R.S.L. Welfare Trust Fund Act 1961

Version No. 001 R.S.L. Welfare Trust Fund Act 1961 Act No. 6799/1961 Version as at 3 March 2003

TABLE OF PROVISIONS

Section Page 1. Short title 2 2. Ratification and approval of Trustee 2 ______

SCHEDULE 3 ═══════════════

ENDNOTES 10 1. General Information 10 2. Table of Amendments 11 3. Explanatory Details 12

i Version No. 001 R.S.L. Welfare Trust Fund Act 1961 Act No. 6799/1961

Version as at 3 March 2003

An Act to authorize the Variation of the Trust upon which certain Funds are held for the Members for the time being of the Victorian Branch of The Returned Sailors', Soldiers' and Airmen's Imperial League of Australia and for other purposes.

Preamble WHEREAS Sir George William Frederick Holland, Norman Stanley Osborne, John Farrar Sutton, Norman David Wilson and Charles Holly McKay (hereinafter called "the Trustees") are possessed of the assets set out in the Schedule to the Trust Deed contained in the Schedule to this Act upon trust for the members for the time being of the Victorian Branch of the Returned Sailors', Soldiers' and Airmen's Imperial League of Australia with and subject to the terms, conditions, stipulations and provisions contained in a certain Deed of Trust under the hands and seals of John Keatly-Forsyth George Robert Palmer Gilbert Joseph Cullen Dyett Duncan McDougall and Charles John Mullins bearing date the 4th day of February 1919: AND WHEREAS at the 1958 Annual Conference of the Victorian Branch of the said League a Resolution was passed directing the State Council and the State Executive of the said Victorian Branch to take such steps as might be necessary to permit the trust funds and the income therefrom to be used for the general welfare activities of the Victorian Branch of the said League:

1 s. 1

AND WHEREAS the Trustees have at the request of the Council of the said Victorian Branch of the said League executed the Deed of Trust dated the fifteenth day of May One thousand nine hundred and sixty-one (a copy of which is set out in the Schedule to this Act) declaring that the trust premises and the income thereof shall thenceforth be held upon trust for the general welfare activities of the Victorian Branch with and subject to the powers and provisions herein contained subject to the said Deed of Trust being approved by Act of Parliament of the said State of Victoria: AND WHEREAS it is expedient to approve and validate the Deed of Trust dated the fifteenth day of May One thousand nine hundred and sixty-one:

BE IT THEREFORE 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 This Act may be cited as the R.S.L. Welfare Fund Act 1961. 2. Ratification and approval of Trustee (1) The execution of the Trust Deed contained in the Schedule to this Act is hereby ratified and the Trusts therein contained are hereby approved and shall be carried into effect. (2) The assets referred to in the Schedule to the said Trust Deed shall be subject to the Trusts set forth in the said Trust Deed and to no others. ______

