Sydney Opera House Trust Act 1961 No 9 - NSW Legislation

New South Wales

Sydney Opera House Trust Act 1961 No 9

Status information

Currency of version

Historical version for 9 July 2010 to 3 January 2013 (generated 9 January 2013 at 15:32). Legislation on the NSW legislation website is usually updated within 3 working days.

Provisions in forceAll the provisions displayed in this version of the legislation have commenced. For commencement and other details see the Historical notes.

Does not include amendments by:Statute Law (Miscellaneous Provisions) Act (No 2) 2012 No 95 (not commenced — to commence on 4.1.2013)

This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel’sOffice and published on the NSW legislation website.

Contents

New South Wales


Page1 Name of Act 22 Definitions 23 Constitution of Sydney Opera House Trust 24 Objects and functions of Trust 25 (Repealed) 36 Trustees 37 (Repealed) 48 Casual vacancies 49 Application of Public Sector Employment and Management Act

2002 510 Chairperson 511 Procedure of Trust and quorum 5

11A Transaction of business outside meetings or by telephone 512 Delegation to committees, and other persons 6

12A Disclosure of pecuniary interests 613 Allowances 7

Historical version for 9.7.2010 to 3.1.2013 (generated on 9.01.2013 at 15:32)


Contents

Page

14 Validity of acts and proceedings 715 Common seal 8

16, 17 (Repealed) 818 Gifts, endowments, bequests and devises 819 Sale or disposal of certain property 820 Statutory endowment 9

21–23 (Repealed) 924 Investment of funds of the Trust 925 Charges and admission fees 926 Hiring 10

26A, 27 (Repealed) 1028 By-laws 10

28A Trespassing at Opera House 1128B Trespassing at Opera House with intent 1128C Damage to Opera House 1228D Penalty for attempt 1228E Proceedings for offences 12

29 Savings and transitional provisions 12Schedule 1 Specific powers of the Trust 13Schedule 2 Savings and transitional provisions 15

NotesTable of amending instruments 16Table of amendments 18

Contents page 2



New South Wales

An Act to make provisions with respect to the management and administration of theSydney Opera House; to provide for the establishment and incorporation of TheSydney Opera House Trust and to define its powers, authorities, duties and functions;and for purposes connected therewith.


Sydney Opera House Trust Act 1961 No 9Section 1

1 Name of Act

This Act may be cited as the Sydney Opera House Trust Act 1961.

2 Definitions

(1) In this Act, unless the context or subject-matter otherwise indicates orrequires:By-laws means by-laws made under this Act.Opera House means the whole of the land comprised in Lot 4,Deposited Plan 787933, and Lot 5, Deposited Plan 775888, andincludes any building, work or fixture on that land.Trust means The Sydney Opera House Trust constituted andincorporated under this Act.Trustee means a member of the Trust.

(2) Notes included in this Act do not form part of this Act.

3 Constitution of Sydney Opera House Trust

(1) There shall be constituted under this Act a Sydney Opera House Trustwhich shall carry into effect the objects and purposes of this Act andshall have and may exercise the powers, authorities, duties andfunctions conferred or imposed on the Trust by or under this Act.

In the exercise and discharge of its powers, authorities, duties andfunctions the Trust shall, notwithstanding anything contained in thisAct, be subject to the control and direction of the Minister.

(2) The Trust shall be a body corporate under the name of “The SydneyOpera House Trust” with perpetual succession and a common seal, andshall, for the purposes and subject to the provisions of this Act, becapable by that name of suing and being sued, and of purchasing,holding, granting, demising, disposing of or otherwise dealing with realand personal property and of doing and suffering all such other acts andthings as bodies corporate may by law do and suffer.

(3) The Trust may acquire and hold by purchase, lease or otherwise any realor personal property and any rights or privileges which the Trust maythink necessary or convenient for its objects.

4 Objects and functions of Trust

(1) The Trust shall have the following objects and may exercise any or allof the following functions:(a) the administration, care, control, management and maintenance

of the Opera House,

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Sydney Opera House Trust Act 1961 No 9 Section 6

(b) the management and administration of the Opera House as atheatre, concert hall and place of assembly to be used as a placefor the presentation of any of the branches of the musical,operatic, dramatic, terpsichorean, visual or auditory arts or as ameeting place in respect of matters of international, national orlocal significance,

(c) the promotion of artistic taste and achievement in any of thebranches of the arts referred to in the foregoing provisions of thissubsection,

(d) scientific research into, and the encouragement of, new andimproved forms of entertainment and methods of presentation ofentertainment.

