New South Wales Consolidated Acts

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DORMANT FUNDS ACT 1942 - SECT 2

Definitions

2 Definitions

(1) In this Act unless the context or subject matter otherwise indicates or requires:
"Charitable purpose" includes any benevolent or philanthropic or patriotic purpose.
"Commissioner" means the Commissioner of Dormant Funds.
"Dormant fund" means a fund determined under section 5A to be a dormant fund.
"Fund" means any property, real or personal, which has been donated to or collected or otherwise acquired by trustees for any charitable purpose or any purpose of a public character, and, in the case of a fund that has been partly used for the purposes for which it was donated, collected or otherwise acquired, means the residue of the fund.
"Prescribed" means prescribed by this Act or by regulations made under this Act.
"Purpose of a public character" means any purpose (not being a charitable purpose) which is directed to the benefit of the public or a section of the public; and without prejudice to the generality of the foregoing provisions of this definition includes any of the following purposes:
(a) the provision of any war memorial or other public memorial whether such provision is to be made by the erection, extension or alteration of any structure or building or by the furnishing of moneys or in any other way whatsoever,
(b) the granting of relief or assistance or comforts to persons (whether resident in New South Wales or elsewhere) adversely affected by circumstances arising out of the existence of a state of war or arising in any other way whatsoever,
(c) the provision of parks, gardens and the like,
(d) the establishment, provision, conducting or carrying on of an institution as defined in the Trustees of Schools of Arts Enabling Act 1902 .



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