Victorian Arts Centre Act 1979

This Act may be cited as the Victorian Arts Centre Act 1979.

This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

the Victorian Arts Centre Building Committee shall go out of office;

the Trust shall become and be the successor in law of the Victorian Arts Centre Building Committee;

the Trust shall have all the rights powers and duties conferred or imposed upon the Victorian Arts Centre Building Committee and shall be subject to all the liabilities responsibilities and obligations imposed upon or conferred by the said Committee before that day;

all property vested in the Victorian Arts Centre Building Committee shall be vested in the Trust;

every donation gift disposition and trust of property including money lawfully made or declared or deemed to have been made or declared whether before or after the commencement of this Act by deed will or otherwise to or in favour of the Victorian Arts Centre Building Committee or for the use or purposes thereof shall take effect as if the same had in respect of each particular item of property comprised in such donation gift disposition or trust been made or declared to or in favour of or for the use or purposes of the Trust;

any reference to the Victorian Arts Centre Building Committee in any other Act or any proclamation Order in Council regulation by‑law order legal or other proceeding instrument or document shall be deemed and taken to refer to the Trust;

all acts matters and things of a continuing nature made done or commenced by or on behalf of the Victorian Arts Centre Building Committee before that day which are of any force or effect or capable of acquiring any force or effect shall be deemed or taken to be made done or commenced by or in relation to or on behalf of the Trust and shall have effect and may be continued and completed by or on behalf of or in relation to the Trust accordingly;

any amounts standing to the credit of the Victorian Arts Centre Building Committee Trust Fund shall be transferred to an account to be called the Victorian Arts Centre Trust Account.

the land shown as Parcel A on the plan numbered LEGL./00–04 lodged in the Central Plan Office; and

the land contained in Crown grant Volume 9205 Folio 760; and

the buildings and improvements erected on that land;

all performing arts material in the public performing arts museum vested in the Trust and accepted for the State collection by the Trust; and

all performing arts material acquired and accepted for the State collection by the Trust; and

all donations, gifts, dispositions and trusts of property, real or personal, other than money, lawfully made or declared whether before or after the commencement of the Arts Legislation (Amendment) Act 2000 by deed, will or otherwise to or in favour of the Trust or for the uses or purposes of the Trust and accepted for the State collection by the Trust.

vested in the Trust and accepted for the public art collection by the Trust; or

acquired and accepted for the public art collection by the Trust; or

given or bequeathed to the Trust or held on trust by the Trust, whether before or after the commencement of the Victorian Arts Centre (Amendment) Act 2001, by deed, will or otherwise to or in favour of the Trust or for the uses or purposes of the Trust, and accepted for the public art collection by the Trust.

There shall be established a body corporate by the name of the Victorian Arts Centre Trust which shall have perpetual succession and a common seal and shall be capable in law of suing and of being sued and of taking purchasing holding demising selling transferring conveying mortgaging or otherwise disposing of real and personal property for the purposes of and subject to this Act and of being and suffering all acts matters and things which bodies corporate may by law do and suffer.

Subject to the general direction and control of the Minister the Trust shall be responsible for the management of the Centre.

The functions of the Trust are—

to control, manage, operate, promote, develop and maintain the Centre; and

to present and produce theatrical performances, operas, plays, dramas, ballets and musical and other performances and entertainment of any kind at any place; and

to promote the use of the theatres, concert hall and other places of assembly by suitable persons and bodies; and

to provide leadership in the promotion and development of the performing arts; and

to ensure the maintenance, conservation, development and promotion of the State collection of performing arts material; and

to oversee the exhibition of performing arts material from the State collection and make any performing arts material from the State collection available on loan to persons or institutions; and

to establish, maintain, conserve, develop, promote and exhibit the public art collection; and

to make any object from the public art collection available for study or loan to persons or institutions, subject to any conditions that the Trust determines; and

to carry on, whether within or outside Victoria, whether alone or in association with any other person or persons and whether or not in relation to the Centre, a business of providing ticketing, inventory management of admissions, marketing and related services; and

to perform any other functions appropriate to the Centre as the Minister may approve; and

to carry out any other function conferred on the Trust under this Act.

In carrying out its functions, the Trust must endeavour to contribute to the enrichment of the cultural, educational, social and economic life of the people of Victoria.

The Trust has power to do all things necessary or convenient to be done for or in connexion with the performance of its functions.

