{"id":"hawthorn-returned-sailors-and-soldiers-trust-act-1940","name":"Hawthorn Returned Sailors and Soldiers Trust Act 1940","slug":"hawthorn-returned-sailors-and-soldiers-trust-act-1940","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173541,"registerId":"vic-hawthorn-returned-sailors-and-soldiers-trust-act-1940-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Hawthorn Returned Sailors and Soldiers Trust Act 1940","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nHawthorn Returned Sailors and Soldiers\nTrust Act 1940\nAct No. 4764/1940\nVersion incorporating amendments as at 7 August 2000\nTABLE OF PROVISIONS\nSection Page\n1. Short title and definition 2\n2. Vesting of land and other property in City of Hawthorn and\nprovision for exercise of trusts by Council 3\n3. Power to City of Hawthorn to hold property etc. and to Council\nto carry out trust etc. 4\n4. Obligations of Registrar of Titles 4\n5. Power to Council to expend sums from municipal fund on\nbuildings etc. 4\n6. Saving of existing rights etc. 5\n═══════════════\nENDNOTES 6\n1. General Information 6\n2. Table of Amendments 7\n3. Explanatory Details 8\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nHawthorn Returned Sailors and Soldiers\nTrust Act 1940\nAct No. 4764/1940\nVersion incorporating amendments as at 7 August 2000\nAn Act to vest in the City of Hawthorn the Real and Personal\nProperty governed by the Trusts contained in a certain Trust\nDeed relating to a Club for the Use of Hawthorn Returned\nSailors and Soldiers and to provide for the carrying out of the\nsaid Trusts by the Council of the said City, and for other\npurposes.\nPreamble\nWHEREAS by a trust deed dated the twelfth day\nof February One thousand nine hundred and\ntwenty-four and deposited in the Office of the\nRegistrar-General and numbered 15072 certain\npersons named in the said trust deed for themselves\nand the survivor or survivors of them and the heirs\nexecutors and administrators of such survivors and\nother the trustees or trustee for the time being of\nthe said trust deed (in the said trust deed called\n\"the trustees\") admitted acknowledged and\ndeclared that they the trustees held certain land,\nbeing part of Crown portion 44 parish of\nBoroondara county of Bourke and being the land\ncomprised in certificate of title entered in the\nRegister Book of the Office of Titles volume 4714\nfolium 942703, and certain personal property and\nthat they would hold all other real and personal\nestate whatever that might be acquired by or\ntransferred or given to the trustees for the purposes\nof the trusts contained in the said trust deed and the\nincome rents profits and produce thereof upon the\ntrusts terms conditions stipulations and provisions\nin the said trust deed contained, including in\nparticular a trust to provide and maintain premises\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4764/1940\nHawthorn Returned Sailors and Soldiers Trust Act 1940\n2\nfor use as a club for so long as they the trustees\nshould consider necessary for the use of Hawthorn\nreturned sailors and soldiers:\nAND WHEREAS the property now governed by\nthe said trust deed consists of the hereinbefore\nrecited land and the buildings and premises thereon\nand the fittings furnishings and equipment therein\nand certain money:\nAND WHEREAS the trustees for the time being of\nthe said trust deed and the council of the City of\nHawthorn are desirous that for the better carrying\nout of the trusts contained in the said trust deed all\nthe property governed by the said trust deed should\nbe vested in the City of Hawthorn and that all the\ndiscretionary and other powers and functions and\nthe duties and obligations of the trustees under the\nsaid trust deed should be transferred to and vested\nin and imposed upon the council of the said city:\nBE IT THEREFORE ENACTED by the King's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title and definition\n(1) This Act may be cited as the Hawthorn\nReturned Sailors and Soldiers Trust Act 1940.\n(2) In this Act unless inconsistent with the context or\nsubject-matter \"trust\" includes term condition\nstipulation and provision.\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4764/1940\nHawthorn Returned Sailors and Soldiers Trust Act 1940\n3\n2. Vesting of land and other property in City of\nHawthorn and provision for exercise of trusts by\nCouncil\nUpon the commencement of this Act and without\nany further or other authority than this Act—\n(a) the land comprised in folio of the Register\nvolume 4714 folium 942703 shall subject to\nthe encumbrances (if any) specified in that\nfolio be divested out of the trustees for the\ntime being of the hereinbefore recited trust\ndeed and vested in fee simple in the Mayor\nCouncillors and Citizens of the City of\nHawthorn subject to the trusts contained in\nthe said trust deed;\n(b) all other property of whatever nature vested\nimmediately before the commencement of\nthis Act in the trustees for the time being of\nthe hereinbefore recited trust deed for the\npurposes of the trusts therein contained shall\nbe divested out of such trustees and vested\nsubject to the said trusts in the Mayor\nCouncillors and Citizens of the City of\nHawthorn;\n(c) all discretionary and other powers and\nfunctions and all duties and obligations of\nthe trustees of the said trust deed shall be\ntransferred to and vested in and imposed\nupon the council of the City of Hawthorn;\nand\n(d) the trustees of the said trust deed\nimmediately before the commencement of\nthis Act shall be discharged from the trusts\ncontained in the said trust deed.