38Transfer of surplus moneys in patriotic fund by Governor in Council

38 Transfer of surplus moneys in patriotic fund by Governor in Council

(1) The Governor in Council upon the recommendation of the Minister may, by Order in Council published in the Government Gazette, direct that any assets in any patriotic fund which he or she considers will not be required for the purposes for which the patriotic fund was established be—

(a) applied or used by the trustees of the patriotic fund for any purposes in connection with any service or duty but not authorised by the trust; or

(b) transferred to and vested in the trustees of some other patriotic fund; or

(c) transferred to and vested in the Victorian Veterans Fund, but only if the trustees of the patriotic fund agree to the transfer; or

(d) transferred to the trustees of the Shrine of Remembrance, but only if the trustees of the patriotic fund agree to the transfer.

(2) An Order in Council under subsection (1) has the force of law and any payments and transfers that are necessary to carry out the directions of the Governor in Council under that subsection are to be made.

(3) The receipt or acknowledgment of the transferees is sufficient discharge to the persons paying or transferring any assets in that fund under this section.

(4) Upon receiving a receipt or acknowledgment under subsection (3) the persons paying or transferring any assets are not bound to see to the application, distribution, appropriation or use of those assets.