{"id":"young-mens-christian-association-ballarat-guarantee-act-1979","name":"Young Men's Christian Association of Ballarat (Guarantee) Act 1979","slug":"young-men-s-christian-association-of-ballarat-guarantee-act-1979","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173343,"registerId":"vic-young-mens-christian-association-ballarat-guarantee-act-1979-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Young Men's Christian Association of Ballarat (Guarantee) Act 1979","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nYoung Men's Christian Association of\nBallarat (Guarantee) Act 1979\nAct No. 9310/1979\nVersion as at 18 February 2003\nTABLE OF PROVISIONS\nSection Page\n1. Short title and commencement 2\n2. Definitions 2\n3. Power to Treasurer to execute guarantee 2\n4. Consolidated Fund 3\n═══════════════\nENDNOTES 4\n1. General Information 4\n2. Table of Amendments 5\n3. Explanatory Details 6\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nYoung Men's Christian Association of\nBallarat (Guarantee) Act 1979\nAct No. 9310/1979\nVersion as at 18 February 2003\nAn Act to authorize the Treasurer of Victoria to guarantee the\nRepayment of certain Moneys proposed to be borrowed by the\nYoung Men's Christian Association of Ballarat and for other\npurposes.\nPreamble\nWHEREAS the Young Men's Christian\nAssociation of Ballarat (hereafter in this preamble\ncalled \"the Association\") is a company limited by\nguarantee and incorporated pursuant to the\nprovisions of the Companies Act 1890:\nAND WHEREAS it is one of the objects of the\nAssociation to promote better recreation for young\npeople:\nAND WHEREAS the Association is to undertake\nthe erection of recreation facilities on lands in\nBallarat of which it is the registered proprietor of\nan estate in fee simple:\nAND WHEREAS the Government of Victoria is\ndesirous of helping the Association in carrying out\nthe undertaking:\nAND WHEREAS to meet the estimated cost of the\nundertaking it will be necessary for the Association\nto borrow certain moneys and it will be able to\nborrow the moneys required if repayment thereof\nis guaranteed by the Government of Victoria:\nAND WHEREAS it is expedient to make\nprovision as hereinafter enacted:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9310/1979\nYoung Men's Christian Association of Ballarat (Guarantee) Act\n1979\n2\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of\nthe Legislative Council and the Legislative Assembly of\nVictoria in this present Parliament assembled and by the\nauthority of the same as follows (that is to say):\n1. Short title and commencement\n(1) This Act may be cited as the Young Men's\nChristian Association of Ballarat (Guarantee)\nAct 1979.\n(2) This Act shall come into operation on the day on\nwhich it receives the Royal Assent.\n2. Definitions\nIn this Act—\n\"Association\" means the Young Men's Christian\nAssociation of Ballarat, a company limited\nby guarantee and incorporated pursuant to\nthe provisions of the Companies Act 1890;\n\"Treasurer\" means the Treasurer of Victoria.\n3. Power to Treasurer to execute guarantee\n(1) The Treasurer may execute in favour of any\nperson a guarantee guaranteeing the repayment of\na loan not exceeding the amount of $500 000\nmade or to be made by that person to the\nAssociation.\n(2) A guarantee by the Treasurer pursuant to sub-\nsection (1)—\n(a) shall, subject to this sub-section, be in such\nform and subject to such terms and\nconditions as he thinks fit;\n(b) may extent to any interest charges and other\nexpenses chargeable by the person making\nthe loan and the expenses of enforcing or\nobtaining or endeavouring to enforce or\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9310/1979\nYoung Men's Christian Association of Ballarat (Guarantee) Act\n1979\n3\nobtain repayment of the loan and those\ninterest charges and expenses;\n(c) shall be subject to a condition that the person\nmaking the loan shall obtain, take and hold\nor retain and hold securities of such nature as\nthe Treasurer may require for the repayment\nof the loan and the payment of any interest\ncharges and expenses;\n(d) shall be subject to a condition that the person\nmaking the loan shall not without the prior\nconsent in writing of the Treasurer assign or\nencumber the benefit of the guarantee; and\n(e) shall not be enforceable against the Treasurer\nunless and until the person making the loan\nhas, to the Treasurer's satisfaction, exercised\nits rights and remedies under all securities\nheld by or for it in respect of the loan and\nany interest charges and expenses.\n4. Consolidated Fund\n(1) Such sums as may from time to time become due\nand payable by the Treasurer under any guarantee\nauthorized by this Act shall be paid out of the\nConsolidated Fund (which is hereby to the\nnecessary extent appropriated accordingly).\n(2) Such sums as may from time to time be received\nor recovered by the Treasurer in respect of any\namounts paid under a guarantee authorized by this\nAct shall be paid into the Consolidated Fund.\n═══════════════\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9310/1979\nYoung Men's Christian Association of Ballarat (Guarantee) Act\n1979\n4\nENDNOTES\n1. General Information\nThe Young Men's Christian Association of Ballarat (Guarantee) Act\n1979 was assented to on 11 December 1979 and came into operation on\n11 December 1979: section 1(2).\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9310/1979\nYoung Men's Christian Association of Ballarat (Guarantee) Act\n1979\n5\n2. Table of Amendments\nThere are no amendments made to the Young Men's Christian Association\nof Ballarat (Guarantee) Act 1979 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9310/1979\nYoung Men's Christian Association of Ballarat (Guarantee) Act\n1979\n6\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to have remained exactly as originally enacted in 1979, with no amendments recorded. Its scope — a government guarantee for a single named organisation — is inherently self-limiting and shows no sign of having been broadened or narrowed over time."