This Act creates three statutory trust funds (Navy, Army, Air Force) seeded from wartime canteen profits and other assets and requires trustees to hold, invest and apply those assets to provide benefits to members, ex‑members and their dependants. The Minister appoints (and may remove) trustees; trustees—unpaid and indemnified—have wide discretion to decide eligibility, invest, delegate and run regional committees, and all benefits and proper administration expenses are payable from the relevant fund.
This Act establishes and governs three separate trust funds for serving and former members of the Australian Defence Force and their dependants, and sets out the corporate and administrative framework for the trustees who manage those funds. Mechanically the Act does the following.
Creates three dedicated funds by name: the Royal Australian Navy Relief Trust Fund (s 24), the Australian Military Forces Relief Trust Fund (s 27) and the Royal Australian Air Force Welfare Trust Fund (s 30). Each fund is defined to consist of assets transferred to the trustees under the Act together with any other property received by the trustees for fund purposes (s 24(2), s 27(2), s 30(2)).
Establishes trustees as corporate bodies with perpetual succession, a common seal and capacity to hold and deal with real and personal property, and to sue and be sued in their corporate name (s 6(1)-(3)). The statutory corporate name is prescribed (s 6(2)).
Gives the Minister power to appoint trustees and a chair for each fund (s 5(1)) and to terminate those appointments at any time (s 5(2)). The Act expressly disapplies section 30 of the Public Governance, Performance and Accountability Act 2013 in respect of trustee termination (s 5(3)).
Vests all assets forming part of any fund in the trustees (s 7) and makes all benefits and legitimate administrative expenses a charge upon the relevant fund (s 10).
Confers a range of substantive powers on trustees for administration, investment, realisation, staffing and benefit distribution (s 8). Investment authority is framed to permit Commonwealth securities, deposits with the Reserve Bank and “any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia” (s 8(b)).
Current sections
Direct links to the current provisions in Services Trust Funds Act 1947.
27
Part I
Preliminary
Part I—Preliminary
1
Short title
1 Short title
This Act may be cited as the Services Trust Funds Act 1947.
2
Commencement
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
4
Interpretation
4 Interpretation
In this Act, unless the contrary intention appears:
dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.
fund means any fund established under this Act.
member of the Defence Force means a person who is, or was, prior to his discharge or death:
(a) a member of the Navy, Army or Air Force; or
(b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;
and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.
trustees, in relation to any fund, means the trustees for the time being of that fund.
Part II
Trustees Generally
An Act to establish, from the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources, Trust Funds to be administered in the interests of servicemen, ex‑servicemen and their dependants, and for other purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Services Trust Funds Act 1947.
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
4 Interpretation
In this Act, unless the contrary intention appears:
dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.
fund means any fund established under this Act.
member of the Defence Force means a person who is, or was, prior to his discharge or death:
(a) a member of the Navy, Army or Air Force; or
(b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;
and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.
trustees, in relation to any fund, means the trustees for the time being of that fund.
Part II—Trustees Generally
5 Appointment of trustees
(1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.
(2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.
(3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.
6 Trustees to be bodies corporate
(1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.
(3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.
7 Assets to be vested in trustees
All assets from time to time forming part of any fund shall be vested in the trustees of that fund.
8 Powers of trustees
The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:
(a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;
(b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;
(c) to realise and convert into money any property forming part of the fund;
(d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;
(e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and
(f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.
9 Power of delegation
(1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.
(3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.
10 Benefits and expenses a charge on the fund
All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.
11 Offices to be honorary
(1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.
(2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.
12 Trustees not personally liable
No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.
13 Trustees may be authorised to administer other property
The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.
14 Trustees and their dependants not eligible to benefit
A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.
Part IV—The Royal Australian Navy Relief Trust Fund
24 R.A.N. Relief Trust Fund
(1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.
(2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
26 Administration of the R.A.N. Relief Trust Fund
The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.
Part V—The Australian Military Forces Relief Trust Fund
27 A.M.F. Relief Trust Fund
(1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.
(2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
29 Administration of the A.M.F. Relief Trust Fund
The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.
Part VI—The Royal Australian Air Force Welfare Trust Fund
30 R.A.A.F. Welfare Trust Fund
(1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.
(2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
32 Administration of the R.A.A.F. Welfare Trust Fund
The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.
Part VII—General
34 Application of the Public Governance, Performance and Accountability Act 2013
Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.
36 Regulations
The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:
(a) for regulating proceedings at meetings of trustees appointed under this Act;
(b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and
(c) for prescribing the times at which meetings of any trustees so appointed shall be held.
5
Appointment of trustees
5 Appointment of trustees
(1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.
(2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.
(3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.
6
Trustees to be bodies corporate
6 Trustees to be bodies corporate
(1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.
(3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.
7
Assets to be vested in trustees
7 Assets to be vested in trustees
All assets from time to time forming part of any fund shall be vested in the trustees of that fund.
8
Powers of trustees
8 Powers of trustees
The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:
(a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;
(b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;
(c) to realise and convert into money any property forming part of the fund;
(d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;
(e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and
(f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.
9
Power of delegation
9 Power of delegation
(1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.
(3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.
10
Benefits and expenses a charge on the fund
10 Benefits and expenses a charge on the fund
All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.
11
Offices to be honorary
11 Offices to be honorary
(1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.
(2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.
12
Trustees not personally liable
12 Trustees not personally liable
No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.
13
Trustees may be authorised to administer other property
13 Trustees may be authorised to administer other property
The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.
14
Trustees and their dependants not eligible to benefit
14 Trustees and their dependants not eligible to benefit
A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.
Part IV
The Royal Australian Navy Relief Trust Fund
An Act to establish, from the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources, Trust Funds to be administered in the interests of servicemen, ex‑servicemen and their dependants, and for other purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Services Trust Funds Act 1947.
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
4 Interpretation
In this Act, unless the contrary intention appears:
dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.
fund means any fund established under this Act.
member of the Defence Force means a person who is, or was, prior to his discharge or death:
(a) a member of the Navy, Army or Air Force; or
(b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;
and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.
trustees, in relation to any fund, means the trustees for the time being of that fund.
Part II—Trustees Generally
5 Appointment of trustees
(1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.
(2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.
(3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.
