Version No. 050
Patriotic Funds Act 1958
Act No. 6331/1958
Version incorporating amendments as at 9 March 2000
TABLE OF PROVISIONS
Section
1.
2.
3.
3A.
4.
5.
6.
7.
8.
9.
10.
11.
12.
12A.
Page
Short title and commencement
1
Repeal and savings
1
Definitions
2
Halls, etc. part of assets of patriotic fund
7
Constitution of Patriotic Funds Council
7
Incorporation of council
8
Power to council to appoint an executive committee
9
Quorum of council
9
Powers and duties of council
10
General powers and duties
10
Further powers
11
Appointment of local committees
11
Power to trustees to transfer patriotic fund to other trustees
12
Power to trustees to transfer patriotic fund to trustees of
charitable trust or charitable corporation
12
12B. Transfer of patriotic funds outside the State
14
13. Power to Governor in Council to appoint trustee of patriotic fund 15
14. Transfer of surplus moneys in patriotic fund by Governor in
Council
16
15. Vesting of patriotic funds in council in certain cases
17
16. Acts done by trustees prior to transfer of patriotic fund validated 18
17. Expenditure of patriotic funds
19
18. Statement to be supplied by trustees of patriotic funds
22
19. Other statement as to fund to be furnished
23
20. Penalties for neglect to furnish particulars
24
21. Banking account
24
22. Investment of moneys not immediately required by council
25
23. Unauthorized collections prohibited
26
24. Evidence of what is a patriotic fund
31
25. Power to council to demand accounts balance-sheets etc.
31
26. Penalty for misapplication of moneys etc. obtained from the
council
32
27. Prosecutions etc.
33
28. Repealed
34
29. Council to report to Minister
34
i
Section
30.
31.
Page
Banking companies to furnish certain information to council
Regulations
__________________
SCHEDULE—Repeals
34
35
36
═══════════════
NOTES
37
1. General Information
37
2. Table of Amendments
38
3. Explanatory Details
41
INDEX
42
ii
Version No. 050
Patriotic Funds Act 1958
Act No. 6331/1958
Version incorporating amendments as at 9 March 2000
An Act to consolidate the Law relating to the Regulation and
Control of the Raising Collection and Application of Patriotic
Funds.
BE IT ENACTED by the Queen's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
1. Short title and commencement
This Act may be cited as the Patriotic Funds Act
1958, and shall come into operation on a day to be
fixed by proclamation of the Governor in Council
published in the Government Gazette.
2. Repeal and savings
(1) The Acts mentioned in the Schedule to the extent
thereby expressed to be repealed are hereby
repealed accordingly.
(2) Except as in this Act expressly or by necessary
implication provided—
(a) all persons things and circumstances
appointed or created by or under any of the
repealed Acts or existing or continuing under
any of such Acts immediately before the
commencement of this Act shall under and
subject to this Act continue to have the same
status operation and effect as they
1
Patriotic Funds Act 1958
Act No. 6331/1958
s. 3
respectively would have had if such Acts had
not been so repealed;
(b) in particular and without affecting the
generality of the foregoing paragraph such
repeal shall not disturb the continuity of
status operation or effect of any
proclamation regulation order appointment
transfer declaration validation vesting
statement notice certificate approval
authorization report proceeding liability or
right made issued granted given instituted
accrued incurred or acquired or existing or
continuing by or under any of such repealed
Acts before the commencement of this Act;
nor shall such repeal limit or affect the
operation or effect of sub-sections (3) or (4)
of section two of the Patriotic Funds Act
1942.
3. Definitions
(1) In this Act unless inconsistent with the context or
subject-matter—
Nos 4717 s. 2,
4916 ss
2(1)(a), 3(1),
5148 s. 2,
5750 s. 2(1).
"Council" means the Patriotic Funds Council of
Victoria;
"patriotic fund" means any fund (including all
moneys and securities for money and all
property real or personal in or forming part
of such fund) heretofore or hereafter raised
wholly or in part—
by private or public subscriptions
collections or contributions; or
by carnivals fêtes entertainments or any
other means (whether of the like nature
or not) for raising money—
for any purpose in connection with any
service or duty as an officer or a member of
2
S. 3(1) def. of
"patriotic
fund"
amended by
Nos 7338
s. 2(1)(a)–(d),
8181
s. 2(1)(Sch.
item 148),
71/1998
s. 4(1)(a)–(g).
s. 3
Patriotic Funds Act 1958
Act No. 6331/1958
the naval, military or air forces of Her
Majesty or of the Commonwealth of
Australia or of any of the naval, military or
air forces of Her Majesty's allies and in
particular for any of the following purposes,
namely—
(a) for the relief of distress occasioned by
any service or duty whether in Victoria
or elsewhere in the British dominions
or in the territory of any of Her
Majesty's allies, whether such territory
is in enemy occupation or not;
(b) for the equipment in whole or in part of
any portion of Her Majesty's naval
military or air forces or of the naval
military or air forces of the
Commonwealth of Australia including
the equipment of any ambulance
hospital or hospital ship;
(c) for the supply of comforts or
conveniences to officers and members
of the said forces;
(d) for the relief assistance or support of
officers and members of the said forces
or of any of the naval military or air
forces of Her Majesty's allies or of any
force or service of men or women
(including nursing services) auxiliary to
any of those forces (including officers
whose appointments have been
terminated and members who have
been discharged) who are as a result of
any service or duty sick wounded
disabled out of employment or in
necessitous circumstances or for the
relief assistance or support of their
dependants or of the dependants of
3
Patriotic Funds Act 1958
Act No. 6331/1958
officers and members (including
officers whose appointments have been
terminated and members who have
been discharged) who have died as a
result of any service or duty;
(e) for the—
(i) purchase or lease of land and the
erection on the land of a hall or
clubrooms;
(ii) purchase or lease of land upon
which is situated a hall or
clubrooms;
(iii) alteration, renovation, furnishing
and equipment of a hall or
clubrooms; and
(iv) maintenance and repair of a hall
or clubrooms and its furniture and
equipment and the surrounding
grounds—
so that the hall or clubrooms may be
used by members of an organization of
persons who have been or are officers
or members of the naval military or air
forces of Her Majesty or of the
Commonwealth of Australia or of any
of the naval military or air forces of Her
Majesty's allies or of any force or
service of men or women (including
nursing services) auxiliary to any of
those forces which organization has
been set up for their benefit—
and includes any other fund declared by the
Governor in Council to be a patriotic fund
and a fund of any class declared by the
Governor in Council to be patriotic funds but
4
s. 3
s. 3
Patriotic Funds Act 1958
Act No. 6331/1958
does not include the fund or any part of the
fund of the Australian Red Cross Society or
any fund which is raised for the purpose of
commemorating any event of any proclaimed
war or any person or persons or body or
class of persons who served or took part or
suffered in any proclaimed war but which is
not applied or intended to be applied for any
of the purposes referred to in paragraphs
(a)(b)(c)(d) and (e) of this interpretation;
"prescribed" means prescribed by this Act or the
regulations;
S. 3(1) def. of
"public
purpose"
inserted by
No. 9492 s. 2.
"public purpose" means any purpose for the
promotion of the community welfare
generally and includes any sporting or
recreation purpose;
"regulations" means regulations made under this
Act;
S. 3(1) def. of
"service or
duty"
inserted by
No. 71/1998
s. 4(2).
