Perth Medical Centre Act 1966 (WA)

Western Australia Queen Elizabeth II Medical Centre Act 1966 Western Australia Queen Elizabeth II Medical Centre Act 1966 Contents 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Vesting of land 2 5. Excision of certain land for drainage or road purposes 3 6. Creation of reserve 3 7. Constitution of The Queen Elizabeth II Medical Centre Trust 4 8. Quorum 5 9. Vacancies 5 10. Meetings of Trust 6 11A. Holding meetings remotely 6 11B. Resolution without meeting 7 11. Use of common seal 7 12. Delegation 7 12A. Remuneration and allowances 7 13. Functions of Trust 8 13A. Additional land for reserve 14 14. Officers and employees 15 15. Application of Financial Management Act 2006 and Auditor General Act 2006 15 17. Indemnity 15 18. Power of Senate to apply fees and other money to reserve 15 19. Saving 16 20. By‑laws 16 21. Review of Act 21 Schedule — Medical centre land Part I — Original land Part II — Further land Notes Compilation table 23 Uncommenced provisions table 25 Other notes 25 Defined terms Western Australia Queen Elizabeth II Medical Centre Act 1966 An Act to enable a medical centre to be established at Hollywood by reserving certain lands therefor and constituting a body corporate for the development, management and control of those lands and for incidental and other purposes. 1. Short title This Act may be cited as the Queen Elizabeth II Medical Centre Act 1966. [Section 1 amended: No. 6 of 1977 s. 1.] 2. Commencement This Act shall come into operation on a date to be fixed by proclamation. 3. Terms used (1) In this Act, unless the contrary intention appears — medical centre includes the aggregate of any medical school, hospital and other place whatsoever built on the reserve wherein any form of diagnostic, therapeutic or rehabilitative treatment of patients is performed or given or medical education and research carried out and all clinics, dispensaries, outpatient departments, services, offices and undertakings maintained on the reserve in connection with or incidental to any such medical school, hospital or place; medical education includes the instruction of medical and dental students, nurses and students of any services ancillary to medical or dental treatment; member means a member of the Trust; reserve means the land reserved to Her Majesty pursuant to section 6 as The Queen Elizabeth II Medical Centre Reserve; Schedule means the Schedule to this Act; Senate means the Senate constituted pursuant to the University of Western Australia Act 1911; Trust means the body corporate constituted under this Act as The Queen Elizabeth II Medical Centre Trust. (1a) For the purposes of this Act the term medical centre in subsection (1) is deemed to include such facilities as are, in the opinion of the Trust, necessary and convenient for the purposes of enabling a coroner under the Coroners Act 1996 to exercise the jurisdiction of a coroner under that Act. (2) A reference to the Perth Medical Centre reserve, whether by use of that name or a similar or abbreviated form of that name, in any Act, regulation, rule, by‑law, proclamation, Order in Council, instrument, contract, or document shall, unless the context is such that it would be incorrect or inappropriate to do so, be read and construed as a reference to The Queen Elizabeth II Medical Centre Reserve. (3) A reference to the Perth Medical Centre Trust, whether by use of that name or a similar or abbreviated form of that name, in any Act, regulation, rule, by‑law, proclamation, Order in Council, instrument, contract, or document shall, unless the context is such that it would be incorrect or inappropriate to do so, be read and construed, as a reference to The Queen Elizabeth II Medical Centre Trust. [Section 3 amended: No. 6 of 1977 s. 3; No. 31 of 1991 s. 3; No. 2 of 1996 s. 61; No. 47 of 2011 s. 27.] 4. Vesting of land (1) On the coming into operation of this Act, the land described in Part I of the Schedule is hereby — (a) revested in Her Majesty as of Her former estate; and (b) removed from the operation of the Transfer of Land Act 1893. (2) The Governor may, on the recommendation of the Trust and the Senate, by Order in Council published in the Gazette, revest in Her Majesty, as of Her former estate, the land described in Part II of the Schedule. (3) On the publication of the Order in Council in the Gazette, the land shall thereupon be removed from the operation of the Transfer of Land Act 1893. [Section 4 amended: No. 19 of 2010 s. 51.] 5. Excision of certain land for drainage or road purposes The Governor may by Order in Council published in the Gazette, excise from the land described in Part I of the Schedule an area not exceeding 3 ha and may deal with, and dispose of, the land so excised for the purpose of drainage or roads, or both drainage and roads. [Section 5 amended: No. 2 of 1976 s. 2.] 6. Creation of reserve (1) The land described in Part I of the Schedule, less so much of it as may be excised pursuant to section 5, is hereby reserved for the purpose of establishing and maintaining thereon a medical centre and is classified as of Class "A" and shall be known as The Queen Elizabeth II Medical Centre Reserve. (2) The land described in Part II of the Schedule shall, if and when revested pursuant to section 4(2), be included in, and form part of, the reserve created under subsection (1). (3) Subject to this section, the land reserved pursuant to this section shall forever remain dedicated to the purpose for which it was so reserved, until by an Act it is otherwise enacted. [Section 6 amended: No. 6 of 1977 s. 4.] 