{"id":"tas:act-1954-057","name":"Boy Scouts Association Act 1954","slug":"boy-scouts-association-act-1954","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"57 of 1954","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110473,"registerId":"tas-act-1954-057-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Boy Scouts Association Act 1954](/view/html/inforce/2026-04-12/act-1954-057) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> > (1)  *\\[Section 2 Subsection (1) amended by No. 51 of 1972, s. 2 \\]*In this Act, unless the contrary intention appears –\n> > \n> > > ***Branch*** means the Scout Association of Australia, Tasmanian Branch;\n> > \n> > > ***constitution*** means the instrument by which powers are delegated by the Association to the Branch, and includes the rules and regulations of the Branch that are approved by the Association and under which the Branch acts for the time being;\n> > \n> > > ***corporation*** means the body corporate created by this Act;\n> > \n> > > ***Executive Committee*** means the Executive Committee appointed under the constitution;\n> > \n> > > ***Royal Charter*** means the Royal Charter mentioned in the preamble to this Act;\n> > \n> > > ***sponsored group*** means a group that is registered with the corporation as a sponsored group by any organization approved by the Association or the corporation;\n> > \n> > > ***sponsoring authority*** means the person or committee appointed by an organization to exercise its functions in respect of a group that is registered as a sponsored group.\n> \n> > (2)  *\\[Section 2 Subsection (2) added by No. 51 of 1972, s. 2 \\]*In the constitution and any other instrument including any rules and regulations of the Branch that have been approved by the Association any reference to the Boy Scouts Association, Tasmanian Branch shall be deemed to include a reference to the Scout Association of Australia, Tasmanian Branch.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Incorporation of the State Council of the Association","content":"### 3 Incorporation of the State Council of the Association\n\n> > (1)  The persons who, at the commencement of this Act, are holding office as members of the State Council are, by force of this section, created a body corporate, and the members for the time being of the State Council holding office after the commencement of this Act shall continue to be a body corporate, by the name of the Boy Scouts Association, Tasmanian Branch.\n> \n> > (1A)  *\\[Section 3 Subsection (1A) inserted by No. 51 of 1972, s. 3 \\]*Notwithstanding [subsection (1)](#GS3@Gs1@EN) , from the commencement of this subsection the body corporate created by that subsection shall be known by the name of the Scout Association of Australia, Tasmanian Branch.\n> \n> > (2)  The corporation has perpetual succession and may have and use a common seal.\n> \n> > (3)  The corporation –\n> > \n> > > > (a) may sue and be sued in its corporate name;\n> > > \n> > > > (b) may, in its corporate name, purchase, take on lease, hold, mortgage, and exchange, and lease, sell, or otherwise dispose of, real property and personal property;\n> > > \n> > > > (c) may invest, in investments authorized by law for the investment of trust funds, any moneys of the corporation;\n> > > \n> > > > (d) may borrow money either upon security or otherwise, and issue debentures;\n> > > \n> > > > (e) may lend any of the moneys of the corporation to such persons, for such purposes, and upon such terms and conditions, as it may think best calculated to promote the objects of the Association;\n> > > \n> > > > (f) may erect, maintain, and improve such buildings, and purchase or hire such machinery, plant, and equipment, as it may think best calculated to promote the objects of the Association; and\n> > > \n> > > > (g) may do and suffer all such other acts and things as bodies corporate may by law do and suffer.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Copies of Royal Charter and constitution to be registered","content":"### 4 Copies of Royal Charter and constitution to be registered\n\n> *\\[Section 4 Substituted by No. 9 of 1982, s. 7 and Sched. 10 \\]*\n> \n> > (1)  If, after the commencement of [Schedule 10 to the](/view/html/inforce/2026-04-12/act-1982-009#JS10@EN) [Companies and Securities Legislation (Miscellaneous Amendments) Act 1982](/view/html/inforce/2026-04-12/act-1982-009) –\n> > \n> > > > (a) any new, amended, or supplementary Royal Charter is granted to the Association or the corporation;\n> > > \n> > > > (b) any new constitution is adopted; or\n> > > \n> > > > (c) any amendment is made to the constitution –\n> > \n> > the corporation shall, as soon as practicable (but in no case more than 6 months after the granting of that Charter, adoption of that constitution, or making of that amendment) cause to be deposited with the Commissioner for Corporate Affairs a copy, certified under the common seal of the corporation, of that Royal Charter, new constitution, or amendment.