6 Trustees to be bodies corporate
(1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.
(3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.
7 Assets to be vested in trustees
All assets from time to time forming part of any fund shall be vested in the trustees of that fund.
8 Powers of trustees
The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:
(a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;
(b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;
(c) to realise and convert into money any property forming part of the fund;
(d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;
(e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and
(f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.
9 Power of delegation
(1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.
(3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.
10 Benefits and expenses a charge on the fund
All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.
11 Offices to be honorary
(1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.
(2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.
12 Trustees not personally liable
No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.
13 Trustees may be authorised to administer other property
The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.
14 Trustees and their dependants not eligible to benefit
A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.
Part IV—The Royal Australian Navy Relief Trust Fund
24 R.A.N. Relief Trust Fund
(1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.
(2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
26 Administration of the R.A.N. Relief Trust Fund
The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.
Part V—The Australian Military Forces Relief Trust Fund
27 A.M.F. Relief Trust Fund
(1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.
(2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
29 Administration of the A.M.F. Relief Trust Fund
The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.
Part VI—The Royal Australian Air Force Welfare Trust Fund
30 R.A.A.F. Welfare Trust Fund
(1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.
(2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
32 Administration of the R.A.A.F. Welfare Trust Fund
The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.
Part VII—General
34 Application of the Public Governance, Performance and Accountability Act 2013
Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.
36 Regulations
The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:
(a) for regulating proceedings at meetings of trustees appointed under this Act;
(b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and
(c) for prescribing the times at which meetings of any trustees so appointed shall be held.
24
R.A.N. Relief Trust Fund
24 R.A.N. Relief Trust Fund
(1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.
(2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
26
Administration of the R.A.N. Relief Trust Fund
26 Administration of the R.A.N. Relief Trust Fund
The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.
Part V
The Australian Military Forces Relief Trust Fund
An Act to establish, from the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources, Trust Funds to be administered in the interests of servicemen, ex‑servicemen and their dependants, and for other purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Services Trust Funds Act 1947.
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
4 Interpretation
In this Act, unless the contrary intention appears:
dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.
fund means any fund established under this Act.
member of the Defence Force means a person who is, or was, prior to his discharge or death:
(a) a member of the Navy, Army or Air Force; or
(b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;
and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.
trustees, in relation to any fund, means the trustees for the time being of that fund.
Part II—Trustees Generally
5 Appointment of trustees
(1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.
(2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.
(3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.
6 Trustees to be bodies corporate
(1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.
(3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.
7 Assets to be vested in trustees
All assets from time to time forming part of any fund shall be vested in the trustees of that fund.
8 Powers of trustees
The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:
(a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;
(b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;
(c) to realise and convert into money any property forming part of the fund;
(d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;
(e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and
(f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.
9 Power of delegation
(1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.
(3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.
10 Benefits and expenses a charge on the fund
All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.
11 Offices to be honorary
(1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.
(2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.
12 Trustees not personally liable
No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.
13 Trustees may be authorised to administer other property
The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.
14 Trustees and their dependants not eligible to benefit
A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.
Part IV—The Royal Australian Navy Relief Trust Fund
24 R.A.N. Relief Trust Fund
(1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.
(2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
26 Administration of the R.A.N. Relief Trust Fund
The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.
Part V—The Australian Military Forces Relief Trust Fund
27 A.M.F. Relief Trust Fund
(1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.
(2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
29 Administration of the A.M.F. Relief Trust Fund
The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.
Part VI—The Royal Australian Air Force Welfare Trust Fund
30 R.A.A.F. Welfare Trust Fund
(1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.
(2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
32 Administration of the R.A.A.F. Welfare Trust Fund
The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.
Part VII—General
34 Application of the Public Governance, Performance and Accountability Act 2013
Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.
36 Regulations
The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:
(a) for regulating proceedings at meetings of trustees appointed under this Act;
(b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and
(c) for prescribing the times at which meetings of any trustees so appointed shall be held.
27
A.M.F. Relief Trust Fund
27 A.M.F. Relief Trust Fund
(1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.
(2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
29
Administration of the A.M.F. Relief Trust Fund
29 Administration of the A.M.F. Relief Trust Fund
The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.
Part VI
The Royal Australian Air Force Welfare Trust Fund
An Act to establish, from the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources, Trust Funds to be administered in the interests of servicemen, ex‑servicemen and their dependants, and for other purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Services Trust Funds Act 1947.
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
4 Interpretation
In this Act, unless the contrary intention appears:
dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.
fund means any fund established under this Act.
member of the Defence Force means a person who is, or was, prior to his discharge or death:
(a) a member of the Navy, Army or Air Force; or
(b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;
and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.
trustees, in relation to any fund, means the trustees for the time being of that fund.
Part II—Trustees Generally
5 Appointment of trustees
(1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.
(2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.
(3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.
6 Trustees to be bodies corporate
(1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.
(3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.
7 Assets to be vested in trustees
All assets from time to time forming part of any fund shall be vested in the trustees of that fund.
8 Powers of trustees
The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:
(a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;
(b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;
(c) to realise and convert into money any property forming part of the fund;
(d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;
(e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and
(f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.
9 Power of delegation
(1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.
(3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.
10 Benefits and expenses a charge on the fund
All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.
11 Offices to be honorary
(1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.
(2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.
12 Trustees not personally liable
No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.
13 Trustees may be authorised to administer other property
The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.
14 Trustees and their dependants not eligible to benefit
A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.
Part IV—The Royal Australian Navy Relief Trust Fund
24 R.A.N. Relief Trust Fund
(1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.
(2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
26 Administration of the R.A.N. Relief Trust Fund
The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.
Part V—The Australian Military Forces Relief Trust Fund
27 A.M.F. Relief Trust Fund
(1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.
(2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
29 Administration of the A.M.F. Relief Trust Fund
The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.
Part VI—The Royal Australian Air Force Welfare Trust Fund
30 R.A.A.F. Welfare Trust Fund
(1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.
(2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
32 Administration of the R.A.A.F. Welfare Trust Fund
The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.
Part VII—General
34 Application of the Public Governance, Performance and Accountability Act 2013
Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.
36 Regulations
The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:
(a) for regulating proceedings at meetings of trustees appointed under this Act;
(b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and
(c) for prescribing the times at which meetings of any trustees so appointed shall be held.
