Deed of Variation
NRMA-ACT Road Safety Trust

Dated 		6 April 2006		
Insurance Australia Limited
(Formerly NRMA Insurance Limited) (ACN 000 016 722) (“First Appointer”)

Australian Capital Territory (“Second Appointor”)

Professor Donald Alexander Aitkin
Dr Angus John McIntosh
Ms Kerry Patricia Fitzgerald
Ms Petrina Pauline Casey
Mr Hamish Murray McNulty
(“the Trustees”)

Mallesons Stephen Jaques
Level 9
St George Centre
60 Marcus Clarke Street
Canberra   ACT   2601
Australia
T +61 2 6217 6000
F +61 2 6217 6999
DX 5610 Canberra
www.mallesons.com

	Unauthorised version prepared by ACT Parliamentary Counsel's Office

Details	1
General terms	2
1	Variation by Trustees	2
2	Consent by Appointors	2
3	Counterparts	2
4	Interpretation	2
4.1	Dictionary	2
4.2	General terms	2
4.3	Headings	3
Signing page	4

Details
Interpretation – definitions are at the end of the General terms
Parties	First Appointer, Second Appointer and the Trustees	
First Appointer	Name	Insurance Australia Limited
(Formerly NRMA Insurance Limited)	
	ACN	000 016 722	
	Address	388 George Street, Sydney  NSW  2000	
Second Appointor	Name	Australian Capital Territory, a body politic established under section 7 of the Australian Capital Territory (Self-Government) Act 1988 Act 1988 of the Commonwealth.	
	Address	London Circuit, Canberra ACT  2601	
The Trustees	Name	Professor Donald Aitkin AO	
	Address	80 Banks Street, Yarralumla  ACT  2600	
	Name	Dr Angus John McIntosh OAM	
	Address	39 Ferguson Street, Deakin  ACT  2600	
	Name 	Ms Kerry Patricia Fitzgerald	
	Address	24 Conlan Crescent, Theodore  ACT  2905	
	Name	Ms Petrina Pauline Casey	
	Address	65 Pirrama Road,  Pyrmont  NSW  2009	
	Name	Mr Hamish Murray McNulty 	
	Address	12 Wattle Street, Lyneham  ACT  2602	

		
Recitals	A	The NRMA Road Safety Trust (the “Trust”) was established by deed on 17 July 1992 (the “Trust Deed”), for the principal object of enhancing road safety for the benefit of the ACT road-using community.	
	B	In August 2005 the Trust applied for endorsement from the Australian Taxation Office (“ATO”) as an income tax exempt charity.  The ATO granted the endorsement, but subject to the Trust Deed being amended to clarify the not-for-profit status of the Trust.	
	C	The Trustees have resolved to vary the Trust Deed to meet the requirements of the ATO, in the manner set out in this Deed of Variation and pursuant to subclauses 6.30 and 6.31 of the Trust Deed.	
	D	The Trustees have determined that the proposed variation to the Trust Deed is not contrary to subclause 6.31 of the Trust Deed.	
	E	The Appointors consent to the proposed variation of the Trust Deed, as set out in this Deed of Variation.	
Governing law	Australian Capital Territory	
Date of deed	See Signing page	

General terms
1	Variation by Trustees
The Trustees resolve to vary the Trust Deed by inserting into the Trust Deed the following Part 3A:
Part 3A
Use of Trust Fund
3A.1	The capital and income of the Trust shall be applied solely for the purposes of the Trust.
3A.2	No part of the Trust Fund can be distributed, directly or indirectly, to:
(a)	the Trustees; or
(b)	the Appointors; or
(c)	any Associate or Relative of the Trustees and Appointors,
except as bona fide compensation for goods or services rendered to the Trust or expenses incurred on behalf of the Trust.
2	Consent by Appointors
By executing this Deed, the Appointors each consent to the variation of the Trust Deed as described in this Deed.
3	Counterparts
This Deed may be executed in counterparts.  All counterparts when taken together are to be taken to constitute one instrument.
4	Interpretation
4.1	Dictionary
Capitalised terms used in this deed that are not defined in this deed, have the meanings given to them in the Trust Deed.
“Deed” and “Deed of Variation” both mean this deed.
4.2	General terms
Part 11 “Miscellaneous” of the Trust Deed should be regarded as set out in full in this deed, subject to all necessary modifications.
4.3	Headings
Headings (including those in brackets at the beginning of paragraphs) are for convenience only and do not affect the interpretation of this Deed of Variation.
EXECUTED as a deed

Signing page
DATED:____6 April 2006__________________ 

SIGNED, SEALED AND DELIVERED by ___________________ as Attorneys for INSURANCE AUSTRALIA LIMITED (formerly NRMA INSURANCE LIMITED) ACN 000 016 722 pursuant to Power of Attorney
Dated _9 March 2004______
Registered Number   Book 4419 No. 989
Without notice of revocation in the presence of:

	
Signature of Witness

    Sinead Sinnott	
Name of Witness (block letters)	)
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Signature of Power of Attorney

    FRANK GIORDANO	
Name (block letters)

	
Signature of Power of Attorney

    GLENN REVELL	
Name (block letters)	

SIGNED SEALED AND DELIVERED for and on behalf of the AUSTRALIAN CAPITAL TERRITORY in the presence of:

	
Signature of Witness

    Matthew Lawrence	
Name of Witness (block letters)	)
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Name of Authorised Person

    ANDREW BARR  MLA	
Name of Authorised Person / Position (block letters)	

SIGNED, SEALED AND DELIVERED by DONALD ALEXANDER AITKIN in the presence of:

	
Signature of witness

    E.J. WHEELER	
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Signature of DONALD ALEXANDER AITKIN	

SIGNED, SEALED AND DELIVERED by ANGUS JOHN McINTOSH in the presence of:

	
Signature of witness

    E.J. WHEELER	
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Signature of ANGUS JOHN McINTOSH	

SIGNED, SEALED AND DELIVERED by KERRY PATRICIA FITZGERALD in the presence of:

	
Signature of witness

    E.J. WHEELER	
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Signature of KERRY PATRICIA FITZGERALD	

SIGNED, SEALED AND DELIVERED by PETRINA PAULINE CASEY in the presence of:

	
Signature of witness

    MELANIE MONICO	
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Signature of 
PETRINA PAULINE CASEY	

SIGNED, SEALED AND DELIVERED by HAMISH MURRAY McNULTY in the presence of:

	
Signature of witness

    HELEN STRAVENS	
Name of witness (block letters)	)
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Signature of HAMISH MURRAY McNULTY