\n> \n> > (2)  On receipt of any document required by [subsection (1)](#GS4@Gs1@EN) to be deposited with him, the Commissioner for Corporate Affairs shall register the document as if it were the articles of association of a company or an amendment to the articles of association of a company, as the case may be.\n> \n> > (3)  Where, immediately before the commencement of [Schedule 10 to the](/view/html/inforce/2026-04-12/act-1982-009#JS10@EN) [Companies and Securities Legislation (Miscellaneous Amendments) Act 1982](/view/html/inforce/2026-04-12/act-1982-009) , a copy of the Royal Charter or the constitution was deposited with the Commissioner for Corporate Affairs, that Royal Charter or constitution shall, until replaced, subject to any amendment made to it and to any supplementary Royal Charter, continue to have the same effect as if that Schedule had not commenced.\n> \n> > (4)  For the purposes of [subsection (3)](#GS4@Gs3@EN) , where the Royal Charter or constitution has been replaced or amended or a supplementary Royal Charter has been granted to the Association, the reference in that subsection to the Royal Charter or constitution deposited with the Commissioner for Corporate Affairs is a reference to the Royal Charter or constitution last deposited with him before the commencement of [Schedule 10 to the](/view/html/inforce/2026-04-12/act-1982-009#JS10@EN) [Companies and Securities Legislation (Miscellaneous Amendments) Act 1982](/view/html/inforce/2026-04-12/act-1982-009) or, as the case may be, to the Royal Charter or constitution as so amended or the Royal Charter as modified by the supplementary Royal Charter.\n> \n> > (5)  Where a copy of a document deposited under this section (including this section as in force before the commencement of [Schedule 10 to the](/view/html/inforce/2026-04-12/act-1982-009#JS10@EN) [Companies and Securities Legislation (Miscellaneous Amendments) Act 1982](/view/html/inforce/2026-04-12/act-1982-009) ) is certified by the Commissioner for Corporate Affairs as being a true copy of that document, that copy is admissible as conclusive proof of the contents of the document in all court proceedings and in all proceedings before a person who by law or the consent of the parties has authority to hear and receive evidence.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"General powers of the corporation","content":"### 5 General powers of the corporation\n\n> > (1)  The corporation –\n> > \n> > > > (a) has the general control and management of the Boy Scout movement in this State; and\n> > > \n> > > > (b) may do all such acts and things as it may consider necessary or desirable for providing and maintaining an efficient organization for the purposes of the Association in this State.\n> \n> > (2)  Without prejudice to the generality of the provisions of [subsection (1)](#GS5@Gs1@EN) , the powers and functions of the corporation include the exercise of all such powers, and the performance of all such duties, as may be delegated to it by the Association under the provisions of the Royal Charter.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Transfer of property to corporation","content":"### 6 Transfer of property to corporation\n\n> > (1)  A person –\n> > \n> > > > (a) who, at the commencement of this Act, holds;\n> > > \n> > > > (b) who, at any time after the commencement of this Act, acquires; or\n> > > \n> > > > (c) to whom is or has been given, devised, or bequeathed (whether before or after the commencement of this Act) –\n> > \n> > any real property or personal property in this State upon trust for or on behalf of, or for the benefit of, the Association or any branch thereof or any local association, group, or other body formed under the policy organization and rules of the Association in this State shall, if so required by the corporation, by notice in writing, transfer, convey, or assign that real property or personal property to the corporation, at the cost of the corporation, but subject to any conditions or trusts upon which it is or was held, acquired, given, devised, or bequeathed.\n> \n> > (2)  A notice under [subsection (1)](#GS6@Gs1@EN) –\n> > \n> > > > (a) shall be signed by the general secretary or other officer of the corporation authorized by the corporation in that behalf; and\n> > > \n> > > > (b) shall be deemed to have been received by the person to whom it is addressed at the expiration of the period of 3 days after it has been forwarded to that person by registered post at his usual or last-known place of residence in this State or, if it is addressed to more persons than one, after it has been so forwarded to any one of those persons at his usual or last-known place of residence in this State.