"service or duty" means—
(a) any naval, military or air service in any
proclaimed war; and
(b) any special defence undertaking within
the meaning of section 6 of the Defence
(Special Undertakings) Act 1952 of the
Commonwealth; and
(c) any peacetime activities, including
peace keeping activities; and
(d) any training activities, including
activities conducted in conditions
simulating war or war-like activities—
engaged in by an officer or a member of the
naval, military or air forces of Her Majesty
or of the Commonwealth of Australia or of
any of the naval, military or air forces of Her
Majesty's allies that are authorised expressly
5
Patriotic Funds Act 1958
Act No. 6331/1958
s. 3
or impliedly or are incidental to the scope of
service or duty of the officer or member;
"transfer" includes convey, and the derivatives
of "transfer" have a corresponding
interpretation;
"trustee" (in the case of any patriotic fund other
than a patriotic fund established by or vested
in the council) includes every person for the
time being exercising control either solely or
jointly with any other persons over such
patriotic fund;
(2) Any fund raised wholly or in part in any manner
referred to in the interpretation of "Patriotic Fund"
in the last preceding sub-section specifically for
any of the purposes referred to in paragraphs
(a)(b)(c)(d) and (e) of the said interpretation shall
be deemed a patriotic fund notwithstanding that
there may have been in the donors of the fund a
general charitable intention extending beyond
those purposes.
(2A) A patriotic fund established before the
commencement of section 4 of the Patriotic
Funds (Amendment) Act 1998 may be applied
for any purpose in connection with any service or
duty.
(3) In this Act "any proclaimed war" shall be deemed
and taken to refer to any war or hostilities or
special assignment—
(a) in which any of the naval military or air
forces of Her Majesty or of the
Commonwealth of Australia have been are
or may hereafter be engaged; and
6
S. 3(2)
amended by
Nos 7338
s. 2(2), 8181
s. 2(1)(Sch.
item 148).
S. 3(2A)
inserted by
No. 71/1998
s. 4(3).
S. 3(3)
amended by
No. 71/1998
s. 4(4).
s. 3A
Patriotic Funds Act 1958
Act No. 6331/1958
(b) which is specified for the purposes of this
Act by proclamation of the Governor in
Council published in the Government
Gazette—
and the Governor in Council may make and in like
manner from time to time revoke amend or vary
any proclamation for that purpose.
S. 3(4)
inserted by
No. 7338
s. 2(3).
S. 3A
inserted by
No. 71/1998
s. 5.
(4) In this Act the expressions "Her Majesty's naval
military or air forces" and "the naval, military
and air forces of Her Majesty" and similar
expressions mean the naval military or air forces
of any nation, dominion or colony of which Her
Majesty or a predecessor or successor of Her
Majesty is or was (as the case may be) sovereign.
3A. Halls, etc. part of assets of patriotic fund
(1) The assets of a patriotic fund include—
(a) any hall, clubroom or other building
purchased by a trustee of the patriotic fund
wholly or partly from money in the patriotic
fund; or
(b) any lease of a hall, clubroom or other
building, payments under which have been
made from money in a patriotic fund.
(2) An asset referred to in sub-section (1) is to be
dealt with in the same way as money or property
in or forming part of a patriotic fund.
(3) Sub-section (1) applies to any hall, clubroom or
other building purchased or leased by a trustee
before the commencement of section 5 of the
Patriotic Funds (Amendment) Act 1998.
No. 4717 s. 3.
4. Constitution of Patriotic Funds Council
(1) There shall be a council to be called the Patriotic
Funds Council of Victoria.
7
Patriotic Funds Act 1958
Act No. 6331/1958
s. 5
(2) The council shall consist of not more than
eighteen persons appointed by the Governor in
Council to be members of the council for such
terms as the Governor in Council thinks fit.
(3) Upon the expiration of the term for which any
person is appointed to be a member of the council
such person shall be eligible for re-appointment.
(4) The Governor in Council may appoint one of the
members of the council to be the chairman thereof
and another member to be the vice-chairman
thereof.
(5) The Governor in Council may at any time remove
any member of the council and may, upon the
occurrence of any vacancy (however occurring) in
the office of chairman or vice-chairman or other
member of the council, appoint some person to fill
the vacancy.
(6) The members of the council shall be entitled to
receive such travelling expenses as are prescribed.
(7) No member of the council or of the executive
committee or of any local committee shall be
entitled to receive or shall receive any fee
honorarium or other remuneration whatsoever in
respect of his services as such member.
5. Incorporation of council
The council shall be a body corporate by the name
of the Patriotic Funds Council of Victoria and
such body corporate by that name shall have
perpetual succession and a common seal and may
sue and be sued and subject to and for the
purposes of this Act shall have power to purchase
take hold sell mortgage lease take on lease
exchange or dispose of real and personal property
and to do and suffer all such other acts and things
as bodies corporate may by law do or suffer.
8
No. 4717 s. 4.
s. 6
No. 4717 s. 5.
Patriotic Funds Act 1958
Act No. 6331/1958
6. Power to council to appoint an executive committee
(1) At any meeting of the council at which not less
than one-half of the whole number of the council
are present the council may appoint an executive
committee of the council.
(2) The executive committee shall consist of the
chairman and vice-chairman of the council and of
three other members elected by the council.
(3) The members elected by the council shall be
entitled to hold office for twelve months after the
date of their election.
(4) Any vacancy occurring in the office of an elected
member of the executive committee may be filled
by the election of another member by the council.
(5) Three members of the executive committee shall
form a quorum.
(6) The executive committee may be continued
altered or discontinued by the council and shall
have and may exercise such powers duties and
functions as are conferred or imposed upon it by
the council.
No. 4717 s. 6.
7. Quorum of council
(1) At any meeting of the council a quorum shall
consist of six members.
(2) The chairman shall preside at every meeting of the
council at which he is present and if at any
meeting he is not present the vice-chairman shall
preside and if neither the chairman nor vicechairman is present some other member of the
council shall be chosen by the members present to
preside thereat.
(3) If there is an equal number of votes upon any
question the chairman presiding at the meeting
shall have a second or casting vote in addition to
9
Patriotic Funds Act 1958
Act No. 6331/1958
s. 8
his vote as a member of the council; but if there is
an equality of votes in the election of the
chairman of any meeting it shall be decided by lot
which of the members of the council having an
equal number of votes shall be the chairman.
8. Powers and duties of council
No. 4717 s. 7.
(1) The council shall have and may exercise the
powers duties and functions conferred or imposed
upon it by or under this Act and such other powers
duties and functions as are conferred or imposed
upon it for the purposes of this Act by the
Governor in Council.
(2) For the purposes of exercising such powers duties
and functions the council may, with the approval
of the Minister and the consent of the Minister
administering the department concerned, make
use of the services of any of the employees in any
department of the public service; and one of such
employees shall be appointed by the Minister to
be the secretary of the council.
S. 8(2)
amended by
No. 46/1998
s. 7(Sch. 1).
(3) All proper costs and expenses (including
travelling expenses of the members) of and
incidental to the exercise of the powers duties and
functions of the council (including the
administration of any patriotic fund established by
or vested in the council) shall be paid out of
moneys available for the purpose.
