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CrestWestern Australia

Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Act 1932

Western Australia

Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Act 1932

Contents

1. Short title and commencement 1

2. Terms used in this Act 1

3. The Fund 2

4. The Trust 2

5. Investment and application of the Fund 3

6. Expenses of Trust pending accumulation of the Fund 3

7. Regulations 3

8. Authority to conduct the annual Poppy Day appeal 3

Notes

Compilation table 5

Defined terms

Western Australia

Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Act 1932

An Act to establish the Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund.

[Long title amended: No. 24 of 1958 s. 2.]

1. Short title and commencement

This Act may be cited as the Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Act 1932 1, and shall come into operation on 1 January 1933.

[Section 1 amended: No. 24 of 1958 s. 1.]

2. Terms used in this Act

In this Act —

the annual Poppy Day appeal means an annual appeal of a kind similar to the appeal heretofore known as “the Poppy Day appeal”, and heretofore conducted annually by or under the authority of the League since the Great War, 1914‑1918, on Armistice Day;

the League means The Returned and Services League of Australia WA Branch Incorporated;

the State secretary means the State secretary to the League.

[Section 2 amended: No. 10 of 1934 s. 2; No. 24 of 1958 s. 3; No. 47 of 2011 s. 17.]

3. The Fund

(1) The Fund inaugurated by the League and known as the Western Australian Aged Sailors and Soldiers’ Relief Fund is hereby established.

(2A) The League shall, on the commencement of this Act, remit to the Trust all moneys held by the League in an account known as “W.A. Aged Sailors and Soldiers’ Relief Fund”.

(2B) Each sub‑branch of the League shall, on the commencement of this Act, and on or before 1 December 1933, and in every subsequent year remit to the State secretary one‑half of the net proceeds of the annual Poppy Day appeal, and the moneys so received by the State secretary shall be paid by him to the Trust hereby established.

(2C) From the commencement of the Western Australian Aged Sailors and Soldiers’ Relief Fund Act Amendment Act 19581, the account constituted by subsection (2A) shall be known as the “Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund”.

(3) The Fund shall consist of —

(a) one‑half of the net proceeds of the annual Poppy Day appeal received by the Trust under subsection (2B);

(b) such other moneys as may be set aside for the purposes of this Act by the annual State Congress of the League;

(c) donations or bequests.

[Section 3 amended: No. 24 of 1958 s. 4; No. 19 of 2010 s. 51.]

4. The Trust

(1) The Fund is hereby vested in and shall be administered by a Trust.

(2) The Trust shall consist of 3 members, to be appointed from time to time by the Governor. One of the members shall be nominated by the State Executive of the League.

(3) The Trust, by the name of the Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Trust, shall be a body corporate, with perpetual succession and a common seal.

[Section 4 amended: No. 24 of 1958 s. 5.]

5. Investment and application of the Fund

(1) All moneys to the credit of the Fund shall be invested by the Trust, under and subject to the Trustees Act 1900 2, and shall accumulate with interest until 1 December 1940.

(2) Thereafter such moneys shall, subject to the regulations, be applied by the Trust in its discretion for the benefit of aged and/or invalid sailors, soldiers, airmen and nurses eligible for membership of the League, and for any person who, immediately before the death of any such sailor, soldier, airman or nurse, was the spouse or de facto partner of that person.

(3) A benefit under subsection (2) shall be applied only for a person who is domiciled in the State of Western Australia.

[Section 5 amended: No. 24 of 1958 s. 6 3; No. 28 of 2003 s. 206; No. 19 of 2010 s. 51.]

6. Expenses of Trust pending accumulation of the Fund

The League may defray from its general fund the expense incurred by the Trust in administering this Act, pending the accumulation of the Fund under the provisions of section 5.

7. Regulations

The Governor may make such regulations as are necessary or convenient to be made for the effective administration of this Act, or to facilitate the carrying out of the objects thereof.

8. Authority to conduct the annual Poppy Day appeal

(1) From and after the commencement of this section it shall be lawful for the League, but for no other body or person, to hold, manage, and conduct in Western Australia the annual Poppy Day appeal.

(2) The annual Poppy Day appeal shall be conducted in accordance with the regulations.

(3) Any person who, in contravention of this section, conducts, or attempts to conduct, or permits or suffers to be conducted, or who aids in, abets, takes part in, or whether with or without personal reward or remuneration as a servant or agent, or otherwise engages in the conduct of the annual Poppy Day appeal, will be guilty of an offence.

Penalty: $200.

(4) Where any annual Poppy Day appeal is conducted in contravention of this section, any moneys collected by such appeal shall be held by the person collecting or having such moneys in his possession in trust for the League, and such person, on demand, shall pay such moneys to the League, and until such moneys are so paid to the League the amount thereof shall be a debt owing to the League from the person for the time being holding the same, and shall be recoverable by the League from such person in any court of competent jurisdiction.

[Section 8 inserted: No. 10 of 1934 s. 3; amended: No. 113 of 1965 s. 8(1).]

Notes

1 This is a compilation of the Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Act 1932 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

2 Repealed by the Trustees Act 1962.

3 An amendment was made to this section by the Western Australian Aged Sailors and Soldiers’ Relief Fund Act Amendment Act 1958 s. 6(b) which reads as follows:

“

(b) by substituting for the passage, “soldiers or sailors,” in lines eight and nine, the passage, “sailors, soldiers and airmen,”;

”,

This amendment is inconsistent with the amendment made by the Western Australian Aged Sailors and Soldiers’ Relief Fund Act Amendment Act 1958 s. 6(c) and the latter has been incorporated in this reprint.

4 Now known as the Western Australian Aged Sailors, Soldiers and Airmen’s Relief Fund Act 1932; short title changed (see note under s. 1).

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

the annual Poppy Day appeal 2

the League 2

the State secretary 2