30
R.A.A.F. Welfare Trust Fund
30 R.A.A.F. Welfare Trust Fund
(1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.
(2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
32
Administration of the R.A.A.F. Welfare Trust Fund
32 Administration of the R.A.A.F. Welfare Trust Fund
The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.
Part VII
General
An Act to establish, from the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources, Trust Funds to be administered in the interests of servicemen, ex‑servicemen and their dependants, and for other purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Services Trust Funds Act 1947.
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
4 Interpretation
In this Act, unless the contrary intention appears:
dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.
fund means any fund established under this Act.
member of the Defence Force means a person who is, or was, prior to his discharge or death:
(a) a member of the Navy, Army or Air Force; or
(b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;
and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.
trustees, in relation to any fund, means the trustees for the time being of that fund.
Part II—Trustees Generally
5 Appointment of trustees
(1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.
(2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.
(3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.
6 Trustees to be bodies corporate
(1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.
(3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.
7 Assets to be vested in trustees
All assets from time to time forming part of any fund shall be vested in the trustees of that fund.
8 Powers of trustees
The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:
(a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;
(b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;
(c) to realise and convert into money any property forming part of the fund;
(d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;
(e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and
(f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.
9 Power of delegation
(1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.
(3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.
10 Benefits and expenses a charge on the fund
All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.
11 Offices to be honorary
(1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.
(2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.
12 Trustees not personally liable
No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.
13 Trustees may be authorised to administer other property
The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.
14 Trustees and their dependants not eligible to benefit
A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.
Part IV—The Royal Australian Navy Relief Trust Fund
24 R.A.N. Relief Trust Fund
(1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.
(2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
26 Administration of the R.A.N. Relief Trust Fund
The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.
Part V—The Australian Military Forces Relief Trust Fund
27 A.M.F. Relief Trust Fund
(1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.
(2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
29 Administration of the A.M.F. Relief Trust Fund
The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.
Part VI—The Royal Australian Air Force Welfare Trust Fund
30 R.A.A.F. Welfare Trust Fund
(1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.
(2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
32 Administration of the R.A.A.F. Welfare Trust Fund
The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.
Part VII—General
34 Application of the Public Governance, Performance and Accountability Act 2013
Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.
36 Regulations
The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:
(a) for regulating proceedings at meetings of trustees appointed under this Act;
(b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and
(c) for prescribing the times at which meetings of any trustees so appointed shall be held.
34
Application of the Public Governance, Performance and Accountability Act 2013
34 Application of the Public Governance, Performance and Accountability Act 2013
Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.
36
Regulations
36 Regulations
The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:
(a) for regulating proceedings at meetings of trustees appointed under this Act;
(b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and
(c) for prescribing the times at which meetings of any trustees so appointed shall be held.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Services Trust Funds Act 1947.
2 — Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
4 — Interpretation
In this Act, unless the contrary intention appears:
dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.
fund means any fund established under this Act.
member of the Defence Force means a person who is, or was, prior to his discharge or death:
(a) a member of the Navy, Army or Air Force; or
(b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;
and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.
trustees, in relation to any fund, means the trustees for the time being of that fund.
Part II — Trustees Generally
An Act to establish, from the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources, Trust Funds to be administered in the interests of servicemen, ex‑servicemen and their dependants, and for other purposes
Part I—Preliminary
1 Short title
This Act may be cited as the Services Trust Funds Act 1947.
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
4 Interpretation
In this Act, unless the contrary intention appears:
Permits trustees to create and delegate to regional committees and to delegate other powers in writing under seal, with all delegations revocable at will; delegated decision‑making that depends upon trustees’ opinions may be exercised on the opinion of the delegate (s 9).
Provides personal protections and financial limits on trustees’ offices: trustees hold office on an honorary basis (no remuneration) though travel and related allowances may be paid with Ministerial approval (s 11); trustees are not personally liable for bona fide acts or omissions in office (s 12); and trustees and their dependants are ineligible to receive benefits from the fund (s 14).
Requires administrators to look to regulations for procedural detail and empowers the Governor‑General to make those regulations (s 36). The Act also includes a note and express provisions engaging the Public Governance, Performance and Accountability Act 2013 while carving out specified provisions (s 6 note, s 34, s 5(3)).
The Act’s stated purpose in its long title is to establish trust funds from the profits and assets of Defence canteens and other sources to be administered in the interests of servicemen, ex‑servicemen and their dependants. That is an official purpose claim rather than a legal effect, but it frames the direction of trustee powers and the designated beneficiary classes set out in the administration clauses (see s 26, s 29, s 32). The Act therefore creates a self‑funded, trustee‑managed welfare architecture for three service branches, with governance centred on Ministerial appointment power and broad trustee discretion over eligibility, investment and expenditure.
Main concepts
The Act works from a small set of recurring legal concepts that determine decision authority, beneficiary scope, asset ownership and applicable external controls.
Fund. Defined as any fund established under the Act (s 4). Practically each named fund is the legal container for assets, investments, receipts and the liability to pay benefits and administrative expenses (s 24(2), s 27(2), s 30(2), s 10).
Trustees. The trustees are the statutory decision makers for each fund and are established as corporate entities (s 6(1)-(3)). The Act repeatedly refers to “the trustees of each fund” as the body with power to administer, invest, receive applications for benefits and determine entitlement (s 8(a)-(f)).
Member of the Defence Force and dependant. The Act defines “member of the Defence Force” broadly to include Navy, Army, Air Force, nursing services, women’s services, canteen staff of Navy ships and persons accredited who served in an official full‑time paid capacity (s 4). “Dependant” is defined by reference to the trustees’ opinion: any person who, in the opinion of the trustees of any fund, has such relationship or dependence on a member as to justify receipt of benefit (s 4). That makes the trustees’ view central to beneficiary scope.
Ministerial control. The Minister appoints and may terminate trustees and chairs (s 5). The Minister also approves the rate of travelling and other expense allowances for trustees (s 11(2)) and may, by Gazette instrument, authorise trustees to administer property that does not otherwise form part of the fund (s 13).
Corporate form and legal recognition. Trustees are bodies corporate with a prescribed corporate name and a seal which courts must take notice of (s 6(1)-(3)). All assets forming part of a fund are vested in those trustees (s 7).
