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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Patriotic Funds (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definition of "patriotic fund" 2
5. Assets of a patriotic fund 4
3A. Halls, etc. part of assets of patriotic fund 4
6. Power to transfer patriotic fund 5
7. Expenditure of patriotic funds 5
8. Penalties for neglect to furnish particulars 5
9. Banking accounts 5
10. Unauthorised collections prohibited 6
11. Power to council to demand accounts 6
12. References to war 6
NOTES 8
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PARLIAMENT OF VICTORIA
A BILL
to amend the Patriotic Funds Act 1958 and for other purposes.
Patriotic Funds (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Patriotic
Funds Act 1958 to--
(a) extend the application of patriotic funds to
5 members of the Australian naval, military
and air forces and their dependants for relief
or assistance in connection with service or
duty other than in connection with a war; and
(b) to make provision in relation to property
10 purchased with patriotic funds; and
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Act No.
(c) to make further provision for the transfer of
patriotic funds; and
(d) to improve the reporting and accounting
requirements under the Act in relation to the
5 administration of patriotic funds; and
(e) to make other miscellaneous amendments to
the Act.
2. Commencement
(1) Section 1 and this section come into operation on
10 the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
15 (3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 1999, it
comes into operation on that day.
3. Principal Act
No. 6331. In this Act, the Patriotic Funds Act 1958 is
Reprint No. 3
20 called the Principal Act.
as at
31 August
1995. Further
amended by
Nos 93/1997
and 46/1998.
4. Definition of "patriotic fund"
(1) In the definition of "patriotic fund" in section 3(1)
of the Principal Act--
(a) for "in connexion with any proclaimed war"
25 substitute "in connection with any service or
duty as 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
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Patriotic Funds (Amendment) Act 1998
s. 4
Act No.
the naval, military or air forces of Her
Majesty's allies";
(b) in paragraph (a), for "by the war" substitute
"by any service or duty";
5 (c) in paragraph (b), after "Commonwealth"
insert "of Australia";
(d) in paragraph (d), for "the war or otherwise"
(where twice occurring) substitute "any
service or duty";
10 (e) in paragraph (e), omit "during any
proclaimed war";
(f) for "any event of the war" substitute "any
event of any proclaimed war";
(g) for "or suffered in the war" substitute "or
15 suffered in any proclaimed war".
(2) In section 3(1) of the Principal Act insert--
' "service or duty" means--
(a) any naval, military or air service in any
proclaimed war; and
20 (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
25 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
30 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
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s. 5
Act No.
or impliedly or are incidental to the scope of
service or duty of the officer or member;'.
(3) After sub-section 3(2) of the Principal Act
insert--
5 "(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.".
10 (4) In section 3(3) of the Principal Act, for 'the
expressions "any proclaimed war" and "the war" '
substitute ' "any proclaimed war" '.
5. Assets of a patriotic fund
After section 3 of the Principal Act insert--
15 "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
20 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.
25 (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
30 or other building purchased or leased by a
trustee before the commencement of
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Act No.
section 5 of the Patriotic Funds
(Amendment) Act 1998.".
6. Power to transfer patriotic fund
In section 12A of the Principal Act, after sub-
5 section (2) insert--
"(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
10 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.".
15 7. Expenditure of patriotic funds
In section 17(4) of the Principal Act, for
"5 penalty units and not more than 10 penalty
units" substitute "25 penalty units and not more
than 50 penalty units".
20 8. Penalties for neglect to furnish particulars
In section 20 of the Principal Act--
(a) for "5 penalty units and not more than
10 penalty units" substitute "25 penalty
units and not more than 50 penalty units";
25 (b) for "1 penalty unit" substitute "5 penalty
units".
9. Banking accounts
(1) For section 21(2) of the Principal Act
substitute--
30 "(2) Every such account shall be operated by two
persons appointed by the trustees of the
patriotic fund.
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12
Act No.
(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
5 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
10 the account, and at such intervals, as the
trustees require.".
(2) In section 21(3) of the Principal Act, for "5
penalty units" substitute "25 penalty units".
10. Unauthorised collections prohibited
15 In section 23 of the Principal Act, in sub-sections
(1), (2B)(b), (2C)(b), (3) and (4), for "10 penalty
units" substitute "50 penalty units".
11. Power to council to demand accounts
In section 25 of the Principal Act--
20 (a) in sub-section (1)(b), for "in connexion with
the war" substitute "in connection with any
service or duty";
(b) in sub-section (2)--
(i) for "5 penalty units and not more than
25 10 penalty units" substitute "25
penalty units and not more than 50
penalty units";
(ii) for "1 penalty unit" substitute
"5 penalty units".
30 12. References to war
In the Principal Act--
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Act No.
(a) in section 14(1), for "in connexion with the
war" (where twice occurring) substitute "in
connection with any service or duty";
(b) in section 15(2), for "in connexion with the
5 war" substitute "in connection with any
service or duty";
(c) in section 23--
(i) in sub-section (1)(b)(ii), for "in
connexion with the war" substitute "in
10 connection with any service or duty";
(ii) in sub-section (4)(b)(i), for "the war"
(where twice occurring) substitute
"any proclaimed war";
(d) in section 24(c), for "in connexion with the
15 war" substitute "in connection with any
service or duty".
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Patriotic Funds (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Patriotic Funds (Amendment) Act 1998
Act No.
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