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UNIVERSITY OF NOTRE DAME AUSTRALIA ACT 1989 - SECT 23

UNIVERSITY OF NOTRE DAME AUSTRALIA ACT 1989 - SECT 23

23 .         Investment common funds

        (1)         The Board of Directors may establish one or more investment common funds for the collective investment of any trust or other moneys held by or in the custody of the University.

        (2)         The Board of Directors may from time to time without liability for breach of trust bring into or withdraw from any investment common fund the whole or any part of any trust fund or other moneys held by or in the custody of the University.

        (3)         The Board of Directors must not bring into any investment common fund the whole or any part of any trust fund —

            (a)         if the instrument creating the trust expressly directs to the contrary;

            (b)         unless all the securities in which the capital of the investment common fund is invested are securities in which the trust fund may properly be invested.

        (4)         The Board of Directors may if it considers it expedient so to do from time to time add some portion of the income to the capital of the common fund or use some part of the income to establish or augment a fund or funds as a provision against capital depreciation or reduction of income.

        (5)         Subject to subsection (4), the Board of Directors is to periodically distribute the income of each investment common fund among the funds participating in the common fund having regard to the extent of the participation by each fund in the common fund during the relevant accounting period.

        [Section 23 amended: No. 8 of 2005 s. 48.]