Discretionary benefit distribution. Trustees may receive and determine applications, decide whether any person, group or class is entitled and the extent of benefit (s 8(a)). That confers broad discretionary power to set eligibility and entitlements.
Investment and realisation. Trustees may invest in Commonwealth securities, deposit with the Reserve Bank or invest in any other manner allowed by an Act or State Act for trust funds (s 8(b)). They may also realise property forming part of the fund (s 8(c)).
Delegation and regional committees. Trustees may appoint regional committees “with such powers and functions, and upon such terms and conditions, as are prescribed” (s 8(f)); they may delegate powers under seal (s 9). Delegations are revocable and do not prevent the trustees from exercising the power themselves (s 9(2)). Opinion‑based decisions by trustees may be exercised by a delegate using the delegate’s opinion (s 9(3)).
Self‑funding principle. Benefits and administration expenses are expressly made a charge on the relevant fund (s 10). This places financial responsibility on the corpus of each trust rather than on consolidated public appropriation unless other property is transferred under s 13.
These concepts together create a model in which Ministerial appointment and statutory corporate status combine with trustee discretion over eligibility, investment and distribution. The trustees operate within a framework that references the Public Governance, Performance and Accountability Act 2013 but remains partly carved out from specific provisions of that Act (s 6 note; s 5(3); s 34). The dependence definition and the trustees’ power to determine entitlement concentrate a high degree of adjudicative discretion in the trustees’ hands. The Act also contemplates administrative decentralisation through regional committees and delegated decision‑making.
Who it affects
The Act directly affects a limited set of actors, and indirectly shapes incentives and duties for a broader group.
Members of the Defence Force and their dependants. Primary beneficiaries. Eligibility and extent of benefits for members who have served in or in association with the Navy, Army or Air Force, and for their dependants, are the core objects of fund application (s 26; s 29; s 32). The member definitions in s 4 determine who qualifies as a “member”.
Trustees and chairs. Trustees are appointed by the Minister and become corporate Commonwealth entities for each fund (s 5(1); s 6(1)-(3)). They carry decision‑making authority over investments, applications and distributions (s 8), may appoint regional committees (s 8(f)), and can delegate powers in writing under seal (s 9). Trustees are not paid for their work (s 11(1)) but can receive travel and related allowances with Ministerial approval (s 11(2)). Trustees are protected from personal liability for bona fide acts or omissions (s 12). Trustees and their dependants are disqualified from receiving benefits (s 14).
The Minister. The Minister appoints and terminates trustees and chairs (s 5), approves trustee allowances (s 11(2)), may publish instruments authorising trustees to administer other property (s 13), and is implicated in the regulatory framework (s 36) because regulations will be made by the Governor‑General, typically on advice that will involve the responsible Minister.
Regional committees and delegates. The Act authorises regional committees with prescribed powers (s 8(f)) and permits delegation by instrument under seal to regional committees or any person (s 9(1)). Delegates exercise delegated functions with the same subjective basis if the power depends on opinion, belief or state of mind (s 9(3)). Those committees and delegates will therefore make decisions that affect beneficiaries at a regional level.
Courts and third parties. The corporate status and seal provisions mean courts shall take notice of trusts’ seals and presume they were duly affixed (s 6(3)). Trustees may sue or be sued in their corporate name (s 6(1)), so creditors, claimants and contractual counterparties interact with the trustee corporations rather than with individual officeholders.
Clerical and other staff. Trustees may engage clerical and other assistance in management and administration (s 8(d)); those persons will be paid from the fund and subject to trustee direction.
Entities transferring property. The Minister may authorise transfer of property to trustees to be administered for specified purposes (s 13). Owners or agencies transferring property will be affected when the Minister issues such Gazette instruments.
Who pays. Benefits and proper administrative expenses are charged to the relevant fund (s 10). That places the funding burden on the fund corpus and future returns rather than necessarily on consolidated revenue, unless the Minister transfers other property into a fund under s 13.
Who decides. The Minister decides appointments and terminations (s 5), and the trustees decide eligibility, entitlements, investment and administration (s 8). Delegates, including regional committees, may exercise decision powers where delegated (s 9).
Behavioural effects. Potential beneficiaries must apply for benefits and accept the trustees’ discretion as to entitlement and extent (s 8(a)). Trustees must manage investments and claims consistent with the Act and any applicable regulations, and they may structure regional administration through committees and delegation (s 8(f); s 9). The Minister’s appointment and termination powers shape trustee incentives, and the prohibition on trustee remuneration limits direct private gain from office while permitting expense allowances approved by the Minister (s 11).
Key duties and rights
The Act allocates specific statutory duties and rights among the Minister, trustees and beneficiaries. These are predominantly administrative and fiduciary in character but framed by the Act’s express provisions.
Trustees’ duties and rights
Duty to administer the fund for its purposes. Trustees have the statutory responsibility to do all acts necessary for due administration of the fund (s 8) and to apply the fund for the welfare of members and dependants in accordance with regulations (s 26, s 29, s 32).
Right to determine eligibility and extent of benefits. Trustees may receive and consider applications and determine whether any person, group or class is entitled and to what extent (s 8(a)). This is a discretionary, adjudicative function vested in the trustees.
Investment and property management rights. Trustees may invest parts of the fund in Commonwealth securities, deposit with the Reserve Bank or in any other manner permitted by statute for trust fund investment (s 8(b)); they may realise property forming part of the fund (s 8(c)); and they hold assets in their corporate capacity (s 7).
Delegation and committee powers. Trustees may appoint regional committees and delegate powers under seal; delegations are revocable and do not prevent trustees from exercising the powers themselves (s 8(f); s 9(1)-(2)). Delegates exercising opinion‑dependent functions may rely on their own opinion (s 9(3)).
Staffing and administrative authority. Trustees may engage clerical and other assistance as they consider necessary (s 8(d)).
Corporate rights. Trustees may sue and be sued and hold property in their corporate name (s 6(1)).
Ministerial duties and rights
Appointment and removal. The Minister appoints trustees and a chair and may terminate those appointments at any time (s 5(1)-(2)). The termination power is an express statutory right of the Minister.
Approval of trustee allowances. Trustee travel and other expense allowances may be paid from the fund only at rates approved by the Minister (s 11(2)).
