{"id":"old-colonists-association-act-1882","name":"Old Colonists' Association Act 1882","slug":"old-colonists-association-act-1882","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173403,"registerId":"vic-old-colonists-association-act-1882-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Old Colonists' Association Act 1882","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nOld Colonists' Association Act 1882\nAct No. 730/1882\nVersion incorporating amendments as at 6 July 1999\nTABLE OF PROVISIONS\nSection Page\n1. The permanent fund to be established by law and rendered\nindefeasible 2\n2. The interest only of permanent fund to be used 3\n3. Repealed 3\n4. Penalty on paying moneys out of permanent fund 3\n═══════════════\nENDNOTES 4\n1. General Information 4\n2. Table of Amendments 5\n3. Explanatory Details 6\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nOld Colonists' Association Act 1882\nAct No. 730/1882\nVersion incorporating amendments as at 6 July 1999\nAn Act to establish and regulate a Permanent Fund in\nconnection with the Old Colonists' Association of Victoria.\nPreamble\nWHEREAS on the first day of June One thousand\neight hundred and sixty-nine an Association named\n\"The Old Colonists' Association of Victoria\" was\nformed and is now existing in the colony of\nVictoria consisting of persons who have resided in\nthe said colony for twenty years—members who\narrived prior to the twenty-third of November One\nthousand eight hundred and fifty-five (being the\nday upon which constitutional government in\nVictoria was proclaimed) and who have since\ncontinued colonists and their male descendants\nbeing termed \"Pioneers\"—the objects of which\nAssociation are:\n(1) To assist necessitous old colonists by loan or\notherwise:\n(2) To promulgate facts relative to the early\nhistory of the colony:\n(3) To promote the advancement of native-born\nVictorians:\n(4) To encourage a friendly recognition of the\nmembers:\nAND WHEREAS it is expedient that the\npermanent fund of the said Association should be\nestablished by law and rendered indefeasible\nwhereby the public advantage and the interests of\nthe said Association will be greatly promoted:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 730/1882\nOld Colonists' Association Act 1882\n2\nBE IT THEREFORE ENACTED by the Queen'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. The permanent fund to be established by law and\nrendered indefeasible\nThe said Association shall continue to be called\nand known as \"The Old Colonists' Association of\nVictoria,\" and notwithstanding anything contained\nin the Acts numbered CCLIV and DXC there shall\nbe established by law and rendered indefeasible\nthe permanent fund of the said Association. Such\nfund shall consist of a sum of Three thousand and\nfifty nine dollars, eighty eight cents1 (of which the\nsum of Two thousand dollars2 is invested on\nmortgages of freehold land in the said colony, the\nsum of Nine hundred dollars3 consists of cash in\nbank on fixed deposit, and the remaining One\nhundred and fifty nine dollars, eighty eight cents4\nconsists of cash in bank now lying to the credit of\na fund called by the Association the Permanent\nFund), and of all future donations and bequests\nnot otherwise specially directed by the donors\nthereof to be applied—all donations entitling\npersons to be life governors, one-half of the\namount of subscriptions paid to the Association by\ngovernors, and unless excepted for an advertised\npurpose one-half of the net proceeds derived by\nthe Association from all benefit performances, and\nall other moneys which may be lawfully paid into\nsuch permanent fund. Such fund shall be invested\nas the Association (subject to the control of a\nspecial meeting) may determine, and the present\nand future investments may be varied as the\nAssociation (subject to such control) may from\ntime to time think fit.\nS. 1\namended by\nNo. 5901\ns. 5(4)(a)\n(i)–(iii).\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 730/1882\nOld Colonists' Association Act 1882\n3\n2. The interest only of permanent fund to be used\nIn addition to such moneys as the Association\nmay from time to time receive or have received\nand which are not by this Act made payable into\nthe permanent fund, only the interest arising from\nsuch permanent fund shall be appropriated in\npayment of any of the objects of the Association.\n* * * * *\n4. Penalty on paying moneys out of permanent fund\nEvery agreement made by any officers to pay any\nmoneys out of the said permanent fund shall be\nnull and void, and any officers making such\nagreement or paying any moneys out of such\npermanent fund contrary to the provisions of this\nAct shall be guilty of a misdemeanour, and being\nconvicted thereof shall be liable at the discretion\nof the Court to be imprisoned for any term not\nexceeding three years.\n═══════════════\nS. 2\namended by\nNo. 5901\ns. 3(3).\ns. 2\nS. 3\nrepealed by\nNo. 5901\ns. 5(4)(b).\nS. 4\namended by\nNo. 5901\ns. 5(4)(c).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 730/1882\nOld Colonists' Association Act 1882\n4\nENDNOTES\n1. General Information\nThe Old Colonists' Association Act 1882 was assented to on 14 August\n1882 and came into operation on 14 August 1882.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 730/1882\nOld Colonists' Association Act 1882\n5\n2. Table of Amendments\nThis Version incorporates amendments made to the Old Colonists'\nAssociation Act 1882 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nOld Colonists' Association Act 1955, No. 5901/1955\nAssent Date: 29.11.55\nCommencement Date: 29.11.55\nCurrent State: All of Act in operation\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 730/1882\nOld Colonists' Association Act 1882\n6\n3. Explanatory Details\n1 S. 1: Refer to section 5 of the Decimal Currency Act 1965, No. 7315/1965.