{"id":"C1947A00023","name":"Services Trust Funds Act 1947","slug":"services-trust-funds-act-1947","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"23 of 1947","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":883,"registerId":"C2014C00415","compilationNumber":null,"startDate":"2014-07-01","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 12 (items 116-119) of the [Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014](/C2014A00062)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014","year":2014,"number":62,"titleId":"C2014A00062","provisions":"sch 12 (items 116-119)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2014-07-18T16:07:23.683Z"},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Services Trust Funds Act 1947.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n This Act shall come into operation on a date to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n In this Act, unless the contrary intention appears:\n\n> dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.\n\n> fund means any fund established under this Act.\n\n> member of the Defence Force means a person who is, or was, prior to his discharge or death:\n\n (a) a member of the Navy, Army or Air Force; or\n (b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;\n and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.\n\n> trustees, in relation to any fund, means the trustees for the time being of that fund.","sortOrder":3},{"sectionNumber":"Part II","sectionType":"part","heading":"Trustees Generally","content":"An Act to establish, from the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources, Trust Funds to be administered in the interests of servicemen, ex‑servicemen and their dependants, and for other purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Services Trust Funds Act 1947.\n\n#### 2 Commencement\n\n This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 4 Interpretation\n\n In this Act, unless the contrary intention appears:\n\n> dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.\n\n> fund means any fund established under this Act.\n\n> member of the Defence Force means a person who is, or was, prior to his discharge or death:\n\n (a) a member of the Navy, Army or Air Force; or\n (b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;\n and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.\n\n> trustees, in relation to any fund, means the trustees for the time being of that fund.\n\n## Part II—Trustees Generally\n\n#### 5 Appointment of trustees\n\n (1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.\n (2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.\n (3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.\n\n#### 6 Trustees to be bodies corporate\n\n (1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.\n (3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.\n\n#### 7 Assets to be vested in trustees\n\n All assets from time to time forming part of any fund shall be vested in the trustees of that fund.\n\n#### 8 Powers of trustees\n\n The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:\n (a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;\n (b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;\n (c) to realise and convert into money any property forming part of the fund;\n (d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;\n (e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and\n (f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.\n\n#### 9 Power of delegation\n\n (1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.\n (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.\n (3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.\n\n#### 10 Benefits and expenses a charge on the fund\n\n All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.\n\n#### 11 Offices to be honorary\n\n (1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.\n (2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.\n\n#### 12 Trustees not personally liable\n\n No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.\n\n#### 13 Trustees may be authorised to administer other property\n\n The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.\n\n#### 14 Trustees and their dependants not eligible to benefit\n\n A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.\n\n## Part IV—The Royal Australian Navy Relief Trust Fund\n\n#### 24 R.A.N. Relief Trust Fund\n\n (1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.\n (2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 26 Administration of the R.A.N. Relief Trust Fund\n\n The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.\n\n## Part V—The Australian Military Forces Relief Trust Fund\n\n#### 27 A.M.F. Relief Trust Fund\n\n (1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.\n (2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 29 Administration of the A.M.F. Relief Trust Fund\n\n The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.\n\n## Part VI—The Royal Australian Air Force Welfare Trust Fund\n\n#### 30 R.A.A.F. Welfare Trust Fund\n\n (1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.\n (2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 32 Administration of the R.A.A.F. Welfare Trust Fund\n\n The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.\n\n## Part VII—General\n\n#### 34 Application of the Public Governance, Performance and Accountability Act 2013\n\n Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.\n\n#### 36 Regulations\n\n The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:\n (a) for regulating proceedings at meetings of trustees appointed under this Act;\n (b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and\n (c) for prescribing the times at which meetings of any trustees so appointed shall be held.