7. Constitution of The Queen Elizabeth II Medical Centre Trust (1) For the purposes of this Act there shall be a body constituted as provided in this section. (2) The body corporate hitherto constituted under this Act by the name "Perth Medical Centre Trust" is preserved and continues in existence as a body corporate under and subject to the provisions of this Act by the name "The Queen Elizabeth II Medical Centre Trust", but so that the corporate identity of the body corporate and its rights and obligations are not affected. (3) The Trust shall consist of 5 members of whom — (a) one shall be a person appointed by the Governor on the written nomination of the Minister and the Senate, to hold office during the Governor's pleasure; and (b) 2 shall be persons appointed by the Governor on the written nomination of the Minister, to hold office during the Governor's pleasure; and (c) 2 shall be persons appointed by the Senate, to hold office during its pleasure. (4A) The member appointed pursuant to subsection (3)(a) shall be the chairman of the Trust and another member shall be appointed vice chairman thereof by the members from time to time. (4B) The vice chairman shall hold the office of vice chairman, subject to subsection (3), for a period of 2 years. (5) The Trust — (a) is a body corporate, with perpetual succession; (b) shall have a common seal; (c) is capable, subject to section 13, of acquiring, holding and disposing of real and personal property and of suing and being sued in its corporate name. (6) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Trust affixed to a document and shall presume that it was duly affixed. [Section 7 amended: No. 6 of 1977 s. 5; No. 59 of 1985 s. 3; No. 19 of 2010 s. 51.] 8. Quorum (1) Three members of the Trust constitute a quorum. (2A) For a quorum — (a) one member must be the chairman, or the vice chairman, of the Trust; and (b) one member must be appointed under section 7(3)(b); and (c) one member must be appointed under section 7(3)(c). (2) The Trust may function notwithstanding any vacancy in its membership, so long as a quorum remains. [Section 8 amended: No. 6 of 2013 s. 4.] 9. Vacancies (1) When a vacancy occurs in the office of member, the vacancy shall be filled by the appointment of a person to be a member, who shall be appointed in the same manner as the member in whose place he is appointed. (2) Where a member is absent on extended leave of more than one month, if the member was appointed by — (a) the Governor, he may appoint, on receipt of a similar written nomination as is required under section 7(3) in the case of the appointment of the member, a deputy to act in the place of that member during his absence on leave; or (b) the Senate, it may appoint a deputy to act during the absence on leave of the member. (3) Any deputy of a member while acting as such has all the powers and shall perform all the duties of the member for whom he is acting as deputy. 10. Meetings of Trust (1) The chairman of the Trust or if, for any reason, the chairman is unable to act, the vice chairman — (a) shall convene such meetings of the Trust as he considers necessary for the efficient conduct of its business; and (b) shall, on receipt of a written request by not less than 2 members, convene a meeting of the Trust. (2) The chairman of the Trust shall preside at all meetings of the Trust at which he is present. (3) In the event of the absence of the chairman from a meeting of the Trust, the vice chairman shall preside at that meeting. (4) All questions arising at a meeting of the Trust shall be decided by a majority of the votes of the members present and voting, and for this purpose the member presiding at the meeting has a deliberative vote. (5) In the event of an equality of votes on a resolution proposed at a meeting of the Trust, the member presiding at that meeting has a casting vote as well as a deliberative vote. (6) Subject to this Act, the Trust shall regulate its own procedure. 11A. Holding meetings remotely The presence of a person at a meeting of the Trust need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone or other means of instantaneous communication. [Section 11A inserted: No. 6 of 2013 s. 5.] 11B. Resolution without meeting A resolution in writing signed by each member or assented to by each member by letter, facsimile transmission, email or other written means has effect as if it had been passed at a meeting of the Trust. [Section 11B inserted: No. 6 of 2013 s. 5.] 11. Use of common seal The common seal of the Trust shall not be affixed to any document except at a meeting of the Trust and the execution of any document so sealed shall be attested by 2 members. 12. Delegation (1) The Trust may, either generally or in relation to a matter or class of matters, by writing under its seal, delegate to a committee of members or a committee of members and other persons, any of its powers under this Act, except this power of delegation. (2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation. (3) A delegation under this section is revocable at will and no delegation prevents the exercise of any power by the Trust. [Section 12 amended: No. 72 of 1973 s. 2.] 