S. 8(3)
amended by
No. 31/1994
s. 3(Sch. 1
item 46) (as
amended by
No. 43/1995
s. 19(1)(a)(v)).
9. General powers and duties
Subject to and for the purposes of this Act the
council—
(a) shall hold and apply and may expend and
dispose of any property real or personal
vested in or acquired by it;
(b) may with the consent of the Governor in
Council establish any patriotic fund;
10
No. 4717 s. 8.
s. 10
Patriotic Funds Act 1958
Act No. 6331/1958
(c) may apply any patriotic fund or any portion
thereof or any property real or personal
vested in it to the training of discharged
soldiers or for any other prescribed purpose
so far as the same is applicable to such
purposes; and
(d) may regulate its own procedure and the
procedure of any committee under this Act.
No. 4717 s. 9.
10. Further powers
The council may—
(a) regulate and control subscriptions collections
or contributions to any patriotic fund and by
such means as to the council seem fit ensure
the proper administration distribution or
disposal of such subscriptions collections
and contributions;
(b) control all trustees of and all persons
soliciting or receiving subscriptions
collections or contributions to any patriotic
fund;
(c) at the request of the trustees of any patriotic
fund which has not been transferred to the
council assist in the administration or
investment of that fund; and
(d) sanction the transfer of a patriotic fund or
any portion of a patriotic fund by the trustees
thereof to the trustees of any other patriotic
fund.
No. 4717 s. 10.
11. Appointment of local committees
(1) The council may appoint for any locality a local
committee consisting of such persons as the
council thinks fit and may at any time continue
alter or discontinue any local committee.
11
Patriotic Funds Act 1958
Act No. 6331/1958
s. 12
(2) Subject to the control of the council every local
committee shall have and may exercise such
powers duties and functions as are imposed or
conferred upon it for the purposes of this Act by
the council.
(3) Where a local committee has been appointed for
the purposes of any patriotic fund the council shall
take into consideration any recommendations of
such committee with respect to that fund.
12. Power to trustees to transfer patriotic fund to other
trustees
Nos 4717
s. 11, 4916
s. 3(2).
(1) The trustees of any patriotic fund may with the
sanction of the council transfer such patriotic fund
or any portion thereof to the trustees of any other
patriotic fund and the patriotic fund or portion
thereof so transferred shall thereupon vest in the
trustees of such other patriotic fund.
(2) The receipt or acknowledgment of the person duly
authorized to sign receipts or acknowledgments
on behalf of the trustees to whom such patriotic
fund or portion of a patriotic fund is so transferred
shall be a sufficient discharge to the persons
transferring any moneys securities or property,
comprising such patriotic fund or portion of a
patriotic fund, under this section, and such
persons shall not thereafter be bound to see to the
application distribution appropriation or use
thereof.
12A. Power to trustees to transfer patriotic fund to trustees
of charitable trust or charitable corporation
(1) Where in the opinion of the council (in the case of
a patriotic fund administered by the council) or of
the trustees (in the case of any other patriotic
fund) it would more successfully accomplish the
purposes for which the fund was established if the
patriotic fund or any portion thereof were
12
S. 12A
inserted by
No. 8403 s. 3.
S. 12A(1)
amended by
Nos 8957
s. 2(a)(d), 9492
s. 3(a)(b),
12/1989
s. 4(1)(Sch. 2
item 87.1).
s. 12A
Patriotic Funds Act 1958
Act No. 6331/1958
transferred to the trustees of any other fund or
property held on trust for any charitable purpose
or to any corporation having any charitable
objects or to any municipal council exercising or
proposing to exercise any power for the relief,
assistance or support of any class of persons in
special need of help or for any other public
purpose the council or trustees may with the
sanction of the Governor in Council and, in the
case of a patriotic fund administered by trustees,
with the sanction of the council—
S. 12A(1)(a)
amended by
Nos 8957
s. 2(b), 9492
s. 3(c),
12/1989
s. 4(1)(Sch. 2
item 87.1).
(a) transfer the fund or portion thereof to the
trustees of the other fund or property to be
held by them upon the same trusts as the
other fund or property, or transfer the fund or
portion thereof to the corporation to be
applied to its charitable objects or to the
municipal council to be applied in the
exercise of the power or for any other public
purpose; or
S. 12A(1)(b)
amended by
Nos 8957
s. 2(c),
12/1989
s. 4(1)(Sch. 2
item 87.1).
(b) transfer the fund or portion thereof to the
trustees of the other fund or property or to
the corporation or to the municipal council to
be held by them or it upon such trusts as are
specified by the Governor in Council—
and the patriotic fund or portion thereof so
transferred shall thereupon vest in the trustees of
the other fund or property or in the corporation or
in the municipal council to be held and applied by
them or it accordingly.
S. 12A(2)
amended by
Nos 8957
s. 2(e),
12/1989
s. 4(1)(Sch. 2
item 87.2).
(2) The receipt or acknowledgment of the person duly
authorized to sign receipts or acknowledgments
on behalf of the trustees or corporation or
municipal council to whom the patriotic fund or
portion of a patriotic fund is so transferred shall
be a sufficient discharge to the persons
transferring any moneys security or property
13
Patriotic Funds Act 1958
Act No. 6331/1958
s. 12B
comprising the patriotic fund or portion of a
patriotic fund under this section, and those
persons shall not thereafter be bound to see to the
application distribution appropriation or use
thereof.
(3) Despite sub-section (1), the council or a trustee of
a patriotic fund (with the consent of the council)
may, without the sanction of the Governor in
Council, transfer money or property in or forming
part of the patriotic fund to a trustee, corporation
or municipal council referred to in sub-section (1)
if the amount of money or the value of the
property does not exceed $20 000.
12B. Transfer of patriotic funds outside the State
(1) The trustees of any patriotic fund or the council
(in the case of a patriotic fund administered by the
council) may with the sanction of the Governor in
Council and, in the case of a patriotic fund
administered by trustees, with the sanction of the
council, transfer the patriotic fund or any portion
of it to—
(a) the trustees of a patriotic fund, or the
equivalent thereof constituted under the law
of any other State or Territory of the
Commonwealth;
(b) the trustees of any other fund or property
held on trust for any charitable purpose
established in any other State or Territory of
the Commonwealth; or
(c) any corporation having charitable objects
incorporated under the law of any other State
or Territory of the Commonwealth—
and the patriotic fund or portion thereof so
transferred shall thereupon vest in the trustees of
the other patriotic fund or fund or property held
14
S. 12A(3)
inserted by
No. 71/1998
s. 6.
S. 12B
inserted by
No. 9492 s. 4.
s. 13
Patriotic Funds Act 1958
Act No. 6331/1958
on trust for any charitable purpose or in the
corporation.
(2) The receipt or acknowledgment of the person duly
authorized to sign receipts or acknowledgments
on behalf of the trustees or the corporation to
whom the patriotic fund or portion thereof is
transferred under this section shall be sufficient
discharge to the persons transferring the moneys,
security or property comprising the patriotic fund
or portion thereof and those persons shall not
thereafter be bound to see to the application,
distribution, appropriation and use of it.
No. 4916 s. 9.