},"complexity_factors":["Extremely narrow and single-purpose legislation with no broad application","Very limited text available for analysis — the document appears to contain mostly metadata and version history rather than substantive provisions","No complex definitions, regulatory frameworks, or enforcement mechanisms apparent","Single named beneficiary with a single financial mechanism (guarantee)","Historical legislation from 1979 with no known amendments or significant activity"],"plain_english_summary":"The Act gives the Victorian Government’s guarantee to the Young Men’s Christian Association of Ballarat, effectively backing its borrowing so the organisation could obtain funds it might not otherwise access.\n\nIt mainly affected the YMCA, any lender relying on that promise, and — ultimately — Victorian taxpayers; it is a one‑off, largely historical financial backstop now unlikely to have ongoing practical effect unless the guarantee was ever called."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains narrowly focused on authorising a Treasurer’s guarantee for loans to the Young Men's Christian Association of Ballarat up to $500,000, and on related Consolidated Fund treatment. Endnotes record no amendments to the Act since assent, so the statutory scope has not been changed (Endnotes: Table of Amendments; s.1(2))."},"complexity_factors":["Narrow subject matter and short text (ss.1–4) — straightforward single-purpose statute","Clear monetary cap on guarantee ($500,000) limits fiscal exposure (s.3(1))","Treasurer has broad discretion to set form, terms and conditions of guarantees (s.3(2)(a)) which creates practical negotiation and administrative discretion","Requirement that lender obtain and hold securities and exhaust them before enforcing guarantee introduces procedural steps and potential factual inquiries (s.3(2)(c),(e))","Prohibition on assignment/encumbrance of guarantee without Treasurer’s written consent affects secondary marketability of the guaranteed loan (s.3(2)(d))","Consolidated Fund appropriation and repayment mechanics are explicit but require treasury accounting (s.4(1)–(2))","Definition links the beneficiary to incorporation under the Companies Act 1890 (s.2 and preamble), a historical reference that could require interpretive attention"],"plain_english_summary":"Authorises the Treasurer to guarantee repayment of loans of up to $500,000 to the Young Men's Christian Association of Ballarat to enable construction of recreation facilities. The Treasurer may set the guarantee’s terms, require and insist on securities, and makes the guarantee enforceable only after the lender has exhausted its securities (s.3). Amounts paid under any guarantee are drawn from the Consolidated Fund and any recoveries are paid back into that Fund (s.4)."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation remains tightly scoped to its original purpose: authorising a specific guarantee for the Ballarat YMCA's recreation facility project. The Act has never been amended (as noted in the Table of Amendments) and contains no provisions that would allow expansion beyond the $500,000 guarantee limit or application to other organisations."},"complexity_factors":["Only 4 operative sections (excluding title/commencement)","Just 2 defined terms ('Association' and 'Treasurer')","No cross-references to other Acts (except historical reference to Companies Act 1890 in preamble)","Simple linear structure with no nested exceptions or conditional logic beyond basic 'if-then' conditions in section 3(2)","Single purpose legislation with no regulatory scheme or delegated powers","Total length under 3 pages"],"plain_english_summary":"This is a short Victorian law from 1979 that lets the State Government act as a guarantor for a loan taken out by the Ballarat YMCA.\n\n**What it does:**\n- **Authorises a guarantee**: The Victorian Treasurer can legally promise to pay back a loan (up to $500,000) if the Young Men's Christian Association (YMCA) of Ballarat fails to do so.\n- **Sets conditions**: The lender must hold proper security (like a mortgage or collateral) for the loan, can't sell or transfer the guarantee without written permission, and must try to recover the money from the YMCA first before calling on the government.\n- **Uses public money**: Any payments the government has to make under this guarantee come from the Consolidated Fund (the state's main bank account). If the government recovers money from the YMCA later, that money goes back into the Consolidated Fund.\n\n**Who it affects:**\n- The Ballarat YMCA (the borrower)\n- Any bank or lender willing to loan money to the YMCA (knowing the government backs it)\n- Victorian taxpayers (whose money is at risk if the YMCA defaults)\n\n**Why it matters:**\nThis is a specific, one-off piece of legislation allowing the government to support a community recreation project. Without this law, the Treasurer couldn't legally guarantee a private organisation's loan. It shows how governments sometimes use their financial backing to help community groups build facilities (in this case, recreation facilities for young people in Ballarat) that might otherwise struggle to get finance."}},"importantCases":[],"_links":{"self":"/api/acts/young-men-s-christian-association-of-ballarat-guarantee-act-1979","history":"/api/acts/young-men-s-christian-association-of-ballarat-guarantee-act-1979/history","analysis":"/api/acts/young-men-s-christian-association-of-ballarat-guarantee-act-1979/analysis","conflicts":"/api/acts/young-men-s-christian-association-of-ballarat-guarantee-act-1979/conflicts","importantCases":"/api/acts/young-men-s-christian-association-of-ballarat-guarantee-act-1979/important-cases","documents":"/api/acts/young-men-s-christian-association-of-ballarat-guarantee-act-1979/documents"}}