12A. Remuneration and allowances The Minister, on the recommendation of the Public Sector Commissioner, may determine from time to time the remuneration and allowances (if any) to be paid to — (a) a member; (b) a deputy of a member appointed under section 9(2); (c) a person who serves on a committee referred to in section 12(1). [Section 12A inserted: No. 6 of 2013 s. 6.] 13. Functions of Trust (1) Subject to this section, the functions of the Trust are to undertake the development, control and management of the reserve before and after the establishment thereon of a medical centre. (2) Subject to this section, the Trust has power to do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of its functions and the exercise of its powers under this Act. (2a) The Trust may by instrument published in the Gazette set aside, without the consent of the Governor but with the approval of the Minister, land being the whole or any part of the reserve (in this section called the site) for such purposes incidental to the medical centre as it thinks fit and, subject to this section, delegate in respect of the site to any person specified in that instrument (in this section called the delegate) all or any of its powers under this Act, other than — (a) this power of delegation; and (b) the power to borrow money conferred on the Trust by subsection (3A); and (c) the power to lease, mortgage, charge or otherwise deal with any land forming part of the reserve conferred on the Trust by subsection (6). (2b) The Trust shall not without the prior consent of the person concerned make a delegation under subsection (2a) to that person or amend such a delegation. (2c) Every instrument made under subsection (2a) and every instrument amending or revoking the delegation concerned shall come into operation on the day specified therein, not being a day prior to the day on which that instrument is published in the Gazette. (2d) Notwithstanding that the Trust has, under subsection (2a), delegated any powers referred to in that subsection in respect of the site, the Trust may give directions with respect to any development of the site which the delegate proposes to undertake in the exercise of any power delegated under that subsection, and the delegate shall give effect to any such direction. (2e) Whilst a setting aside and delegation under subsection (2a) are in force, the delegate — (a) shall for the purposes for which the site was set aside have all the powers delegated to the delegate under that subsection in respect of the site as if those powers had been conferred on the delegate by this Act; and (b) if the delegate has power under another Act to make regulations or by‑laws, may with the approval of the Governor given on the recommendation of the Trust make regulations or by‑laws, as the case requires, under this subsection in respect of the site for all or any of the purposes for which the Trust may under section 20 make by‑laws, including prescribing a fee for the use of the site for the purpose specified in the relevant instrument of delegation, as if references in that section to the Trust were references to the delegate, and section 20 shall apply to regulations or by‑laws made under this subsection as if those regulations or by‑laws were by‑laws made under that section. (2f) The delegate may require any person using the site to pay to the delegate a fee for any service provided on or in respect of the site by the delegate under any power delegated under subsection (2a). (2g) The delegate shall pay any moneys — (a) derived from the development, control and management of any land in respect of which the delegate exercises powers delegated under subsection (2a), including any moneys received in respect of penalties or modified penalties; or (b) received by way of fees paid — (i) under regulations or by‑laws made under subsection (2e)(b); or (ii) in compliance with a requirement made under subsection (2f); or (c) granted or lent to the delegate under subsection (2k); or (d) if the delegate is the board of the Sir Charles Gairdner Hospital, deemed to have been paid lawfully to or received lawfully by that board by virtue of section 9(1) of the Queen Elizabeth II Medical Centre Amendment Act 1985 1 and not applied within the meaning of section 9(2)(b) of that Act; or (e) other than moneys referred to in paragraphs (a), (b), (c) or (d), lawfully received by, made available to or payable to the delegate, into an account opened and maintained by the delegate in the name of the delegate followed by "(as delegate of The Queen Elizabeth II Medical Centre Trust)" at a bank approved by the Treasurer, and may invest temporarily any moneys standing to the credit of that account in such manner and in such categories of investment as are approved by the Treasurer until those moneys are required for use in accordance with subsection (2h). (2h) The delegate may use any moneys in the account maintained under subsection (2g), including interest derived from the investment of moneys under that subsection — (a) for the development, control and management of the site for any purpose for which the site was set aside; or (b) in the exercise of any power delegated to it under subsection (2a); or (c) for the repayment of any moneys lent to the delegate under subsection (2k) and for the payment of any interest or charges payable in