2 Sch.

SCHEDULE

TO ALL TO WHOM THESE PRESENTS SHALL COME we SIR GEORGE WILLIAM FREDERICK HOLLAND of 1A Albert-street East Malvern in the State of Victoria Government Official NORMAN STANLEY OSBORNE of 201 Gower-street Preston in the said State Municipal Officer JOHN FARRAR SUTTON of 37 Rotherwood-road Ivanhoe in the said State Railway Officer NORMAN DAVID WILSON of 7 Bennett-parade East Kew in the said State Librarian and CHARLES HOLLY McKAY of "St. Marnocks" Beaufort in the said State Grazier (hereinafter called "the Trustees") SEND GREETING: WHEREAS the Trustees are possessed of the assets particulars of which are set out in the Schedule hereunder written which are held by them upon trust for the members for the time being of the Victorian Branch of the Returned Sailors', Soldiers' and Airmen's Imperial League of Australia with and subject to the terms conditions stipulations and provisions contained in a certain Deed of Trust, under the hands and seals of John Keatly-Forsyth George Robert Palmer Gilbert Joseph Cullen Dyett Duncan McDougall and Charles John Mullins bearing date the 4th day of February 1919: AND WHEREAS at the 1958 Annual Conference of the Victorian Branch of the said League a Resolution was passed directing the State Council and the State Executive of the said Victorian Branch to take such steps as might be necessary to permit the trust funds and the income therefrom to be used for the general welfare activities of the Victorian Branch of the said League: AND WHEREAS the Council of the said Victorian Branch of the said League has requested the Trustees to execute these presents declaring that the trust premises and the income thereof shall henceforth be held upon trust for the general welfare activities of the Victorian Branch with and subject to the powers and provisions hereinafter in these presents contained which the trustees have agreed to do subject to these presents being approved by Act of Parliament of the said State of Victoria, NOW THESE PRESENTS WITNESS and it is hereby declared as follows: 1. In the reading and construction of these presents words importing the singular number include the plural number and vice versa and words importing the masculine gender include the feminine gender and unless the context otherwise requires the following words and expressions shall have the following meanings: "the said League" means the Victorian Branch of the Returned Sailors', Soldiers' and Airmen's Imperial League of Australia;

3 R.S.L. Welfare Trust Fund Act 1961 Act No. 6799/1961 Sch.

"the Council" means the Council or other the general committee for the time being of the said League; "Councillor" means a member of the State Council of the Victorian Branch; "the Trustees" means and includes the Trustees for the time being of these presents; "the Trust Fund" or "the Fund" means and includes the assets the particulars of which are set out in the Schedule hereunder written and all real and personal property including all moneys from time to time held by or on account of the Trustees in pursuance of this Deed and the investments for the time being representing the same and the income from such investments; "Serviceman" means any person whether male or female who was appointed, enlisted or enrolled in the Naval, Military, or Air Forces of the Commonwealth of Australia, the United Kingdom of Great Britain and Northern Ireland or any other part of the Queen's Dominions or colonies or any Service Auxiliary to any of those forces and has served in a theatre of war or operation area in any war or war-like operation in which Her Majesty or any of her predecessors or successors or (as the case may be) the Commonwealth of Australia has at any time been or may at any time hereafter be engaged; "General Welfare Activities" means and includes all the activities conducted by the said League in which direct and indirect assistance whether monetary or otherwise is given to any serviceman and/or the husband, wife, mother, widow and child of any serviceman and includes assistance either direct or indirect whether monetary or otherwise given to the R.S.L. War Veterans' Homes Trusts of Victoria and other similar bodies including bodies assisting any serviceman and/or the husband, wife, mother, widow and/or child of any serviceman and having aims and objects in the welfare field similar to those of the said League. 2. The name of the Trust Fund shall be the R.S.L. Victorian Branch Welfare Trust Fund. 3. There shall be five Trustees of this Deed together with the President and Treasurer of the said League for the time being in office all of whom shall be financial members of the said League. The Council shall remove from office any Trustee who shall have ceased to be a financial member of the said League and may from time to time remove any Trustee from office and shall appoint new Trustees or a new Trustee for the purpose of this Deed in the place of any of them who shall die be removed from office retire become incapable of

