Associations (Natural Disaster Relief) Act 1976 (Qld)

3 1=11-q1,1114 ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE - - - - - - - - - - - - - - - - - - No. 2 of 1976 An Act to repeal the Sporting Bodies ( Natural Disaster Relief) Act 1974 and to make other provision for the granting of financial relief to associations that have suffered loss of or damage to facilities as a result of flood or other natural disaster and for related purposes [ASSENTED TO 29TH MARCH, 1976] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Associations (Natural Disaster Relief) Act 1976. 2. Repeal of Sporting Bodies ( Natural Disaster Relief ) Act 1974. The Sporting Bodies (Natural Disaster Relief) Act1974 is repealed and in this Act is referred to as " the repealed Act ". 3. ,Meaning of terms. in this Act, unless the contrary intention appears- " the committee " means the committee referred to in section 7; " the Fund " means the Fund continued and maintained in the Treasury pursuant to section 11 and called the " Associations Disaster Relief Fund ";

4 Associations (Natural Disaster Relief) Act 1976, No. 2 the Minister " means the Minister for Community and Welfare Services and Minister for Sport or other Minister of the Crown charged , at the material time, with the administration of this Act and includes any Minister of the Crown who is temporarily performing the duties of the Minister; " sporting body " means a body or association of persons , whether incorporated or unincorporated , having as its object the furtherance , development , promotion or control of any form of recreational activity engaged in competitively but does not include a racing club or a coursing club within the meaning of the Racing and Betting Act 1954-1974; the Treasurer " means the corporation sole referred to in section 4. 4. Treasurer as corporation sole. (1) The corporation sole constituted under The Treasury Funds Investment Acts 1958 to 1964, by the name " The Treasurer of Queensland " shall be the corporation sole for the purposes of this Act. (2) Section 4 of The Treasury Funds Investment Acts 1958 to 1964, shall apply in respect of the corporation sole referred to in subsection (1) for the purposes of this Act. 5. Relief against flood or other natural disaster . For the purpose of affording relief on account of damage to or loss of facilities as a result of flood or other natural disaster the Treasurer, with the approval of the Governor in Council, may make grants or advances by way of loan to such associations of persons as are approved by the committee for restoration, replacement or repair of such facilities in accordance with the provisions of this Act. 6. Application for relief. (1) An association of persons that-- (a) is a sporting body or a non-profit organization; and (b) has sustained loss of or damage to facilities as a result of flood or other natural disaster, may apply to the Minister for relief on account of such loss or damage. (2) The application shall be in writing and shall set out fully details of the reasons for the seeking of financial assistance, the type of financial assistance sought, the nature and extent of the damage to or loss of facilities, the nature and extent of the restoration, replacement or repair work considered necessary, the capacity of the association to repay any advance by way of loan made to it and to pay interest thereon and the security available for the purpose of securing the repayment of any advance by way of loan and the payment of interest thereon, and shall contain or be accompanied by such other information, particulars, documents and other writings as may be prescribed or, where or to the extent not prescribed, as required by the Minister. (3) Every application made under the repealed Act that is not disposed of at the date of passing of this Act shall be deemed to have been made under this Act and shall be subject to this Act and be dealt with as prescribed by this Act. 7. Committee. (1) For the purposes of this Act there shall be a committee of three persons.

Associations (Natural Disaster Relief) Act 1976, No. 2 5 The holders of office who at the date of passing of this Act constitute the committee under the repealed Act and their successors in office shall continue to constitute the committee under this Act unless and until its constitution is varied as prescribed by this section. The holder of office who at the date of passing of this Act is chairman of the committee under the repealed Act and his successor in office shall continue as. chairman of the committee under this Act unless and until the Governor in Council specifies another office the holder of which is to be chairman. (2) The Governor in Council may from time to time, by Order in Council specify three offices of departments of the Government of the State the holders of which shall be members of the committee and the holders for the time being of those offices shall be the members of the committee. (3) The Governor in Council may specify in an Order in Council the office the holder of which shall be chairman of the committee, and the holder for the time being of that office shall be the chairman accordingly. (4) The committee shall meet at such times and places and conduct its business in such manner as may be prescribed or, where or to the extent not prescribed, as it may from time to time determine. 8. Functions of committee . (l) The, committee shall examine every application for relief made under section & and if it appears to the committee- (a) that the applicant association (whether a sporting body or other association) is a non-profit organization and is otherwise entitled to make application for relief under this Act; and (b) that, in the case of an application by an association other than a sporting body, the object or principal object of the association is the welfare, education, training or betterment of the community or a section of the community, the committee shall, having regard to such matters concerning the provision of relief under this Act as are prescribed or as are directed by the Governor in Council, recommend to the Treasurer with respect to the application. For the purpose of this subsection education includes the provision of religious instruction and of pre-school activity. (2) The committee shall perform such other functions as are prescribed. 9. Decision in respect of application . (1). Where the Treasurer is of the opinion that an application for financial assistance should be granted in whole or in part, he shall recommend to the Governor in Council that the application be approved by the Governor in Council either in whole or in part. (2) The Governor in Council may approve the application either in whole or in part or he may refuse to approve it. (3) Approval by the Governor in Council of an application shall be by Order in Council. (4) The Governor in Council shall in the Order in Council specify, in the ease of a grant, the amount of the grant and the terms and conditions subject to which the grant is made, and, in the case of an advance by way of loan, the amount of the loan and such other matters and things in relation thereto as the Governor in Council thinks fit.