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Appointment of trustees","content":"#### 5 Appointment of trustees\n\n (1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.\n (2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.\n (3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Trustees to be bodies corporate","content":"#### 6 Trustees to be bodies corporate\n\n (1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.\n (3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Assets to be vested in trustees","content":"#### 7 Assets to be vested in trustees\n\n All assets from time to time forming part of any fund shall be vested in the trustees of that fund.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Powers of trustees","content":"#### 8 Powers of trustees\n\n The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:\n (a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;\n (b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;\n (c) to realise and convert into money any property forming part of the fund;\n (d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;\n (e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and\n (f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Power of delegation","content":"#### 9 Power of delegation\n\n (1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.\n (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.\n (3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Benefits and expenses a charge on the fund","content":"#### 10 Benefits and expenses a charge on the fund\n\n All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Offices to be honorary","content":"#### 11 Offices to be honorary\n\n (1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.\n (2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Trustees not personally liable","content":"#### 12 Trustees not personally liable\n\n No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Trustees may be authorised to administer other property","content":"#### 13 Trustees may be authorised to administer other property\n\n The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Trustees and their dependants not eligible to benefit","content":"#### 14 Trustees and their dependants not eligible to benefit\n\n A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.","sortOrder":14},{"sectionNumber":"Part IV","sectionType":"part","heading":"The Royal Australian Navy Relief Trust Fund","content":"An Act to establish, from the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources, Trust Funds to be administered in the interests of servicemen, ex‑servicemen and their dependants, and for other purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Services Trust Funds Act 1947.\n\n#### 2 Commencement\n\n This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 4 Interpretation\n\n In this Act, unless the contrary intention appears:\n\n> dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.\n\n> fund means any fund established under this Act.\n\n> member of the Defence Force means a person who is, or was, prior to his discharge or death:\n\n (a) a member of the Navy, Army or Air Force; or\n (b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;\n and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.\n\n> trustees, in relation to any fund, means the trustees for the time being of that fund.\n\n## Part II—Trustees Generally\n\n#### 5 Appointment of trustees\n\n (1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.\n (2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.\n (3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.\n\n#### 6 Trustees to be bodies corporate\n\n (1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.\n (3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.\n\n#### 7 Assets to be vested in trustees\n\n All assets from time to time forming part of any fund shall be vested in the trustees of that fund.\n\n#### 8 Powers of trustees\n\n The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:\n (a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;\n (b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;\n (c) to realise and convert into money any property forming part of the fund;\n (d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;\n (e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and\n (f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.\n\n#### 9 Power of delegation\n\n (1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.\n (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.\n (3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.\n\n#### 10 Benefits and expenses a charge on the fund\n\n All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.\n\n#### 11 Offices to be honorary\n\n (1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.\n (2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.\n\n#### 12 Trustees not personally liable\n\n No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.\n\n#### 13 Trustees may be authorised to administer other property\n\n The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.\n\n#### 14 Trustees and their dependants not eligible to benefit\n\n A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.\n\n## Part IV—The Royal Australian Navy Relief Trust Fund\n\n#### 24 R.A.N. Relief Trust Fund\n\n (1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.\n (2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 26 Administration of the R.A.N. Relief Trust Fund\n\n The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.\n\n## Part V—The Australian Military Forces Relief Trust Fund\n\n#### 27 A.M.F. Relief Trust Fund\n\n (1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.