(2) In order that the Trust may attain any of its objects and effectively carryout any of its functions, it shall have power to do all such things as itmay deem incidental or conducive to the profitable and effectivecarrying out thereof.

(3) The Trust shall have in addition to any other powers conferred on it bythis Act the specific powers set out in Schedule 1.

(4) The mere enumeration of specific powers in Schedule 1 or theconferring upon the Trust of other specific powers by any other sectionof this Act shall not operate to limit the general powers conferred uponthe Trust by this section.

(5), (6) (Repealed)

(7) The Trust cannot employ any staff.Note. Staff may be employed under Chapter 1A of the Public SectorEmployment and Management Act 2002 in the Government Service to enablethe Trust to exercise its functions.

5 (Repealed)

6 Trustees

(1) The Trust is to consist of 10 members appointed by the Governor on thenomination of the Minister.

(2) The trustees must include at least 2 persons who have knowledge of, orexperience in, the performing arts.

(3) A trustee is to hold office for such period, not exceeding 3 years, as isspecified in the trustee’s instrument of appointment but is, subject tosubsection (4), eligible for re-appointment.

(4) A trustee is not to hold office for 4 consecutive terms.

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(5) On the occurrence of a vacancy in the office of a trustee otherwise thanby the expiration of the trustee’s term of appointment, the Governormay, on the nomination of the Minister, appoint a person to fill thevacant office for the residue of the term of office of his or herpredecessor.

(5A) For the purposes of subsection (4) only, an appointment undersubsection (5) does not constitute (and is taken never to haveconstituted) an appointment for a term of office.

(6) (Repealed)

7 (Repealed)

8 Casual vacancies

(1) A trustee shall be deemed to have vacated office if the trustee:(a) dies,(b) resigns office by writing under the trustee’s hand addressed to the

Governor,(c) becomes a mentally incapacitated person,(d) is absent from three consecutive ordinary meetings of the Trust

of which notice has been given to the trustee personally or in theordinary course of post and is not before the expiration of sixweeks after the last of such meetings excused by the Trust for hisor her absence from such meetings,

(e) is removed from office by the Governor,(f) accepts or continues to hold after appointment as a trustee:

(i) a position or employment with, or, whether in an honorarycapacity or otherwise, membership of, the board orcommittee of management of any corporation, society,authority, organisation or association which is a party orbecomes a party to a contract or arrangement with theTrust for the use or hire of the Opera House or any partthereof, or

(ii) a pecuniary interest or benefit whether direct or indirect inor from any contract or arrangement with the Trust for theuse or hire of the Opera House or any part thereof,

and the Minister in the circumstances of the case considers thatthe office of the trustee should become vacant.

(2) The Governor may, for any cause which appears to the Governor to besufficient, remove any trustee from office.

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9 Application of Public Sector Employment and Management Act 2002

(1) The Public Sector Employment and Management Act 2002 (other thanChapter 5) does not apply to or in respect of the appointment of atrustee.

(2) The office of a trustee is, for the purposes of the Constitution Act 1902,or any Act amending or replacing that Act, taken not to be an office orplace of profit under the Crown.

10 Chairperson

(1) The Chairperson of the Trust shall be such trustee as the Governor onthe nomination of the Minister may appoint as Chairperson.

(2) At every meeting of the Trust at which the Chairperson is present theChairperson shall preside. In the absence of the Chairperson from anymeeting of the Trust, the trustees present at the meeting shall select fromamongst their number a Chairperson to preside at that meeting.

11 Procedure of Trust and quorum

(1) The procedure for the calling of meetings of the Trust and the conductof business at such meetings shall, subject to any by-laws in relationthereto, be as determined by the trustees.

(2) Any 6 trustees shall be a quorum for the purposes of any meeting of theTrust.