respect of that lending. (2i) The delegate shall as soon as possible after 30 June in each year furnish to the Trust — (a) a report relating to the exercise during the year ended on that date by the delegate of the powers delegated to or conferred on the delegate by the Trust or by this section, as the case requires; and (b) such accounts, duly audited, as the Trust requires. (2j) For the purposes of subsections (2a) to (2h), a reference to a purpose shall be construed as including anything that is incidental to that purpose. (2k) The Trust may for the purpose of enabling the exercise of any power delegated under subsection (2a) make a grant of, or lend, moneys to the delegate on such terms and conditions as it thinks fit. (2l) On the revocation of a delegation made under subsection (2a) — (a) all personal property and every right or interest therein that immediately before that revocation was vested in the person to whom that delegation was made (in this subsection called the former delegate) in his capacity as the former delegate shall without any transfer or assignment pass to and become vested in the Trust; and (b) all rights, liabilities and obligations of the former delegate in his capacity as the former delegate that were in existence immediately before that revocation shall devolve on the Trust; and (c) all contracts, agreements and undertakings made by and with the former delegate in his capacity as the former delegate and having effect immediately before that revocation shall have effect as contracts, agreements and undertakings made by and with the Trust and may be enforced by or against the Trust accordingly; and (d) any legal or other proceedings or any remedies that might, but for that revocation, have been commenced or continued or available by or against or to the former delegate in his capacity as the former delegate may be commenced or continued, or shall be available, by or against or to the Trust, as the case requires; and (e) a reference to the former delegate in his capacity as the former delegate in — (i) a written law in force; or (ii) a document in existence, immediately before that revocation shall for the purposes of this subsection be construed as a reference to the Trust. (2m) The funds available for the purpose of enabling the Trust to perform its functions under this Act consist of — (a) all moneys received by the Trust from performing those functions; and (b) all moneys borrowed by the Trust under subsection (3A); and (c) the sums and funds referred to in subsection (5); and (d) the proceeds, and the income from any investment of the proceeds, referred to in subsection (7); and (e) any rents derived from land leased by the Trust; and (f) any other moneys lawfully received by, made available to or payable to the Trust. (2n) The funds referred to in subsection (2m) shall be paid into and placed to the credit of an account at a bank approved by the Treasurer to be known as the Queen Elizabeth II Medical Centre Trust Account. (2o) There shall be paid from the moneys from time to time in the account referred to in subsection (2n) — (a) interest on and repayments of money borrowed by the Trust under subsection (3A); and (b) grants or loans of moneys made under subsection (2k); and (ca) remuneration and allowances determined by the Minister under section 12A; and (c) all other expenditure lawfully incurred by the Trust in the performance of its functions under this Act. (3A) The Trust is empowered with the approval of the Governor to borrow money on such terms and conditions as the Treasurer approves for the purposes of giving effect to this Act. (3B) The Treasurer on behalf of the State is authorised to guarantee, on such terms and conditions as he thinks fit, repayment of any money borrowed by the Trust under subsection (3A) and the payment of interest thereon. (4) The Treasurer shall cause any money required for fulfilling any guarantee given by him pursuant to this section, to be charged to the Consolidated Account which is hereby to the necessary extent appropriated accordingly, and the Treasurer shall cause any sums received or recovered by him from the Trust or otherwise in respect of a sum so charged by the Treasurer to be credited to the Consolidated Account. (5) The Trust is empowered to employ in developing, controlling and managing the reserve any sums provided for those purposes by Parliament and any funds arising from profits, fees, penalties or otherwise, coming to the hands of the Trust in the course of developing, controlling and managing the reserve. (6) Subject to subsection (2a), the Trust shall not sell or, without the consent of the Governor, lease, mortgage, charge or otherwise deal with any land forming part of the reserve, but may, with such consent, from time to time, lease for a term not exceeding 99 years, mortgage, charge or grant easements over or under, any part of the reserve. (7) The Trust — (a) may accept any gift, devise or bequest of any property and may, subject to any trusts relating thereto apply the proceeds of the property in such manner as the Trust thinks fit in or towards the improvement of the medical centre or the extension of the objects for which it is established; or (b) may invest the proceeds as trust funds may be invested under Part III of the Trustees Act 1962, and the income of the investments shall be appropriated and used for the purposes of the medical centre. [Section 13 amended: No. 59 of 1985 s. 4; No. 98 of 1985 s. 3; No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 1 of 1997 s. 18; No. 77 of 2006 s. 4; No. 19 of 2010 s. 51; No. 6 of 2013 s. 7.] 