\n (2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 29 Administration of the A.M.F. Relief Trust Fund\n\n The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.\n\n## Part VI—The Royal Australian Air Force Welfare Trust Fund\n\n#### 30 R.A.A.F. Welfare Trust Fund\n\n (1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.\n (2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 32 Administration of the R.A.A.F. Welfare Trust Fund\n\n The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.\n\n## Part VII—General\n\n#### 34 Application of the Public Governance, Performance and Accountability Act 2013\n\n Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.\n\n#### 36 Regulations\n\n The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:\n (a) for regulating proceedings at meetings of trustees appointed under this Act;\n (b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and\n (c) for prescribing the times at which meetings of any trustees so appointed shall be held.","sortOrder":15},{"sectionNumber":"24","sectionType":"section","heading":"R.A.N. Relief Trust Fund","content":"#### 24 R.A.N. Relief Trust Fund\n\n (1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.\n (2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.","sortOrder":16},{"sectionNumber":"26","sectionType":"section","heading":"Administration of the R.A.N. Relief Trust Fund","content":"#### 26 Administration of the R.A.N. Relief Trust Fund\n\n The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.","sortOrder":17},{"sectionNumber":"Part V","sectionType":"part","heading":"The Australian Military Forces Relief Trust Fund","content":"An Act to establish, from the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources, Trust Funds to be administered in the interests of servicemen, ex‑servicemen and their dependants, and for other purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Services Trust Funds Act 1947.\n\n#### 2 Commencement\n\n This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 4 Interpretation\n\n In this Act, unless the contrary intention appears:\n\n> dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.\n\n> fund means any fund established under this Act.\n\n> member of the Defence Force means a person who is, or was, prior to his discharge or death:\n\n (a) a member of the Navy, Army or Air Force; or\n (b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;\n and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.\n\n> trustees, in relation to any fund, means the trustees for the time being of that fund.\n\n## Part II—Trustees Generally\n\n#### 5 Appointment of trustees\n\n (1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.\n (2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.\n (3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.\n\n#### 6 Trustees to be bodies corporate\n\n (1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.\n (3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.\n\n#### 7 Assets to be vested in trustees\n\n All assets from time to time forming part of any fund shall be vested in the trustees of that fund.\n\n#### 8 Powers of trustees\n\n The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:\n (a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;\n (b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;\n (c) to realise and convert into money any property forming part of the fund;\n (d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;\n (e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and\n (f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.\n\n#### 9 Power of delegation\n\n (1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.\n (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.\n (3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.\n\n#### 10 Benefits and expenses a charge on the fund\n\n All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.\n\n#### 11 Offices to be honorary\n\n (1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.\n (2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.\n\n#### 12 Trustees not personally liable\n\n No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.\n\n#### 13 Trustees may be authorised to administer other property\n\n The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.\n\n#### 14 Trustees and their dependants not eligible to benefit\n\n A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.\n\n## Part IV—The Royal Australian Navy Relief Trust Fund\n\n#### 24 R.A.N. Relief Trust Fund\n\n (1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.\n (2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 26 Administration of the R.A.N. Relief Trust Fund\n\n The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.\n\n## Part V—The Australian Military Forces Relief Trust Fund\n\n#### 27 A.M.F. Relief Trust Fund\n\n (1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.\n (2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 29 Administration of the A.M.F. Relief Trust Fund\n\n The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.\n\n## Part VI—The Royal Australian Air Force Welfare Trust Fund\n\n#### 30 R.A.A.F. Welfare Trust Fund\n\n (1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.\n (2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 32 Administration of the R.A.A.F. Welfare Trust Fund\n\n The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.\n\n## Part VII—General\n\n#### 34 Application of the Public Governance, Performance and Accountability Act 2013\n\n Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.