Victorian Legislation and Parliamentary Documentsi
Version No. 001
Old Colonists' Association Act 1955
Act No. 5901/1955
Version incorporating amendments as at 6 July 1999
TABLE OF PROVISIONS
Section Page
Short title construction and citation 2
Definition 3
Validation of rules, objects of the Association 3
Rules of the Association 4
Incorporation of Association, transfer of property and
investment of funds 4
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ENDNOTES 7
General Information 7
Table of Amendments 8
Explanatory Details 9
Victorian Legislation and Parliamentary Documents1
Version No. 001
Old Colonists' Association Act 1955
Act No. 5901/1955
Version incorporating amendments as at 6 July 1999
An Act relating to The Old Colonists' Association of Victoria.
Preamble
WHEREAS the Association known as the "The
Old Colonists' Association of Victoria" is existing
in Victoria as recited in the preamble to the Act
passed in the forty-sixth year of the reign of Her
late Majesty Queen Victoria intituled "An Act to
establish and regulate a Permanent Fund in
connection with the Old Colonists' Association of
Victoria":
AND WHEREAS doubts have arisen as to the
validity of rules made by the said Association and
of acts matters and things done thereunder:
AND WHEREAS in the preamble to the said Act
the objects of the said Association are recited to
be:
(1) To assist necessitous Old Colonists by loan
or otherwise:
(2) To promulgate facts relative to the early
history of the colony:
(3) To promote the advancement of native-born
Victorians:
(4) To encourage a friendly recognition of the
members:
AND WHEREAS by the rules of the said
Association the objects of the Association are
stated to be:
Victorian Legislation and Parliamentary DocumentsAct No. 5901/1955
Old Colonists' Association Act 1955
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(a) To provide homes for Old Colonists who
have been resident in Victoria for 20 years,
on the area known as "The Homes", Rushall-
crescent, North Fitzroy, and on such other
areas as the Council may deem suitable from
time to time:
(b) To maintain the said homes and the grounds
surrounding:
(c) To provide the Residents of "The Homes"
with medical and emergency nursing
attention:
(d) To assist Old Colonists by monetary grants
or gifts in kind:
AND WHEREAS it is expedient to remove doubts
as to the extent of the objects of the said
Association:
AND WHEREAS it is also expedient to
incorporate the said Association and vest in it the
property of the said Association and the property
held by the trustee of the said Association and to
make other provision as hereinafter enacted:
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Short title construction and citation
This Act may be cited as the Old Colonists'
Association Act 1955 and shall be read and
construed as one with the Act passed in the forty-
sixth year of the reign of Her late Majesty Queen
Victoria intituled "An Act to establish and
regulate a Permanent Fund in connection with the
Old Colonists' Association of Victoria"
(hereinafter called the Principal Act) and The Old
Colonists' Association Act 1907 and the Old
s. 1
Victorian Legislation and Parliamentary DocumentsAct No. 5901/1955
Old Colonists' Association Act 1955
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Colonists' Association Act 1947 which Acts and
this Act may be cited together as the Old
Colonists' Association Acts.
2. Definition
For the purposes of the Old Colonists' Association
Acts unless inconsistent with the context or
subject-matter "Association" means The Old
Colonists' Association of Victoria.
3. Validation of rules, objects of the Association
(1) The rules of the Association as from time to time
purporting to have been in force are hereby
validated and all acts matters and things done
thereunder are hereby declared to have been
validly done.
(2) It is hereby declared that the objects of the
Association include the objects as recited in the
preamble to this Act, that is to say both the objects
recited in the preamble to the Principal Act and
the objects set out in the rules of the Association
as recited in the preamble to this Act, and for the
purposes of such objects "Old Colonists" shall
include any person of advanced years.
(3) In section two of the Principal Act for the words
"objects of such Association as set forth in the
preamble to this Act" there shall be substituted the
words "objects of the Association".
(4) In sub-section (1) of section two of the Old
Colonists' Association Act 1947 for the words
"objects of the Association as set forth in the
preamble to the Principal Act" there shall be
substituted the words "objects of the Association".
s. 2
Victorian Legislation and Parliamentary DocumentsAct No. 5901/1955
Old Colonists' Association Act 1955
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4. Rules of the Association
(1) Subject to this section the Association may make
rules for the management and administration of
the Association and to assist the furtherance of the
objects aforesaid of the Association, and any such
rule may alter or repeal or add to any rule of the
Association in force immediately before the
commencement of this Act and hereby validated
and any rule of the Association made thereafter.