13. Power to Governor in Council to appoint trustee of
patriotic fund
(1) Where there are no trustees of any patriotic fund
or where 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 such fund.
(2) The person so appointed shall have full power to
deal in all respects with the moneys securities for
money and property real and personal in such
fund as trustee of such fund.
(3) Without affecting the generality of the last
preceding sub-section, a copy of the Government
Gazette in which such Order in Council is so
published—
(a) when produced to any banking or other
company or person by whom any moneys
securities or property specified in such Order
in Council are held or in whose books any
moneys so specified are credited or any
securities or property so specified are
inscribed, shall be a sufficient authority and
15
Patriotic Funds Act 1958
Act No. 6331/1958
s. 14
direction to such company or person to deal
with the person so appointed in all respects
as if he were the person or body for or on
whose behalf such moneys securities or
property are held or to whose account such
moneys are credited or in whose name such
securities or property are inscribed; and
(b) when produced to the Registrar of Titles,
shall be a sufficient authority and direction
for the making by the Registrar without fee
of an order vesting in the person so
appointed any land or estate or interest in
land under the Transfer of Land Act 1958
specified in such Order in Council, and any
order so made by the Registrar shall have the
same force and effect as a vesting order
made by the Registrar pursuant to section
fifty-eight of the Transfer of Land Act
1958.
(4) The receipt or acknowledgment of the person so
appointed shall be a sufficient discharge to any
company or person dealing with such person
under this section in respect of any moneys
securities or property so dealt with as aforesaid,
and such company or person shall not be bound to
see to the application distribution appropriation or
use thereof.
14. Transfer of surplus moneys in patriotic fund by
Governor in Council
(1) The Governor in Council upon the
recommendation of the council may by Order
published in the Government Gazette direct that
any moneys and securities for money and property
real or personal in any patriotic fund which he
considers will not be required for the purposes for
which the fund was established shall be—
16
Nos 4717
s. 12, 4916
s. 3(3).
s. 15
S. 14(1)(a)
amended by
No. 71/1998
s. 12(a).
Patriotic Funds Act 1958
Act No. 6331/1958
(a) applied or used by the trustees of the fund
for any purposes in connection with any
service or duty but not authorized by the
trust;
(b) transferred to and vested in the trustees of
some other patriotic fund; or
S. 14(1)(c)
amended by
No. 71/1998
s. 12(a).
(c) transferred to and vested in the council to be
applied or used for the purposes of other
patriotic funds or for other purposes in
connection with any service or duty.
(2) Every such Order shall have the force of law and
such payments and transfers as are necessary shall
be made to carry out the directions of the
Governor in Council under this section.
(3) The receipt or acknowledgment of the transferees
shall be a sufficient discharge to the persons
paying or transferring any moneys securities and
property in such fund under this section and such
persons shall not thereafter be bound to see to the
application distribution appropriation or use
thereof.
Nos 4717
s. 13, 4916
s. 4.
15. Vesting of patriotic funds in council in certain cases
(1) The Governor in Council on the recommendation
of the council may by Order published in the
Government Gazette vest in the council any
patriotic fund on being satisfied—
(a) that a majority of at least three-fifths in
number of the trustees of the fund have
consented thereto; or
(b) that there has been maladministration or a
failure of administration of the fund; or
(c) that the trustees of the fund have
contravened or failed to comply with the
provisions of this Act or any direction
17
Patriotic Funds Act 1958
Act No. 6331/1958
s. 16
instruction or condition made given or
imposed by the Governor in Council or the
council pursuant to this Act.
(2) Any patriotic fund so vested in the council shall
be held upon the trusts upon which it was held by
the trustees of the fund:
S. 15(2)
amended by
No. 71/1998
s. 12(b).
Provided that the Governor in Council by Order
published in the Government Gazette may vary
such trusts and authorize the council to apply the
said fund or any part thereof to such other
purposes in connection with any service or duty as
he directs; and in any case where the fund has
been vested pursuant to paragraph (a) of the last
preceding sub-section the council shall take into
consideration any recommendations of such
trustees.
(3) Every such Order shall have the force of law and
such payments conveyances and transfers as are
necessary shall be made to carry out the Order.
(4) The receipt or acknowledgment of the council
shall be a sufficient discharge to the persons
paying or transferring any moneys securities and
property in such fund under this section and such
persons shall not thereafter be bound to see to the
application distribution appropriation or use
thereof.
16. Acts done by trustees prior to transfer of patriotic
fund validated
Where under this Act any patriotic fund or any
portion thereof is transferred to and vested in the
trustees of any other patriotic fund or in the
council all acts matters and things theretofore
done and all payments theretofore made by the
trustees of such first-mentioned fund with respect
thereto in or in relation to the administration
18
No. 4717 s. 14.
s. 17
Patriotic Funds Act 1958
Act No. 6331/1958
thereof or in or for the purpose of executing the
trusts thereof are hereby declared to be valid and
effectual for all purposes and are hereby ratified
and confirmed:
Provided that such transfer and vesting shall not
operate so as to exempt any trustee from liability
(civil or criminal) for any breach of trust or other
unlawful act whether of omission or commission
for which he was legally responsible before such
transfer and vesting.
Nos 4717
s. 15, 4916
s. 5.
17. Expenditure of patriotic funds
(1) No moneys securities for money or property real
or personal shall be payable or transferable out of
a patriotic fund except—
(a) for any purpose for which the fund has been
established or for any purpose defined by the
Governor in Council pursuant to this section;
(b) (subject to sub-section (3) of section eight of
this Act) for any purpose incidental to the
proper administration of the fund; or
(c) under the authority of this Act.
(2) Where in the opinion of the council (in the case of
a patriotic fund administered by the council) or of
the trustees (in the case of any other patriotic
fund) the purposes for which such fund has been
established are not sufficiently defined the
Governor in Council may on the application of the
council or trustees (as the case may be) define the
purposes for which such fund shall be deemed to
have been established and the moneys securities
and property in such fund may be applied and
used accordingly for all or any of the purposes so
defined.
S. 17(2A)
inserted by
No. 8403 s. 2.
(2A) Where in the opinion of the council (in the case of
a patriotic fund administered by the council) or of
19
Patriotic Funds Act 1958
Act No. 6331/1958
s. 17
the trustees (in the case of any other patriotic
fund)—
(a) the amounts of money which may be applied
from the fund for any purpose for which the
fund was established or for the relief
assistance or support of any person for
whose benefit the fund may be applied; or
(b) the rate at which moneys may be applied
from the fund for any purpose for which the
fund was established or for the relief
assistance or support of any person for
whose benefit the fund may be applied—
are too small to enable the fund to be put to the
best use, the Governor in Council may on the
application of the council or the trustees (as the
case may be) re-define the purposes of the fund as
regards any matter to which paragraph (a) or (b)
relates, and the moneys securities and property in
the fund may be applied and used accordingly for
all or any of the purposes of the fund as redefined.
