Australian Mutual Provident Society's Act, 1934 (25 Geo v) (Qld)
Case
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COMPANIES. 15155 4 25 GEO. V. 1934. Australian Mutual Provident Society's Act. e s y CAIRNS HARBOUR BOARD WHARF S1TE. e See HARBOURS. e al h r COMPANIES. An Act to Repeal "An Act to Incorporate the 25 Geo. V. sr tAoufsutrrtahliearnDMeculaturaelaPnrdoDviedfeinnet SthoeciRetiyg, h"tsaanndd A P s RO o V c ID i E . I , N , NT y Powers of the Australian Mutual Provident Acs or 1934. e Society; and for other purposes. n [ASSENTED TO 12TH DECEMBER, 1934.] W d HEREAS by an Act of the Legislature of the State preamble. (then Colony) of New South Wales passed in l the Twentieth year of the reign of her late Majesty Queen Victoria a certain Society called the "Australian Mutual ee sSPeortocfivoeitrydthe" n) intwtSahsoecisniaceiotdyrpA" ocr( ta, atewnddhwihcihethrAethicnet awrfiagteshrtisnctaaintludlelepddo" w" tAehrens Act to Incorporate the Australian Mutual Provident e Society," and which Act by virtue of * " The Acts r Shortening Act Amendment Act of 1903" is cited as t" The Australian Mutual Provident Society Act of 1857" 20 Vic. 1857. e And whereas the said Act (hereinafter called the d Principal Act) has since the separation of the State (then Colony) of Queensland from the State (then Colony) of New South Wales from time to time by the Acts set , forth in the First Schedule hereto been amended by the Sob. I. s Legislature of the said State of New South Wales, and , enlarged powers have by the said Acts been conferred d on the Society: dys coothuelAdr tnehdxaenwrchthiesoreesaeasnwdyohpuicobhtwsaehtrastvhieenadtrhaiseteenSotwfathseeetpohaferQrattuhioeeenSnooscflaitenhtdye Colony of Queensland from the Colony of New South Wales it could have exercised in the State of New South Wales without special legislation from time to time in the Colony or State of Queensland enabling it so to do: * 3 Edw. VII. No. 10, supra, page 21. t 20 Vic. (1857), supra, page 3707.
15156 COMPANIES. Australian Mutual Provident Society's Act. 25 GEO. V., And whereas it is desirable to set at rest such doubts and to declare and define the rights and powers of the Society in the State of Queensland— Be it therefore enacted by the King'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 Repeal of Principal Act. 1. The Principal Act is hereby repealed. Dopofewrcilegarhrsatostifoannd i . n Qu 2 e . eTnhsleanSdoctiheetyrisghhatlsl baenddepeomweedrsalwwhayicshtofrhoamvetihmade the Society to time have been conferred upon it by the Acts in the Queensland. First Schedule to this Act set forth, and shall hereafter in Sch. T. Queensland have such rights and may exercise such powers as are conferred on it by or under the provisions of the Act of the Parliament of the State of New South Wales intituled the "Australian Mutual Provident Society's Act, 1910 " (a copy of which Act is set forth in Sch. II. the Second Schedule hereto) except so far as such rights or the exercise of any such powers be prohibited by or inconsistent with the laws for the time being of the State of Queensland (including in particular and without limiting the generality of such exception * " The Life Assurance Companies Acts, 1901 to 1933," or t " The Insurance Act of 1916," or " The Insurance Act of 1923," or §" The Workers' Compensation Acts, 1916 to 1929," or any Act amending or in substitution for any such Act) ; and may, subject to the like exception and, subject as hereinafter provided, from time to time exercise in Queensland such powers as may from time to time be conferred upon it by any Act of the State of New South Wales amending or in substitution for the said the "Australian Mutual Provident Society's Act, 1910 " : Provided that the Governor in Council may if he shall think fit by Proclamation published in the Gazette proclaim that any Act of the Parliament of the State of New South Wales amending or in substitution for the "Australian Mutual Provident Society's Act, 1910" shall be incorporated in and form part of such Second * 1 Edw. VII. No. 20 and amending Acts, supra, pages 282 et seg. T 7 Geo. V. No. 27, supra, page 7497. t 14 Geo. V. No. 29, supra, page 10574. § 6 Geo. V. No. 35 and amending Acts, supra, pages 9851 et seq.