\n2 S. 1: See note 1.\n3 S. 1: See note 1.\n4 S. 1: See note 1.\nEndnotes","sortOrder":0}],"analysis":{"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":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original 1882 purpose: protecting the permanent fund of the Old Colonists' Association. The only material change since enactment was the 1955 amendment converting currency from pounds to dollars and repealing the redundant Section 3. The scope has not expanded beyond safeguarding this specific charitable endowment."},"complexity_factors":["Extremely short statute: only 4 sections, with Section 3 repealed","Minimal defined terms: only 'permanent fund' and 'Association' require context from the preamble","No cross-references to other legislation except historical amendment notes","Simple conditional logic: straightforward prohibition on spending principal with criminal penalty","Single purpose legislation with no exceptions, exemptions, or regulatory powers","Currency conversion from pounds to decimal currency in 1965 required amendment but did not add structural complexity"],"plain_english_summary":"This 1882 Victorian law protects a charitable fund set up by the Old Colonists' Association of Victoria—a group formed in 1869 to help elderly settlers who had lived in the colony for at least 20 years.\n\n**What it does:**\n- **Creates a protected 'permanent fund'** of just over $3,000 (originally in pounds, later converted to dollars) that cannot be broken into or spent down\n- **Locks in the capital forever** — only the interest earned can be used for the Association's charitable work\n- **Makes it a crime** for any officer to dip into the principal, with penalties of up to 3 years in prison\n\n**Who it affects:**\n- Members of the Old Colonists' Association (originally 'Pioneers' who arrived before 1855 and their male descendants)\n- The trustees or officers managing the fund\n- Beneficiaries who receive assistance from the interest payments\n\n**Why it matters:**\nThis is an early example of **statutory protection for charitable endowments**. By rendering the fund 'indefeasible' (meaning it cannot be defeated, challenged, or dissolved), Parliament ensured that donors' contributions would remain intact in perpetuity, with only the income stream available to help needy old colonists. It prevents the temptation to 'raid' the capital for short-term needs."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Amendments and a repeal noted in the endnotes updated technical wording and removed an obsolete provision (s.3), but the Act’s core scope—establishing an indefeasible permanent fund, restricting spending to interest, vesting investment decisions in the Association (subject to a special meeting), and imposing criminal liability for misuse of capital—remains unchanged (ss.1–2, s.4; endnotes)."},"complexity_factors":["Narrow, single-purpose subject matter (establishment and protection of one fund).","Creation of an indefeasible capital stock with an interest-only spending rule (ss.1–2).","Governance discretion over investments vested in the Association subject to a 'special meeting' control (s.1).","Criminal sanction for officers who misuse principal (s.4), adding enforcement and compliance risk.","Detailed listing of what counts as fund contributions (donations, bequests, specified subscriptions, half of certain proceeds) which requires accounting classification (s.1).","Historical currency wording and cross-reference to later Decimal Currency Act create minor interpretive steps (endnotes / s.1 notes).","Amendment and repeal history to check (s.1–s.4 amended; s.3 repealed) when assessing current text and intent (endnotes)."],"plain_english_summary":"This Act establishes and makes indefeasible a named \"permanent fund\" for the Old Colonists' Association of Victoria, sets out the original money and kinds of contributions that comprise that fund, and provides that only the fund’s interest may be used to pay for the Association’s objects (ss.1–2). The Association (subject to a special meeting) decides how the capital is invested (s.1). Officers who agree to or pay out principal face criminal liability, including imprisonment (s.4)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained consistent with its original purpose of providing legal standing to the Old Colonists' Association. The consolidated version does not indicate any significant amendments that expanded or narrowed its original scope."},"complexity_factors":["The Act is extremely narrow in scope, dealing with a single specific organisation","As a 19th century incorporation-style Act, its structure is straightforward with limited provisions","Limited information is available in the provided text to assess technical legal complexity in detail","No apparent cross-references to other legislation or complex regulatory schemes","The subject matter — a charitable association — is conceptually simple"],"plain_english_summary":"The Old Colonists' Association Act 1882 creates a legal charter for the Old Colonists' Association, giving that charitable body formal corporate status so it can hold property, enter contracts and act as an organisation. It affects association members, descendants or dependants of early Victorian settlers eligible for assistance, and the Association’s governance. Its significance is that this narrow, still-in-force statute remains the operating legal framework for aid to pioneering settlers and their families."}},"importantCases":[],"_links":{"self":"/api/acts/old-colonists-association-act-1882","history":"/api/acts/old-colonists-association-act-1882/history","analysis":"/api/acts/old-colonists-association-act-1882/analysis","conflicts":"/api/acts/old-colonists-association-act-1882/conflicts","importantCases":"/api/acts/old-colonists-association-act-1882/important-cases","documents":"/api/acts/old-colonists-association-act-1882/documents"}}