(3) Any duly convened meeting of the Trust at which a quorum is presentshall be competent to transact any business of the Trust and shall haveand may exercise and perform all the powers, authorities, duties andfunctions by this Act conferred or imposed upon the Trust.

(4) A decision of the majority of trustees present at a meeting of the Trustshall be the decision of the Trust.

(5) The Chairperson or other the trustee presiding at any meeting of theTrust shall have a deliberative vote and, in the event of an equality ofvotes, a second or casting vote.

11A Transaction of business outside meetings or by telephone

(1) The Trust may, if it thinks fit, transact any of its business by thecirculation of papers among all the trustees for the time being, and aresolution in writing approved in writing by a majority of those trusteesis taken to be a decision of the Trust.

(2) The Trust may, if it thinks fit, transact any of its business at a meetingat which trustees (or some trustees) participate by telephone,closed-circuit television or other means, but only if any trustee whospeaks on a matter before the meeting can be heard by the other trustees.

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(3) For the purposes of:(a) the approval of a resolution under subsection (1), or(b) a meeting held in accordance with subsection (2),the Chairperson and each trustee have the same voting rights as theyhave at an ordinary meeting of the Trust.

(4) A resolution approved under subsection (1) is, subject to the by-laws, tobe recorded in the minutes of the meetings of the Trust.

(5) Papers may be circulated among the trustees for the purposes ofsubsection (1) by facsimile or other transmission of the information inthe papers concerned.

12 Delegation to committees, and other persons

(1) The Trust may establish such committees as it thinks fit for the purposeof assisting it to carry out its objects and functions under this Act.

(2) A person may be appointed to any such committee whether or not theperson is a member of the Trust.

(3) Any such committee may exercise such of the Trust’s powers,authorities, duties and functions as may be delegated to it by the Trust.

(4) Any member of staff of the Trust may exercise such of the Trust’spowers, authorities, duties and functions as may be delegated to themember of staff by the Trust.

(5) Notwithstanding any delegation made under this section, the Trust maycontinue to exercise and discharge any of the powers, authorities, dutiesand functions so delegated.

(6) The Trust may at any time revoke any such delegation, either wholly orin part.

12A Disclosure of pecuniary interests

(1) If:(a) a trustee has a direct or indirect pecuniary interest in a matter

being considered or about to be considered at a meeting of theTrust, and

(b) the interest appears to raise a conflict with the properperformance of the trustee’s duties in relation to the considerationof the matter,

the trustee must, as soon as possible after the relevant facts have cometo the trustee’s knowledge, disclose the nature of the interest at ameeting of the Trust.

(2) A disclosure by a trustee at a meeting of the Trust that the trustee:

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(a) is a member, or is in the employment, of a specified company orother body, or

(b) is a partner, or is in the employment, of a specified person, or(c) has some other specified interest relating to a specified company

or other body or to a specified person,is a sufficient disclosure of the nature of the interest in any matterrelating to that company or other body or to that person which may ariseafter the date of the disclosure and which is required to be disclosedunder subsection (1).

(3) Particulars of any disclosure made under this section must be recordedby the Trust in a book kept for the purpose and that book must be openat all reasonable hours to inspection by any person on payment of thefee determined by the Trust.

(4) After a trustee has disclosed the nature of an interest in any matter, thetrustee must not, unless the Trust otherwise determines:(a) be present during any deliberation of the Trust with respect to the

matter, or(b) take part in any decision of the Trust with respect to the matter.

(5) For the purposes of the making of a determination by the Trust undersubsection (4), a trustee who has a direct or indirect pecuniary interestin a matter to which the disclosure relates must not:(a) be present during any deliberation of the Trust for the purpose of

making the determination, or(b) take part in the making by the Trust of the determination.

(6) A contravention of this section does not invalidate any decision of theTrust.

(7) This section applies to a member of a committee of the Trust and thecommittee in the same way as it applies to a trustee of the Trust and theTrust.

13 Allowances

The trustees shall be entitled to receive allowances for conveyance andsubsistence in travelling to and from meetings of the Trust and upon thebusiness of the Trust, in such amounts or at such rates as may beprescribed by or under the by-laws.

14 Validity of acts and proceedings

(1) No act or proceeding of the Trust or of any person acting pursuant to anydirection of the Trust shall be invalidated or prejudiced by reason only

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of the fact that at the time when such act or proceeding was done, takenor commenced there was a vacancy in the office of any trustee.