Without limiting the generality of subsection (1) the powers of the Trust include power—

to purchase or take or hire or to accept on deposit or loan any personal property for use in or in connexion with the Centre;

subject to Part 3, to grant leases of or licences to use any part of the Centre;

to grant leases of or licences to use any other land of the Trust;

to carry on in the Centre or to enter into contracts or arrangements with any person to carry on any business which in the opinion of the Trust will improve the facilities and amenities of the Centre.

to be a member of a body corporate, association, partnership, trust or other body;

to form, or participate in the formation of, a body corporate, association, partnership, trust or other body;

to enter into a joint venture with another person or other persons;

to do all things necessary or convenient to be done for, or in connection with, a joint venture in the performance of the functions of the Trust;

to acquire and install any equipment or apparatus which in the opinion of the Trust improves the facilities of the Centre;

to apply for and hold any licence or permit under the Liquor Control Reform Act 1998 or any other Act;

to register, purchase or apply for or otherwise acquire either wholly or in part any invention, copyright, trade-mark or other mark or design, patent, patent rights and privileges, licences, concessions or other like rights which in the opinion of the Trust will be of assistance to the Trust in carrying out its functions and to sell, dispose of, use, exercise and develop such rights or inventions or to grant licences or privileges in respect thereof;

to enter into any contracts, agreements or arrangements with—

the Council of Trustees of the National Gallery of Victoria constituted under the National Gallery of Victoria Act 1966; or

any other person or body, whether corporate or unincorporate—

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 within the areas under its control upon such terms and conditions and subject to the payment of such charges as may be determined by the Trust;

to print or reproduce in any manner or form and to publish or to arrange for the printing or reproduction or publishing of plays, music, programmes, posters and advertisements and such other material as the Trust may deem expedient and to acquire the copyright therein;

to commission plays, compositions, musicals, ballets, operas or other works;

to purchase and operate or let on hire theatre, cinema or other equipment;

to establish and operate a public performing arts museum;

to establish and operate a public art gallery;

to take on lease any land which in the opinion of the Trust is required to facilitate the carrying out of its functions under this Act;

to accept appointment as a committee of management of Crown lands;

to solicit and accept and to hold and administer gifts, bequests or devises of money, securities or other property of whatsoever character for the purposes of carrying out its functions, and with the approval of the Treasurer to sell or exchange or invest or re-invest such moneys, securities or other property in such investments as the Treasurer may from time to time determine; and

to do all things necessary or convenient to be done in connexion with, or as incidental to, the performance of its objects.

The Trust may with the approval of the Treasurer and subject to such terms, conditions and limits as the Treasurer imposes—

borrow moneys from any authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth by way of overdraft; and

obtain temporary financial accommodation secured or arranged in such manner and for such period as the Treasurer in each particular case approves.

The Trust may borrow money from any institution person or body approved by the Treasurer on such terms and conditions as are approved by the Treasurer from time to time and give to any such institution person or body security for money so borrowed in such form as the Treasurer approves in each particular case.

The Treasurer with the approval of the Governor in Council may execute in favour of any institution person or body lending money to the Trust a guarantee for the repayment thereof and may in addition guarantee the payment of any interest charges and expenses chargeable by the creditor against the Trust and the expenses of enforcing or obtaining or endeavouring to enforce or obtain payment of the debt guaranteed and those interest charges and expenses.

Where the Trust obtains temporary financial accommodation under this section without a guarantee being executed under subsection (3) in favour of the institution person or body lending the money the due repayment or satisfaction of the moneys borrowed and the due payment of any interest or other charges payable thereon is hereby guaranteed by the Government of Victoria.

Any sums required by the Treasurer of Victoria in fulfilling any guarantee given by this Act shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the said Treasurer from the Trust or otherwise in respect of any sums so paid by the Treasurer shall be paid into the Consolidated Fund.

Before a guarantee is given by the Treasurer under this section the Trust shall give to the Treasurer such securities as the Treasurer requires and shall execute all such instruments as are necessary for that purpose.

The Trust shall apply and use all moneys borrowed under the power conferred by this section for the purposes of carrying this Act into effect.

The Trust shall consist of nine members appointed by the Governor in Council, of whom—

one shall be a person representing the interests of the arts training industry;

one shall be a person resident more than 40 kilometres from the Melbourne General Post Office who is actively associated with the promotion of the arts outside the metropolitan area; and

7 shall be appointed to represent the interests of the public generally in the carrying out of the functions of the Trust.

Subject to this Act, a member of the Trust shall hold office for such term (not exceeding three years) as is specified in the instrument by which he or she is appointed and shall, subject to subsections (2A) and (3), be eligible for re‑appointment.

A person who has been a member of the Trust for 9 consecutive years ceases to hold office and is not eligible for re-appointment unless—

the person is, or immediately before the expiry of the ninth consecutive year the person was, the President; or

a period of 3 years or more has elapsed since the person last was a member of the Trust.

The office of any member of the Trust shall become vacant—

at the expiration of his or her term of office;

if the member dies;

if he or she is incapable of continuing as a member;

if the member 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 estate for the benefit of his or her creditors;

if the member resigns by writing under his or her hand addressed to the Governor in Council;

if without leave granted by the President the member fails to attend four successive meetings of the Trust;

if the member is removed from office by the Governor in Council.

Where any leave granted to a member by the President exceeds three consecutive meetings the Trust shall notify the Minister of the granting of the leave.