13A. Additional land for reserve (1) The Governor may, on the recommendation of the Trust, by Order in Council published in the Gazette reserve for the purposes of the medical centre being established on the reserve any land specified in the Order in Council being land which has, from time to time, been acquired whether by purchase or otherwise, by the Trust. (2) On the publication of the Order in Council in the Gazette the land specified in the Order shall be — (a) revested in Her Majesty as of Her former estate; (b) removed from the operation of the Transfer of Land Act 1893; (c) included in and form part of the reserve and shall remain dedicated to the purpose for which it was so reserved, until by an Act it is otherwise enacted. [Section 13A inserted: No. 72 of 1973 s. 3.] 14. Officers and employees (1) The Trust may, on such terms and conditions of service or employment as the Trust may duly determine, appoint a secretary to the Trust or engage such employees as it thinks necessary for the purposes of this Act. (2) All persons so appointed or engaged shall hold their offices and continue in their employment during the pleasure of the Trust. 15. Application of Financial Management Act 2006 and Auditor General Act 2006 (1) The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Trust and its operations. (2) A copy of the annual report of the Trust shall be furnished to the Senate at the same time as it is submitted to the Minister. [Section 15 inserted: No. 98 of 1985 s. 3; amended: No. 77 of 2006 Sch. 1 cl. 141.] [16. Deleted: No. 11 of 2016 s. 301(4).] 17. Indemnity No action, claim or demand lies, or shall be commenced or allowed, by or in favour of any person against any member or in respect of any act, matter or thing done by any member in good faith in the exercise or purported exercise of any powers or functions under this Act or for the purpose of giving effect to the provisions or objects of this Act. 18. Power of Senate to apply fees and other money to reserve Notwithstanding section 38 of the University of Western Australia Act 1911, the Senate may apply fees or other moneys for or towards the purposes of the reserve. 19. Saving (1) Nothing in this Act, except as provided therein, affects or prejudices the provisions of the University of Western Australia Act 1911, the University Medical School, Teaching Hospitals, Act 1955, the Private Hospitals and Health Services Act 1927, the Health Services Act 2016, or the Cancer Council of Western Australia Act 1958 2. (2) The Parks and Reserves Act 1895 does not apply to the reserve. [Section 19 amended: No. 103 of 1994 s. 18; No. 11 of 2016 s. 301(5).] 20. By‑laws (1) The Trust may, with the approval of the Governor, make by‑laws providing for all matters affecting the development, control, management and good government of the reserve and the fulfilment of the purposes thereof and in particular for or in relation to — (a) keeping accounts of the receipts and expenditure of the Trust; (b) the conduct of persons frequenting the reserve; (c) preventing trespass upon the reserve. (1a) Without limiting the generality of subsection (1), the Trust may, with the approval of the Governor, make by‑laws regulating or prohibiting — (a) pedestrian traffic; and (b) the driving, use, standing or parking of vehicles on the reserve or any part thereof, and regulating the control, supervision and management of parking or standing areas, and in particular — (c) prescribing fees payable to the Trust by a person using, or in respect of a vehicle occupying, a parking or standing area and exempting any person or vehicle or class of person or class of vehicle from paying all or any of those fees; (d) providing for the sale of tickets, whether by means of vending machines or otherwise, entitling the holders of those tickets to park vehicles in parking areas or elsewhere within the reserve and for such periods and under such other terms and conditions as are specified; (e) providing for the issue of permits, whether on application to a specified person or otherwise, entitling the holders of those permits to park vehicles in parking areas or elsewhere in the reserve and for such periods and on such other terms and conditions as are specified, and for the circumstances in which any such permit may be amended, suspended or revoked by a specified person; (f) prescribing the manner in which tickets referred to in paragraph (d) and permits referred to in paragraph (e) are to be displayed, and the respective forms of those tickets and permits; (g) prescribing the terms and conditions under which and the period or periods of time during which a parking or standing area may be used or occupied; (h) providing for the protection of parking and standing areas and all equipment pertaining to them against misuse, damage, interference or attempted interference by any person; (i) regulating the parking and standing of vehicles in any parking or standing area and prohibiting any person from parking or standing any vehicle in a parking area or standing area otherwise than in accordance with by‑laws made under this subsection; (j) requiring persons in