(2) All acts and proceedings of the Trust or of any person acting pursuantto any direction of the Trust shall, notwithstanding the subsequentdiscovery of any defect in the appointment of any trustee, or that anysuch trustee was disqualified from acting as or incapable of being atrustee, be as valid as if such trustee had been duly appointed and wasqualified to act as or capable of being, and had acted as, a trustee and asif the Trust had been properly and fully constituted.

15 Common seal

(1) The common seal of the Trust shall be kept in the custody of theChairperson or such other trustee as the Trust may determine, and shallnot be affixed to any instrument or writing except upon resolution of theTrust.

(2) Every instrument to which the common seal is affixed shall be signedby two trustees and such other member of staff of the Trust as the Trustmay appoint.

(3) All courts, judges and persons acting judicially shall take judicial noticeof the common seal of the Trust, and shall presume that it was dulyaffixed.

16, 17 (Repealed)

18 Gifts, endowments, bequests and devises

(1) The Trust shall have power to acquire by gift inter vivos, endowment,bequest or devise, any property for any of the purposes of this Act, andto agree to the condition of any such gift, endowment, bequest or devise.

(2) The rule of law relating to perpetuities shall not apply to any suchcondition to which the Trust has agreed.

(3) The Duties Act 1997 does not apply to or in respect of any gift intervivos, endowment, bequest or devise made or to be made to the OperaHouse or the Trust.

19 Sale or disposal of certain property

(1) Where the Trust adjudges any real or personal property for the timebeing vested in the Trust to be unfit for or not required for its objects,the Trust may notwithstanding the terms of any trust affecting theproperty or of any arrangement or condition made or agreed to by theTrust at the time of its acquisition by the Trust:(a) sell the property or exchange it for any other property, or

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(b) dispose of without consideration or in the case of personalproperty destroy the property if the Trust adjudges it to be of nosalable value.

(1A) The proceeds of any sale under subsection (1) (a) are, after deductingthe costs of the sale (including incidental costs), to be held by the Trustfor the objects of the Trust.

(2) Any property sold or disposed of by way of exchange or otherwise bythe Trust purporting to exercise any of the powers conferred on theTrust by this section shall vest in the person acquiring it by virtue of thesale or other disposition freed and discharged from any trust,arrangement or condition relating to any sale or disposition of theproperty or to the use of the property to which the property was subjectin the hands of the Trust.

(3) No person acquiring any property from the Trust purporting to exerciseany of the powers conferred on the Trust by this section shall beconcerned to inquire whether a case has arisen to authorise the sale orother disposition of the property or whether the power was otherwiseproperly and regularly exercised or to see the application of anypurchase money paid to the Trust.

20 Statutory endowment

For the purpose of assisting the Trust in carrying out its objects, thereshall be paid by the Treasurer to the Trust such sum as Parliament mayapprove each year. Such sum shall be paid in such instalments as theTreasurer may approve.

21–23 (Repealed)

24 Investment of funds of the Trust

(1) The Trust may, subject to the provisions of any trust affecting its fundsor to any directions or restrictions attached thereto or imposed by thedonor thereof, from time to time invest any of its funds in anyinvestment in which a trustee may invest trust funds in accordance withthe Trustee Act 1925.

(2) The Trust may retain and hold any investments which may betransferred to it otherwise than by way of purchase notwithstanding thatsuch investments may not be of the nature authorised by subsection (1).

25 Charges and admission fees

(1) The Trust:(a) may by resolution from time to time fix the scale of charges and

admission fees to be made and levied by it for admission to the

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Opera House or any part of the Opera House at any time exceptduring a period when the Trust has granted the use of the OperaHouse or such part to any person pursuant to section 26, and

(b) may, except during any such period, demand, recover and receivesuch charges and admission fees from any person entering theOpera House or the part of the Opera House in respect of whicha charge or admission fee is payable.

(2) The scale of charges and admission fees to be made and levied foradmission to the Opera House or part of the Opera House may varyaccording to the days on which, the times at which, the function towhich, and the uses or purposes for which, admission is sought orallowed.