\n\n#### 36 Regulations\n\n The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:\n (a) for regulating proceedings at meetings of trustees appointed under this Act;\n (b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and\n (c) for prescribing the times at which meetings of any trustees so appointed shall be held.","sortOrder":18},{"sectionNumber":"27","sectionType":"section","heading":"A.M.F. Relief Trust Fund","content":"#### 27 A.M.F. Relief Trust Fund\n\n (1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.\n (2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.","sortOrder":19},{"sectionNumber":"29","sectionType":"section","heading":"Administration of the A.M.F. Relief Trust Fund","content":"#### 29 Administration of the A.M.F. Relief Trust Fund\n\n The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.","sortOrder":20},{"sectionNumber":"Part VI","sectionType":"part","heading":"The Royal Australian Air Force Welfare Trust Fund","content":"An Act to establish, from the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources, Trust Funds to be administered in the interests of servicemen, ex‑servicemen and their dependants, and for other purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Services Trust Funds Act 1947.\n\n#### 2 Commencement\n\n This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 4 Interpretation\n\n In this Act, unless the contrary intention appears:\n\n> dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.\n\n> fund means any fund established under this Act.\n\n> member of the Defence Force means a person who is, or was, prior to his discharge or death:\n\n (a) a member of the Navy, Army or Air Force; or\n (b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;\n and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.\n\n> trustees, in relation to any fund, means the trustees for the time being of that fund.\n\n## Part II—Trustees Generally\n\n#### 5 Appointment of trustees\n\n (1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.\n (2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.\n (3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.\n\n#### 6 Trustees to be bodies corporate\n\n (1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.\n (3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.\n\n#### 7 Assets to be vested in trustees\n\n All assets from time to time forming part of any fund shall be vested in the trustees of that fund.\n\n#### 8 Powers of trustees\n\n The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:\n (a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;\n (b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;\n (c) to realise and convert into money any property forming part of the fund;\n (d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;\n (e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and\n (f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.\n\n#### 9 Power of delegation\n\n (1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.\n (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.\n (3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.\n\n#### 10 Benefits and expenses a charge on the fund\n\n All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.\n\n#### 11 Offices to be honorary\n\n (1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.\n (2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.\n\n#### 12 Trustees not personally liable\n\n No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.\n\n#### 13 Trustees may be authorised to administer other property\n\n The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.\n\n#### 14 Trustees and their dependants not eligible to benefit\n\n A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.\n\n## Part IV—The Royal Australian Navy Relief Trust Fund\n\n#### 24 R.A.N. Relief Trust Fund\n\n (1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.\n (2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 26 Administration of the R.A.N. Relief Trust Fund\n\n The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.\n\n## Part V—The Australian Military Forces Relief Trust Fund\n\n#### 27 A.M.F. Relief Trust Fund\n\n (1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.\n (2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 29 Administration of the A.M.F. Relief Trust Fund\n\n The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.\n\n## Part VI—The Royal Australian Air Force Welfare Trust Fund\n\n#### 30 R.A.A.F. Welfare Trust Fund\n\n (1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.\n (2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 32 Administration of the R.A.A.F. Welfare Trust Fund\n\n The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.\n\n## Part VII—General\n\n#### 34 Application of the Public Governance, Performance and Accountability Act 2013\n\n Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.\n\n#### 36 Regulations\n\n The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:\n (a) for regulating proceedings at meetings of trustees appointed under this Act;\n (b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and\n (c) for prescribing the times at which meetings of any trustees so appointed shall be held.","sortOrder":21},{"sectionNumber":"30","sectionType":"section","heading":"R.A.A.F. Welfare Trust Fund","content":"#### 30 R.A.A.F. Welfare Trust Fund\n\n (1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.\n (2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.","sortOrder":22},{"sectionNumber":"32","sectionType":"section","heading":"Administration of the R.A.A.F. Welfare Trust Fund","content":"#### 32 Administration of the R.A.A.F. Welfare Trust Fund\n\n The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.","sortOrder":23},{"sectionNumber":"Part VII","sectionType":"part","heading":"General","content":"An Act to establish, from the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources, Trust Funds to be administered in the interests of servicemen, ex‑servicemen and their dependants, and for other purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Services Trust Funds Act 1947.