COMPANIES. 15157 V., 1934. Australian Mutual Provident Society's Act. htes Sbwechhisceohdiusnlhceao, lrlapnboderaautmpeodennidnseuadcnhadcPcfoororrmdcilnapmgalryatt. ioofnssuucchhSAchcet dshulael, l hnet the S3o. cFiertoymshaanldl baeftedretehmeecdomtombeenaceBmrietnisthocf othmispaAnc y t cSil3eorecitirteethyd a anst withiPnrothveidmedeathnaint gifothf e* " S T o h c e ie C ty om be p f a o n r i e es th A e c e t x o p f i1ra9t3io1n" o: f cw m „ oi° 7mt8, hthnpien1anntgyhoef ninety days after the commencement of this Act complies companies with the provisions of sections three hundred and twenty- Ac t Of 1931." one and three hundred and twenty-four of that Act hndee lAtntihea" ecibrtt T hele h oteo e rrtfoo L ietr i ia f ent e nhowye A rir s ipt s thoes u fnt r oh a atfeh n lfti c peyc e rmeobr C vs, y o ioss m rihreo p aawn a lsls n oisto i nu e hf s fotfsh A efeer c ci t tasts o ianoi f nydn1ods9nsei0s- ecca1vtobi.eo" imnnlisttpeyoleifoanrtnhobcaeeft wnhdnfst naam A nno s ey s dra u nth4 r tiih a . man n asgIe c tti e oatsifsne C ecythv o " te m eai T rorp ph enp ae bbl n ey L si i cee ie d f anv se teei AA caonl sc naf s t t e u ort o eoe r r fa dent n 1iht c goh9e e nfa0S C tt1coh o t" ohc m emieh p esa a tSapys n ioa. i dnc e n s ioye A tjtwy" c n t oii To tsrh fh nh1i e no9a L t0dt1sh i a f o, e e " tc i i c e t t ; y er iY i s g . . n d ee Mutu 5 a . l T Pr h o i v s id A en c t t S s o h ci a e l ty l 's b A e c c t, it1e9d34a. " s the " Australian Short title. " r ; s n e h e SCHEDULES. FIRST SCHEDULE. e "Australian Mutual Provident Society's Act Amendment Act e of 1873." "Australian Mutual Provident Society's Acts Amendment e Act of 1888." " "Australian Mutual Provident Society's Acts Amendment Act d of 1903." "Australian Mutual Provident Society's Act, 1910." * 22 Geo. V. No. 53, supra, page 13433. t 1 Edw. VII. No. 20, supra, page 282.