\n> \n> > (3)  Notwithstanding the foregoing provisions of this section, any real property or personal property that is vested in, or held by or on behalf of, or that is given, devised, or bequeathed to, a sponsored group may, subject to any express trust affecting it, be held in trust for such purposes, and be disposed of in such manner, as the sponsoring authority of that group may determine; but if a sponsoring authority deals with any real property or personal property in a manner contrary to the conditions and trusts upon which it is held, the corporation may, by notice in writing in accordance with this section, require the organization by which the sponsoring authority is appointed, or that sponsoring authority, to transfer, convey, or assign that property to the corporation.\n> \n> > (4)  Any person, organization, or sponsoring authority to whom or to which a notice under this section is given may apply by summons to a judge for an order that the transfer, conveyance, or assignment of the property to which the notice relates shall be subject to such terms and conditions as the judge may determine, and the judge may make such order with respect to the terms and conditions to which the transfer, conveyance, or assignment shall be subject as the judge may think just and equitable, having regard to all the circumstances of the case.\n> \n> > (5)  *\\[Section 6 Subsection (5) amended by No. 51 of 1972, s. 4 \\]*If –\n> > \n> > > > (a) after the giving of a notice under this section any person, organization, or sponsoring authority to whom or to which the notice is given fails to execute a transfer or conveyance, or an assignment, to the corporation of the property to which the notice relates; or\n> > > \n> > > > (b) a person holds any real property or personal property in this State upon trust for or on behalf of, or for the benefit of, the Association or any branch thereof, or any local association, group, or other body formed under the policy organization and rules of the Association in this State, and the whereabouts of that person are unknown –\n> > \n> > the corporation may apply by summons to a judge for an order directing the Principal Registrar of the Supreme Court to execute for and on behalf of that person, organization, or sponsoring authority a transfer or conveyance, or an assignment, of that property to the corporation.\n> \n> > (6)  Where a summons is taken out by the corporation pursuant to [subsection (5)](#GS6@Gs5@EN) , the judge by whom the summons is heard may, upon proof to his satisfaction that –\n> > \n> > > > (a) the property to which the summons relates is held by any person, organization, or sponsoring authority for or on behalf of, or for the benefit of, the Association or any branch thereof, or any local association, group, or body formed under the policy organization and rules of the Association in this State;\n> > > \n> > > > (b) notice under this section requiring that person, organization, or sponsoring authority to transfer, convey, or assign that property has been given to that person, organization, or sponsoring authority by the corporation; and\n> > > \n> > > > (c) that person, organization, or sponsoring authority has failed to execute a transfer or conveyance, or an assignment, of the property to the corporation, or, as the case may be, that the whereabouts of that person are unknown –\n> > \n> > the judge may, by order, direct the Principal Registrar to execute for or on behalf of that person, organization, or sponsoring authority a transfer or conveyance, or an assignment, of that property to the corporation, and the Principal Registrar shall thereupon do all such acts and things, and execute all such instruments, as may be necessary to transfer, convey, or assign the property to the corporation, but subject, in the case of real property, to any charge, mortgage, lease, or easement affecting it and to any trust upon which it was held by that person, organization, or sponsoring authority.\n> \n> > (7)  A person who, in this State, has at any time acquired any property by using the name of the Association, or of any branch thereof, or of any local organization, group, or body formed under the policy organization and rules of the Association in this State shall, for the purposes of this section, be deemed to be a person who holds that property for or on behalf of, or for the benefit of, the Association or of that branch, local association, group, or sponsoring authority.