6 Associations ( Natural Disaster Relief) Act 1976, No. 2 Without limiting the generality of the foregoing, matters specified in relation to an advance by way of loan shall include- (a) the terms, provisions and conditions of the advance by way of loan to be made including the period of the loan and the repayments and payment and rate of payment of interest in respect thereof; (b) the property or assets over which security is to be given by the applicant association or other security to be given by it and the nature of the security to be taken over such property or assets or to be taken otherwise. 10. Payments with respect to grants and advances . (1) Security given by or on behalf of an association in respect of an advance by way of loan shall be given in favour of and taken by the Treasurer who shall, on such security being given, advance the amount of the loan approved by the Governor in Council to the association concerned in accordance with the terms, provisions and conditions of the advance, and repayments of the amount. advanced and payments of interest thereon shall be paid to and received by the Treasurer. (2) Payment of any grant approved by the Governor in Council to be made to an association shall be made by the Treasurer. 11. Associations Disaster Relief Fund. (1) The Fund called " The Sporting Bodies Relief Fund " established in the Treasury under the repealed Act shall be continued and maintained in the Treasury and be called the " Associations Disaster Relief Fund ". (2) There shall be paid into the Fund- (a) all moneys appropriated by Parliament for the purpos :s of this Act or of the repealed Act; (b) all moneys other than those referred to in provision (a) received for the purposes of this Act or of the repealed Act or received for the purpose generally of providing financial relief to sporting bodies or other associations that have sustained loss of or damage to facilities as a result of flood or other natural disaster; (c) all moneys repaid to the Treasurer, both principal and interest, in respect of advances by way of loan made under this Act or under the repealed Act. (3) There shall be paid out of the Fund- (a) all grants duly made under this Act or under the repealed Act; (b) all advances by way of loan duly made under this Act or under the repealed Act; (c) all moneys required to meet repayments of moneys referred to in subsection (2) (b); (d) all moneys duly transferred from the Fund to the Consolidated Revenue Fund. 12. Restriction on advances in case of some unincorporated associations . (I) An advance by way of loan shall not be given under this Act in respect of an unincorporated association unless provision is contained in its constitution and rules empowering the borrowing of money on its behalf and authorizing its trustees to give to the lender of money a mortgage, charge or other security over its assets.

Associations (Natural Disaster Relief) Act 1976, No. 2 7 (2) An association to which an advance by way of loan has been made under this Act shall not alter its constitution or rules in relation to the matters specified in subsection (1) while any moneys payable on account of the loan remain unpaid without the consent in writing of the Treasurer first had and obtained, and any attempted such alteration without such consent shall be of no force or effect. 13. Moneys advanced to be a debt due to Her Majesty. Without prejudice to any other right or remedy had by the Treasurer under this Act or under any security in favour of the Treasurer to secure the repayment to the Treasurer of any advance by way of loan and the payment of interest thereon, all moneys payable to or recoverable by the Treasurer in respect of any advance as aforesaid shall be a debt due and payable to Her Majesty, and payment thereof may be enforced accordingly in any court of competent jurisdiction. 14. Holding and disposal of security. For the purposes of this Act the Treasurer may hold, until the same can be advantageously disposed of, any property real or personal taken by him or to which he has become entitled as security for or in satisfaction, liquidation or discharge of any debt incurred pursuant to this Act. 15. Regulations . The Governor in Council may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.