National Trust Act 2006

National Trust Act 2006

This Act may be cited as the National Trust Act 2006.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears –

Administrator means an Administrator appointed under section 43;

appointed director means a person appointed as an appointed director under section 12(3) or section 13;

Board means the Board of Directors of the Trust;

director means the managing director, an appointed director or an elected director;

elected director means a person – taken to be an elected director under section 12(4); or elected as an elected director under section 13;

initial Board means the initial Board of Directors referred to in section 12;

initial managing director means the person appointed as the initial managing director under section 12;

managing director means the initial managing director or the person appointed as managing director under section 14;

members of the Trust has the meaning given by section 8;

non-executive director means a director other than the managing director;

rules means rules made and in force under section 42;

special resolution means a resolution of the Board – passed at a meeting of the Board of which not less than 21 days’ written notice, specifying the intention to propose the resolution as a special resolution, has been duly given to all directors of the Board; and passed by a majority of not less than three-quarters of the directors of the Board present and entitled to vote at the meeting;

Trust means the National Trust of Australia (Tasmania) continued under section 4.

The National Trust of Australia (Tasmania), established under section 3 of the National Trust of Australia (Tasmania) Act 1975, is continued.

The Trust – is a body corporate with perpetual succession; and may sue and be sued in its corporate name.

The objects of the Trust are as follows:acquiring, promoting or ensuring the preservation and maintenance for the public benefit of places and objects of beauty or that have a historical, scientific, artistic, architectural or cultural interest; encouraging and promoting, among the public, knowledge of, interest in and respect for those places and objects; promoting or ensuring the provision and maintenance of amenities and services to facilitate the enjoyment by the public of those places or objects; protecting and preserving the natural features of, and conserving the fauna and flora on, any place referred to in paragraph (a) and acquired by, or under the control of, the Trust; encouraging and promoting public appreciation, knowledge and enjoyment of, respect for and interest in any land, buildings, works, structures or articles; cooperating with the Crown or with any corporation, body or society, either within or outside Tasmania, having objects wholly or substantially similar to the objects of the Trust, in promoting the objects of the corporation, body or society or the Trust.

A reference in subsection (1) to a place includes a reference to lands and to buildings, structures and other works.

The Trust has power to do all things necessary or convenient to be done in connection with carrying out its objects.

Without limiting the generality of subsection (1), the Trust may – acquire, hold, dispose of and otherwise deal with property; and borrow money either with or without security; and enter into any contract, including a contract with another person for the performance of any of its functions or powers jointly with that other person; and set charges, terms and conditions relating to work done, or services, goods or information supplied, by it; and do all other things that a body corporate may do and that are necessary for, or incidental to, the carrying out, or promotion, of its objects.

The Trust has a seal.

The Board is to determine the form of the seal of the Trust and it is to be kept in such manner as the Board determines.

The seal of the Trust must not be used except on the order of the Board.

The use of the seal must be attested by the signatures of at least 2 members of the Board.

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

A document requiring authentication by the Trust may be sufficiently authenticated without the seal of the Trust if it is signed by the Chairperson of the Board or the managing director, or by any member of the staff of the Trust authorised to do so by the Chairperson or the managing director.

The Trust is constituted by its members.

The members of the Trust are those persons, including an incorporated or unincorporated body of persons, who, in accordance with the rules, are financial members of the Trust.

The Trust –

is not the Crown; and does not have any status, privilege or immunity of the Crown.

The Board is to call an annual general meeting of members of the Trust in each calendar year for the following purposes:receiving the annual report and financial statements of the Trust from the Board; declaring the result of the election of directors and advising of the appointment of directors; performing other functions of the Trust which under this Act or the rules may be exercised only at an annual general meeting.

The annual general meeting is to be held in accordance with the rules not later than 4 months after the end of each financial year.

At least 21 days' notice of the annual general meeting of the Trust is to be given to members in accordance with the rules.

A special general meeting of members of the Trust may be convened by the managing director in accordance with the rules on receipt of a request from at least 10% of the financial members of the Trust.

At least 21 days' notice of a special general meeting of the Trust is to be given to members in accordance with the rules.