26 Hiring

The Trust may permit the Opera House or any part of the Opera Houseto be used by any person at such times and upon such terms andconditions and subject to payment to the Trust of such hiring charges asthe Trust may think fit and proper, or as may be prescribed by theby-laws, for or in connection with any purpose approved by the Trust.

26A, 27 (Repealed)

28 By-laws

(1) The Trust may make by-laws not inconsistent with this Act for and withrespect to:(a) the general management and control of the Opera House or any

part of the Opera House, including but without limiting thegenerality of the foregoing, by-laws for or with respect to:(i) the regulation of the use and enjoyment of the Opera

House,(ii) the leasing, letting or hiring of the Opera House,

(iii) the securing of decency and order at the Opera House,(iv) the removal of trespassers from the Opera House and of

other persons causing annoyance or inconvenience at theOpera House,

(v) the regulation or prevention of the taking of intoxicantsinto the Opera House, or the consuming of intoxicants atthe Opera House,

(vi) the regulation or prevention of the taking of animals intothe Opera House,

(vii) the regulation, control or prohibition of the parking ofvehicles on any land under the control of the Trust, the

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Sydney Opera House Trust Act 1961 No 9 Section 28A

making of charges for such parking, and the collecting andreceiving of such charges by the Trust or by other persons,

(viii) admission to the Opera House or any part of the OperaHouse, and the making and levying of charges oradmission fees, and the collecting and receiving of suchcharges and fees by the Trust or by other persons,

(b) regulating the affairs, business, management and meetings of theTrust and any committee thereof,

(c) (Repealed)(d) generally any matters necessary or convenient for carrying out or

giving effect to this Act.

(2) The by-laws may impose a penalty not exceeding 50 penalty units forany breach of the by-laws.

(2A) (Repealed)

(3) A by-law has no effect unless approved by the Governor.Note. Any by-law made by a person or body that requires the approval of theGovernor is a statutory rule for the purposes of the Interpretation Act 1987.Accordingly, it must be published on the NSW legislation website to come intoforce.

(4) (Repealed)

(5) A by-law shall not apply to a part of the Opera House which has notbeen specified in a notification under section 5 (2).

28A Trespassing at Opera House

A person who enters, or remains at, any part of the Opera House as atrespasser is guilty of an offence.Maximum penalty: 200 penalty units or imprisonment for 2 years, orboth.

28B Trespassing at Opera House with intent

A person who enters, or remains at, any part of the Opera House as atrespasser with intent to:(a) cause damage to the Opera House, or(b) seriously disrupt the operations of the Opera House, or(c) commit any offence punishable by imprisonment or arising under

the Summary Offences Act 1988,is guilty of an offence.Maximum penalty on indictment: imprisonment for 7 years.

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Sydney Opera House Trust Act 1961 No 9Section 28C

28C Damage to Opera House

A person who intentionally or recklessly damages the Opera House isguilty of an offence.Maximum penalty on indictment: imprisonment for 5 years.

28D Penalty for attempt

A person who attempts to commit an offence under section 28B or 28Cis liable to the penalty provided for the offence concerned.

28E Proceedings for offences

(1) Proceedings for an offence against this Act or the by-laws, exceptsections 28B and 28C, are to be dealt with summarily before the LocalCourt.

(2) Chapter 5 of the Criminal Procedure Act 1986 (which relates to thesummary disposal of certain indictable offences unless an election ismade to proceed on indictment) applies to and in respect of an offenceunder section 28B or 28C.

29 Savings and transitional provisions

Schedule 2 has effect.

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Sydney Opera House Trust Act 1961 No 9 Schedule 1

Schedule 1 Specific powers of the Trust

(Section 4 (3), (4))

(a) To use or arrange for the use of the Opera House for:(i) the presentation of grand opera and ballet, and orchestral,

instrumental, dramatic, choral and vocal concerts and recitals,(ii) the promotion and organisation of music, drama and dance

festivals and similar entertainments,(iii) the holding of conferences and meetings,(iv) performances, entertainments, displays, exhibitions, recitals,

lectures, film-screenings, broadcasts, telecasts and otherpurposes calculated, in the opinion of the Trust, to provide for thecultural welfare or education of the participants or audience.