Power to authorise administration of other property. The Minister may, by Gazette instrument, authorise trustees to administer property that does not form part of a fund for specified purposes (s 13). Publication in the Gazette triggers the trustees’ obligation to administer the property for that purpose.
Beneficiaries’ rights and limitations
Eligibility as determined by trustees. Members and dependants may apply for benefits, but eligibility and extent are subject to trustees’ determinations (s 8(a); s 26; s 29; s 32).
Exclusion for trustees and their dependants. Trustees and dependants of trustees cannot receive benefits (s 14). Because “dependant” is defined by trustees’ opinion (s 4), the trustees’ view affects this exclusion.
Constraints and protections
No trustee remuneration. Trustees are not entitled to remuneration for their work on the fund (s 11(1)), but may be paid travel and other approved allowances (s 11(2)).
Immunity for bona fide acts. Trustees are protected from personal liability for things done or omitted bona fide in office (s 12).
Self‑funding constraint. Benefits and administration expenses are payable only out of the relevant fund (s 10). That constrains payments to the available corpus and returns.
Regulatory framework and external interaction
Regulations. Procedural matters, including regional committee composition and meeting procedures, are left to regulations made by the Governor‑General (s 36). The trustees’ powers to appoint regional committees are expressly tied to what is prescribed (s 8(f)).
Interaction with PGPA Act. The Act states the Public Governance, Performance and Accountability Act 2013 applies to the trustees per the note under s 6, but it expressly disapplies s 59 of the PGPA Act (s 34) and disapplies s 30 of the PGPA Act where it deals with termination of appointment (s 5(3)). The PGPA Act is described in the note as dealing with reporting and use and management of public resources; those obligations may therefore attach to trustees except where the Act carves out specific provisions.
The statutory structure places broad operational discretion with trustees while preserving Ministerial control over appointments, allowances and certain property transfers. Trustees must operate in a corporate form and within any external reporting or resource management obligations the PGPA Act imposes, subject to the express carve‑outs in the Act.
Penalties and enforcement
The Act itself does not create a catalogue of criminal offences or monetary penalties for non‑compliance in the provisions supplied. Enforcement and correctional mechanisms are therefore structural and administrative rather than penal in the statutory text provided.
Termination and appointment controls
Ministerial termination. The Minister may terminate the appointment of a trustee or chair at any time (s 5(2)). That is an immediate administrative enforcement lever available to the Minister to address misconduct, poor performance or loss of confidence. The Act expressly disapplies s 30 of the Public Governance, Performance and Accountability Act 2013 in relation to trustees and chairs (s 5(3)), which means the PGPA Act’s section 30 mechanism for terminating an accountable authority for contravening general duties does not apply to trustees (as provided in the text).
Removal subject to Minister’s discretion. Because termination is exercisable “at any time” by the Minister, the Act gives an executive oversight tool rather than a civil penalty. The available text does not set out procedural requirements for termination or appeal rights.
Civil liability and protections
Corporatisation and ability to sue. Trustees are a corporate body and may be sued in their corporate name (s 6(1)). Stakeholders or claimants may therefore enforce rights or bring claims in civil proceedings against the trustee corporation with respect to fund matters.
Trustees’ personal immunity. The Act provides that no person holding office as a trustee shall be personally liable for anything bona fide done or omitted by them as officeholder (s 12). The immunity is conditional on bona fides, which suggests that acts outside reasonable good faith could fall outside the protection, though the Act does not define the test for “bona fide”.
Fund‑level claimant remedies implied by vesting. Assets forming part of a fund are vested in the trustees (s 7), and benefits or proper expenses are charged on the fund (s 10). Creditors or beneficiaries with claims relating to benefits may enforce rights against the fund assets via proceedings that name the trustees, who represent the fund in legal processes, but the Act does not supply a special enforcement regime.
Regulatory oversight
Application of the PGPA Act. The Act includes a note that the Public Governance, Performance and Accountability Act 2013 applies to the trustees (s 6 note), and the PGPA Act deals with reporting and management of public resources. That suggests administrative and governance obligations and associated PGPA remedies may apply to trustees. However, the Act explicitly excludes s 59 of the PGPA Act from applying to the trustees (s 34) and excludes s 30 relating to termination (s 5(3)). The net effect in the provided text is that other PGPA enforcement tools (such as reporting requirements, audit obligations and misuse of public resources provisions) may apply, subject to the express carve‑outs.
Regulations. The Governor‑General may make regulations prescribing matters required for carrying out the Act (s 36). Regulations can include procedural enforcement mechanisms for meetings, acting chairs and meeting times. The Act leaves unspecified offences, penalties or administrative sanctions to be created by regulation only insofar as necessary or convenient to carry out the Act’s intent.
No express criminal sanctions or pecuniary fines are contained in the operative provisions provided. Enforcement therefore relies mainly on: Ministerial appointment and termination powers (s 5); civil litigation against the trustee corporation (s 6(1)); PGPA Act obligations and remedies as they apply (s 6 note; s 34; s 5(3)); and any regulatory scheme the Governor‑General may make under s 36 to prescribe procedure and ancillary matters. Parties seeking remedies or oversight should consider both the trustees’ corporate exposure and the PGPA framework that the Act brings into play while noting the specified exclusions.
How it interacts with other laws
The Act is drafted to operate alongside existing Commonwealth statutory controls and State laws governing trusts and investments. The text contains express references to the Public Governance, Performance and Accountability Act 2013 and to the universe of Acts or State Acts that regulate trust investments. The principal interaction points are as follows.
Interaction with the Public Governance, Performance and Accountability Act 2013
General application. A note under s 6 states: “The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.” This places the trustees within the PGPA framework for corporate Commonwealth entities for matters the PGPA covers.
Carve‑outs. The Services Trust Funds Act makes two specific carve‑outs: s 5(3) states that s 30 of the PGPA Act, which deals with terminating the appointment of an accountable authority or member of an accountable authority for contravening general duties of officials, “does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.” Section 34 expressly provides that s 59 of the PGPA Act, which deals with investments by corporate Commonwealth entities, “does not apply to the trustees of each fund.” These express provisions mean trustees are subject to the PGPA Act broadly where the PGPA applies, but are excluded from two specific sections relating to termination and investment. The effect is that the PGPA Act’s reporting, audit and resource‑management obligations may apply subject to those exceptions.
