Victorian Legislation and Parliamentary Documentsi
Version No. 001
R.S.L. Welfare Trust Fund Act 1961
Act No. 6799/1961
Version as at 3 March 2003
TABLE OF PROVISIONS
Section Page
Short title 2
Ratification and approval of Trustee 2
SCHEDULE 3
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ENDNOTES 10
General Information 10
Table of Amendments 11
Explanatory Details 12
Victorian Legislation and Parliamentary Documents1
Version No. 001
R.S.L. Welfare Trust Fund Act 1961
Act No. 6799/1961
Version as at 3 March 2003
An Act to authorize the Variation of the Trust upon which
certain Funds are held for the Members for the time being of the
Victorian Branch of The Returned Sailors', Soldiers' and
Airmen's Imperial League of Australia and for other purposes.
Preamble
WHEREAS Sir George William Frederick
Holland, Norman Stanley Osborne, John Farrar
Sutton, Norman David Wilson and Charles Holly
McKay (hereinafter called "the Trustees") are
possessed of the assets set out in the Schedule to
the Trust Deed contained in the Schedule to this
Act upon trust for the members for the time being
of the Victorian Branch of the Returned Sailors',
Soldiers' and Airmen's Imperial League of
Australia with and subject to the terms, conditions,
stipulations and provisions contained in a certain
Deed of Trust under the hands and seals of John
Keatly-Forsyth George Robert Palmer Gilbert
Joseph Cullen Dyett Duncan McDougall and
Charles John Mullins bearing date the 4th day of
February 1919:
AND WHEREAS at the 1958 Annual Conference
of the Victorian Branch of the said League a
Resolution was passed directing the State Council
and the State Executive of the said Victorian
Branch to take such steps as might be necessary to
permit the trust funds and the income therefrom to
be used for the general welfare activities of the
Victorian Branch of the said League:
Victorian Legislation and Parliamentary DocumentsAct No. 6799/1961
R.S.L. Welfare Trust Fund Act 1961
2
AND WHEREAS the Trustees have at the request
of the Council of the said Victorian Branch of the
said League executed the Deed of Trust dated the
fifteenth day of May One thousand nine hundred
and sixty-one (a copy of which is set out in the
Schedule to this Act) declaring that the trust
premises and the income thereof shall thenceforth
be held upon trust for the general welfare activities
of the Victorian Branch with and subject to the
powers and provisions herein contained subject to
the said Deed of Trust being approved by Act of
Parliament of the said State of Victoria:
AND WHEREAS it is expedient to approve and
validate the Deed of Trust dated the fifteenth day
of May One thousand nine hundred and sixty-one:
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
This Act may be cited as the R.S.L. Welfare
Fund Act 1961.
Ratification and approval of Trustee
(1) The execution of the Trust Deed contained in the
Schedule to this Act is hereby ratified and the
Trusts therein contained are hereby approved and
shall be carried into effect.
(2) The assets referred to in the Schedule to the said
Trust Deed shall be subject to the Trusts set forth
in the said Trust Deed and to no others.
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R.S.L. Welfare Trust Fund Act 1961
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SCHEDULE
TO ALL TO WHOM THESE PRESENTS SHALL COME we SIR
GEORGE WILLIAM FREDERICK HOLLAND of 1A Albert-street East
Malvern in the State of Victoria Government Official NORMAN STANLEY
OSBORNE of 201 Gower-street Preston in the said State Municipal Officer
JOHN FARRAR SUTTON of 37 Rotherwood-road Ivanhoe in the said State
Railway Officer NORMAN DAVID WILSON of 7 Bennett-parade East Kew
in the said State Librarian and CHARLES HOLLY McKAY of
"St. Marnocks" Beaufort in the said State Grazier (hereinafter called
"the Trustees") SEND GREETING:
WHEREAS the Trustees are possessed of the assets particulars of which are
set out in the Schedule hereunder written which are held by them upon trust
for the members for the time being of the Victorian Branch of the Returned
Sailors', Soldiers' and Airmen's Imperial League of Australia with and subject
to the terms conditions stipulations and provisions contained in a certain
Deed of Trust, under the hands and seals of John Keatly-Forsyth George
Robert Palmer Gilbert Joseph Cullen Dyett Duncan McDougall and Charles
John Mullins bearing date the 4th day of February 1919:
AND WHEREAS at the 1958 Annual Conference of the Victorian Branch of
the said League a Resolution was passed directing the State Council and the
State Executive of the said Victorian Branch to take such steps as might be
necessary to permit the trust funds and the income therefrom to be used for
the general welfare activities of the Victorian Branch of the said League:
AND WHEREAS the Council of the said Victorian Branch of the said
League has requested the Trustees to execute these presents declaring that the
trust premises and the income thereof shall henceforth be held upon trust for
the general welfare activities of the Victorian Branch with and subject to the
powers and provisions hereinafter in these presents contained which the
trustees have agreed to do subject to these presents being approved by Act of
Parliament of the said State of Victoria, NOW THESE PRESENTS
WITNESS and it is hereby declared as follows:
In the reading and construction of these presents words importing the