(2B) Where in the case of any patriotic fund the
Governor in Council is satisfied—
(a) that the fund was established by or at the
instance of persons being trustees for or
officers or members of any body of persons
corporate or unincorporate having amongst
its objects (however expressed) one or more
objects embraced by the purposes referred to
in paragraph (d) of the interpretation of
"Patriotic fund" in sub-section (1) of
section 3 and has been consistently held and
administered by trustees and administrative
officers being trustees for or officers or
members of the body;
20
S. 17(2B)
inserted by
No. 8772 s. 2.
s. 17
Patriotic Funds Act 1958
Act No. 6331/1958
(b) that the fund was established for any purpose
embraced by the purposes referred to in the
said paragraph of the said interpretation; and
(c) that it would enable the fund to be put to
better use or administered more effectively if
the purposes of the fund were re-defined as
provided by this sub-section—
the Governor in Council may on the application of
the trustees re-define the purposes of the fund in
such terms (being not wider than the terms of the
said paragraph of the said interpretation) as he
thinks fit having regard to the purposes for which
the fund was established (if known) and the
objects of the body of persons.
(3) Where the moneys securities and property in any
fund are in the opinion of the Governor in Council
more than sufficient to meet all reasonable
requirements of the fund for the purposes for
which it was established he may on the
application of the council (in the case of a fund
administered by the council) or of the trustees (in
the case of any other fund) define such other
purposes as he thinks fit (being purposes for
which a patriotic fund may be established) to be
purposes of the said fund, and thereupon the
moneys securities and property in the said fund
may be applied and used accordingly for all or any
of the purposes so defined.
S. 17(4)
amended by
Nos 9554
s. 2(2)(Sch. 2
item 233),
71/1998 s. 7.
(4) Any trustee of any patriotic fund who knowingly
pays or transfers or directs authorizes or permits
the payment or transfer of any moneys securities
or property out of such patriotic fund in
contravention of the provisions of sub-section (1)
of this section shall be guilty of an offence against
this Act and shall be liable to a penalty of not less
than 25 penalty units and not more than
50 penalty units.
21
Patriotic Funds Act 1958
Act No. 6331/1958
18. Statement to be supplied by trustees of patriotic funds
(1) The trustees of every patriotic fund which has not
been transferred to the council shall furnish to the
council a written statement setting forth—
s. 18
Nos 4717
s. 16, 4916
s. 2(1)(c), 5217
s. 2, 5750 s. 3.
(a) the name of the fund;
(b) the date of the establishment of the fund;
(c) the objects of the fund;
(d) the name address and description of the
trustees of the fund;
(e) the name address and description of the
secretary the treasurer and other
administrative officers of the fund; and
(f) the name of every bank at which any account
of the fund is kept.
(2) The statement required to be furnished as
aforesaid shall be furnished within thirty days
after the establishment of the fund.
(2A) Nothing in sub-sections (1) and (2) of this section
shall apply to the trustees of a patriotic fund
established after the coming into operation of the
Patriotic Funds (Amendment) Act 1965.
S. 18(2A)
inserted by
No. 7338
s. 3(1).
(3) In the event of the death or retirement of a trustee
or of the appointment of a new trustee or the
appointment of any secretary treasurer or other
administrative officer of the fund the trustees of
the fund shall forthwith send to the council notice
in writing of such death retirement or appointment
(as the case may be).
(4) The trustees of every patriotic fund shall on or
before the 30th day after—
22
S. 18(4)
substituted by
No. 7338
s. 3(2).
s. 19
Patriotic Funds Act 1958
Act No. 6331/1958
(a) the 31st day of December or, where the
council has at the request of the trustees of a
patriotic fund specified a different day in
respect of that fund, that day, in every year;
and
(b) the closing or winding up of the fund—
furnish to the council—
a duly audited detailed statement of receipts
and disbursements in relation to the fund for
the year or part of a year ending on the
31st day of December or the different day
specified by the council or (as the case may
be) on the day of the closing or winding up
of the fund; and
a duly audited balance-sheet of the fund as at
the same day.
S. 18(5)
inserted by
No. 7338
s. 3(3).
(5) For the purposes of sub-section (4) of this section
"duly audited" means audited in accordance with
recognized auditing practice by a person (not
being a trustee or administrative officer of the
fund) who is—
(a) a member in public practice of a body of
accountants or auditors approved by the
Governor in Council for the purposes of this
section; or
(b) a person approved by the council for the
purposes of the audit of the statement and
balance-sheet of the fund.
No. 4717 s. 17.
19. Other statement as to fund to be furnished
In addition to the statements and notices
hereinbefore required to be furnished the trustees
of every fund shall within thirty days after being
required by the council to do so furnish to the
council a statement in writing setting forth such
23
Patriotic Funds Act 1958
Act No. 6331/1958
s. 21
20
particulars as the council requires with respect
to—
(a) the amount for the time being in the fund;
(b) the amount expended from the fund for the
purposes for which the fund was established
or for which it may be expended under the
authority of this Act;
(c) the names addresses and descriptions of
persons to whom moneys in the fund have
been paid with the amounts so paid;
(d) the obligations incurred or undertaken by the
trustees of the fund involving future
expenditure of the fund with estimates as to
the amounts to be so expended; and
(e) such other matters as are prescribed or as the
council requires.
20. Penalties for neglect to furnish particulars
Any person being required by or pursuant to this
Act to furnish any statement or notice to the
council who—
(a) fails neglects or refuses to furnish such
statement or notice; or
Nos 4717
s. 18, 4916
s. 6.
S. 20
amended by
Nos 9554
s. 2(2)(Sch. 2
item 234),
71/1998
s. 8(a)(b).
(b) wilfully furnishes any statement or notice
which is to his knowledge false in any
material particular—
shall be liable to a penalty of not less than
25 penalty units and not more than 50 penalty
units and in the case of any such failure neglect or
refusal to a further penalty of not more than
5 penalty units for every day during which any
such failure neglect or refusal continues after
conviction.
No. 4717 s. 19.
21. Banking account
24
Patriotic Funds Act 1958
Act No. 6331/1958
(1) All moneys received by or on behalf of the
trustees of any patriotic fund shall within the
prescribed time be paid into such bank as the
trustees determine to the credit of an account to be
called "The (distinctive name of fund) Patriotic
Fund Account" or of an account to be kept in the
names of the trustees as trustees of the said fund.
S. 21(2)
substituted by
Nos 7338 s. 4,
71/1998 s.
9(1).
S. 21(2A)
inserted by
No. 71/1998
s. 9(1).
S. 21(2B)
inserted by
No. 71/1998
s. 9(1).
S. 21(3)
amended by
Nos 9554
s. 2(2)(Sch. 2
item 235),
71/1998
s. 9(2).
No. 4717 s. 20.
(2) Every such account shall be operated by two
persons appointed by the trustees of the patriotic
fund.
(2A) The trustees must, as soon as practicable after
appointing the persons referred to in sub-section
(2), notify the council in writing of the names of
each of the persons appointed.
(2B) The persons appointed under sub-section (2) to
operate an account must give the trustees such
financial statements and other information
connected with the operation of the account, and
at such intervals, as the trustees require.
(3) Every person in receipt of moneys belonging to a
patriotic fund who fails to pay the same into the
proper account within the prescribed time shall be
liable for every day during which such failure
continues to a penalty of not more than 25 penalty
units.
22. Investment of moneys not immediately required by
council
Where any moneys belonging to a patriotic fund
vested in transferred to or established by the
council are not immediately required for the
purposes of the said fund the council may—
S. 22(a)
amended by
No. 29/1988
s. 57(14),
repealed by
No. 94/1990
s. 40(11).
