Allport Library and Museum of Fine Arts Agreement Act 1966
An Act to approve an agreement with respect to the variation of certain of the trusts under the will of Henry Allport late of Hobart in this State, Solicitor, deceased, relating to the vesting and management of collections in the fields of literature and art, and to make provision for matters connected therewith
Whereas pursuant to the provisions of the will of Henry Allport late of Hobart in this State, Solicitor, deceased, the Government of this State accepted a bequest of the land and premises situated in Hobart and known as Cedar Court, together with certain collections in the fields of literature and art, upon the terms and conditions set forth in that will:
And whereas under that will the management of those collections and of the institution required by the will to be established and carried on at Cedar Court under the name of the Allport Library and Museum of Fine Arts was vested in the Tasmanian Library Board:
And whereas the Board has advised the Government of the State that, for the reasons recited in the agreement referred to in this Act, it is desirable to vary the provisions of the will:
And whereas the trustees of the will and the next of kin of the late Henry Allport concur in the advice so given by the Board and have requested the Government to seek the approval of Parliament to a variation of the trusts under the will, as set forth in that agreement:
And whereas on 7th September 1966 an agreement was entered into between the Chief Secretary of the first part, the trustees of the second part, the Tasmanian Library Board of the third part, and the next of kin of the fourth part with respect to the variation of the trusts under the will, as set forth in that agreement:
And whereas it is expedient that the agreement be approved:
Be it therefore 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:
This Act may be cited as the Allport Library and Museum of Fine Arts Agreement Act 1966 .
[Section 2 Amended by S.R. 1977 No. 321, s. 3 and Sched. 2 ][Section 2 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]In this Act –agreement means the agreement referred to in the preamble to this Act, a copy of which is set forth in the Schedule ;Board means the Tasmanian Library Advisory Board constituted under the Libraries Act 1984 ;trustees means the trustees of the will and codicil of Henry Allport, late of Hobart in this State, Solicitor, deceased;will means the will referred to in the preamble to this Act.
(1) The agreement is approved.(2) Notwithstanding any other law, such of the provisions of the agreement as authorize or require the doing of any act or thing by the trustees or the Board have effect as if they were expressly enacted in this Act.
4. Power to carry out the agreement
The trustees and the Board, respectively, may do all such acts and things as may be required or necessary for the carrying out of, and giving effect to, the agreement on the part of the trustees and the Board or for the exercise and performance of the powers, discretions, authorities, or duties conferred or imposed on them respectively by the agreement.
5. Trustees and Board to give effect to the will as nearly as possible
Subject to this Act and to the agreement, the trustees and the Board, respectively, shall give effect to the provisions of the will, so far as those provisions are applicable to the trustees and to the Board, as nearly as is practicable in order to effect the general purposes of those provisions.
[Section 6 Inserted by No. 23 of 2000, s. 4, Applied:16 Jun 2000] Notwithstanding the agreement, the Board may display in, or lend to, any institution out of Tasmania any item or items in the collection on a temporary basis.
SCHEDULE 1
