37Power to Governor in Council to appoint trustee of patriotic fund

37 Power to Governor in Council to appoint trustee of patriotic fund

(1) If—

(a) there are no trustees of any patriotic fund; or

(b) in the opinion of the Governor in Council, the trustees of any patriotic fund cannot be ascertained or found—

the Governor in Council may, by Order in Council published in the Government Gazette, appoint a person to be trustee of that patriotic fund.

(2) A person appointed under subsection (1) has full power to deal with the patriotic fund as trustee of that patriotic fund.

(3) A copy of the Government Gazette in which an Order in Council under subsection (1) is published—

(a) may be produced to any person—

(i) holding any assets specified in the Order in Council; or

(ii) in whose books any money specified in the Order in Council are credited; or

(iii) where securities or property specified in the Order in Council are inscribed; and

(b) is a sufficient authority and direction to that person to deal with the person appointed under subsection (1) in all respects as if that person were the person for or on whose behalf those assets are held, credited or inscribed.

(4) A copy of the Government Gazette in which an Order in Council under subsection (1) is published—

(a) may be produced to the Registrar of Titles; and

(b) is a sufficient authority and direction for the making by the Registrar without fee of an order vesting in the person appointed under subsection (1) any land under the Transfer of Land Act 1958 specified in the Order in Council.

(5) Any order made by the Registrar of Titles under subsection (4) will have the same force and effect as a vesting order made by the Registrar under section 58 of the Transfer of Land Act 1958.

(6) Nothing in subsection (3), (4) or (5) affects the generality of subsection (2).

(7) The receipt or acknowledgment of the person appointed under subsection (1) will be a sufficient discharge to any person dealing with that person under this section in respect of any assets dealt with under this section.

(8) Upon receiving a receipt or acknowledgment under subsection (7) that person is not bound to see to the application, distribution, appropriation or use of those assets.

(9) Nothing in this section precludes the appointment of the Victorian Veterans Council as a trustee of a patriotic fund.