Investment law and State statutes
Statutory cross‑referencing. The trustees’ investment power permits investing “in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia” (s 8(b)). This expressly ties permitted investment vehicles to other Commonwealth and State statutory regimes that regulate how trust funds may be invested. The trustees therefore must comply with the applicable statutory investment rules in Commonwealth and State law.
Interaction with s 34. Because s 34 disapplies s 59 of the PGPA Act (investment by corporate Commonwealth entities), trustees’ investment choices are channelled to the vehicles and tests permitted by other Acts or State Acts referred to in s 8(b) rather than to PGPA s 59 standards.
Administrative law and publication requirements
Gazette instruments. The Minister may authorise trustees to administer other property by instrument in writing published in the Gazette (s 13). Publication in the Gazette is a statutory procedural step that engages the administrative law requirement for formal notice and creates legal effect once published. That interacts with procedural norms governing statutory instruments and may affect reviewability and the rights of third parties.
Regulations by the Governor‑General. The Act gives broad regulation‑making power to the Governor‑General to prescribe matters required to give effect to the Act (s 36). That means detailed procedural and administrative architecture (including matters such as meeting procedure, acting chairs and timing) will likely be determined by regulation, which itself is subordinate legislation subject to the usual statutory and review frameworks.
Trust law and fiduciary duties
Trust corpus and charges. The Act vests assets in the trustees (s 7) and makes benefits and proper expenses a charge upon the fund (s 10). Trustees’ duties of proper administration will therefore interlock with general trust law principles (for example, duties of prudence in investment, duties to beneficiaries) to the extent the Act does not displace them. The Act, however, gives trustees particular statutory powers and a corporate vehicle for exercising them.
Definition of dependants. The statutory definition of dependant refers to the opinion of the trustees (s 4). That choice interacts with any legal standards for reasonable exercise of administrative or fiduciary discretion when eligibility is challenged in civil proceedings.
Courts and seals
Judicial notice. Courts, judges and persons acting judicially are to take notice of a trustees’ seal and presume it was duly affixed (s 6(3)). That procedural rule interacts with court practice and streamlines evidentiary burdens in litigation involving documents executed under the trustees’ seal.
No express conflict‑resolution clauses are present in the Act for collisions with other statutes. The drafting therefore directs trustees to comply with the PGPA Act where it applies (subject to carve‑outs), to investment rules prescribed by other Acts or State Acts referenced in s 8(b), and to any regulations made under s 36. Parties interacting with the trustees should therefore assess obligations under the PGPA Act, relevant trust investment statutes and any applicable regulations as they are promulgated.
Amendment history
The version of the Act provided to this analysis contains internal references to the Public Governance, Performance and Accountability Act 2013 and to the Reserve Bank and Commonwealth securities. These references indicate legislative adjustment to align the Services Trust Funds Act 1947 with later Commonwealth governance statutes. The text supplied includes:
A note under s 6 stating the PGPA Act applies to the trustees of each fund and summarising the PGPA Act’s subject matter (s 6 note).
An express disapplication of s 30 of the PGPA Act in relation to trustees and chairs (s 5(3)).
An express disapplication of s 59 of the PGPA Act in relation to trustees (s 34).
Those embedded references show that the present text implements a specific relationship with the PGPA Act, extracting trustees from particular PGPA provisions while otherwise bringing the PGPA architecture to bear.
The Act’s commencement clause remains standard: operation on a date to be fixed by proclamation (s 2). The Act repeats its long title and preamble describing the source of corpus as “the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources.” That preamble sets the historical funding source but is not operative text beyond the asset vesting provisions (s 7 and the fund definitions at s 24(2), s 27(2), s 30(2)).
No schedule of prior amending instruments appears in the provided material. The provided text therefore shows the Act as currently drafted with specific references to the PGPA Act 2013, but it does not include a chronology of amendments, amendment dates, or original vs. current text comparison in the material supplied. The fact of PGPA carve‑outs in s 5(3) and s 34 indicates later legislative intervention to integrate Services Trust Funds governance with the Commonwealth’s modern public governance framework. The Act also cross‑references unspecified State Acts for investment permissions (s 8(b)), which preserves the potential for state law interaction without recording amendments.
For practical purposes, readers should treat the text supplied as the operative wording. Any further amendment history, including the dates and instruments that inserted the PGPA references or created other textual changes, is not present in the material supplied and would need to be confirmed by consulting the official legislative history or consolidation notes on the legislation.gov.au record.
Litigation history
The supplied Act text does not contain any reported cases, litigation annotations or judicial commentary. No judicial decisions, appeals, or litigation outcomes are cited in the material provided. The Act’s text contains procedural and substantive provisions that could give rise to litigation, including:
Civil suits against trustees as corporate entities (s 6(1)).
Possible judicial review of trustee decisions where a party challenges denial of benefits, given the trustees’ discretion to determine entitlement and extent (s 8(a)).
Potential disputes about what constitutes a “dependant” because the definition is framed by trustees’ opinion (s 4).
Questions about the scope of the trustees’ “bona fide” protection from personal liability (s 12).
Conflicts arising from investment choices where s 34 disapplies PGPA s 59 and trustees rely on s 8(b)’s cross‑references to Acts and State Acts.
However, the text supplied does not identify specific cases in which any of these issues have been litigated. There is no litigation history recorded in this document. Any case law addressing the Act’s provisions, the trustees’ obligations under the PGPA Act, or disputes about benefit eligibility would therefore need to be identified by an independent search of judicial databases and consolidated legislative materials. The Act itself contains mechanisms (corporate status of trustees, vesting of assets, and delegation powers) that will shape how disputes are framed and which parties are proper defendants in litigation (typically the trustee corporation rather than individual officeholders).
For readers seeking precedent or judicial interpretation, a focused search of federal and state court decisions will be necessary. The absence of litigation references in the Act text means that statutory language and the PGPA framework (as it applies) will be primary sources for legal analysis until or unless courts provide interpretive guidance.
Gotchas
The Act contains several drafting features and delegation choices that create implementation and compliance risks or unusual legal interactions that practitioners should watch for. These are practical “gotchas” grounded in the statutory text.
