of the Peel Street property to the trustees, that property shall be held by the trustees upon the trusts set out in the schedule and for no other purposes and those trusts shall not be terminated without the prior consent in writing of the Governor in Council.

Where the trusts upon which the Peel Street property is held are terminated for any reason, the trustees shall forthwith pay to the Crown a sum of money that is equal to twenty-eight fifty-fifths of the sum of money obtained by adding together—

the sale price of the Edward Street property on the date that is, in the opinion of the Governor in Council, the date of settlement of the relevant sale; and

the sum of money that represents any increase, as determined by the valuer-general in the value of the unimproved lands that form part of the Edward Street property, that occurs between the date of settlement referred to in paragraph (a) and the date that, in the opinion of the Governor in Council, is the date of termination of the trusts;

and this section, according to its terms, shall constitute a charge on the said property.

The sale of the whole or a part or parts of the Peel Street property in accordance with the provisions of this Act, by the trustees, shall not constitute a breach of trust by the trustees and no action or suit shall lie against the trustees in respect of such sale.

Notwithstanding the provisions of this Act, it shall not be competent to the trustees to sell or lease part or parts only of the Peel Street property unless as a consequence of such sale or leasing an area of the improvements on such land that constitutes, in the opinion of the Governor in Council, not less than 51% of the commercially useable floor space in those improvements remains vested in or, as the case may be, in the exclusive possession of the trustees.

The Governor in Council may, at the request of the trustees, from time to time, amend the trusts specified in the schedule of trusts contained in the schedule and thereupon the trusts as amended shall be deemed to be the trusts contained in the schedule for the time being.

The Governor in Council may in the event of the death, resignation or other removal from office of the trustees, or any of them appoint a new trustee or new trustees.