15158 COMPANIES. Australian Mutual Provident Society's Act. 25 GEO. V., SECOND SCHEDULE. New South Wales. ANNO PRIMO GEORGE( V. REGIS. AN ACT TO CONSOLIDATE THE ENACTMENTS RELATING TO THE AUSTRALIAN MUTUAL PROVIDENT SOCIETY; AND TO AMEND THE SAME. [Assented to 28th July, 1910.] Preamble. WHEREAS by an Act of the Legislature of the State (formerly Act of 1857. Colony) of New South Wales, passed in the Seventh year 7 Vic. No. N. of the reign of her late Majesty Queen Victoria, and numbered ten, after reciting, amongst other things, that it was desirable to encourage the foundation of friendly societies for the purposes therein mentioned, it was enacted that it should be lawful for any number of persons to form themselves into and to establish a society for the purposes of raising, from time to time, by subscription of the several members of every such society, or by voluntary contributions or donations, funds for the mutual relief or maintenance of the members thereof, their wives, children, relations, or nominees, in sickness, infancy, advanced age, widowhood, or any other natural state or contingency, whereof the occurrence is susceptible of calculation by way of average, or for any other purpose which is not illegal; And whereas, under and in pursuance of the said Act, a certain Establish- ment of Australian Mutual Provident Society. Society was established, and is still subsisting in the City of Sydney, in the said State, called the Australian Mutual Provident Society, for the purpose of raising funds by the mutual contributions of the members thereof, or otherwise, for assurances on their own lives, or on the lives of other persons; for the assurance of joint lives and survivorships ; for the purchasing, granting, and sale of annuities certain or on lives present, deferred, or reversionary ; for the purchasing and granting of endowments, and for the transacting and carrying on of all business dependent on the contingencies of human life : And whereas various other Acts were from time to time passed for the encouragement and regulation of such friendly societies : And whereas one of such Acts, that is to say, an Act of Various Council passed in the Seventeenth year of the reign of her late other Acts, Majesty Queen Victoria and numbered twenty-six, repealed the passed for said first-mentioned Act, subject however, to its provisions sferonimecnoedutllreyasg. ing schoonutilndurienggisitnerfoitrscreualesstoinacnoynfsourcmhistyocwieitthy tthheenAecsttnaobwlisihnedre,etiitlallit: 17 Vic. And whereas, by the last-mentioned Act, various privileges were No. 26. conferred upon any such society not granted by the said first- recited Act, but at the same time so limiting the extent and nature of the business allowed to be carried on by any such society, as to Business be inconsistent with that then carried on by the said Australian permitted Mutual Provident Society, and which business had since been Nbliymoi1. te72d6Vfotiocr. o ncootnctionmuapllliyeda, nadndracpoiudlldy ninoct rceoamsipnlgy, , swoitthhatht ethceonsadiidtioSnosciimetpyohsaedd the said by the said second Act, so as to obtain the additional privileges Society. thereby conferred: And whereas the members thereof were desirous of having proper and enlarged facilities for carrying on and extending its business and operations: and to effect that purpose, and for the
COMPANIES. ., 1934. Australian Mutual Provident Society's Act. 15159 encouragement of frugality and of provident habits, and for Expedient promoting the objects of the said Society, it was expedient that the that the sraemsterischtoiounlds,beanindcoprrpoovraisteiodnwsi:thA, nanddwsuhbejreecat sto, bceyrtaaninAprcivt iolefgtehse, s s ian h ic o do u r l p dS o o r bc a ei t e h t d y . Legislature of the State (then Colony) of New South Wales, passed E in the Twentieth year of her late Majesty Queen Victoria, the said D Society was incorporated with and subject to certain privileges and restrictions, which Act (hereinafter called the Principal Act) has since been amended by Acts passed in the Thirty-seventh and Fifty- Expedient first years respectively of her late Majesty Queen Victoria, and by that the y an Act passed in the Third year of his Majesty King Edward VII. : SAletts r And whereas it is expedient to consolidate the said Principal Act consolidated , and amending Acts and to amend the same: Be it therefore enacted an d e by the King's Most Excellent Majesty, by and with the advice and amended. n consent of the Legislative Council and Legislative Assembly of New r South Wales, in Parliament assembled, and by the authority of the e same, as follows :- l 1. Such and so many persons as are at the commencement of Inoorpora- this Act, or at any time thereafter, may become members of the tion of s, Scoonctiaeitnye, dsh) ablel ( asnudbjceocntttionutheetorebgeuloantieobnosdayndcoprrpoovriastieo, nbsyhethreeinnaafmteer A S s o ci c t. ieotfy1. 