\n\n#### 2 Commencement\n\n This Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 4 Interpretation\n\n In this Act, unless the contrary intention appears:\n\n> dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.\n\n> fund means any fund established under this Act.\n\n> member of the Defence Force means a person who is, or was, prior to his discharge or death:\n\n (a) a member of the Navy, Army or Air Force; or\n (b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;\n and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.\n\n> trustees, in relation to any fund, means the trustees for the time being of that fund.\n\n## Part II—Trustees Generally\n\n#### 5 Appointment of trustees\n\n (1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.\n (2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.\n (3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.\n\n#### 6 Trustees to be bodies corporate\n\n (1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n (2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.\n (3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.\n\n#### 7 Assets to be vested in trustees\n\n All assets from time to time forming part of any fund shall be vested in the trustees of that fund.\n\n#### 8 Powers of trustees\n\n The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:\n (a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;\n (b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;\n (c) to realise and convert into money any property forming part of the fund;\n (d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;\n (e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and\n (f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.\n\n#### 9 Power of delegation\n\n (1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.\n (2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.\n (3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.\n\n#### 10 Benefits and expenses a charge on the fund\n\n All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.\n\n#### 11 Offices to be honorary\n\n (1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.\n (2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.\n\n#### 12 Trustees not personally liable\n\n No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.\n\n#### 13 Trustees may be authorised to administer other property\n\n The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.\n\n#### 14 Trustees and their dependants not eligible to benefit\n\n A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.\n\n## Part IV—The Royal Australian Navy Relief Trust Fund\n\n#### 24 R.A.N. Relief Trust Fund\n\n (1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.\n (2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 26 Administration of the R.A.N. Relief Trust Fund\n\n The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.\n\n## Part V—The Australian Military Forces Relief Trust Fund\n\n#### 27 A.M.F. Relief Trust Fund\n\n (1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.\n (2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 29 Administration of the A.M.F. Relief Trust Fund\n\n The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.\n\n## Part VI—The Royal Australian Air Force Welfare Trust Fund\n\n#### 30 R.A.A.F. Welfare Trust Fund\n\n (1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.\n (2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.\n\n#### 32 Administration of the R.A.A.F. Welfare Trust Fund\n\n The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.\n\n## Part VII—General\n\n#### 34 Application of the Public Governance, Performance and Accountability Act 2013\n\n Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.\n\n#### 36 Regulations\n\n The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:\n (a) for regulating proceedings at meetings of trustees appointed under this Act;\n (b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and\n (c) for prescribing the times at which meetings of any trustees so appointed shall be held.","sortOrder":24},{"sectionNumber":"34","sectionType":"section","heading":"Application of the Public Governance, Performance and Accountability Act 2013","content":"#### 34 Application of the Public Governance, Performance and Accountability Act 2013\n\n Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.","sortOrder":25},{"sectionNumber":"36","sectionType":"section","heading":"Regulations","content":"#### 36 Regulations\n\n The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:\n (a) for regulating proceedings at meetings of trustees appointed under this Act;\n (b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and\n (c) for prescribing the times at which meetings of any trustees so appointed shall be held.","sortOrder":26}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original intent was narrowly focused on converting WWII canteen profits into welfare funds for wartime servicemen and their dependants. Over time, the scope has broadened — the definition of 'member of the Defence Force' encompasses ongoing peacetime service members, not just WWII veterans, and the funds continue to accept new contributions from 'other sources', meaning they are no longer limited to the original wartime canteen windfall. The funds have effectively become ongoing welfare mechanisms for all Defence Force members and their families, well beyond their wartime origins."