{"id":"nsw:act-1943-007","name":"T.B. Sailors and Soldiers’ Association of New South Wales Incorporation Act 1943","slug":"t-b-sailors-and-soldiers-association-of-new-south-wales-incorporation-act-1943","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"7 of 1943","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111474,"registerId":"nsw-act-1943-007-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [T.B. Sailors and Soldiers’ Association of New South Wales Incorporation Act 1943](/view/html/inforce/current/act-1943-007).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> > (1) In this Act unless the context or subject-matter otherwise indicates or requires:\n> > \n> > Constitution means the constitution for the time being of the T.B. Sailors and Soldiers’ Association of New South Wales.\n> > \n> > Corporation means the body incorporated by this Act.\n> > \n> > Association means the T.B. Sailors and Soldiers’ Association of New South Wales.\n> > \n> > Executive means the Executive for the time being appointed under the constitution.\n> > \n> > Secretary means secretary for the time being of the Association.\n> \n> > (2) The constitution, rules, and by-laws of the Association as existing immediately before the commencement of this Act, shall, subject to this Act, be the constitution of the corporation at such commencement.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Incorporation of Association","content":"#### 3 Incorporation of Association\n\n3 Incorporation of Association\n\n> The members for the time being of the Association shall be a body corporate under the name of the “T.B. Sailors and Soldiers’ Association of New South Wales” and by that name shall have perpetual succession and a common seal and may sue and be sued, and shall be capable of purchasing, holding, granting, demising, disposing of and alienating real and personal property, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Change of name of corporation","content":"#### 3A Change of name of corporation\n\n3A Change of name of corporation\n\n> > (1) As from the commencement of the [T.B. Sailors and Soldiers’ Association of New South Wales Incorporation (Amendment) Act 1949](/view/pdf/asmade/act-1949-15):\n> > \n> > > (a) the name of the body corporate constituted by section three of this Act shall be the “T.B. Sailors, Soldiers and Airmen’s Association of New South Wales”,\n> > \n> > > (b) a reference in any Act or other instrument to the T.B. Sailors and Soldiers’ Association of New South Wales shall be read and construed as a reference to the T.B. Sailors, Soldiers and Airmen’s Association of New South Wales.\n> \n> > (2) Nothing contained in the [T.B. Sailors and Soldiers’ Association of New South Wales Incorporation (Amendment) Act 1949](/view/pdf/asmade/act-1949-15) shall prejudice or affect in any way the continuity of the body corporate constituted by section three of this Act, but the same shall continue notwithstanding the provisions of the said Act.\n> \n> > (3) The alteration of name effected by subsection one of this section shall not affect any property, powers, rights, authorities, duties, functions, liabilities or obligations of the said body corporate, or render defective any legal or other proceedings instituted or to be instituted by or against the said body corporate.\n> > \n> > Any legal or other proceedings may be continued or commenced by or against the corporation by the name of the T.B. Sailors, Soldiers and Airmen’s Association of New South Wales that might have been continued or commenced by or against the corporation by the name of the T.B. Sailors and Soldiers’ Association of New South Wales.\n> \n> **s 3A:** Ins 1949 No 15, sec 2.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Schedule","content":"#### 4 Schedule\n\n4 Schedule\n\n> The provision of the Schedule to this Act shall be deemed and taken to have the same force and effect as if contained herein.","sortOrder":4},{"sectionNumber":"sch","sectionType":"schedule","heading":"Rights liabilities, and property","content":"# sch Rights liabilities, and property\n\nSchedule\n\n(Section 4)\n\nRights liabilities, and property\n\nCommon seal\n\nNotices\n\nConstitution and amendments thereof to be registered\n\nOffice","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":null,"content":"#### 5\n\n5\n\nThe corporation may pursue the same remedies for the recovery of any such moneys and claims, and for the prosecution of such suits, actions, and proceedings as the Association or any person for or on behalf of the Association might have done but for this Act.","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6\n\nThe corporation may enforce and realise any security or charge existing at the commencement of this Act in favour of the Association or any person for or on behalf of the Association in respect of any such moneys and claims as if such security or charge were existing in favour of the corporation.","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"#### 7\n\n7\n\nAll debts due and moneys payable by, and all claims, liquidated and unliquidated, recoverable against the Association or any person for or on behalf of the Association shall be debts due and moneys payable by and claims recoverable against the corporation.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8\n\nIt shall be lawful for the Executive at any time to design and to change or alter the common seal of the corporation.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":null,"content":"#### 9\n\n9\n\nThe common seal shall be kept in the custody of the secretary and shall not be affixed to any instrument except in pursuance of a resolution of the Executive.