(b) To engage and enter into contracts with artists, entertainers, lecturersand performers to appear at the Opera House and to pay them such feesand remuneration as may be agreed upon.

(c) In or in connection with the Opera House and any entertainment orgathering therein to carry on the businesses of licensed victuallers,refreshment purveyors, caterers, tobacconists and confectioners and anylike business.

(d) To give and contribute towards prizes, cups and other rewards or prizesfor competition at any entertainment or gathering held at the OperaHouse.

(e) To grant rights and privileges to licensed victuallers, caterers,tobacconists, confectioners and other vendors to sell their wares at theOpera House upon such terms and conditions and subject to thepayment of such charges as may be determined by the Trust.

(f) To install, use, work and maintain film cameras and projectors andbroadcasting and television apparatus, and to grant the right ofinstalling, using, working and maintaining the same at the Opera Houseupon such terms and conditions and subject to the payment of suchcharges as may be determined by the Trust.

(g) To print and publish or to arrange for the printing or publishing of plays,music, programmes, posters and advertisements and such otherpublications as the Trust may deem expedient and to acquire thecopyright therein.

(h) To register, purchase or apply for or otherwise acquire either wholly orin part any invention, copyright, trade or other mark or design, patent,

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Sydney Opera House Trust Act 1961 No 9Schedule 1

patent rights and privileges, licences, concessions or other like rightsconferring any exclusive or non-exclusive or limited right to use anymark, device, brand, process or invention which may seem capable ofbeing used in the exercise or in furtherance of any of the functions of theTrust or the acquisition of which may seem to be calculated directly orindirectly to benefit the Trust and to sell, dispose of, use, exercise anddevelop such rights or inventions or to grant licences or privileges inrespect thereof.

(i) To enter into any contract or arrangement with any person for thepurpose of promoting the objects of the Trust.

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Sydney Opera House Trust Act 1961 No 9 Schedule 2

Schedule 2 Savings and transitional provisions

(Section 29)

1 Initial term of office of additional trustee

(1) Despite section 6, the initial term of office of the additional trusteebegins and ends (subject to subclause (2) and section 8) on such datesas are specified for those purposes in the additional trustee’s instrumentof appointment.

(2) The initial term of office is not to exceed 3 years.

(3) In this clause, additional trustee means the trustee appointed inconsequence of the amendment made to section 6 by the Statute Law(Miscellaneous Provisions) Act 2002.

2 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2009

The amendment to section 6 (3) made by the Statute Law(Miscellaneous Provisions) Act 2009 does not affect the term of officethat a person holds as a trustee immediately before the amendment tookeffect.

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Sydney Opera House Trust Act 1961 No 9Notes

The following abbreviations are used in the Historical notes:Am amended LW legislation website Sch ScheduleCl clause No number Schs SchedulesCll clauses p page Sec sectionDiv Division pp pages Secs sectionsDivs Divisions Reg Regulation Subdiv SubdivisionGG Government Gazette Regs Regulations Subdivs SubdivisionsIns inserted Rep repealed Subst substituted

Historical notes

Table of amending instrumentsSydney Opera House Trust Act 1961 No 9. Assented to 14.3.1961. This Act has beenamended as follows:

1965 No 33 Decimal Currency Act 1965. Assented to 20.12.1965.Date of commencement of sec 4, 14.2.1966, secs 1 (3), 2 (1) and the Currency Act 1965 (Commonwealth), sec 2 (2).

1969 No 24 Sydney Opera House Trust (Amendment) Act 1969. Assented to 2.4.1969.Date of commencement, 1.5.1969, sec 1 (3) and GG No 51 of 24.4.1969, p 1490.

1972 No 43 Sydney Opera House (Amendment) Act 1972. Assented to 11.4.1972.

No 48 Reprints Act 1972. Assented to 9.10.1972.

1973 No 32 Sydney Opera House Trust (Amendment) Act 1973. Assented to 2.5.1973.Date of commencement, 19.4.1974, sec 2 and GG No 45 of 19.4.1974, p 1420. Amended by Statute Law (Miscellaneous Amendments) Act 1984 No 153. Assented to 10.12.1984.

1975 No 89 Sydney Opera House (Amendment) Act 1975. Assented to 10.12.1975.Date of commencement of sec 6, 8.3.1976, sec 2 (3) and GG No 15 of 30.1.1976, p 398.