\n> \n> > (8)  Any liabilities in respect of real property or personal property that, by virtue only of the operation of this subsection, become vested in the corporation, may be enforced against the corporation.\n> \n> > (9)  Any rights that have accrued or hereafter accrue to a person in this State on behalf of the Association are, by virtue only of the operation of this subsection, vested in the corporation, and may be enforced by or in favour of the corporation accordingly.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Manner of dealing with property by the corporation","content":"### 7 Manner of dealing with property by the corporation\n\n> The corporation shall deal with or dispose of the real property or personal property vested in the corporation in such manner, subject to any special trust affecting the property, as the Executive Committee thinks fit, but subject, in the case of a lease, mortgage, or sale of real property, to the following conditions, namely:\n> \n> > > (a) A proposed lease, mortgage, or sale of real property shall be submitted, in the first instance, to an ordinary meeting of the Executive Committee and shall be specially mentioned in the notice convening the meeting;\n> > \n> > > (b) At the next ordinary meeting of the Executive Committee, of which not less than 7 days' notice has been given, the proposed lease, mortgage, or sale, if approved by the previous meeting, shall be submitted to the meeting, and if approved by not less than two-thirds of those present when the motion is put, may be carried into effect by the Executive Committee;\n> > \n> > > (c) A copy of the resolution of the Executive Committee directing the lease, mortgage, or sale, if sealed with the common seal of the corporation, is conclusive evidence in favour of any person claiming by, through, or under the lease, mortgage, or sale that the resolution has been duly passed in compliance with the provisions of this Act and of the constitution; and\n> > \n> > > (d) A lessee, purchaser, or mortgagee is not bound to see to the application of any moneys paid by him.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Vesting of certain gifts, &c., in the corporation","content":"### 8 Vesting of certain gifts, &c., in the corporation\n\n> > (1)  Any devise or bequest made by or under any will or codicil (whether the will or codicil is executed or proved before or after the commencement of this Act) and any gift made otherwise than by testamentary disposition (whether the gift is made before or after the commencement of this Act) to, or on behalf or for the benefit of, the Association or any branch thereof or any local association, group, or body formed under the policy organization and rules of the Association (whether the devise, bequest, or gift is expressed to vest or pass directly or after the death of some person or the fulfilment of some condition) shall, unless the contrary intention appears in the will, codicil, or other instrument effecting the devise, bequest, or gift, be deemed, by force only of this section and without further authority, to be a devise, bequest, or gift to, or on behalf or for the benefit of, the corporation and the devise, bequest, or gift, or the beneficial enjoyment thereof, as the case may be, shall be deemed to vest in the corporation accordingly.\n> \n> > (2)  Nothing in this section prejudices or affects the operation of [section 6](#GS6@EN) .","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Receipt and application of gifts, &c., by the corporation","content":"### 9 Receipt and application of gifts, &c., by the corporation\n\n> The corporation –\n> \n> > > (a) shall receive all gifts, grants of money, or contributions made by the State or by any person to the Association or the Branch; and\n> > \n> > > (b) shall apply those gifts, grants, or contributions in accordance with the terms, provisions, and conditions applicable to them, or if there are no terms, provisions, or conditions applicable thereto, or if the terms, provisions, or conditions that are applicable thereto become impossible of performance, then in accordance with the objects of the Association.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Custody and use of the seal of the corporation","content":"### 10 Custody and use of the seal of the corporation\n\n> > (1)  The general secretary of the corporation shall retain the custody of the corporation's common seal.\n> \n> > (2)  The common seal of the corporation shall not be affixed to a document except in pursuance of a resolution of the Executive Committee, and, when so affixed, shall be attested by the signatures of 3 members of the Executive Committee.