\n\nAny instrument executed in pursuance of any such resolution shall be attested by the signature of any two members of the Executive.","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n10\n\nAll courts, judges, and persons acting judicially shall take judicial notice of the common seal of the corporation affixed to any deed or instrument, and shall, where the instrument purports to have been executed in accordance with clause nine of this Schedule, presume that such seal was properly affixed thereto.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":null,"content":"#### 11\n\n11\n\nAny notice, summons, writs or other proceeding required to be served upon the trust may be served by being left at the office of the corporation.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":null,"content":"#### 12\n\n12\n\nEvery notice, order, summons or other like document requiring authentication by the corporation may be sufficiently authenticated without the seal of the corporation if signed by the secretary.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":null,"content":"#### 13\n\n13\n\nAs soon as practicable after the commencement of this Act an instrument certified under the seal of the corporation to be a copy of the constitution shall be registered in the office of the Registrar-General in the manner prescribed by regulations made under the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) as amended by subsequent Acts; and upon any alteration in the said constitution there shall be registered in the said office in like manner an instrument certified under the said seal setting forth the terms of the said alteration.\n\nThe production of a copy of any instrument so registered, certified by the Registrar-General or a Deputy Registrar-General, shall be received in all courts as conclusive evidence of the contents of the instrument; and in favour of any person dealing bona-fide and for value with the corporation shall, together with this Act, be conclusive evidence of the objects and powers for the time being of the corporation unless such person shall have notice to the contrary.","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14\n\nAs soon as practicable after the commencement of this Act a notification of the address of the office of the corporation in or to the effect of the form and in the manner prescribed by regulations made under the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) as amended by subsequent Acts, shall be registered in the office of the Registrar-General and a like notification of every change of address shall be registered in like manner.","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":null,"content":"#### 15\n\n15\n\nIt shall be the duty of the secretary to take all necessary steps to comply with the provisions of clauses thirteen and fourteen of this Schedule.","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16\n\nThe persons who, immediately before the commencement of this Act, hold office as members of the Executive shall continue to hold such office until their successors are elected or appointed in accordance with the constitution.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":null,"content":"#### 17\n\n17\n\nThe secretary and other officers and employees of the Association holding office immediately before the commencement of this Act shall continue to hold their respective offices until the same are terminated in accordance with the constitution.","sortOrder":22}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation has remained tightly focused on its original purpose: incorporating the T.B. Sailors and Soldiers' Association and providing the legal framework for its operation. The 1949 amendment expanded the name to include airmen, but this was a natural evolution reflecting the post-WWII structure of Australia's armed services rather than a fundamental shift in scope. The Act has not grown to regulate broader veterans' affairs or tuberculosis policy — it remains a simple incorporation statute."},"complexity_factors":["Short statute with only 4 main sections plus a schedule of 17 clauses","Only 5 defined terms in the interpretation section","Minimal cross-referencing — primarily references to the Conveyancing Act 1919 for registration procedures","Straightforward property transfer mechanism without conditional exceptions","Single amendment (1949) integrated cleanly with savings provisions to ensure continuity","No nested definitions or recursive conditional logic","Procedural requirements (common seal use, registration) are explicit and unqualified"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal \"body corporate\" (essentially, it gives the organisation legal personhood — like a company) for an association that supports veterans with tuberculosis (TB). Before this law, the association existed but couldn't own property or sue people in its own name. This Act fixes that.\n\n**Who it affects:**\n\n- **The T.B. Sailors and Soldiers' Association of New South Wales** — a support organisation for sailors and soldiers suffering from tuberculosis. The Act originally covered sailors and soldiers, but was later expanded (in 1949) to include airmen as well, changing the name to the \"T.B. Sailors, Soldiers and Airmen's Association of New South Wales.\"\n- **The members** of this association, who become part of a legally recognised corporation.