},"complexity_factors":["Interaction with a separate modern governance statute (Public Governance, Performance and Accountability Act 2013), including specific carve-outs from that Act's provisions","Three parallel fund structures with identical governance rules, requiring cross-referencing","Broad discretionary powers given to trustees with limited guidance on how they must be exercised, creating uncertainty for potential beneficiaries","Historical context (WWII canteen origins) needed to understand the fund's purpose and original funding source","Missing parts (Parts III and numbered gaps like section 3) suggest the document is incomplete, which could cause confusion","Delegation provisions with nuanced rules about how discretionary decisions can be delegated","Ministerial power to terminate trustee appointments at any time sits alongside an exclusion of standard accountability protections, creating an unusual governance tension"],"plain_english_summary":"## What is this law about?\n\nThe **Services Trust Funds Act 1947** sets up three separate welfare funds to support Australian military personnel, veterans, and their families. The funds were originally seeded from profits made by military canteens (on-base shops and food outlets) during World War II, which began on 3 September 1939.\n\n## The three funds\n\n- 🚢 **Royal Australian Navy Relief Trust Fund** — for Navy personnel and their families\n- 🪖 **Australian Military Forces Relief Trust Fund** — for Army personnel and their families\n- ✈️ **Royal Australian Air Force Welfare Trust Fund** — for Air Force personnel and their families\n\n## Who can benefit?\n\nYou may be eligible if you are:\n- A **current or former** member of the Navy, Army, or Air Force\n- A member of a nursing or women's service attached to the Defence Force\n- Canteen staff on Navy ships, or civilians officially accredited to the Defence Force on full-time paid duty\n- A **dependant** (family member or someone financially reliant on) any of the above — the trustees have broad discretion to decide who qualifies as a dependant\n\n**Important exclusion:** Trustees and their own dependants cannot receive benefits from the fund they manage.\n\n## How do the funds work?\n\nEach fund is managed by a group of **trustees** (people appointed to manage money on behalf of others) who are appointed and can be dismissed by the relevant Minister at any time. Key points:\n\n- Trustees form a **corporate body** (a legal entity that can own property, sign contracts, and go to court)\n- Trustees serve **voluntarily** — they cannot be paid for their work, but can be reimbursed for travel and expenses\n- Trustees **cannot be personally sued** for decisions made in good faith while doing their job\n- Trustees can invest fund money, hire staff, make payments to beneficiaries, and appoint regional committees to help deliver benefits locally\n- Trustees can delegate (hand off) most of their powers to committees or individuals, but cannot delegate that delegation power itself\n\n## Oversight\n\nThe funds are subject to the *Public Governance, Performance and Accountability Act 2013* (a law governing how Commonwealth government entities manage public money and report on their performance), **except** for one specific investment rule that doesn't apply here — giving the trustees slightly more flexibility in how they invest fund money.\n\n## Why does this matter to you?\n\nIf you've served in the Australian Defence Force — or you're the family member of someone who has — these funds exist to provide financial relief and welfare support. The type and amount of benefit is at the trustees' discretion, meaning there's no fixed entitlement, but you can apply and the trustees must genuinely consider your case."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"4 (definition of 'dependant')","severity":"medium","reasoning":"The definition of 'dependant' is entirely contingent on trustees' opinion about whether a person should receive a benefit from the fund. The concept of 'dependant' is doing definitional work to identify who qualifies for benefits, yet the definition itself is resolved by asking whether the trustees think benefits are justified. This means 'dependant' has no independent content — it simply means 'whoever the trustees decide should benefit', rendering the term legally circular and substantively meaningless.","confidence":0.82,"description":"Circular definition: 'dependant' is defined by reference to trustees' opinion that a person's relationship justifies 'receipt by that person of benefit from that fund', but whether a person is a dependant determines their eligibility for that very benefit."},{"type":"circular_definition","section":"4 (definition of 'fund')","severity":"low","reasoning":"The definition of 'fund' as 'any fund established under this Act' is not strictly circular, but it provides no operative establishment mechanism itself — it relies entirely on the specific fund-creation sections (24, 27, 30). Were those sections absent, the definition would be hollow. The definition also potentially sweeps in any future fund purportedly established under the Act without any general mechanism to do so.","confidence":0.65,"description":"Circular definition: 'fund' means any fund established under this Act, but the Act never provides a mechanism to establish funds in Parts II or VII — funds only come into existence by being named in Parts IV, V and VI. The general definition bootstraps on the specific provisions rather than providing independent meaning."