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Service of notices","content":"### 11 Service of notices\n\n> Notice to, or service on, the general secretary of the corporation or any officer for the time being performing the duties of the general secretary shall be deemed to be notice to, or service on, the corporation.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Receipts, &c.","content":"### 12 Receipts, &c.\n\n> Any receipt, release, or discharge that is signed, given, or executed –\n> \n> > > (a) if not under seal, by –\n> > > \n> > > > > (i) the general secretary or treasurer of the corporation; or\n> > > > \n> > > > > (ii) any two members of the Executive Committee; or\n> > \n> > > (b) if under seal, by any 3 members of the Executive Committee –\n> \n> shall be deemed, for all purposes, to be a complete acquittance by the corporation, to the person to whom it is given, for or in respect of the matters to which it relates.","sortOrder":11}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to remain focused on its original 1954 purpose of providing legal recognition and status to the Boy Scouts Association in Tasmania. No significant scope expansion is evident from the amendment history, which shows minimal changes since inception."},"complexity_factors":["Very narrow and specific subject matter — applies to a single organisation","Legislation is historical and has not been substantially amended since 1997","Short Act with limited operative provisions typical of association incorporation laws","No complex regulatory scheme, penalties framework, or multi-agency interaction","Limited metadata available in the provided text makes full content analysis difficult"],"plain_english_summary":"The Act gives the Boy Scouts Association in Tasmania formal legal recognition and corporate status, letting the organisation own property, enter contracts, sue or be sued, and protect its name and badges. It also defines governance and confirms ties to the national and international Scout movement.\n\nIt affects Tasmanian Scouts, leaders, the public, and anyone misusing Scout branding. Enacted 1954 and last updated 1997, the law is dated but secures the organisation’s basic legal tools (Scouts Australia)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original 1954 scope through amendments. The original Act simply incorporated the Boy Scouts Association, Tasmanian Branch. The 1972 amendments added the name change to 'Scout Association of Australia, Tasmanian Branch' and expanded the interpretation provisions. The 1982 amendments significantly expanded the administrative burden by requiring registration of constitutional documents with the Commissioner for Corporate Affairs, effectively treating the Scout corporation like a company for registration purposes. The original Act was a simple incorporation statute; it has become a hybrid corporate governance and property management regime with ongoing compliance obligations."},"complexity_factors":["Moderate length (12 sections) with straightforward structure","7 defined terms in the interpretation section, including technical terms like 'sponsored group' and 'sponsoring authority'","Cross-references to external documents (Royal Charter, constitution) that aren't reproduced in the Act itself","Nested conditional logic in Section 6 regarding property transfers, with exceptions for sponsored groups (subsection 3) and judicial override provisions (subsections 4-6)","Temporal complexity: multiple commencement dates referenced (original 1954 commencement, 1972 amendments for name change, 1982 amendments for corporate registration requirements)","Section 4 contains transitional provisions dealing with pre-1982 deposited documents and their continued effect, creating parallel regimes","Section 8 contains a broad deeming provision with an exception ('unless the contrary intention appears'), creating interpretive uncertainty"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal \"body corporate\" (a legal entity that can act like a person) for the Tasmanian branch of the Scouts in Australia. Before this law, the Scout organisation in Tasmania had no legal standing to own property, sign contracts, or sue in court. This Act fixes that by giving the Tasmanian Scout Association its own legal personality.\n\n**Who it affects:**\n\n- **The Scout Association of Australia, Tasmanian Branch** – the main beneficiary. It can now own land, borrow money, invest funds, and manage property.\n- **Local Scout groups and sponsors** – the Act includes rules about who controls property held for local groups, especially \"sponsored groups\" (Scout units backed by churches, schools, or other organisations).