\ns. 2\nS. 2(a)\namended by\nNo. 18/1989\ns. 13(Sch. 2\nitem 36(a)\n(i)(ii)).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4764/1940\nHawthorn Returned Sailors and Soldiers Trust Act 1940\n4\n3. Power to City of Hawthorn to hold property etc. and\nto Council to carry out trust etc.\nNotwithstanding anything in the Local\nGovernment Acts the Mayor Councillors and\nCitizens of the City of Hawthorn are hereby\nempowered to hold subject to the said trusts the\nsaid land and the other property hereinbefore\nmentioned as well as all other property that may\nbe acquired for the purposes of the said trusts; and\nthe council of the said city is hereby empowered\nto exercise all the discretionary and other powers\nand functions of the trustees under the said trust\ndeed and to undertake the duties and obligations\nthereof.\n4. Obligations of Registrar of Titles\nThe Registrar of Titles must make any recordings\nin the Register that are necessary or expedient\nbecause of this Act, and the holder of any relevant\ncertificate of title must if requested to do so\ndeliver it to the Registrar of Titles.\n5. Power to Council to expend sums from municipal\nfund on buildings etc.\nNotwithstanding anything in the Local\nGovernment Acts the council of the City of\nHawthorn is hereby empowered to expend out of\nthe municipal fund of the said city such sums from\ntime to time as the council considers necessary for\nor towards rebuilding renovating repairing and\nmaintaining the buildings and premises upon the\nland comprised in the folio of the Register\nvolume 4714 folium 942703 and fitting furnishing\nand equipping the same and maintaining the\nfittings furnishings and equipment thereof for the\npurposes of the hereinbefore mentioned trusts.\ns. 3\nS. 4\nsubstituted by\nNo. 18/1989\ns. 13(Sch. 2\nitem 36(b)).\nS. 5\namended by\nNo. 18/1989\ns. 13(Sch. 2\nitem 36(c)).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4764/1940\nHawthorn Returned Sailors and Soldiers Trust Act 1940\n5\n6. Saving of existing rights etc.\nExcept as is expressly provided in this Act no\nright title or interest arising out of or in connexion\nwith the said trusts and no action matter or thing\nrelating thereto shall be affected or abated by this\nAct.\n═══════════════\ns. 6\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4764/1940\nHawthorn Returned Sailors and Soldiers Trust Act 1940\n6\nENDNOTES\n1. General Information\nThe Hawthorn Returned Sailors and Soldiers Trust Act 1940 was\nassented to on 18 November 1940 and came into operation on 18 November\n1940.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4764/1940\nHawthorn Returned Sailors and Soldiers Trust Act 1940\n7\n2. Table of Amendments\nThis Versions incorporates amendments made to the Hawthorn Returned\nSailors and Soldiers Trust Act 1940 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nTransfer of Land (Computer Register) Act 1989, No. 18/1989\nAssent Date: 16.5.89\nCommencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488\nCurrent State: All of Act in operation\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4764/1940\nHawthorn Returned Sailors and Soldiers Trust Act 1940\n8\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained focused on its original purpose of establishing and governing a local trust for returned servicemen and women in Hawthorn. The consolidated version still in force does not appear to reflect any significant expansion or contraction of its original intent."},"complexity_factors":["Very narrow and specific subject matter — a single local trust","Historical legislation with limited modern application","Insufficient legislative detail provided in the excerpt to assess technical complexity of provisions","Trust law concepts may require some explanation for laypeople but the overall purpose is straightforward","No apparent cross-references to complex regulatory schemes"],"plain_english_summary":"The Hawthorn Returned Sailors and Soldiers Trust Act 1940 is a Victorian law that creates a formal trust to hold and manage assets for returned servicemen and women from the Hawthorn area of Melbourne. It sets up a legal vehicle and governance for providing local support to veterans and their families, affecting trustees, beneficiaries, and the community.\n\nThe Act remains technically in force, giving the trust legal permanence and protection of its assets."