4 R.S.L. Welfare Trust Fund Act 1961 Sch. Act No. 6799/1961

acting become bankrupt or make any assignment for the benefit of or any composition or arrangement with his creditors. One month's prior notice shall be given to the Councillors of the intention to elect or remove from office any Trustee. Nominations for appointments shall be signed by the nominee and forwarded to the Secretary of the said League at least fourteen days prior to the meeting of Council at which the election is to be made. Election or removal from the office of trustee shall be by secret ballot. 4. There shall be a Secretary of the Fund who shall be appointed and may be removed from office by the Council. 5. The Trustees may from time to time appoint such Committees consisting in each case of not less than three of their number to exercise with the approval of the Trustees such powers as may be entrusted to that Committee by the Trustees. 6. The Trust Fund shall be vested in the Trustees upon the trusts hereof and any moneys in their hands and not required for costs charges and expenses or for the immediate service of the Fund shall be invested in the names of the Trustees or such of them (not being less than three in number) as the Trustees may from time to time appoint or in a body corporate. In the management and administration of the Fund the Trustees shall, without limiting any powers which may now or hereafter be vested in Trustees by the law of the State of Victoria have and exercise (without being responsible for loss) the following powers — (i) to retain any property in the form in which it is paid or transferred to or vested in the Trustees; (ii) to place any money on fixed deposit with a bank or banks in the said State of Victoria; (iii) to invest moneys in stocks shares debentures or notes or any other interest in the share or loan capital of any public company listed on the Stock Exchanges of London or of any of the capital cities of the States of the Commonwealth of Australia to take up or sell rights to new issues of shares or unsecured notes, and generally to purchase sell or otherwise deal in shares in such companies; (iv) to let buy sell and exchange real and personal property. 7. All cheques bills of exchange or other negotiable instruments shall be signed accepted made drawn or endorsed by any three of the Trustees or by any two of the Trustees and the Secretary. 8. The Trustees shall out of the Trust Fund from time to time pay all costs charges and expenses incurred in or about the preparation and

completion of these presents and the execution of the trusts and provisions thereof.

9. The Trustees shall hold the Trust Fund upon trust to apply the same for the general welfare activities of the said League in such manner as the Council shall from time to time direct provided that no portion of the capital of the Trust shall be expended without the authority of a resolution of the Council of which notice of the motion has been given in writing to all Councillors at least thirty clear days before the meeting at which such motion is to be proposed and further provided that such motion is voted for by at least three-quarters of those present entitled to vote. 10. The Trustees shall have the following powers— (a) to employ all such persons and do all such things as are necessary or expedient for the proper management of the Trust; (b) to open and operate Banking Accounts; (c) to employ such officers and employees and pay such salaries and wages as may from time to time be necessary; (d) to appeal to the public for donations and to organize collections after consultation with and at the request of the said League; (e) to employ and remunerate all such solicitors brokers estate agents and such other agents as the Trustees may consider necessary from time to time. 11. The Trustees shall cause to be kept such accounts and records as are necessary for the proper administration of the Fund and shall once in every calendar year cause to be prepared a statement of accounts and balance-sheet of the Fund which shall be audited by the Auditor of the said League. Such Auditor shall have access to all the books papers vouchers accounts and documents connected with the said Fund and the Trustees shall supply him with all information and explanations he may require and he shall in writing report to the Trustees and the said League the result of each audit. The Trustees shall cause the said Statement of Accounts and reports to be presented to the members of the said League as part of its President's annual report. 12. In the professed execution of the trusts and powers of this Deed no Trustee shall be liable for any loss to the Fund arising by reason of any investment made in good faith or for the negligence or fraud of any agent employed by him or by any other Trustee hereof although the employment of such agent was not strictly necessary or expedient or by reason of any other matter or thing except wilful and individual

6 R.S.L. Welfare Trust Fund Act 1961 Act No. 6799/1961

fraud or wrong-doing on the part of the Trustee who is sought to be made liable. IN WITNESS whereof these presents have been duly executed this fifteenth day of May, 1961. ______

THE SCHEDULE HEREINBEFORE REFERRED TO

COMMONWEALTH GOVERNMENT BONDS (Face Value)

% £ £ s. d. 3⅛ .. 15.10.63 ...... 1,800 3⅛ .. 15.8.64 ...... 4,000 3¼ .. 15.9.61 ...... 1,000 4½ .. 15.10.66 ...... 3,000 4½ .. 15.11.68 ...... 400 5 .. 15.4.65 ...... 53,000 5 .. 15.12.79 ...... 7,000 70,200 0 0

COMMONWEALTH GOVERNMENT INSCRIBED STOCK (Face Value)