1983 No 153 Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983. Assented to 29.12.1983.Date of commencement of Sch 2, 6.1.1984, sec 2 (2) and GG No 4 of 6.1.1984, p 19.

1985 No 191 Sydney Opera House Trust (Amendment) Act 1985. Assented to 10.12.1985.

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Sydney Opera House Trust Act 1961 No 9 Notes

1987 No 48 Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to 28.5.1987.Date of commencement of Sch 32, except as provided by sec 2 (13), 1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809.

1989 No 110 Cultural Institutions (Miscellaneous Amendments) Act 1989. Assented to 24.8.1989.Date of commencement, 6.10.1989, sec 2 and GG No 97 of 22.9.1989, p 7312.

No 132 Statute Law (Miscellaneous Provisions) (No 2) Act 1989. Assented to 5.9.1989.Date of commencement of the provisions of Sch 2 relating to the Sydney Opera House Trust Act 1961, assent, sec 2.

1990 No 15 Water Board (Amendment) Act 1990. Assented to 7.6.1990.Date of commencement, 15.6.1990, sec 2 and GG No 76 of 15.6.1990, p 4755.

1992 No 112 Statute Law (Penalties) Act 1992. Assented to 8.12.1992.Date of commencement, assent, sec 2.

1993 No 46 Statute Law (Miscellaneous Provisions) Act 1993. Assented to 15.6.1993.Date of commencement of the provision of Sch 1 relating to the Sydney Opera House Trust Act 1961, assent, Sch 1.

1996 No 24 Financial Institutions (Miscellaneous Amendments) Act 1996. Assented to 21.6.1996.Date of commencement, 12.7.1996, sec 2 and GG No 84 of 12.7.1996, p 3984.

No 121 Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996.Date of commencement of Sch 3, 3 months after assent, sec 2 (3).

1997 No 102 Trustee Amendment (Discretionary Investments) Act 1997. Assented to 25.11.1997.Date of commencement, 13.3.1998, sec 2 and GG No 52 of 13.3.1998, p 1381.

2001 No 121 Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001.Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978.

2002 No 53 Statute Law (Miscellaneous Provisions) Act 2002. Assented to 4.7.2002.Date of commencement of Sch 1.26, assent, sec 2 (2).


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This Act has also been amended:

(a) by a regulation under the Public Authorities (Financial Accommodation) Act 1981 No82 published in Gazette No 50 of 18.3.1983, p 1255, and

(b) pursuant to orders under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerlyActs Reprinting Act 1972). Order dated 22.6.1978, and published in Gazette No 73 of23.6.1978, p 2405, declaring that the Sydney Opera House Trust Act 1961 is anenactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act 1972 apply.

Table of amendmentsNo reference is made to certain amendments made by the Decimal Currency Act 1965, theReprints Act 1972, and Schedule 3 (amendments replacing gender-specific language) to theStatute Law (Miscellaneous Provisions) Act (No 2) 1996.

2004 No 49 Sydney Opera House Trust Amendment Act 2004. Assented to 6.7.2004.Date of commencement, 5.11.2004, sec 2 and GG No 174 of 5.11.2004, p 8351.


2006 No 2 Public Sector Employment Legislation Amendment Act 2006. Assented to 13.3.2006.Date of commencement, 17.3.2006, sec 2 and GG No 35 of 17.3.2006, p 1378.

No 120 Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006.Date of commencement of Sch 1, assent, sec 2 (2).

2007 No 27 Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007.Date of commencement of Sch 2, assent, sec 2 (2).

No 94 Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007.Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009.

2009 No 56 Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009.Date of commencement of Sch 1.41, 17.7.2009, sec 2 (2).

2010 No 59 Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010.Date of commencement of Sch 1.27, 9.7.2010, sec 2 (2).

Sec 2 Am 1973 No 32, sec 3 (a); 2006 No 120, Sch 1.31 [1]; 2007 No 27, Sch 2.54.

Sec 3 Am 1969 No 24, sec 2 (1) (a).

