{"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":"The Act establishes three separate welfare trust funds for Navy, Army and Air Force personnel, veterans, attached nursing/women’s services, certain canteen/civilian staff and their dependants — originally seeded from WWII canteen profits — to provide discretionary financial relief and welfare support.\n\nMinister‑appointed volunteer trustees run the funds, can invest and delegate powers, are protected from personal liability and excluded from benefiting themselves; the funds are largely subject to PGPA oversight. Eligibility and payments are at trustees’ discretion."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act continues the original purpose set out in its preamble: to vest wartime canteen profits and related assets in statutory trustees and apply them for the benefit of servicemen, ex‑servicemen and their dependants. The current text retains the same beneficiary classes and core funding source, while adding governance detail (trustee corporate status, delegation, PGPA cross‑references) rather than broadening the class of recipients or materially changing the funds' core purpose."},"complexity_factors":["Multiple parallel funds with the same governance model (RAN, A.M.F., R.A.A.F.) adds replication of rules across entities (ss24–32, 27–29, 30–32).","Ministerial appointment and unfettered termination power over trustees concentrates executive control (s5(1)–(2)).","Trustees are bodies corporate with property, litigation and investment powers, creating corporate‑entity compliance requirements (s6, s7, s8(b)).","Trustees have broad, discretionary authority to determine beneficiaries and define 'dependant' by their opinion, creating subjective eligibility tests (definition of 'dependant' in s4; s8(a)).","Delegation and regional committees permit decentralised exercise of discretionary powers and transfer of subjective decision‑making (s8(f), s9(1)–(3)).","Specific statutory exemptions and cross‑references to the Public Governance, Performance and Accountability Act 2013 introduce governance carve‑outs and interaction complexity (s5(3), s34 and note to s6).","Funds are self‑funding: all benefits and administration costs are charged to each fund, concentrating financial risk within each trust (s10).","Minister may authorise trustees to administer unrelated property via Gazette instrument, expanding asset management responsibilities (s13).","Trustees are unpaid but may receive ministerially approved expense allowances, affecting incentives and potential administrative capacity (s11).","Regulation‑making power allows further procedural detail to be prescribed, leaving operational specifics to delegated instruments (s36)."],"plain_english_summary":"This Act creates three statutory trust funds (Navy, Army, Air Force) seeded from wartime canteen profits and other assets and requires trustees to hold, invest and apply those assets to provide benefits to members, ex‑members and their dependants. The Minister appoints (and may remove) trustees; trustees—unpaid and indemnified—have wide discretion to decide eligibility, invest, delegate and run regional committees, and all benefits and proper administration expenses are payable from the relevant fund."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"}}