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:

1.   Short title

This Act may be cited as the Theatre Royal Management Act 1986 .

2.   Commencement

(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.

3.   Interpretation

[Section 3 Amended by No. 5 of 1990, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –

[Section 3 Amended by No. 31 of 2006, s. 4, Applied:18 Dec 2006] appointed member means a member of the Board appointed under section 5(1)(a) or (b) ;

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 ;

[Section 3 Amended by No. 31 of 2006, s. 4, Applied:18 Dec 2006] member means a member of the Board;

Recorder of Titles means the Recorder of Titles appointed pursuant to section 4 of the Land Titles Act 1980 .

4.   Establishment of the Board

(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.

5.   Constitution of Board

[Section 5 Substituted by No. 31 of 2006, s. 5, Applied:18 Dec 2006]

(1)  The Board consists of 7 persons –

(a) one of whom is appointed by the Minister as Chairperson of the Board; and

(b) 5 of whom are persons, appointed by the Minister, with expertise relevant to the functions of the Board; and

(c) one of whom is the Secretary of the Department or his or her delegate.

(2)  An appointed member of the Board is appointed for the period, not exceeding 3 years, specified in his or her instrument of appointment.

(3)  An appointed member of the Board is eligible for re-appointment under subsection (2) .

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

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

5A.   Objectives of Board

[Section 5A Inserted by No. 31 of 2006, s. 5, Applied:18 Dec 2006] The Board has the following objectives:

(a) to enable the provision to the community of culturally enriching performing arts;

(b) to provide entertaining, educational or thought-provoking live performances;

(c) to promote the profile of the Theatre Royal as a contemporary and historic performing arts venue;

(d) to assist the development of local technical, production and performance skills;

(e) to operate the Theatre Royal as a venue for hire;

(f) to assist to define the strategic asset maintenance needs of the Theatre Royal in keeping with its heritage values.

6.   Powers and functions of 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) [Section 6 Amended by No. 31 of 2006, s. 6, Applied:18 Dec 2006] to enter into a contract or other arrangement with any organization or person in relation to the performance of its powers and functions;

(e) [Section 6 Amended by No. 31 of 2006, s. 6, Applied:18 Dec 2006] to develop strategic and business plans to meet the obligations of Australian and Tasmanian arts funding agencies;

(f) [Section 6 Amended by No. 31 of 2006, s. 6, Applied:18 Dec 2006] to enter into cooperative arrangements with production organisations and groups;

(g) [Section 6 Amended by No. 31 of 2006, s. 6, Applied:18 Dec 2006] to sublease parts of the Theatre Royal buildings;

(h) [Section 6 Amended by No. 31 of 2006, s. 6, Applied:18 Dec 2006] to hire a Chief Executive Officer with specified responsibilities and to hire and second staff as needed for the Theatre Royal.

7.   

[Section 7 Repealed by No. 31 of 2006, s. 7, Applied:18 Dec 2006]

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.

9.   

[Section 9 Repealed by No. 31 of 2006, s. 8, Applied:18 Dec 2006]

10.   Accounts

(1)  [Section 10 Subsection (1) amended by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] The Board shall cause to be kept proper accounts and records in relation to all its affairs and activities.

(2)  [Section 10 Subsection (2) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009] [Section 10 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 10 Subsection (2) substituted by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] The Board is to prepare and forward to the Auditor-General a copy of its financial statements for each financial year in accordance with the Audit Act 2008 .

(3)  [Section 10 Subsection (3) omitted by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] .  .  .  .  .  .  .  .  

(4)  [Section 10 Subsection (4) omitted by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] .  .  .  .  .  .  .  .  

11.   Annual report

(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) [Section 11 Subsection (2) amended by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] a copy of the financial statements prepared under section 10(2) 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.

13.   Stamp duty not payable

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 .

15.   

[Section 15 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 15 Repealed by No. 10 of 2016, s. 65, Applied:10 Jun 2016]

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 –

(a) books, documents, and other records relating to the affairs of the Theatre Royal Board; or

(b) the land described in Schedule 1 –

shall pass into the possession of the Board.

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 –

(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 –

the Minister may appoint a person to wind up the affairs of the Theatre Royal Board.

(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 Land

Section 12

All that land comprised in Certificate of Title Registered Volume 3590 Folio 71, together with the right of way set forth therein.

SCHEDULE 2 - Membership of Board

[Schedule 2 Inserted by No. 31 of 2006, s. 9, Applied:18 Dec 2006]

Section 5(4)

1.   Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of an appointed member; or

(b) accepting any remuneration payable to an appointed member.

2.   Remuneration of members

An appointed member is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Minister determines.

3.   Vacation of office

(1) An appointed member may resign from office by written notice addressed to the Minister.

(2) An appointed member vacates office when the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (3) or (4) .

(3) The Minister may remove an appointed member from office if the member –

(a) is absent from 2 consecutive meetings of the Board without the permission of the Board; or

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

(c) has been convicted in Tasmania of any crime or offence punishable by imprisonment for a term of 12 months or longer, or elsewhere of any crime or offence which, if committed in Tasmania, would be punishable by imprisonment for a term of 12 months or longer; or

(d) is convicted of an offence against this Act.

(4) The Minister may remove an appointed member from office if satisfied that the member is unable to perform adequately or competently the duties of office.

4.   Filling of vacancies

(1) If the office of an appointed member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.

(2) The Minister may appoint a suitable person to act as a substitute for an appointed member while that member –

(a) is unable for any reason to perform the functions of such a member; or

(b) is absent for any reason.

5.   Validity of proceedings

(1) An act or proceeding of the Board is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Board.

(2) An act or proceeding of the Board is valid even if –

(a) the appointment of an appointed member of the Board was defective; or

(b) a person appointed as an appointed member of the Board was disqualified from acting as, or incapable of being, such a member.

SCHEDULE 3 - Meetings of Board

[Schedule 3 Inserted by No. 31 of 2006, s. 9, Applied:18 Dec 2006]

Section 5(5)

1.   Convening of meetings

A meeting of the Board may be convened by the Chairperson or by any 2 members.

2.   Procedure at meetings

(1) The quorum at any meeting of the Board is 4 members.

(2) A meeting of the Board may only transact business if there is a quorum present.

(3) A question arising at a meeting of the Board is determined by a majority of votes of the members present and voting.

3.   Chairperson

(1) The Chairperson of the Board is to preside at all meetings of the Board.

(2) If the Chairperson of the Board is not present at a meeting of the Board, the members present are to elect one of their number to preside at that meeting.

(3) The person presiding at a meeting of the Board has a deliberative vote.

4.   Minutes

The Board is to keep accurate minutes of its meetings.

5.   Disclosure of interest

(1) A member is to disclose at a meeting of the Board any financial interest in a matter being considered by the Board.

(2) A disclosure of interest is to be recorded in the minutes of the meeting of the Board.

(3) Subject to subclause (4) , the member who made the disclosure must –

(a) not take part in any debate or vote in respect of the matter; and

(b) leave the meeting.

(4) The Board may allow a member to remain at a meeting if –

(a) the member is required to be present to make up a quorum; or

(b) the Board considers that the interest disclosed by the member is too remote to influence the debate or vote.

6.   General procedures

(1) Subject to this Schedule, the procedure for calling meetings of the Board and for the conduct of business at meetings of the Board is as determined by the Board.

(2) The Board may permit members to participate in a particular meeting by telephone or other means of communication.

(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.

(4) The Board may allow a person to attend a meeting for the purpose of advising or informing it on any matter.