*
*
*
25
*
*
Patriotic Funds Act 1958
Act No. 6331/1958
s. 23
(b) invest the same in such manner as the
council having regard to the prospective
expenditure of the fund determines but only
in securities in which trust moneys may
lawfully be invested.
23. Unauthorized collections prohibited
(1) Any person who without the sanction in writing
(which may be in general or limited terms) of the
council or of some person authorized in that
behalf by it in writing—
(a) establishes any patriotic fund; or
(b) solicits or receives subscriptions collections
or contributions or raises or endeavours to
raise money by a carnival fête or
entertainment or any other means (whether
of the like nature or not) for raising money—
Nos 4717
s. 21, 4916
s. 7, 5148 s. 3.
S. 23(1)
amended by
Nos 7332
s. 2(Sch. 1
item 94), 9554
s. 2(2)(Sch. 2
item 236),
71/1998 s. 10.
S. 23(1)(b)
amended by
No. 8181
s. 2(1)(Sch.
item 149).
(i) in aid of any patriotic fund; or
(ii) for any purpose in connection with any
service or duty whether such purpose is
expressly referred to in this Act or not
and whether or not the whole of the
subscriptions collections contributions
moneys or proceeds or a part thereof
only are devoted or are intended to be
devoted to any such purpose as
aforesaid—
S. 23(1)(b)(ii)
amended by
No. 71/1998
s. 12(c)(i).
shall be liable to a penalty of not more than
50 penalty units.
(1A) Any sanction in writing (whether in general or
limited terms) to the establishment of a patriotic
fund may before the fund is established be
cancelled by the council by notice in writing sent
26
S. 23(1A)
inserted by
No. 7338
s. 5(a).
Patriotic Funds Act 1958
Act No. 6331/1958
s. 23
by post to the person to whom the sanction was
given at his last address known to the council.
(2) Any such sanction in writing as aforesaid
(whether in general or limited terms) given for the
purposes of paragraph (b) of the last preceding
sub-section may be cancelled by the council by
notice in writing sent by post to the secretary or
other administrative officer of the patriotic fund
concerned or to the person to whom such sanction
was given and upon such cancellation such
sanction shall cease to have any force or effect.
S. 23(2A)
inserted by
No. 7338
s. 5(b).
(2A) After the coming into operation of the Patriotic
Funds (Amendment) Act 1965 sanction to the
establishment of a patriotic fund may be given
only to a person who has applied in writing to the
council, setting out the following particulars in his
application—
(i) the proposed name of the fund;
(ii) the proposed objects of the fund;
(iii) the name address and description of each
proposed trustee of the fund;
(iv) the name address and description of each of
the proposed secretary the proposed treasurer
and the other proposed administrative
officers of the fund; and
(v) the name of every bank at which it is
proposed that any account of the fund will be
kept.
S. 23(2B)
inserted by
No. 7338
s. 5(b).
(2B)
(a) Where before or after the commencement of
the Patriotic Funds (Amendment) Act
1965 a fund which is a patriotic fund within
the meaning of this Act as amended by the
27
Patriotic Funds Act 1958
Act No. 6331/1958
s. 23
Patriotic Funds (Amendment) Act 1965
has been established without the sanction in
writing of the council or of some person
authorized in that behalf by it in writing the
trustees of the patriotic fund may be given
the sanction in writing (which may be in
general or limited terms) of the council or of
some person authorized in that behalf by it in
writing to their continuing the administration
of the fund, on their applying in writing to
the council, setting out the following
particulars in their application—
(i) the name of the fund;
(ii) the date of the establishment of the
fund;
(iii) the objects of the fund;
(iv) the name address and description of
each trustee of the fund;
(v) the name address and description of
each of the secretary the treasurer and
the other administrative officers of the
fund; and
(vi) the name of every bank at which any
account of the fund is kept.
(b) A trustee of a patriotic fund of a kind
described in paragraph (a) of this sub-section
who, after being required by notice in writing
sent to him by the council by post to apply in
writing to the council for the sanction of the
council to his continuing the administration of
the fund, fails to make the application as
required within one month of receiving the
notice, shall be guilty of an offence and liable
to a penalty of not more than 50 penalty units.
28
S. 23(2B)(b)
amended by
Nos 9554
s. 2(2)(Sch. 2
item 237),
71/1998 s. 10.
Patriotic Funds Act 1958
Act No. 6331/1958
(c) Where the trustees of a patriotic fund have
been given sanction to their continuing the
administration of the fund, all acts matters
and things theretofore done and all payments
made by the trustees of the fund with respect
thereto in or in relation to the administration
thereof or in or for the purpose of executing
the trust thereof are hereby declared to be
valid and effectual for all purposes and are
hereby ratified and confirmed; but the
sanction to the continuation of the
administration of the fund shall not operate
to exempt any trustee from liability (civil or
criminal) for any breach of trust or other
unlawful act whether of omission or
commission for which he was legally
responsible before the sanction was given.
S. 23(2C)
inserted by
No. 7338
s. 5(b).
S. 23(2C)(b)
amended by
Nos 9554
s. 2(2)(Sch. 2
item 238),
71/1998 s. 10.
S. 23(3)
amended by
Nos 9554
s. 2(2)(Sch. 2
item 239),
71/1998 s. 10.
(2C)
(a) Any sanction to the establishment or
continuation of the administration of a
patriotic fund may be given subject to
conditions and where any sanction is given
subject to conditions it shall be the duty of
the trustees to comply with the conditions.
(b) Any trustee of a patriotic fund who, in
administering the fund, fails to comply with
a condition subject to which sanction to
establish or continue the fund was given,
shall be guilty of an offence and liable to a
penalty of not more than 50 penalty units.
(3) Any person who establishes, or solicits or receives
subscriptions collections or contributions to, or
raises or endeavours to raise money in any manner
for, any fund—
(a) which is not a patriotic fund within the
meaning of section three of this Act; and
29
Patriotic Funds Act 1958
Act No. 6331/1958
(b) which is known by any name or style or
publicly advertised in any manner which
states implies or suggests that it is a patriotic
fund or a fund for any of the purposes
referred to in paragraphs (a)(b)(c)(d) and (e)
of the interpretation of "patriotic fund" in the
said section three—
s. 23
S. 23(3)(b)
amended by
No. 8181
s. 2(1)(Sch.
item 150).
shall be guilty of an offence and liable to a penalty
of not more than 50 penalty units.
(4) Without affecting the generality of the last
preceding sub-section, any person who
establishes, or solicits or receives subscriptions
collections or contributions to, or raises or
endeavours to raise money in any manner for, any
fund—
S. 23(4)
amended by
Nos 9554
s. 2(2)(Sch. 2
item 240),
71/1998 s. 10.
(a) which is not a patriotic fund within the
meaning of section three of this Act; and
(b) which is known by any name or style or
publicly advertised in any manner—
(i) which states implies or suggests that
the purpose of the fund is to
commemorate any event of any
proclaimed war or any person or
persons or body or class of persons who
served or took part or suffered in any
proclaimed war; and
S. 23(4)(b)(i)
amended by
No. 71/1998
s. 12(c)(ii).