},{"type":"self_contradicting","section":"5(1) and 5(3)","severity":"medium","reasoning":"The Act grants the Minister absolute discretion to terminate any trustee at any time (s.5(2)), yet then goes to the trouble of specifically disapplying the PGPA's conduct-based termination provision (s.5(3)). If the Minister can already terminate anyone for any reason (or no reason), disapplying the specific misconduct ground is practically redundant but symbolically troubling — it signals that misconduct is not an operative ground, yet unrestricted termination power exists anyway. The net effect is incoherent: trustees have no tenure protection yet the specific accountability removal mechanism is excluded.","confidence":0.75,"description":"Section 5(3) disapplies s.30 of the PGPA Act 2013 (which deals with termination for contravening general duties) 'despite subsection 30(6)' of that Act. This creates an absurdity: s.5(2) already grants the Minister unfettered power to terminate at any time, making the carve-out in s.5(3) simultaneously redundant and potentially harmful — trustees can be terminated for no reason at all, yet the specific accountability-based termination ground is expressly excluded."},{"type":"self_contradicting","section":"11(1) and 11(2)","severity":"low","reasoning":"While the distinction between remuneration and expense reimbursement is legally recognised, the unqualified phrase 'other expenses' in s.11(2) lacks any cap, definition, or limiting criteria beyond ministerial approval of the rate. In practice, 'other expenses' at a ministerially approved rate could encompass per diems or similar allowances that blur the line with remuneration, partially hollowing out the honorary obligation in s.11(1).","confidence":0.6,"description":"Section 11(1) states trustees are not entitled to 'remuneration for any work done', but s.11(2) allows payment of 'travelling and other expenses'. The phrase 'other expenses' is broad enough to potentially encompass what would ordinarily be characterised as remuneration, undermining the honorary nature of the office purportedly established by s.11(1)."},{"type":"impossible_compliance","section":"14","severity":"medium","reasoning":"The Act is expressly intended to benefit servicemen and ex-servicemen. Appointing a veteran as trustee permanently (or at least for the duration of their office) excludes them from benefits they would otherwise be entitled to. There is no provision allowing a trustee to resign in order to receive a benefit, nor any clarification about whether former trustees regain eligibility upon leaving office. The word 'is' rather than 'is or was' technically limits the exclusion to current trustees, but this creates an incentive to strategically resign to access benefits, which itself undermines the trustee role.","confidence":0.72,"description":"A trustee who is themselves a veteran or ex-serviceman would be categorically excluded from benefiting from the fund they administer, despite being within the class of intended beneficiaries of the Act. The Act creates no mechanism to cure this conflict by resignation or otherwise — a trustee cannot benefit even if they leave office, since s.14 applies to persons 'who is a trustee' without any temporal qualification indicating that former trustees regain eligibility."},{"type":"self_contradicting","section":"8(b) and 34","severity":"low","reasoning":"By disapplying s.59 PGPA (the investment section) while retaining applicability of the PGPA generally (per the Note to s.6(1)), and by tethering investment power in s.8(b) to whatever other Acts allow, the regime leaves it unclear which investment rules actually apply. The Note to s.6(1) confirms the PGPA generally applies, yet s.34 specifically carves out the investment provision. This could mean the general PGPA duties still constrain investment decisions even though the specific investment section does not.","confidence":0.58,"description":"Section 8(b) grants trustees power to invest in any manner 'for the time being allowed by any Act or State Act for the investment of trust funds', while s.34 disapplies s.59 of the PGPA Act 2013 (which specifically governs investment by corporate Commonwealth entities). The interaction creates an uncertain regime: s.34 removes the PGPA investment constraint, yet s.8(b) still tethers trustees to external investment rules including potentially other provisions of the PGPA or State trustee Acts."},{"type":"impossible_compliance","section":"5(1)","severity":"low","reasoning":"This is a classic bootstrapping problem in trust fund legislation: the fund requires trustees to exist and operate, but the power to appoint trustees is itself conditioned on funds existing. While this is commonly resolved in practice by concurrent action, the Act itself provides no ordering mechanism, creating a theoretical moment of legal limbo at commencement.","confidence":0.55,"description":"The Minister must appoint trustees 'in respect of each fund', but funds only come into existence when the Act commences and the specific fund-creating provisions operate. Before trustees are appointed, there is no one with authority to administer the funds, receive assets, or exercise any power under the Act — yet the Act provides no transitional mechanism or bootstrap procedure for the initial appointment."}],"contradictions":[{"severity":"medium","section_a":"5(2)","section_b":"5(3)","confidence":0.78,"description":"Section 5(2) gives the Minister an unconditional power to terminate any trustee 'at any time', while s.5(3) specifically disapplies the PGPA misconduct-based termination ground. The result is contradictory in purpose: a trustee can be removed arbitrarily but the specific accountability-based removal mechanism is expressly excluded, suggesting protections exist where none do."},{"severity":"low","section_a":"11(1)","section_b":"11(2)","confidence":0.62,"description":"Section 11(1) provides that trustees shall not receive 'remuneration for any work done', establishing offices as honorary. Section 11(2) permits payment of 'travelling and other expenses' at a ministerially approved rate. The breadth of 'other expenses' and the existence of a formal rate approval process sits in tension with the honorary nature of the office declared in s.11(1)."