\n- **Trustees** who previously held property on behalf of the association — the Act transfers that property directly to the new corporation.\n\n**Key things the law does:**\n\n- **Incorporates the association**: Turns the unincorporated association into a legal entity that can own property, enter contracts, sue and be sued, and continue to exist even as members come and go (\"perpetual succession\").\n- **Transfers assets**: All property, money, debts, and legal claims that belonged to the association (or were held in trust for it) automatically transfer to the new corporation.\n- **Continues legal matters**: Any court cases or contracts involving the association continue seamlessly under the new corporate structure.\n- **Sets up corporate governance**: Establishes rules for a common seal (the official stamp used to sign documents), how it must be used, and how the association's constitution must be registered with the government.\n- **Protects the name change**: When the name was expanded in 1949 to include airmen, this law ensured all existing rights, property, and legal proceedings continued uninterrupted under the new name.\n\n**Why it matters:**\n\nWithout this Act, the association couldn't own its own buildings, hold bank accounts in its own name, or enforce contracts. Incorporation gives the veterans' organisation the legal tools to operate effectively, manage donations and property, and advocate for its members. The 1949 amendment reflects the changing nature of Australia's armed forces after World War II, when air power became central to military operations."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act's substantive scope is unchanged; it incorporates the Association, transfers its property, rights and liabilities to the corporation, and preserves officers and procedures. The 1949 amendment (s 3A) alters only the corporate name to include 'Airmen' and expressly preserves continuity and all existing powers, liabilities and proceedings."},"complexity_factors":["s 3: creates corporate personality and general corporate powers (straightforward incorporation)","sch cl 1–7: mechanical vesting and transfer of property, contracts, suits, claims and liabilities to the corporation (broad legal effect on third-party rights and obligations)","s 3A: post-enactment name change and express preservation of continuity and ongoing liabilities (amendment history affects statutory reading)","sch cl 13–15: registration duties for constitution and office address with the Registrar‑General under Conveyancing Act regulations (cross-reference to external regulatory regime adds administrative steps)","sch cl 8–11: common seal custody, execution formalities and judicial notice (formalities governing execution and proof)","sch cl 16–17: continuity of executive and employees until successors per the constitution (interaction with internal rules)","Limited subject matter and plain drafting reduce interpretive ambiguity, but practical compliance depends on following registration and execution formalities."],"plain_english_summary":"This Act makes the T.B. Sailors and Soldiers’ Association of New South Wales a body corporate with perpetual succession, a common seal, and legal capacity to hold property, enter contracts, sue and be sued. It transfers all pre-existing property, contracts, claims, suits and debts to the corporation.\n\nIt keeps officers in post until successors under the constitution, requires registration of the constitution and office address with the Registrar‑General, regulates the seal and authentication, and (by a 1949 amendment) changes the corporate name to add 'Airmen' while preserving continuity."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Based on available metadata, the Act appears to have remained in its original form since 21 July 1949 with no amendments recorded. Its scope — incorporating a single specific veterans' association — appears unchanged from its original intent."},"complexity_factors":["The actual legislative text is not reproduced — only metadata and website navigation is visible, making full analysis impossible","Based on available information, this is a single-purpose incorporation Act with an extremely narrow scope","No amending legislation appears to have been enacted since 1949, suggesting minimal legal complexity","Historical private incorporation Acts of this type are typically very short and straightforward in their operation"],"plain_english_summary":"This Act gives legal personality to the T.B. Sailors and Soldiers' Association of New South Wales, enabling it to own property, enter contracts and sue or be sued in its own name. It therefore affects the association, its members and anyone contracting or litigating with it.\n\nPassed as a bespoke incorporation law (a common approach for veteran charities at the time), it has been in force since 21 July 1949 but is likely of negligible practical relevance today."}},"importantCases":[],"_links":{"self":"/api/acts/t-b-sailors-and-soldiers-association-of-new-south-wales-incorporation-act-1943","history":"/api/acts/t-b-sailors-and-soldiers-association-of-new-south-wales-incorporation-act-1943/history","analysis":"/api/acts/t-b-sailors-and-soldiers-association-of-new-south-wales-incorporation-act-1943/analysis","conflicts":"/api/acts/t-b-sailors-and-soldiers-association-of-new-south-wales-incorporation-act-1943/conflicts","importantCases":"/api/acts/t-b-sailors-and-soldiers-association-of-new-south-wales-incorporation-act-1943/important-cases","documents":"/api/acts/t-b-sailors-and-soldiers-association-of-new-south-wales-incorporation-act-1943/documents"}}