(ii) which does not clearly indicate that the
fund will be applied for some purpose
or purposes other than those specified
in paragraphs (a)(b)(c)(d) and (e) of the
said interpretation of "patriotic fund"—
S. 23(4)(b)(ii)
amended by
No. 8181
s. 2(1)(Sch.
item 151).
shall be guilty of an offence and liable to a penalty
of not more than 50 penalty units.
(5) The production of a certificate signed by the
chairman of the council approving of the use of
30
s. 24
Patriotic Funds Act 1958
Act No. 6331/1958
any name or style or of any advertisement in
relation to any fund or proposed fund shall be a
good defence in any prosecution for any offence
against sub-section (3) or sub-section (4) of this
section arising out of the use of that name or style
or of that advertisement (as the case may be).
No. 4717 s. 22.
S. 24
substituted by
No. 7338 s. 6.
24. Evidence of what is a patriotic fund
A certificate in writing signed or purporting to be
signed by the chairman of the council stating
that—
(a) the council has given its sanction to the
establishment of a patriotic fund;
(b) the council has given its sanction to the
continuation of the administration of a
patriotic fund;
S. 24(c)
amended by
No. 71/1998
s. 12(d).
(c) the council has given its sanction to a person
to his soliciting or receiving subscriptions
collections or contributions or raising or
endeavouring to raise money in aid of a
patriotic fund or for any purpose in
connection with any service or duty; or
(d) the council has given its sanction to the
transfer of a patriotic fund or portion of a
patriotic fund to the trustees of another
patriotic fund—
shall be prima facie evidence of the facts stated.
No. 4717 s. 23.
25. Power to council to demand accounts balance-sheets
etc.
(1) The council may demand—
(a) from any trustee or chairman or presiding or
executive officer of a patriotic fund; or
S. 25(1)(b)
amended by
No. 71/1998
s. 11(a).
(b) from any person authorized under this Act to
solicit or receive subscriptions collections or
contributions or to raise money in aid of any
31
Patriotic Funds Act 1958
Act No. 6331/1958
s. 26
patriotic fund or for any purpose in
connection with any service or duty—
any accounts vouchers balance-sheets or other
documents relating to such patriotic fund or to
such subscriptions collections or contributions or
the raising of such money.
(2) Any such trustee chairman presiding or executive
officer or person who fails neglects or refuses to
furnish to the council any accounts vouchers
balance-sheets or other documents so demanded
shall be liable to a penalty of not less than
25 penalty units and not more than 50 penalty
units and to a further penalty of not more than
5 penalty units for every day during which such
failure neglect or refusal continues after
conviction.
26. Penalty for misapplication of moneys etc. obtained
from the council
If—
S. 25(2)
amended by
Nos 9554
s. 2(2)(Sch. 2
item 241),
71/1998
s. 11(b)(i)(ii).
No. 4717 s. 24.
S. 26
amended by
Nos 9554
s. 2(2)(Sch. 2
item 242),
9576 s. 11(1).
(a) any officer or member of the naval military
or air forces of Her Majesty or of the
Commonwealth of Australia or of any of the
naval military or air forces of Her Majesty's
allies or of any force or service of men or
women (including nursing services) auxiliary
to any of those forces (whether or not that
officer has had his appointment terminated
or that member has received his discharge);
or
S. 26(a)
substituted by
No. 7338 s. 7.
(b) a dependant of any such officer or member;
S. 26(b)
substituted by
No. 7338 s. 7.
(c) a dependant of any such officer or member
who has died; or
S. 26(c)
substituted by
No. 7338 s. 7.
32
s. 27
S. 26(d)
inserted by
No. 7338 s. 7.
Patriotic Funds Act 1958
Act No. 6331/1958
(d) any other person—
has received from the council or from any person
or body of persons on behalf of the council in
pursuance of this Act or the regulations any
money or property of any nature whatsoever and
wilfully applies or uses such money or property to
or for a purpose other than that for which he
received the same he shall be guilty of an
indictable offence and be liable to a penalty of not
more than 50 penalty units or to imprisonment for
a term of not more than four years or to both such
penalty and imprisonment.
No. 4717 s. 25.
27. Prosecutions etc.
(1) The council may order either generally or in any
particular case proceedings to be taken in respect
of offences under this Act or the regulations.
S. 27(2)
amended by
Nos 16/1986
s. 30, 57/1989
s. 3(Sch.
item 146).
(2) In all proceedings in the Magistrates' Court—
(a) the secretary; or
(b) any other officer of the council authorized
(whether generally or in any particular case)
by the chairman in writing under his hand—
may represent the council in all respects as though
he had been the party concerned; and may
institute and carry on any proceeding which the
council is authorized to institute and carry on by
or under this Act.
(3) In any prosecution or other legal proceeding under
this Act or the regulations instituted by or under
33
Patriotic Funds Act 1958
Act No. 6331/1958
s. 29
the direction of the council no proof shall until
evidence is given to the contrary be required of—
(a) the persons constituting the council or any
committee under this Act;
(b) the appointment of the secretary or any
officer of the council;
(c) any order to prosecute or the authority of the
secretary or any officer of the council to
prosecute;
(d) the appointment of the chairman or the
vice-chairman; or
(e) the presence of a quorum of the council or
any such committee at the making of any
order or the doing of any act.
*
*
*
*
*
29. Council to report to Minister
The council once in every year and also at such
other times as the Minister requires shall furnish
to the Minister a full report as to such matters as
are prescribed or as the Minister requires.
30. Banking companies to furnish certain information to
council
(1) Notwithstanding anything in this or any other Act
or in any law custom or contract to the contrary,
any banking company shall, when so required in
writing by the council, furnish to the council such
information as the council requires with respect
to—
(a) what accounts are entered in the books of
such banking company in respect of patriotic
funds (whether so entered as patriotic fund
34
S. 28
repealed by
No. 93/1997
s. 28(Sch.
item 23).
Nos 4717
s. 27, 4916
s. 8.
No. 4916 s. 10.
Patriotic Funds Act 1958
Act No. 6331/1958
s. 31
accounts or as war fund accounts or under
any other name or designation);
(b) what sums of money are credited to any such
account;
(c) what securities for money and what other
property are or is held by such banking
company for or on behalf of any patriotic
fund or as security for advances to any
patriotic fund.
(2) No banking company shall incur any liability
whether in respect of any breach of trust or
otherwise by reason only of the furnishing of any
information pursuant to this section.
No. 4717 s. 28.
31. Regulations
(1) The Governor in Council may make regulations—
(a) for or with respect to any matters or things
necessary or expedient for the purpose of
carrying out or giving effect to the
provisions of this Act; and
S. 31(1)(b)
amended by
No. 9554
s. 2(2)(Sch. 2
item 243).
S. 31(2)
repealed by
No. 6886
s. 3(Sch).
(b) prescribing penalties of not more than
5 penalty units for any breach of any such
regulation.
*
*
*
__________________
35
*
*
Patriotic Funds Act 1958
Act No. 6331/1958
S. 2.
SCHEDULE
Number
of Act
Title of Act
Extent of Repeal
4717
Patriotic Funds Act 1939
The whole
4916
Patriotic Funds Act 1942
The whole
5148
Patriotic Funds Act 1946
The whole
5217
Statute Law Revision Act 1947
Item in Schedule referring
to Patriotic Funds Act
1942
5750
Patriotic Funds (Amendment)
Act 1953
The whole
═══════════════
36
Sch.