},{"severity":"low","section_a":"8(b)","section_b":"34","confidence":0.6,"description":"Section 8(b) authorises investment 'in any manner for the time being allowed by any Act or State Act for the investment of trust funds', which is a broad, externally-referenced power. Section 34 then disapplies s.59 of the PGPA Act (the specific Commonwealth investment provision for corporate entities). These provisions pull in opposite directions: s.8(b) expands the investment universe by reference to external law, while s.34 contracts it by removing a specific Commonwealth constraint, leaving the applicable investment regime genuinely uncertain."},{"severity":"medium","section_a":"14","section_b":"Preamble / Long Title","confidence":0.7,"description":"The Long Title declares the Act's purpose is to establish funds 'to be administered in the interests of servicemen, ex-servicemen and their dependants'. Section 14 categorically excludes trustees (who may themselves be servicemen or ex-servicemen) and their dependants from receiving any benefits. This directly contradicts the Act's stated purpose of benefiting that class of persons."},{"severity":"low","section_a":"9(1)","section_b":"6(1)","confidence":0.55,"description":"Section 6(1) constitutes trustees as a body corporate, meaning they act collectively as a legal entity. Section 9(1) allows delegation 'to any person' of trustees' powers and functions. Read together, the body corporate with perpetual succession can delegate essentially all its substantive functions to a single natural person, potentially reducing the collective trustee structure to a nominal fiction."},{"severity":"low","section_a":"12","section_b":"6(1)","confidence":0.52,"description":"Section 6(1) provides that the trustees as a body corporate may sue or be sued in their corporate name. Section 12 provides that no person holding office as trustee shall be personally liable for anything bona fide done or omitted. While personal liability and corporate liability are legally distinct, the combination means the trustee body corporate can be sued, but the individual trustees who constitute and control it bear no personal liability, creating a potential accountability gap if the corporate entity is without assets."}]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose established in 1947: administering trust funds derived from wartime canteen profits for the benefit of service personnel and their dependants. While modern amendments have updated governance arrangements (particularly regarding the Public Governance, Performance and Accountability Act 2013), the core scope of establishing and managing the three service-specific relief funds has not expanded beyond the original intent."},"complexity_factors":["Only 4 defined terms in the interpretation section (dependant, fund, member of the Defence Force, trustees)","Straightforward structure with 7 Parts, but Parts III is missing from the provided text (likely repealed or omitted in this version)","Minimal cross-referencing—only references to the Public Governance, Performance and Accountability Act 2013 in sections 5(3) and 34","Simple conditional logic with clear powers and limitations","Repetitive structure across the three service-specific funds (Navy, Army, Air Force) with nearly identical provisions","No nested exceptions or complex provisos","Modern amendments have added some complexity by excluding certain provisions of the PGPA Act, but these are clearly signposted"],"plain_english_summary":"This Act creates three separate trust funds to support Australian Defence Force members, veterans, and their families using money originally raised from military canteens during World War II.\n\n**What it does:**\n- Establishes three funds: one for the Navy, one for the Army, and one for the Air Force\n- Each fund is managed by trustees appointed by the Minister\n- The trustees can provide financial benefits, grants, or assistance to current and former service members and their dependants (family members who relied on them)\n- The funds can invest money, pay for administrative costs, and delegate decisions to regional committees\n\n**Who it affects:**\n- Current and former members of the Navy, Army, and Air Force\n- Nursing and women's auxiliary services attached to the Defence Force\n- Canteen staff who served on Navy ships\n- Family members and dependants of service members\n- Trustees who manage the funds (volunteer positions with no salary, though they can claim expenses)\n\n**Why it matters:**\nThis legislation ensures that profits from wartime canteens—originally set up to support troops—continue to benefit the military community decades later. It creates a permanent structure for charitable support of service personnel, with built-in protections like:\n- Trustees cannot personally benefit from the funds\n- Trustees are protected from personal liability for honest mistakes\n- The funds operate as independent legal entities (bodies corporate) that can own property and sue or be sued\n\nThe Act has been updated over time to interact with modern public governance laws, specifically carving out certain rules about how trustees can be removed and how investments are managed."},"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/services-trust-funds-act-1947","history":"/api/acts/services-trust-funds-act-1947/history","analysis":"/api/acts/services-trust-funds-act-1947/analysis","conflicts":"/api/acts/services-trust-funds-act-1947/conflicts","importantCases":"/api/acts/services-trust-funds-act-1947/important-cases","documents":"/api/acts/services-trust-funds-act-1947/documents"}}