Schools of Arts (Winding Up and Transfer) Act Amendment Act 1981 (Qld)

Schools of Arts (Winding Up and Transfer) Act Amendment Act 1981

An Act to amend the Schools of Arts (Winding Up and Transfer) Act 1960 in certain particulars and for other purposes

1 Short title This Act may be cited as the Schools of Arts (Winding Up and Transfer) Act Amendment Act 1981.

4 Ratification of certain takeovers of schools of arts or libraries Where before the passing of this Act a local authority has taken over a school of arts or library otherwise than in accordance with the law in force at the material time applicable to such a taking over— (a) such taking over shall be deemed to be and to have been at all material times lawful and effectual in law to vest in or place under the control of the local authority all property that at the time of such taking over was being applied to the purposes of such School of Arts or library to the same extent and with the same consequences as if the taking over had been by way of an order in council made under the Schools of Arts (Winding Up and Transfer) Act 1960, section 7(3); and (b) every exercise in good faith by a local authority, in relation to property vested in it by virtue of such a taking over, of any right that is or was at the material time incidental in the ownership of such property, save an exercise that contravened any provision relevant to such property of the Land Act 1962, part 11 or that Act as amended at the time of such exercise or any other enactment that at the time of the exercise regulated the use of land granted in trust or reserved and set apart for a public purpose, shall be deemed to be or, as the case may be, to have been at all times a lawful exercise of such right; and (c) it shall be deemed that the trustees of property vested in a local authority by virtue of such a taking over have not committed any breach of the trusts upon and subject to which such property was vested in or held by them by reason of their procuring, aiding or permitting such taking over or exercise of such right; and (d) it is not competent to any person to bring legal proceedings claiming any remedy or relief on account of any act, matter or thing deemed to be lawful or not to be a breach of trust by virtue of paragraphs (a) to (c); and (e) the local authority is required to apply and authorised to dispose of land and other property vested in it or under its control by virtue of such a taking over as if the land or other property had vested in it or come under its control as a result of an order in council made under the Schools of Arts (Winding Up and Transfer) Act 1960, section 7(3).