Notes
Patriotic Funds Act 1958
Act No. 6331/1958
NOTES
1. General Information
The Patriotic Funds Act 1958 was assented to on 30 September 1958 and
came into operation on 1 April 1959: Government Gazette 18 March 1959
page 892.
37
Patriotic Funds Act 1958
Act No. 6331/1958
2. Table of Amendments
This Version incorporates amendments made to the Patriotic Funds
Act 1958 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Subordinate Legislation Act 1962, No. 6886/1962
Assent Date:
8.5.62
Commencement Date:
1.8.62
Current State:
All of Act in operation
Statute Law Revision Act 1965, No. 7332/1965
Assent Date:
14.12.65
Commencement Date:
14.12.65
Current State:
All of Act in operation
Patriotic Funds (Amendment) Act 1965, No. 7338/1965
Assent Date:
14.12.65
Commencement Date:
14.12.65
Current State:
All of Act in operation
Statute Law Revision Act 1971, No. 8181/1971
Assent Date:
23.11.71
Commencement Date:
23.11.71: but see s. 2
Current State:
All of Act in operation
Patriotic Funds (Amendment) Act 1973, No. 8403/1973
Assent Date:
17.4.73
Commencement Date:
17.4.73
Current State:
All of Act in operation
Patriotic Funds (Amendment) Act 1975, No. 8772/1975
Assent Date:
25.11.75
Commencement Date:
25.11.75
Current State:
All of Act in operation
Patriotic Funds (Amendment) Act 1976, No. 8957/1976
Assent Date:
16.12.76
Commencement Date:
16.12.76
Current State:
All of Act in operation
Patriotic Funds (Amendment) Act 1980, No. 9492/1980
Assent Date:
23.12.80
Commencement Date:
23.12.80
Current State:
All of Act in operation
Penalties and Sentences Act 1981, No. 9554/1981
38
Notes
Patriotic Funds Act 1958
Act No. 6331/1958
Notes
Assent Date:
Commencement Date:
Current State:
19.5.81
S. 44 on 26.9.80: s. 1(3) but note No. 9945 ss 4, 9;
ss 1, 36–46 on 3.6.81: Government Gazette 3.6.81
p. 1778; rest of Act on 1.9.81: Government Gazette
26.8.81 p. 2799
All of Act in operation
Courts Amendment Act 1986, No. 16/1986
Assent Date:
22.4.86
Commencement Date:
Ss 1–11, 13–27, 29–34 on 1.7.86: Government
Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government
Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government
Gazette 7.10.87 p. 2701
Current State:
All of Act in operation
State Bank Act 1988, No. 29/1988
Assent Date:
17.5.88
Commencement Date:
9.6.88: Government Gazette 8.6.88 p. 1582
Current State:
All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date:
9.5.89
Commencement Date:
S. 4(Sch. 2 item 87.1) on 1.11.89: Government
Gazette 1.11.89 p. 2789
Current State:
This information relates only to the provision/s
amending the Patriotic Funds Act 1958
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette
30.8.89 p. 2210; rest of Act on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State:
All of Act in operation
State Bank (Succession of Commonwealth Bank) Act 1990, No. 94/1990
Assent Date:
18.12.90
Commencement Date:
Pts 1 (ss 1–6), 2 (ss 7, 8) on 18.12.90; Pt 4 (ss 28–38)
on 31.12.90; rest of Act (Pts 3, 5) on 1.1.91: Special
Gazette (No. 73) 31.12.90 p. 1 (31.12.90 being the
completion date)
Current State:
All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994 (as
amended by No. 43/1995)
39
Patriotic Funds Act 1958
Act No. 6331/1958
Assent Date:
Commencement Date:
Current State:
31.5.94
Ss 1, 2 on 31.5.94; s. 3, Sch. 1 (except item 60) on
7.7.94: Government Gazette 7.7.94 p. 1878—see
Interpretation of Legislation Act 1984; s. 4, Sch. 2
on 1.1.95: Government Gazette 28.7.94 p. 2055;
Sch. 1 item 60 was never proclaimed and was later
repealed by No. 75/1994 s. 13
All of Act in operation
Audit (Amendment) Act 1997, No. 93/1997
Assent Date:
16.12.97
Commencement Date:
S. 28(Sch. item 23) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Patriotic Funds Act 1958
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7 (Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Patriotic Funds Act 1958
Patriotic Funds (Amendment) Act 1998, No. 71/1998
Assent Date:
4.11.98
Commencement Date:
Ss 1, 2 on 4.11.98: s. 2(1); rest of Act on 1.12.98:
Government Gazette 26.11.98 p. 2851
Current State:
All of Act in operation
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
40
Patriotic Funds Act 1958
Act No. 6331/1958
Notes
3. Explanatory Details
No entries at date of publication.
41
Patriotic Funds Act 1958
Act No. 6331/1958
Index
INDEX
Subject
Section
Accounts
of patriotic funds
18, 25
Annual report
29
Audit
of patriotic funds
18
Bank information
30
Certificates
23, 24
Chairman
appointment
authorisation of officers by
certificate of
executive committee
meetings
4
27
24
6
7
Council
definition
see Patriotic Funds Council of Victoria
3
Definitions
council
Her Majesty's naval military or air forces
patriotic fund
prescribed
public purpose
regulations
service or duty
transfer
trustee
3
3
3
3
3
3
3
3
3
Executive committee
6
Financial
accounts
audit
bank accounts
bank information
costs of council
investment powers
statements
18
18
21
30
8
10, 22
18, 19
Legal proceedings
conduct
evidence
27
24
42
Patriotic Funds Act 1958
Act No. 6331/1958
Subject
Section
Local committees
11
Offences
17, 20, 21, 23–26
Patriotic funds
accounts of
assets of
audit of
bank accounts
definition
expenditure
investment powers
misapplication of funds
purposes of
transfer of
unauthorised funds
vesting in council
18, 25
3A
18
18, 21
3
17
10, 22
26
12A, 14, 17
3, 12–12B, 14, 15
25
14, 15
Patriotic Funds Council of Victoria
annual report
appointment of members
chairman
establishment
executive committee
finances
incorporation
investment powers
local committees
powers and duties
procedure
reports to Minister
sanctions
secretary
staff
29
4
4
4
6
8
5
9, 10, 22
11
8–10
7
29
10, 12, 12B, 23,
24
8
8
31
Regulations
Sanctions
of council
10, 12, 12B, 23,
24
12A, 12B
of Governor in Council
Secretary
appointment
proceedings by
8
27
Staff
8
Statements
18, 19
43
Patriotic Funds Act 1958
Act No. 6331/1958
Subject
Section
Transfers of patriotic funds
definition
3
Outside Victoria
to charitable trusts or corporations
to council
to trustees of another fund
12B
12A, 12B
10, 14, 15
12, 12B, 14
Trustees
appointment
definition
liability of
notice of changes to
offences by
statements by
transfers of funds by
validation of actions
13
3
16
18
17, 20, 21
18–20
12, 12A, 12B
16
NOTE:
This index does not form part of the Patriotic Funds Act 1958 and is
provided for convenience of reference only.
44