singular number include the plural number and vice versa and words
importing the masculine gender include the feminine gender and
unless the context otherwise requires the following words and
expressions shall have the following meanings:
"the said League" means the Victorian Branch of the Returned
Sailors', Soldiers' and Airmen's Imperial League of Australia;
"the Council" means the Council or other the general committee for
the time being of the said League;
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R.S.L. Welfare Trust Fund Act 1961
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"Councillor" means a member of the State Council of the Victorian
Branch;
"the Trustees" means and includes the Trustees for the time being of
these presents;
"the Trust Fund" or "the Fund" means and includes the assets the
particulars of which are set out in the Schedule hereunder
written and all real and personal property including all moneys
from time to time held by or on account of the Trustees in
pursuance of this Deed and the investments for the time being
representing the same and the income from such investments;
"Serviceman" means any person whether male or female who was
appointed, enlisted or enrolled in the Naval, Military, or Air
Forces of the Commonwealth of Australia, the United
Kingdom of Great Britain and Northern Ireland or any other
part of the Queen's Dominions or colonies or any Service
Auxiliary to any of those forces and has served in a theatre of
war or operation area in any war or war-like operation in which
Her Majesty or any of her predecessors or successors or (as the
case may be) the Commonwealth of Australia has at any time
been or may at any time hereafter be engaged;
"General Welfare Activities" means and includes all the activities
conducted by the said League in which direct and indirect
assistance whether monetary or otherwise is given to any
serviceman and/or the husband, wife, mother, widow and child
of any serviceman and includes assistance either direct or
indirect whether monetary or otherwise given to the R.S.L.
War Veterans' Homes Trusts of Victoria and other similar
bodies including bodies assisting any serviceman and/or the
husband, wife, mother, widow and/or child of any serviceman
and having aims and objects in the welfare field similar to
those of the said League.
2. The name of the Trust Fund shall be the R.S.L. Victorian Branch
Welfare Trust Fund.
3. There shall be five Trustees of this Deed together with the President
and Treasurer of the said League for the time being in office all of
whom shall be financial members of the said League. The Council
shall remove from office any Trustee who shall have ceased to be a
financial member of the said League and may from time to time
remove any Trustee from office and shall appoint new Trustees or a
new Trustee for the purpose of this Deed in the place of any of them
who shall die be removed from office retire become incapable of
acting become bankrupt or make any assignment for the benefit of or
any composition or arrangement with his creditors. One month's prior
notice shall be given to the Councillors of the intention to elect or
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R.S.L. Welfare Trust Fund Act 1961
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remove from office any Trustee. Nominations for appointments shall
be signed by the nominee and forwarded to the Secretary of the said
League at least fourteen days prior to the meeting of Council at which
the election is to be made. Election or removal from the office of
trustee shall be by secret ballot.
4. There shall be a Secretary of the Fund who shall be appointed and
may be removed from office by the Council.
5. The Trustees may from time to time appoint such Committees
consisting in each case of not less than three of their number to
exercise with the approval of the Trustees such powers as may be
entrusted to that Committee by the Trustees.
6. The Trust Fund shall be vested in the Trustees upon the trusts hereof
and any moneys in their hands and not required for costs charges and
expenses or for the immediate service of the Fund shall be invested in
the names of the Trustees or such of them (not being less than three in
number) as the Trustees may from time to time appoint or in a body
corporate. In the management and administration of the Fund the
Trustees shall, without limiting any powers which may now or
hereafter be vested in Trustees by the law of the State of Victoria have
and exercise (without being responsible for loss) the following
powers—
(i) to retain any property in the form in which it is paid or
transferred to or vested in the Trustees;
(ii) to place any money on fixed deposit with a bank or banks in
the said State of Victoria;
(iii) to invest moneys in stocks shares debentures or notes or any
other interest in the share or loan capital of any public
company listed on the Stock Exchanges of London or of any of
the capital cities of the States of the Commonwealth of
Australia to take up or sell rights to new issues of shares or
unsecured notes, and generally to purchase sell or otherwise
deal in shares in such companies;
(iv) to let buy sell and exchange real and personal property.
7. All cheques bills of exchange or other negotiable instruments shall be
signed accepted made drawn or endorsed by any three of the Trustees
or by any two of the Trustees and the Secretary.