\n- **Donors and property holders** – anyone leaving money or property to the Scouts in their will, or holding Scout property in trust.\n\n**Key things the law does:**\n\n- **Creates the corporation** (Section 3): The State Council members automatically become a legal entity called the \"Scout Association of Australia, Tasmanian Branch\" (originally \"Boy Scouts Association, Tasmanian Branch\" – the name was changed by amendment in 1972).\n\n- **Powers of the corporation** (Sections 3 & 5): It can buy and sell property, borrow money, invest funds, sue and be sued, and generally run the Scout movement in Tasmania.\n\n- **Property transfers** (Section 6): If someone holds property for the Scouts, the corporation can demand they transfer it to the corporation. There are special rules for \"sponsored groups\" that let sponsoring organisations keep some control over property. If someone refuses to hand over Scout property, the Supreme Court can step in and force the transfer.\n\n- **Dealing with property** (Section 7): The Executive Committee manages property, but major decisions like selling land need a two-thirds vote at two separate meetings.\n\n- **Gifts and bequests** (Section 8): Any gift or inheritance left to the Scouts automatically goes to the corporation, unless the will specifically says otherwise.\n\n- **Administrative rules** (Sections 9–12): Covers how the corporation receives donations, uses its official seal, serves legal notices, and issues receipts.\n\n**Why it matters:**\n\nWithout this Act, the Tasmanian Scouts couldn't legally own their own halls, campsites, or equipment. Every time a Scout group wanted to buy land, they'd need individual trustees. This law centralises ownership and management while protecting the interests of local groups and donors. It's essentially a \"private Act\" of incorporation – a bespoke legal structure for a specific community organisation, common in mid-20th century Australia before modern incorporated associations legislation existed."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Amendments updated the corporate name (s3(1A)) and imposed a formal registration/evidence regime for the Royal Charter and constitution (s4). The Act also consolidates and clarifies property‑vesting and transfer powers — including automatic vesting of gifts (s8), statutory power to require transfers (s6(1)) and judicial enforcement when transfers fail or owners cannot be located (s6(5)–(6)) — which extends and clarifies enforcement tools and procedural obligations without altering the corporation's stated objects (see ss 5, 6, 8–9)."},"complexity_factors":["Multiple property-transfer mechanisms: written notice to holders (s6(1)–(2)), power to seek court orders when transfers are not executed or owners are unlocatable (s6(5)–(6)), and exceptions for sponsored groups subject to sponsoring authority (s6(3)).","Registration and evidentiary regime for Royal Charter and constitution requiring certified deposits with the Commissioner and treating certified copies as conclusive proof in proceedings (s4(1)–(2), (5)).","Corporate governance requirements for significant transactions: Executive Committee meetings, special notice, two‑thirds approval threshold, and common seal attestation by three committee members (s7, s10).","Vesting rules that operate automatically on gifts, devises, and bequests unless contrary intention appears (s8), which shift beneficial ownership without further transfer formalities.","Cross-references and amendment history (name change in s3(1A); substituted s4) that affect interpretation and scope.","Procedural compliance burdens: service by registered post deemed receipt after 3 days (s6(2)(b)); officers responsible for custody of seal and signing receipts (ss 10, 12)."],"plain_english_summary":"This Act creates a corporate body — the Scout Association of Australia, Tasmanian Branch — gives it perpetual succession and standard corporate powers, and requires the Royal Charter and the Branch constitution to be lodged with the Commissioner (ss 3, 4). It vests gifts and donations in the corporation, allows the corporation to require transfer of property held for Scout purposes (or to obtain court orders to effect transfers), and requires Executive Committee approval for major property dealings, with attendant notice, sealing and record-keeping duties (ss 6, 8–10, 7)."}},"importantCases":[],"_links":{"self":"/api/acts/boy-scouts-association-act-1954","history":"/api/acts/boy-scouts-association-act-1954/history","analysis":"/api/acts/boy-scouts-association-act-1954/analysis","conflicts":"/api/acts/boy-scouts-association-act-1954/conflicts","importantCases":"/api/acts/boy-scouts-association-act-1954/important-cases","documents":"/api/acts/boy-scouts-association-act-1954/documents"}}