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Sydney Opera House Trust Act 1961 No 9 Notes

Sec 4 Am 1973 No 32, sec 3 (f); 1985 No 191, Sch 1 (1); 1989 No 132, Sch 2; 2006 No 2, Sch 4.69 [1]; 2006 No 120, Sch 1.31 [2].

Sec 5 Am 1969 No 24, sec 2 (1) (b); 1972 No 43, sec 3; 1973 No 32, sec 3 (c); 1985 No 191, Sch 1 (1) (2). Rep 2006 No 120, Sch 1.31 [3].

Sec 6 Subst 1969 No 24, sec 2 (1) (c); 1989 No 110, Sch 1. Am 2002 No 53, Sch 1.26 [2]; 2003 No 40, Sch 1.50 [1] [2]; 2009 No 56, Sch 1.41 [1].

Sec 7 Rep 1969 No 24, sec 2 (1) (d).

Sec 8 Am 1969 No 24, sec 2 (1) (e); 1973 No 32, sec 3 (d); 2002 No 53, Sch 1.26 [3].

Sec 9 Am 1989 No 132, Sch 2. Subst 2005 No 64, Sch 1.42 [1].

Sec 10 Subst 1969 No 24, sec 2 (1) (f). Am 1989 No 132, Sch 2.

Sec 11 Am 1969 No 24, sec 2 (1) (g); 1989 No 132, Sch 2; 2002 No 53, Sch 1.26 [4]; 2005 No 64, Sch 1.42 [2].

Sec 11A Ins 2005 No 64, Sch 1.42 [3]. Am 2010 No 59, Sch 1.27 [1].

Sec 12 Am 2004 No 49, Sch 2 [1] [2].

Sec 12A Ins 2006 No 120, Sch 1.31 [4].

Sec 15 Am 1989 No 132, Sch 2; 2004 No 49, Sch 2 [3].

Sec 16 Am 1989 No 132, Sch 2. Subst 2004 No 49, Sch 2 [4]. Rep 2006 No 2, Sch 4.69 [2].

Sec 17 Am 1973 No 32, sec 3 (e); 1975 No 89, sec 6 (2); 1996 No 24, Sch 1; 2004 No 49, Sch 2 [5]. Rep 2006 No 120, Sch 1.31 [5].

Sec 18 Am 1989 No 132, Sch 2; 2005 No 64, Sch 1.42 [4].

Sec 19 Am 2005 No 64, Sch 1.42 [5] [6].

Secs 21, 22 Rep GG No 50 of 18.3.1983, p 1255.

Sec 23 Subst 1983 No 153, Sch 2. Rep 2005 No 64, Sch 1.42 [7].

Sec 24 Am 1997 No 102, Sch 2.11.

Sec 25 Am 1973 No 32, sec 3 (f).

Sec 26 Am 1973 No 32, sec 3 (g).

Sec 26A Ins 1973 No 32, sec 3 (h). Am 1985 No 191, Sch 1 (3). Rep 1990 No 15, sec 4.

Sec 27 Rep 2005 No 64, Sch 1.42 [7].

Sec 28 Am 1969 No 24, sec 2 (1) (h); 1973 No 32, sec 3 (i) (am 1984 No 153, Sch 16); 1985 No 191, Sch 1 (1); 1987 No 48, Sch 32; 1989 No 132, Sch 2; 1992 No 112, Sch 1; 1993 No 46, Sch 1; 2001 No 121, Sch 2.194; 2004 No 49, Sch 2 [6] [7]; 2010 No 59, Sch 1.27 [2].

Secs 28A–28D Ins 2004 No 49, Sch 1.

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Sec 28E Ins 2004 No 49, Sch 1. Am 2007 No 94, Sch 2.

Sec 29 Ins 2002 No 53, Sch 1.26 [5].

Sch 1 (previously Sch), heading

Am 2002 No 53, Sch 1.26 [6].

Sch 1 (previously Sch)

Am 1973 No 32, sec 3 (j).

Sch 2 Ins 2002 No 53, Sch 1.26 [7]. Am 2009 No 56, Sch 1.41 [2].

The whole Act (sec 5 excepted)

Am 2002 No 53, Sch 1.26 [1] (“the Schedule” omitted wherever occurring, “Schedule 1” inserted instead).

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Sydney Opera House Trust Act 1961 No 9 - NSW Legislation

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