8. The Trustees shall out of the Trust Fund from time to time pay all
costs charges and expenses incurred in or about the preparation and
completion of these presents and the execution of the trusts and
provisions thereof.
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R.S.L. Welfare Trust Fund Act 1961
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9. The Trustees shall hold the Trust Fund upon trust to apply the same
for the general welfare activities of the said League in such manner as
the Council shall from time to time direct provided that no portion of
the capital of the Trust shall be expended without the authority of a
resolution of the Council of which notice of the motion has been given
in writing to all Councillors at least thirty clear days before the
meeting at which such motion is to be proposed and further provided
that such motion is voted for by at least three-quarters of those present
entitled to vote.
10. The Trustees shall have the following powers—
(a) to employ all such persons and do all such things as are
necessary or expedient for the proper management of the Trust;
(b) to open and operate Banking Accounts;
(c) to employ such officers and employees and pay such salaries
and wages as may from time to time be necessary;
(d) to appeal to the public for donations and to organize collections
after consultation with and at the request of the said League;
(e) to employ and remunerate all such solicitors brokers estate
agents and such other agents as the Trustees may consider
necessary from time to time.
11. The Trustees shall cause to be kept such accounts and records as are
necessary for the proper administration of the Fund and shall once in
every calendar year cause to be prepared a statement of accounts and
balance-sheet of the Fund which shall be audited by the Auditor of the
said League. Such Auditor shall have access to all the books papers
vouchers accounts and documents connected with the said Fund and
the Trustees shall supply him with all information and explanations he
may require and he shall in writing report to the Trustees and the said
League the result of each audit. The Trustees shall cause the said
Statement of Accounts and reports to be presented to the members of
the said League as part of its President's annual report.
12. In the professed execution of the trusts and powers of this Deed no
Trustee shall be liable for any loss to the Fund arising by reason of
any investment made in good faith or for the negligence or fraud of
any agent employed by him or by any other Trustee hereof although
the employment of such agent was not strictly necessary or expedient
or by reason of any other matter or thing except wilful and individual
fraud or wrong-doing on the part of the Trustee who is sought to be
made liable.
IN WITNESS whereof these presents have been duly executed this fifteenth
day of May, 1961.
Victorian Legislation and Parliamentary DocumentsAct No. 6799/1961
R.S.L. Welfare Trust Fund Act 1961
9
Brought forward .. .. .. £196,100 0 0
MELBOURNE HARBOUR TRUST INSCRIBED STOCK
(Face Value)
£ £ s. d.
£5 10 0% .. 1.1.71 2,500 2,500 0 0
8% First Mortgage Due 13.3.64 .. .. 9,000
8% First Mortgage Due 23.12.65 .. .. 16,000
25,000 0 0
Balance purchase money 13–15 Collins-street Melbourne
bearing interest at 6½% .. .. .. .. .. .. .. 76,500 0
Current Account—The National Bank of Australasia Ltd. as at
15th May 1961 .. .. .. .. .. .. .. .. 4,568 1 4
304,668 1 4
Band Instruments and Music at cost less Depreciation .. 311 13 10
Furniture and Equipment at cost less Depreciation .. .. 1,019 17 0
SIGNED SEALED AND DELIVERED by the
said SIR GEORGE WILLIAM FREDERICK
HOLLAND in the presence of:
C. L. Hudson,
Solicitor, Melbourne
G. W. HOLLAND
SIGNED SEALED AND DELIVERED by the
said NORMAN STANLEY OSBORNE in the
presence of:
J. A. Cashmore
N. S. OSBORNE
SIGNED SEALED AND DELIVERED by the
said JOHN FARRAR SUTTON in the
presence of:
J. A. Cashmore
J. F. SUTTON
SIGNED SEALED AND DELIVERED by the
said NORMAN DAVID WILSON in the
presence of:
J. A. Cashmore
N. D. WILSON
SIGNED SEALED AND DELIVERED by the
said CHARLES HOLLY McKAY in the
presence of:
J. A. Cashmore
Chas. H. McKAY
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R.S.L. Welfare Trust Fund Act 1961
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ENDNOTES
General Information
The R.S.L. Welfare Trust Fund Act 1961 was assented to on 28 November
1961 and came into operation on 28 November 1961.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 6799/1961
R.S.L. Welfare Trust Fund Act 1961
11
2. Table of Amendments
There are no amendments made to the R.S.L. Welfare Trust Fund Act 1961
by Acts and subordinate instruments.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 6799/1961
R.S.L. Welfare Trust Fund Act 1961
12
3. Explanatory Details
No entries at date of publication.
Endnotes