% £ £ s. d. 3⅛ .. 15.10.63 ...... 5,000 3⅛ .. 15.8.64 ...... 3,600 3¼ .. 15.9.61 ...... 2,300 5 .. 15.10.82 ...... 2,000 5 .. 15.9.74 ...... 10,500 5 .. 15.12.79 ...... 7,800 5¼ .. 15.4.63 ...... 10,000 41,200 0 0

8 R.S.L. Welfare Trust Fund Act 1961 Sch. Act No. 6799/1961

STATE ELECTRICITY COMMISSION OF VICTORIA INSCRIBED STOCK (Face Value)

% £ £ s. d. £3 6 3 .. 1.7.62 ...... 1,500 £4 2 6 .. 1.6.62 ...... 2,000 £4 15 0 .. 1.2.64 ...... 1,000 £4 17 6 .. 1.6.67 ...... 2,000 £5 5 0 .. 1.6.67 ...... 1,200 £5 2 6 .. 1.6.72 ...... 2,000 £5 2 6 .. 1.6.76 ...... 500 £5 5 0 .. 1.3.67 ...... 800 11,000 0 0

MELBOURNE AND METROPOLITAN BOARD OF WORKS INSCRIBED STOCK (Face Value)

% .. £ £ s. d. £3 3 9 .. 1.7.64 ...... 70,000 £4 2 6 .. 1.1.62 ...... 3,500 73,500 0 0

GRAIN ELEVATORS BOARD INSCRIBED STOCK (Face Value)

% .. £ £ s. d. £3 3 9 .. 1.10.61 ...... 200 200 0 0 Carried forward ...... £196,100 0 0

Brought forward ...... £196,100 0 0

MELBOURNE HARBOUR TRUST INSCRIBED STOCK (Face Value)

£ £ s. d. £5 10 0% .. 1.1.71 2,500 2,500 0 0 8% First Mortgage Due 13.3.64 .. .. 9,000 8% First Mortgage Due 23.12.65 .. .. 16,000 25,000 0 0 Balance purchase money 13–15 Collins-street Melbourne bearing interest at 6½% ...... 76,500 0 Current Account—The National Bank of Australasia Ltd. as at 15th May 1961 ...... 4,568 1 4 304,668 1 4

Band Instruments and Music at cost less Depreciation .. 311 13 10 Furniture and Equipment at cost less Depreciation .. .. 1,019 17 0

SIGNED SEALED AND DELIVERED by the  said SIR GEORGE WILLIAM FREDERICK  G. W. HOLLAND HOLLAND in the presence of:  C. L. Hudson, Solicitor, Melbourne SIGNED SEALED AND DELIVERED by the  said NORMAN STANLEY OSBORNE in the  N. S. OSBORNE presence of:  J. A. Cashmore SIGNED SEALED AND DELIVERED by the  said JOHN FARRAR SUTTON in the  J. F. SUTTON presence of:  J. A. Cashmore SIGNED SEALED AND DELIVERED by the  said NORMAN DAVID WILSON in the  N. D. WILSON presence of:  J. A. Cashmore SIGNED SEALED AND DELIVERED by the  said CHARLES HOLLY McKAY in the  Chas. H. McKAY presence of:  J. A. Cashmore

10 R.S.L. Welfare Trust Fund Act 1961 Act No. 6799/1961

═══════════════

11 R.S.L. Welfare Trust Fund Act 1961 Act No. 6799/1961 Endnotes

ENDNOTES 1. General Information The R.S.L. Welfare Trust Fund Act 1961 was assented to on 28 November 1961 and came into operation on 28 November 1961.

12 R.S.L. Welfare Trust Fund Act 1961 Endnotes Act No. 6799/1961

2. Table of Amendments There are no amendments made to the R.S.L. Welfare Trust Fund Act 1961 by Acts and subordinate instruments.

13 R.S.L. Welfare Trust Fund Act 1961 Act No. 6799/1961 Endnotes

3. Explanatory Details No entries at date of publication.