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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
MacKillop Family Services Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 2
2. Commencement 2
3. Definitions 2
4. Trustees may arrange for transfer of certain property to
MacKillop 3
5. Certain gifts, trusts, etc. not to fail 3
6. Pooled investment of trust funds 4
__________________
SCHEDULE--Agencies and charitable purposes 5
NOTES 6
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PARLIAMENT OF VICTORIA
A BILL
relating to MacKillop Family Services Ltd and for other purposes.
MacKillop Family Services Act 1998
Preamble
MacKillop Family Services Limited ("MacKillop") was
incorporated under the Corporations Law of Victoria on
28 April 1997 to undertake the management and control
of certain child, youth and family care services conducted
in Victoria by or under the auspices of--
(a) the Christian Brothers St Patricks Province
Australia ("Christian Brothers"); and
(b) the Melbourne Congregation of the Institute of the
Sisters of Mercy of Australia ("Sisters of Mercy");
and
(c) the Sisters of St Joseph of the Sacred Heart of the
Victorian Province ("Sisters of St Joseph").
It is expedient to provide for the vesting in MacKillop of
certain property given for charitable purposes to the
Christian Brothers, Sisters of Mercy and Sisters of
1
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MacKillop Family Services Act 1998
s. 1
Act No.
St Joseph or certain agencies in connection with those
services.
The Parliament of Victoria therefore enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to make provision for the vesting in
MacKillop of certain property given for
5 charitable purposes; and
(b) to provide that certain gifts and trusts for
charitable purposes do not fail but have
effect as if made or declared to or in favour
of MacKillop; and
10 (c) to enable MacKillop to establish investment
pools for the collective investment of trust
funds for charitable purposes.
2. Commencement
This Act comes into operation on the day on
15 which it receives the Royal Assent.
3. Definitions
In this Act--
"agency", in relation to a Congregation, means--
(a) a person or body (whether incorporated
20 or unincorporated) specified in column
1 of the Schedule that, before 1 July
1997, conducted one or more of the
charitable purposes specified in
column 2 of the Schedule;
25 (b) a person or body (whether incorporated
or unincorporated) that conducted a
charitable purpose referred to in
paragraph (a) before it was conducted
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MacKillop Family Services Act 1998
s. 4
Act No.
by the person or body referred to in that
paragraph;
"Congregation" means--
(a) the Christian Brothers St Patricks
5 Province Australia;
(b) the Melbourne Congregation of the
Institute of the Sisters of Mercy of
Australia;
(c) the Sisters of St Joseph of the Sacred
10 Heart of the Victorian Province;
"MacKillop" means MacKillop Family Services
Ltd A.C.N. 078 299 288;
"property" means any legal or equitable estate or
interest (whether present or future and
15 whether vested or contingent) in real or
personal property of any description;
"will" includes a codicil and any testamentary
disposition.
4. Trustees may arrange for transfer of certain property
20 to MacKillop
The trustee of property given for a charitable
purpose of a Congregation or an agency of a
Congregation, may, with the agreement of
MacKillop, transfer the property to MacKillop as
25 trustee to be applied by MacKillop for a charitable
purpose that corresponds with, or is similar to, the
charitable purpose for which the property was
given.
5. Certain gifts, trusts, etc. not to fail
30 If, before, on or after the commencement of this
Act--
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MacKillop Family Services Act 1998
s. 6
Act No.
(a) a gift, disposition or trust of property has
been or is made or declared or is deemed to
have been made or declared; or
(b) a trust fund has been or is created--
5 (whether by deed, will or otherwise) to, in favour
of, for the use of, or for a charitable purpose of, a
Congregation or an agency of a Congregation, the
gift, disposition or trust takes effect, or may take
effect, or the trust fund may be applied, on or after
10 that commencement as if made or declared to, or
created in favour of, MacKillop for a charitable
purpose of MacKillop that corresponds with, or is
similar to, the charitable purposes of the
Congregation or agency for which the gift,
15 disposition or trust was made or declared or the
trust fund was created.
6. Pooled investment of trust funds
MacKillop may establish one or more investment
funds for the collective investment of any money
20 held on trust by it for different charitable purposes
and may distribute income from each such fund
rateably among the several charitable purposes for
which the money so invested is held and any loss
arising from any such investment must be likewise
25 borne rateably.
__________________
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MacKillop Family Services Act 1998
Sch.
Act No.
SCHEDULE
AGENCIES AND CHARITABLE PURPOSES
Column 1 Column 2
Agency Charitable Purpose
Mercy Family Care Centre, North The provision of care and
Geelong (previously conducted education for girls, children and
under the name of St Catherine's families whether at Newtown,
under the auspices of the Sisters of Highton or North Geelong
Mercy)
St Anthony's Family Service, The provision of care and
Footscray (conducted under the education for children and families
auspices of the Sisters of St Joseph) whether at Kew or Footscray
St Augustine's Adolescent and The provision of care and
Family Services, Geelong (whether education for boys and girls
conducted under the auspices of the whether at Highton, Newtown,
Christian Brothers or the Sisters of Whittington or Geelong
Mercy)
St Joseph's Babies and Family The provision of care for infants,
Services, Glenroy (conducted under children and pregnant women
the auspices of the Sisters of St whether at Broadmeadows, Carlton
Joseph) or Glenroy
St Joseph's Homes for Children, The provision of care and
Flemington (whether conducted education for children whether at
under the auspices of the Christian Surrey Hills or Flemington
Brothers or the Sisters of St Joseph)
St Vincent's Boys' Home, South The provision of care and
Melbourne (whether conducted education for boys or for boys and
under the auspices of the Christian girls
Brothers or the Sisters of Mercy)
St Vincent de Paul Child and Family The provision of care and
Services, Black Rock (conducted education for girls or for boys and
under the auspices of the Sisters of girls
Mercy)
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MacKillop Family Services Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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MacKillop Family Services Act 1998
Act No.
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