Dependants defined by trustees’ opinion (s 4)
The Act defines “dependant” as any person who, in the opinion of the trustees, has such relationship or dependence on a member as to justify benefit. That makes eligibility for dependant benefits rely on the trustees’ subjective assessment. This creates implementation risks in fairness, consistency and reviewability. It also produces a circular tension with s 14: trustees and their dependants are not eligible to receive benefits, but “dependant” is doctrinally determined by trustees’ opinion. Trustees could, in theory, avoid a conflict by recording an opinion that a given person is not a dependant; conversely, a later applicant might argue trustees’ exercise of opinion was unreasonable. This combination concentrates both the power to define beneficiaries and the mechanism for excluding trustees’ close associates in the trustees’ hands.
Broad discretion to determine entitlement (s 8(a))
Trustees can determine whether any person or group is entitled to benefit and the extent of benefit. The Act gives no statutory standards or mandatory criteria for exercise of that discretion, nor does it prescribe appeal or review processes. That will affect administrative risk, the potential for inconsistent decisions across regions, and litigation exposure. The delegation provision (s 9(3)) further allows delegates’ opinions to determine eligibility where the function is opinion‑based, which spreads discretionary authority to non‑trustee decision makers.
Ministerial termination at will (s 5(2))
The Minister may terminate a trustee “at any time.” Section 5(3) explicitly exempts trustees from PGPA s 30, which otherwise provides a mechanism for terminating an accountable authority for contravening general duties. The effect is that the Minister’s removal power stands without the PGPA s 30 procedural overlay. This gives the Minister a strong administrative remedy but raises questions about procedural fairness, transparency, and potential political influence over trustees. The Act does not set out grounds or process for termination beyond Ministerial discretion.
Investment regime nuances (s 8(b) and s 34)
Trustees may invest in Commonwealth securities, deposits with the Reserve Bank and other manners permitted by “any Act or State Act” for trust fund investment (s 8(b)). However s 34 disapplies s 59 of the PGPA Act, which deals with investment by corporate Commonwealth entities. Practically that means trustees must look to other statutory investment rules rather than rely on the PGPA investment standard. The interplay between s 8(b)’s cross‑referencing and s 34’s carve‑out could create uncertainty over the applicable investment standard until clarified by regulation or guidance.
No trustee remuneration, but allowances approved by Minister (s 11)
Trustees are unpaid (s 11(1)), but may be paid travelling and other expenses at a rate approved by the Minister (s 11(2)). The requirement of Ministerial approval for allowances centralises control over compensation-like payments and may affect recruitment or retention of trustees, especially if expected allowances are constrained. It also creates a control point where the Minister can shape trustees’ practical costs of service.
Delegation under seal and revocability (s 9)
Delegations must be made by writing under the seal of the trustees (s 9(1)) and are revocable at will (s 9(2)). That creates a formal procedural requirement (sealed instrument) and leaves delegates’ tenure insecure. While revocability preserves trustee oversight, the combination may complicate stable regional administration if delegations are frequently altered.
Bona fide immunity (s 12)
Trustees enjoy personal protection for “anything bona fide done or omitted to be done” as trustee. The term “bona fide” has interpretive scope that could be litigated, such as whether acts taken in error or in breach of statutory duty fall within immunity. Trustees must therefore document decision‑making and rationales that demonstrate bona fides to rely on the protection.
Self‑funding constraint (s 10) and corpus exposure
All benefits and proper expenses are a charge on the fund (s 10). This means beneficiaries’ entitlements depend on available corpus and returns. If assets are diminished or investments underperform, the trustees may have to ration benefits. There is no express power in the Act for Treasury appropriation to supplement a fund absent Ministerial transfer of property under s 13. That introduces fiscal risk and intertemporal allocation decisions for trustees.
Regulatory gaps
The substantive framework delegates detail to regulations (s 36). Until regulations are created, practical issues on meetings, regional committee composition, and procedural safeguards may be unclear. The Act’s reliance on regulation requires prompt regulatory design for predictable administration.
These features do not assign blame. They are structural design points that create operational consequences: concentrated trustee discretion over beneficiary definition and entitlement, Ministerial appointment and termination power without PGPA s 30 overlay, a hybrid investment regime, and a self‑funded financial model. Practitioners should pay particular attention to record keeping, delegation instruments, the Minister’s approval processes for allowances, and the formulation of regulations to mitigate these risks.
How to comply
This section sets out concrete steps and practices for trustees, the Minister’s office, regional committees and potential beneficiaries to operate within the Act’s requirements and to reduce legal and operational risk. Each recommendation is tied to the Act’s text.
For trustees and chairs
Ensure valid corporate formation and name. Adopt the prescribed corporate name “The Trustees of the (specifying the name of the fund)” and maintain a common seal as required by s 6(2)-(3). Keep a formal seal register and procedures for sealing instruments, as courts are to presume seals are properly affixed (s 6(3)).
Record and witness appointments and terminations. Maintain contemporaneous records of the Minister’s instruments of appointment and any terminations (s 5(1)-(2)). Because the Minister can terminate at any time, trustees should ensure documentation of appointment letters, letters of resignation, and any communication of termination to preserve administrative fairness and to support potential legal review.
Maintain separate fund accounts and asset registers. Vested fund assets must be held by the trustee corporation (s 7). Establish clear accounting systems that segregate fund assets, track income and expenditure and show that benefits and proper expenses are charged against the fund (s 10). This supports compliance with the Act and any PGPA reporting obligations referenced in the note under s 6.
Develop a written investment policy referencing applicable statutes. Investments must be within Commonwealth securities, Reserve Bank deposits or “any other manner for the time being allowed by any Act or State Act” for investment of trust funds (s 8(b)). Trustees should prepare an investment policy that states which statutory investment regimes they rely on, documents statutory authority, and aligns with any applicable PGPA obligations except where excluded by s 34. Keep legal advice on how s 34 interacts with relevant investment statutes.
Implement robust decision documentation. Because dependants and other eligibility determinations depend on trustees’ opinions (s 4) and trustees determine entitlements (s 8(a)), document the factual basis and reasoning for each eligibility decision. Minutes, application files and reasons will support bona fide immunity (s 12) and help withstand any judicial challenge.
