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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Jewish Care (Victoria) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 2
2. Commencement 2
3. Definitions 2
4. Effect of gifts etc. 3
5. Application of trust funds 4
ENDNOTES 6
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PARLIAMENT OF VICTORIA
Initiated in Assembly 27 March 2002
A BILL
relating to Jewish Care (Victoria) Inc. and for other purposes.
Jewish Care (Victoria) Act 2002
(1) Jewish Care (Victoria) Inc. was incorporated on
1 February 2001 as a result of the amalgamation of--
(a) Jewish Community Services Inc. which was
incorporated on 1 July 1998 (and was formerly
known as Jewish Welfare Society Inc.); and
(b) Montefiore Homes for the Aged Inc. which was
incorporated on 28 June 1991.
(2) Jewish Care (Victoria) Inc. continues to provide all of
the services that were provided before the
amalgamation by Jewish Community Services Inc. and
Montefiore Homes for the Aged Inc.
(3) It is intended that Jewish Care (Victoria) Inc., and the
Jewish community generally, be able to benefit from
certain--
(a) property given for charitable purposes to; and
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Jewish Care (Victoria) Act 2002
s. 1
Act No.
(b) trust funds created in favour of--
Jewish Community Services Inc., Montefiore Homes
for the Aged Inc. or the predecessors of those bodies.
The Parliament of Victoria therefore enacts as follows:
1. Purposes
The purposes of this Act are to provide--
(a) for the vesting in Jewish Care of certain
property; and
5 (b) that certain trust funds may be applied as if
created in favour of Jewish Care.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
10 3. Definitions
In this Act--
"commencement" means commencement of this
Act;
"Jewish Care" means Jewish Care (Victoria) Inc.
15 (Association Registration Number
A0040705X);
"Jewish Community Services" means Jewish
Community Services Inc. (formerly
registered as Association Registration
20 Number A0016295J) and includes its
predecessors--
(a) Jewish Welfare Society Inc.; and
(b) Australian Jewish Welfare and Relief
Society (a company limited by
25 guarantee);
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Jewish Care (Victoria) Act 2002
s. 4
Act No.
"Montefiore Homes" means Montefiore Homes
for the Aged Inc. (formerly registered as
Association Registration Number
A0023351G) and includes its predecessors--
5 (a) Melbourne Jewish Philanthropic
Society; and
(b) Melbourne Jewish Philanthropic
Society and Montefiore Homes for the
Aged;
10 "property" means any legal or equitable estate or
interest (whether present or future and
whether vested or contingent) in real or
personal property of any description;
"will" includes a codicil and any testamentary
15 disposition.
4. Effect of gifts etc.
(1) A gift, disposition or trust of property that before
the commencement has been, or is taken to have
been, made or declared (whether by deed, will or
20 otherwise) to, in favour of, or for a charitable
purpose of, Jewish Community Services or
Montefiore Homes--
(a) is taken not to fail merely because those
bodies no longer exist; and
25 (b) if it is capable of taking effect to any extent
on or after the commencement, takes effect
to that extent on and after the
commencement as if it were made or
declared--
30 (i) to or in favour of Jewish Care; and
(ii) for a purpose of Jewish Care
corresponding with, or similar to, the
charitable purposes for which it was, or
was taken to be, made or declared.
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Jewish Care (Victoria) Act 2002
s. 5
Act No.
(2) A gift, disposition or trust of property that on or
after the commencement is, or is taken to be,
made or declared (whether by deed, will or
otherwise) to, in favour of, or for a charitable
5 purpose of, Jewish Community Services or
Montefiore Homes takes effect when it is, or is
taken to be, made or declared as if it were made or
declared--
(a) to or in favour of Jewish Care; and
10 (b) for a purpose of Jewish Care corresponding
with, or similar to, the charitable purposes
for which it is, or is taken to be, made or
declared.
5. Application of trust funds
15 (1) A trust fund that before the commencement has
been created (whether by deed, will or otherwise)
in favour, or for a charitable purpose, of Jewish
Community Services or Montefiore Homes--
(a) is taken not to fail merely because those
20 bodies no longer exist; and
(b) if it is capable of being applied to any extent
on or after the commencement, may be
applied to that extent on or after the
commencement as if it were created--
25 (i) in favour of Jewish Care; and
(ii) for a purpose of Jewish Care
corresponding with, or similar to, the
charitable purposes for which it was
created.
30 (2) A trust fund that on or after the commencement is
created (whether by deed, will or otherwise) in
favour, or for a charitable purpose, of Jewish
Community Services or Montefiore Homes may
be applied as if it were created--
35 (a) in favour of Jewish Care; and
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Jewish Care (Victoria) Act 2002
s. 5
Act No.
(b) for a purpose of Jewish Care corresponding
with, or similar to, the charitable purposes
for which it was created.
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Jewish Care (Victoria) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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