1MacKillop Family Services Act 1998

Version No. 002 MacKillop Family Services Act 1998 No. 69 of 1998 Version as at 23 November 2007 TABLE OF PROVISIONS Section Page 1 Purposes 1 2 Commencement 2 3 Definitions 2 4 Trustees may arrange for transfer of certain property to MacKillop 3 5 Certain gifts, trusts, etc. not to fail 3 6 Pooled investment of trust funds 4

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SCHEDULE—Agencies and Charitable Purposes 5 ═══════════════ ENDNOTES 6

1. General Information 6
2. Table of Amendments 7
3. Explanatory Details 8 i

Version No. 002 MacKillop Family Services Act 1998 No. 69 of 1998 Version as at 23 November 2007 Preamble MacKillop Family Services Limited (MacKillop) was incorporated under the Corporations Law of Victoria on 28 April 1997 to undertake the management and control of certain child, youth and family care services conducted in Victoria by or under the auspices of— (a) the Christian Brothers St Patricks Province Australia (Christian Brothers); and (b) the Melbourne Congregation of the Institute of the Sisters of Mercy of Australia (Sisters of Mercy); and (c) the Sisters of St Joseph of the Sacred Heart of the Victorian Province (Sisters of St Joseph). It is expedient to provide for the vesting in MacKillop of certain property given for charitable purposes to the Christian Brothers, Sisters of Mercy and Sisters of St Joseph or certain agencies in connection with those services. The Parliament of Victoria therefore enacts as follows: 1 Purposes The purposes of this Act are— (a) to make provision for the vesting in MacKillop of certain property given for charitable purposes; and 1

MacKillop Family Services Act 1998 No. 69 of 1998 s. 2 (b) to provide that certain gifts and trusts for charitable purposes do not fail but have effect as if made or declared to or in favour of MacKillop; and (c) to enable MacKillop to establish investment pools for the collective investment of trust funds for charitable purposes. 2 Commencement This Act comes into operation on the day on which it receives the Royal Assent. 3 Definitions In this Act— agency, in relation to a Congregation, means— (a) a person or body (whether incorporated or unincorporated) specified in column 1 of the Schedule that, before 1 July 1997, conducted one or more of the charitable purposes specified in column 2 of the Schedule; (b) a person or body (whether incorporated or unincorporated) that conducted a charitable purpose referred to in paragraph (a) before it was conducted by the person or body referred to in that paragraph; Congregation means— (a) the Christian Brothers St Patricks Province Australia; (b) the Melbourne Congregation of the Institute of the Sisters of Mercy of Australia; (c) the Sisters of St Joseph of the Sacred Heart of the Victorian Province; 2

MacKillop Family Services Act 1998 No. 69 of 1998 s. 4 MacKillop means MacKillop Family Services Ltd A.C.N. 078 299 288; property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; will includes a codicil and any testamentary disposition. 4 Trustees may arrange for transfer of certain property to MacKillop The trustee of property given for a charitable purpose of a Congregation or an agency of a Congregation, may, with the agreement of MacKillop, transfer the property to MacKillop as trustee to be applied by MacKillop for a charitable purpose that corresponds with, or is similar to, the charitable purpose for which the property was given. 5 Certain gifts, trusts, etc. not to fail If, before, on or after the commencement of this Act— (a) a gift, disposition or trust of property has been or is made or declared or is deemed to have been made or declared; or (b) a trust fund has been or is created— (whether by deed, will or otherwise) to, in favour of, for the use of, or for a charitable purpose of, a Congregation or an agency of a Congregation, the gift, disposition or trust takes effect, or may take effect, or the trust fund may be applied, on or after that commencement as if made or declared to, or created in favour of, MacKillop for a charitable purpose of MacKillop that corresponds with, or is similar to, the charitable purposes of the Congregation or agency for which the gift, 3