charge of vehicles or animals within the reserve to obey the orders and directions of specified persons or members of specified classes of persons given for the purpose of controlling traffic; (k) providing for the display, erection or marking of signs for the purposes of by‑laws made under this subsection; (l) prohibiting, or empowering the secretary to the Trust or any other specified person by the display, erection or marking of a sign referred to in paragraph (k) to prohibit — (i) the use of a parking area for a purpose other than a specified purpose; or (ii) the parking of a vehicle in a parking area by a person other than a specified person or a member of a specified class of persons; (m) exempting, or empowering the secretary to the Trust or any other specified person to exempt, any person or vehicle or class of person or class of vehicle from complying with any by‑law made under this subsection prohibiting or restricting the parking or standing of vehicles generally or otherwise; (n) prescribing the method and means by which any charges or modified penalties prescribed by any by‑law made under this subsection may or shall be paid and collected or recovered; (o) prescribing the circumstances under which an officer or servant of the Trust may remove a vehicle or cause it to be removed from a parking or standing area or from any other area within the reserve to a specified place, whether within the reserve or not, prescribing his further powers in relation thereto, prescribing the scale of fees to be paid to the Trust to recover the vehicle from that place, and authorising the Trust to hold the vehicle until the prescribed fees are paid to the Trust; (p) prohibiting the driving of vehicles in any part of the reserve at a speed in excess of that specified in respect of that part by a by‑law made under this subsection or by any sign referred to in paragraph (k); (q) prescribing, in respect of an alleged offence against any by‑law made under this subsection, the circumstances under which the owner of a vehicle is deemed to be the driver or person in charge of the vehicle at the time of that alleged offence; (r) prescribing the period of time within which a person, after being served with notice of an offence alleged to have been committed by him against any by‑law made under this subsection, may pay to the Trust the modified penalty prescribed for that offence, and the period within which a modified penalty is payable after receipt of notice; (s) prescribing the method of notifying a person alleged to have committed an offence against any by‑law made under this subsection of that alleged offence and how it may or shall be dealt with and prohibiting the removal by any person other than the driver of a vehicle in respect of which an offence against such a by‑law is alleged to have been committed of any notice relating to that offence affixed to the vehicle or left in or on the vehicle by an officer or servant of the Trust; (t) prescribing a modified penalty not exceeding $200 payable to the Trust by a person or one of a class of persons who does not contest an allegation that he committed a specified offence against a by‑law made under this subsection and providing that the due payment of a modified penalty is a defence to a charge of the offence in respect of which that modified penalty was paid. (1b) In subsection (1a) — specified means specified in by‑laws made under that subsection. (1c) Notwithstanding anything in subsection (1a), a person specified in by‑laws made under that subsection who considers that an alleged specified offence against those by‑laws cannot adequately be punished by the payment of a modified penalty may cause payment of a modified penalty in respect of that offence not to be accepted and may cause proceedings to be taken against the alleged offender in respect of that offence. (1d) Without limiting the generality of subsection (1), the Trust may, with the approval of the Governor, make by‑laws enabling — (a) control measures to be taken with respect to vandalism, ingress, egress, security, trespass, hawkers, vending machines, the presence of animals and bill posting; and (b) the provision of pathways, roadways, kerbing, signs, landscaping, lighting, sewerage and drainage; and (c) the maintenance of gardens, grounds and equipment; and (d) the removal of litter and refuse, in, to or from, as the case requires, the reserve. (1e) A by‑law made under this section does not take away, restrict or otherwise affect any liability, civil or criminal, arising at common law or under any written law other than this Act. (2) The Trust may, by by‑law, impose a penalty of $200 for any breach of the by‑laws made under this section. (3) Notwithstanding any other Act but subject to this Act, all pecuniary penalties imposed for offences against the by‑laws shall, when paid, go to the use of the Trust for the purposes of this Act. (4) Proceedings for an offence against the by‑laws may be taken on behalf of the Trust by any person specified in the by‑laws for the purpose in the name of the Trust and any such person taking those proceedings shall be reimbursed out of the funds of the Trust for all damages or reasonable expenses which he may incur or for which he may become liable by reason of taking those proceedings. [Section 20 amended: No. 6 of 1977 s. 6; No. 59 of 1985 s. 7; No. 6 of 2013 s. 8.]