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act implements the stated intent to vest the trust property in the City of Hawthorn and transfer trustees' powers to the council (preamble; s.2). Subsequent amendments have modernised registration and related procedural provisions (see Table of Amendments—Transfer of Land (Computer Register) Act 1989) but did not alter the Act’s core scope of vesting, council authority, or funding authorisation."},"complexity_factors":["Property vesting mechanics and fee simple transfer from private trustees to a municipal body (s.2(a)–(b)).","Transfer of discretionary powers, duties and obligations from trustees to the council, concentrating decision-making at the local government level (s.2(c), s.3).","Public finance implication: explicit authorisation to use municipal funds for buildings and fittings creates a recurring budgetary decision for councillors (s.5).","Administrative/registration step requiring the Registrar of Titles and surrender or delivery of certificate of title on request (s.4).","Saving clause preserving existing rights and actions unless expressly changed, which can raise interpretation questions in disputes (s.6).","Later amendments updated recording and computer register provisions (notably Transfer of Land (Computer Register) Act 1989), affecting procedural but not core substantive operation."],"plain_english_summary":"This Act moves the land, buildings and other trust property for the Hawthorn Returned Sailors and Soldiers club out of the original private trustees and vests it in the City of Hawthorn, making the Hawthorn Council responsible for carrying out the trust (ss.2–3). The Registrar of Titles must record the change (s.4), the Council may spend municipal funds on rebuilding, maintaining and equipping the premises for trust purposes (s.5), trustees are discharged, and existing rights are preserved (s.2(d), s.6)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: transferring the Hawthorn Returned Sailors and Soldiers Trust from private trustees to the City of Hawthorn council. The 1989 amendments were purely technical, updating terminology to reflect modern land registration systems ('folio of the Register' replacing older certificate language). The scope has not expanded beyond the specific Hawthorn club and its original trust purposes."},"complexity_factors":["Only 6 operative sections plus endnotes","Single defined term ('trust' in section 1(2)) with a simple inclusive definition","No cross-references to other legislation except general references to 'Local Government Acts'","Straightforward vesting mechanism without conditional triggers or exceptions","Only one substantive amendment in 60 years (1989 technical update to land registration terminology)","No delegated legislation or regulation-making powers","Narrative preamble provides context but doesn't create legal complexity"],"plain_english_summary":"**What this law does:**\n\nThis Act transfers control of a Returned Soldiers' Club in Hawthorn, Victoria from private trustees to the local city council.\n\n**Background:**\nIn 1924, a group of trustees set up a trust to run a club for returned sailors and soldiers (World War I veterans) in Hawthorn. They held land and buildings for this purpose. By 1940, the trustees and the City of Hawthorn council agreed it would work better if the council took over.\n\n**What changes:**\n- **The property** — land, buildings, furniture, and money — moves from the private trustees to the City of Hawthorn\n- **The responsibility** — the council now manages the club and carries out the original trust purposes (providing a club for veterans)\n- **The trustees** — are released from their duties\n\n**Key powers given:**\n- The council can spend money from the municipal fund (ratepayers' money) to maintain, repair, and upgrade the club buildings\n- The council can acquire new property for the trust purposes\n- The Registrar of Titles must update land ownership records\n\n**Who it affects:**\n- Returned sailors and soldiers (and later, their descendants or community groups using the facilities)\n- The City of Hawthorn council (now responsible for running the club)\n- The original trustees (discharged from their role)\n\n**Why it matters:**\nThis is a typical example of how local communities formalised care for veterans after World War I. Rather than leaving management to private individuals, the Act ensures public accountability through the elected council while preserving the original charitable purpose."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/hawthorn-returned-sailors-and-soldiers-trust-act-1940","history":"/api/acts/hawthorn-returned-sailors-and-soldiers-trust-act-1940/history","analysis":"/api/acts/hawthorn-returned-sailors-and-soldiers-trust-act-1940/analysis","conflicts":"/api/acts/hawthorn-returned-sailors-and-soldiers-trust-act-1940/conflicts","importantCases":"/api/acts/hawthorn-returned-sailors-and-soldiers-trust-act-1940/important-cases","documents":"/api/acts/hawthorn-returned-sailors-and-soldiers-trust-act-1940/documents"}}