Use sealed instruments for delegations and retain revocation records. Delegations must be in writing under the trustees’ seal (s 9(1)). Keep a delegation register recording the instrument, powers delegated, revocation date and the scope of the delegation. Because delegations are revocable at will (s 9(2)), document reasons for revocation and any transitional arrangements to preserve continuity of decisions.
Apply the “trustee‑dependant” exclusion consistently and transparently. Given the circularity risk created by the trustees’ role in defining “dependant” (s 4) and s 14’s prohibition on trustee and dependant benefits, set out a conflicts policy and independent review process for any matter that could benefit someone associated with a trustee. Although the Act does not mandate an independent panel, doing so reduces perception and legal risk.
For Ministerial and governance offices
Ensure formal approval processes for allowances. Any travel or other expense allowances for trustees must be approved by the Minister (s 11(2)). Publish clear guidelines on the approval process, delegation of approval within ministerial offices, and documentation required to support allowance rates.
Use Gazette instruments where transferring other property. If authorising trustees to administer other property, prepare and publish the instrument in the Gazette as required (s 13). Keep records of the instrument’s terms and the effective date, since publication triggers trustees’ obligation to administer the property for specified purposes.
For regional committees and delegates
Obtain sealed delegation instruments and adhere to stated powers. Operate only within the scope specified in the sealed delegation and keep a record of the delegate’s opinion basis where decisions involve opinion, belief or state of mind (s 9(3)).
Maintain local procedure consistent with regulations. Once regulations under s 36 are made, ensure regional committee procedures, meeting timing and representation comply with prescribed requirements.
For administration and compliance generally
Prepare for PGPA Act obligations while noting carve‑outs. The Act’s note under s 6 indicates the PGPA Act applies. Trustees should maintain PGPA‑style governance, financial reporting and record keeping unless expressly excluded by the Act (notably s 5(3) and s 34). Seek legal advice about which PGPA obligations apply in practice and maintain audit‑ready records.
Engage qualified legal and financial advisors for investment and governance. Given the interplay of s 8(b) with Acts and State Acts, seek legal opinion on acceptable investment vehicles and on the effect of s 34. Financial advisors should prepare investment strategies consistent with statutory limits and the fund’s risk tolerance.
Keep transparent beneficiary application processes. Publish application forms, eligibility criteria and expected timelines even if the trustees retain discretion. Clear processes reduce complaints and litigation risk and assist in demonstrating bona fide decision making (s 12).
Plan for self‑funding constraints. Because benefits and expenses are charged on the fund (s 10), maintain actuarial or financial forecasts to ensure sustainable benefit levels. Consider policies for prioritising payments or for temporary suspensions if corpus declines.
Draft internal conflicts of interest policies. Prohibit trustees from participating in decisions affecting their own interests and create disclosure and recusal procedures. Although s 14 disqualifies trustees and dependants from receiving benefits, administrative safeguards will reduce the risk of perceived or actual conflicts.
For beneficiaries and applicant advisers
Apply in writing and retain records. Make benefit applications in writing, keep copies and request written reasons where benefits are refused or limited, as trustees’ decisions are discretional (s 8(a)).
Be aware of the fund as the funding source. Understand that benefits will be paid out of the fund corpus only (s 10). This affects expectations about levels and continuity of support.
Challenge decisions through legal avenues if necessary. Because trustees are statutory decision makers and the trustee corporation may be sued (s 6(1)), applicants with meritorious grounds to challenge reasonableness or procedural fairness should consider litigation or review, noting the document and decision record required to mount such a case.
Practical compliance is built on formal records, clear delegation instruments, documented decision rationales, an investment policy aligned with statutory limits, and early engagement with legal advice on PGPA obligations and investment law. These steps align with the Act’s requirements and mitigate the structural operational risks identified in prior sections.
dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.
fund means any fund established under this Act.
member of the Defence Force means a person who is, or was, prior to his discharge or death:
(a) a member of the Navy, Army or Air Force; or
(b) a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;
and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full‑time paid duty.
trustees, in relation to any fund, means the trustees for the time being of that fund.
Part II—Trustees Generally
5 Appointment of trustees
(1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.
(2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.
(3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.
6 Trustees to be bodies corporate
(1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.
(3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.
7 Assets to be vested in trustees
All assets from time to time forming part of any fund shall be vested in the trustees of that fund.
8 Powers of trustees
The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:
(a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;
(b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;
(c) to realise and convert into money any property forming part of the fund;
(d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;
(e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and
(f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.
9 Power of delegation
(1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.
(3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.
10 Benefits and expenses a charge on the fund
All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.
11 Offices to be honorary
(1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.
(2) A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.
12 Trustees not personally liable
No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.
13 Trustees may be authorised to administer other property
The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.
14 Trustees and their dependants not eligible to benefit
A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.
Part IV—The Royal Australian Navy Relief Trust Fund
24 R.A.N. Relief Trust Fund
(1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.
(2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
26 Administration of the R.A.N. Relief Trust Fund
The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.
Part V—The Australian Military Forces Relief Trust Fund
27 A.M.F. Relief Trust Fund
(1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.
(2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
29 Administration of the A.M.F. Relief Trust Fund
The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.
Part VI—The Royal Australian Air Force Welfare Trust Fund
30 R.A.A.F. Welfare Trust Fund
(1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.
(2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.
32 Administration of the R.A.A.F. Welfare Trust Fund
The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.
Part VII—General
34 Application of the Public Governance, Performance and Accountability Act 2013
Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund.
36 Regulations
The Governor‑General may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular:
(a) for regulating proceedings at meetings of trustees appointed under this Act;
(b) for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and
(c) for prescribing the times at which meetings of any trustees so appointed shall be held.
5 — Appointment of trustees
(1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.
(2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.
(3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.
6 — Trustees to be bodies corporate
(1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.
Note: The Public Governance, Performance and Accountability Act 2013 applies to the trustees of each fund. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
(2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.
(3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.
7 — Assets to be vested in trustees
All assets from time to time forming part of any fund shall be vested in the trustees of that fund.
8 — Powers of trustees
The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:
(a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;
(b) to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;
(c) to realise and convert into money any property forming part of the fund;
(d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;
(e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and
(f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.
9 — Power of delegation
(1) The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.
(3) Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trust
This is an opening excerpt, not the complete document.