(2) Every such rule shall be made by at least a two-
thirds majority of members of the Association
present at a duly convened meeting in person or
by proxy and entitled to vote thereat.
5. Incorporation of Association, transfer of property
and investment of funds
(1) The Association is hereby incorporated as a body
corporate under the name of "The Old Colonists'
Association of Victoria" and as such shall have
perpetual succession and a common seal and be
capable in law of suing and being sued and subject
to and for the purposes of its objects aforesaid of
purchasing taking holding selling taking or lease
exchanging or disposing of land or any real or
personal property and of mortgaging real property
and of doing and suffering all such other acts and
things as bodies corporate may by law do and
suffer.
(2) All real and personal property held by the
Association or by the trustees of the Association
immediately before the commencement of this
Act shall by virtue of this Act be vested in the
Association subject to any trusts and conditions to
which it was subject immediately before the
commencement of this Act.
(3) The trustees of the Association shall go out of
office.
s. 4
S. 5(1)
amended by
No. 9452
s. 2(1).
Victorian Legislation and Parliamentary DocumentsAct No. 5901/1955
Old Colonists' Association Act 1955
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(4) The Principal Act is hereby amended as follows—
(a) in section one—
(i) the words "shall vest in the trustees for
the time being of the Association, and"
shall be repealed;
(ii) the words "by the trustees for the time
being" shall be repealed;
(iii) for the words "as the trustees"
(wherever occurring) there shall be
substituted the words "as the
Association";
(b) section three shall be repealed;
(c) in section four the words "trustees or other"
(wherever occurring) shall be repealed.
(5) The permanent fund kept pursuant to section one
of the Principal Act and any other moneys which
by virtue of this Act vest in the Association and
any other moneys which hereafter become vested
in the Association may be invested in or retained
in securities and investments which trustees are
from time to time authorized by law to invest in or
to retain as investments and the Association shall
have power to vary and transpose any such
investments from time to time, and members of
the Council of the Association provided they have
acted reasonably shall not be chargeable with
breach of trust by reason only that in exercise of
any such power to vary and transpose investments
any fund of the Association may have sustained or
have been subjected to a loss of capital.
But nothing in this sub-section shall in any way
limit or affect any power to invest or to postpone
the realization or sale of any property or
investments conferred by any instrument creating
any trust.
s. 5
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Old Colonists' Association Act 1955
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(6) Notwithstanding anything in the Old Colonists'
Association Act 1907 or in any trust or Crown
grant or other document, for the purposes of its
objects, the Association may borrow and
re-borrow moneys on the security of first
mortgage of real property vested in the
Association.
(7) Moneys borrowed or re-borrowed under sub-
section (6) do not form part of the permanent fund
established by Act No. 730.
(8) Notwithstanding anything in Act No. 730 or in the
Old Colonists' Association Act 1947, any sum
that pursuant to the provisions of Act No. 730 or
section 2(1) of the Old Colonists' Association
Act 1947 may be applied in carrying out the
objects of the Association and any other sum that
is received by the Association and does not form
part of the permanent fund established by Act
No. 730 may be applied in repayment of the
principal moneys owing or in the payment of any
interest or other moneys owing in respect of any
loan under sub-section (6).
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S. 5(6)
inserted by
No. 9452
s. 2(2).
s. 5
S. 5(7)
inserted by
No. 9452
s. 2(2).
S. 5(8)
inserted by
No. 9452
s. 2(2).
Victorian Legislation and Parliamentary DocumentsAct No. 5901/1955
Old Colonists' Association Act 1955
7
ENDNOTES
General Information
The Old Colonists' Association Act 1955 was assented to on 29 November
1955 and came into operation on 29 November 1955.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 5901/1955
Old Colonists' Association Act 1955
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2. Table of Amendments
This Version incorporates amendments made to the Old Colonists'
Association Act 1955 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Old Colonists' Association (Borrowing Powers) Act 1980, No. 9452/1980
Assent Date: 9.12.80
Commencement Date: 9.12.80: s. 1(3)
Current State: All of Act in operation
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Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 5901/1955
Old Colonists' Association Act 1955
9
3. Explanatory Details
No entries at date of publication.
Endnotes
Section 1 - Old Colonists' Association Act 1955 - Old Colonists' Association Act 1955 | Zoe