What it does
This short Act creates a statutory, binding permanent fund for the Old Colonists' Association of Victoria and prescribes how that fund is to be composed, invested and used. The Act establishes that the Association shall continue under its name and that its permanent fund shall be "established by law and rendered indefeasible" (s 1). It fixes the initial corpus in specific monetary amounts (expressed in dollars and cents as reproduced in the version provided) and prescribes what future receipts must be credited to the permanent fund, including donations and bequests that are not specially directed otherwise, one-half of subscriptions paid by governors, and, unless excepted for an advertised purpose, one-half of the net proceeds from benefit performances (s 1). The Act gives the Association power to invest the fund as it determines, subject to the control of a special meeting, and permits variation of present and future investments in like manner (s 1).
The Act further restricts use of the corpus by providing that only the interest arising from the permanent fund may be appropriated to pay any objects of the Association, except for other moneys the Association receives that are not made payable into the permanent fund by the Act (s 2). It makes agreements by officers to pay money out of the permanent fund null and void and creates criminal liability for officers who make such agreements or who actually pay moneys out of the permanent fund contrary to the Act, exposing them on conviction to imprisonment for up to three years at the Court's discretion (s 4). Section 3 of the original Act has been repealed (document notes).
Mechanically, therefore, the Act (1) designates a statutory corpus; (2) prescribes specific classes of future receipts to be added to that corpus; (3) limits appropriation from the corpus to interest only; (4) vests investment decision-making with the Association subject to the control of a specified governance body (a special meeting); and (5) creates criminal sanctions for officers who attempt to spend the principal. The preamble states the Association's objects and membership criteria, which supply context for the fund's purpose. The Act was assented to on 14 August 1882 (Endnotes) and has subsequently been amended, with a notable amendment recorded in 1955 (Old Colonists' Association Act 1955, No. 5901) and a currency conversion note referencing the Decimal Currency Act 1965 (Endnotes).