Victorian Legislation and Parliamentary Documentsi
Version No. 001
St Andrew's Foundation Act 1997
Act No. 85/1997
Version as at 23 April 1998
TABLE OF PROVISIONS
Section Page
Purpose 2
Commencement 2
Definitions 2
Board may transfer property to trustees 3
Vesting of trust property in trustees 3
Gifts, trusts etc. 4
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ENDNOTES 5
General Information 5
Table of Amendments 6
Explanatory Details 7
Victorian Legislation and Parliamentary Documents1
Version No. 001
St Andrew's Foundation Act 1997
Act No. 85/1997
Version as at 23 April 1998
Preamble
St Andrew's Presbyterian Hospital at East
Melbourne was founded in 1934 by the
Presbyterian Church of Victoria.
St Andrew's Hospital was established under the
St Andrew's Hospital Act 1978 as the successor
in law of St Andrew's Presbyterian Hospital.
The membership of the Board of Management of
St Andrew's Hospital includes members nominated
by the Uniting Church in Australia (Synod of
Victoria) and members nominated by the
Presbyterian Church of Victoria.
The Hospital was closed in 1990.
An endowment fund held by the Board of
Management consists of charitable donations and
bequests.
A trust deed entered into on 20 October 1997—
(a) establishes a public charitable trust fund
known as The St Andrew's Foundation for the
provision of grants and donations towards the
hospitals, aged care facilities and community
services provided by the Presbyterian Church
of Victoria and the Uniting Church in
Australia (Synod of Victoria) and to certain
other public benevolent organisations and
institutions; and
(b) appoints trustees of the Foundation.
Victorian Legislation and Parliamentary DocumentsAct No. 85/1997
St Andrew's Foundation Act 1997
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It is intended that the property in the endowment
fund be transferred to the trustees of The
St Andrew's Foundation to be held and applied for
charitable purposes.
The Parliament of Victoria therefore enacts as follows:
Purpose
The purpose of this Act is to provide for the
transfer of certain charitable donations and
bequests to the trustees of The St Andrew's
Foundation.
Commencement
(1) This Act, except sections 5 and 6, comes into
operation on the day on which this Act receives
the Royal Assent.
(2) Subject to sub-section (3), sections 5 and 6 come
into operation on a day to be proclaimed.
(3) If sections 5 and 6 do not come into operation
before 1 June 1998, they come into operation on
that day.
Definitions
In this Act—
"Board" means the Board of Management of
St Andrew's Hospital;
"Foundation" means the public charitable trust
fund known as The St Andrew's Foundation
established under the trust deed;
"St Andrew's Hospital" means the body
corporate established by the St Andrew's
Hospital Act 1978 and includes the hospital
formerly conducted and maintained at East
Melbourne by that body corporate or by the
Presbyterian Church of Victoria;
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St Andrew's Foundation Act 1997
3
"trust deed" means the trust deed establishing
The St Andrew's Foundation executed by the
founders and initial trustees on 20 October
1997 and, if amended, means that trust deed
as so amended and in force for the time
being;
"trustees" means the initial trustees under the
trust deed or any new trustees appointed
under, and in accordance with, the trust deed;
"trust property" means the endowment fund
held by the Board of Management of St
Andrew's Hospital immediately before the
commencement of this section and—
(a) a gift, disposition or trust of property
made or declared, or deemed to have
been made or declared; or
(b) a trust fund created—
before the commencement of this section
(whether by deed, will or otherwise) to, or in
favour of, or for the use of, or for carrying
out the objects of, St Andrew's Hospital.
4. Board may transfer property to trustees
The Board may transfer to the trustees the whole
or any part of the trust property to be held and
applied in accordance with the trust deed.
5. Vesting of trust property in trustees
On the commencement of this section, any trust
property not transferred to the trustees before that
commencement vests in the trustees to be held and
applied in accordance with the trust deed.
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St Andrew's Foundation Act 1997
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6. Gifts, trusts etc.
If—
(a) before, on or after the commencement of this
section—
(i) a gift, disposition or trust of property
has been or is made or declared or is
deemed to have been made or declared;
or
(ii) a trust fund has been or is created—
(whether by deed, will or otherwise) to, or in
favour of, for the use of, or for the purposes
of, St Andrew's Hospital; and
(b) the gift, disposition or trust takes effect, or
may take effect, or the trust fund may be
applied, on or after that commencement—
the gift, disposition, trust or trust fund does not
fail only because of the provisions of this Act or
because of the closing of the St Andrew's
Hospital, but on and after that commencement—
(c) in the case of a gift, disposition or trust of
property, takes effect as if made or declared
to or in favour of the trustees to be held and
applied in accordance with the trust deed;
and
(d) in the case of a trust fund, may be applied, as
if created in favour of the trustees, in
accordance with the trust deed.
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ENDNOTES
General Information
Minister's second reading speech—
Legislative Assembly: 30 October 1997
Legislative Council: 19 November 1997
The long title for the Bill for this Act was "A Bill to provide for the transfer
of certain charitable donations and bequests to the trustees of The
St Andrew's Foundation and for other purposes."
The St Andrew's Foundation Act 1997 was assented to on 2 December
1997 and came into operation as follows:
Sections 1–4 on 2 December 1997: s. 2(1); sections 5 and 6 on 23 April 1998:
Government Gazette 23 April 1998 p. 880.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 85/1997
St Andrew's Foundation Act 1997
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2. Table of Amendments
There are no amendments made to the St Andrew's Foundation Act 1997
by Acts and subordinate instruments.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 85/1997
St Andrew's Foundation Act 1997
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3. Explanatory Details
No entries at date of publication
Endnotes
Section 1 - St Andrew's Foundation Act 1997 - St Andrew's Foundation Act 1997 | Zoe