857, abpnyrodtvhisastityonlnaesmooeff tmthheaeyB" tyAr-alunawssatsrcato, lficatahnrerMySooucnti,ueataynl, dPhceroroenvitniidanfueteenrt( rsSeufobecjrericeedttytto"o) t;hianendoacsi, ienteys s of or out of the State of New South Wales, the business for which the Society was established as hereinbefore mentioned, and by that name shall have and continue to have perpetual succession and a common seal, and shall sue and be sued, defend and be defended, in all courts whatsoever, and, except where inconsistent with the provisions of this Act, or of any By-law of the Society, shall have and continue to have power, notwithstanding any statute or law to the contrary, to purchase, take, hold, and enjoy to them and their successors for any estate, term of years, or interest, any houses, buildings, lands, and other hereditaments necessary or expedient for the managing, conducting, and carrying on the concerns, affairs, abnudildbiunsginsefsosr ooffftihceesSoinciwethyo, lwe iothr ipnopwaerrt ftoorbtuhielduosen oafnythseuSchocliaentdys, sA. ct of 1857, and to lease, sell, convey, assign, assure, and dispose of such houses, Act of 1873, buildings, lands, and other hereditaments as occasion may require. s. 1. tohreaSn2no. ucEiitevytey, ra,ynapdneyarslpsooonl( iwcsuyhboojehrcactsotenoftfrtehacecttepfdro, orovarisnsihoaanslssluohrfeartnehcaiefst, eAercnetdfafoenwcdtm, owef nitthth, e aD hr r e ee em fti s hn bo ee ee s rise w ty h o o f By-laws of the Society), the assigns or nominees of such persons Act of 1857, shall, so long as he or they respectively shall have an interest in such s. 3. policy or contract, be a member or members of the Society: and minors may also (subject to any provisions and restrictions contained in the By-laws) be members in like manner: Provided that minors shall not become such members without consent of their parents, masters, or guardians. . 3. The general business of the Society shall (subject to the Society to be By-laws and to the control of meetings of the Society, convened in underdi te pursuance of such By-laws) be under the immediate management imillamneageam'ent and superintendence of a " Board of Directors," and the Directors of Directors. Act of 1857, s. 4.
15160 COMPANIES. Australian Mutual Provident Society's Act. 25 GEO. V., Who are to for the time being shall have the custody of the common seal of the Ohafvseecaul, sto&dcy' sShoaclile, tyfraonmd tthime feotromtithmeere, obfe, adnedtearlml oitnheedr mbyatttheres Breolaatridn; gatnhedrethtoe, Directors present at a Board shall have power to use such common seal for the affairs of the Society, and to affix the same to any deed or document : and, under such seal, either by letter of attorney, or otherwise, to authorise any person or persons to execute, without such seal, policies, deeds, and contracts, and to do all such other things as may be required to be done, on behalf of the Society, in conformity with the provisions of the By-laws and of this Act: and it shall not be necessary to affix the said seal to any policy, or to use it in respect of any of the ordinary business of the Society, or for the appointment of any attorney for the prosecution or defence of any action, suit, or proceeding. Present 4. The present Directors of the Society, namely, The Dtaonidrceoocnftfotiir. ncseures HSeonnaotroarblTe hAelfHreodnWoriallbialemJMameeekssT, MhoemmbaserWofatlhkeerL,eBgiesnlajtaimveinCoSuhnocritl,, till changed Esquire, The Honorable Reginald James Black, The Honorable under By- Frederick Earle Winchcombe, The Honorable James Burns, Members s Ala . cw5ts.o, f 1857, oLfawth,e oLneegoisflHatiisveMCajoeusntyc'sil,CaonudnsAeldfroiarnthKenSotaxt,eEosfqNuierwe,SBoaurtrhisWtera-laets-, shall be the Directors, and the present officers thereof shall be the officers of the Society, until they or any of them shall retire or be changed, or shall otherwise cease to be such Directors or officers in pursuance of any By-laws of the Society, for the change, election, or appointment of Directors or officers. Power to 5. The Board may (subject to the provisions of the By-laws) issue non- effect with any person a policy or contract for an assurance, Appoaclrtitciociefisp1. a8ti7n3g, epnardtiocwipmateenint, aonyr aonf nthueitpyr, ofwiths iocfhthsehSaollcnieotyt,eonrttiotleclathime hanoyldbeorntuos s. 3. or other benefit which may arise out of the said profits, and such policy shall be called a "non-participating policy." Local 6. The Board may appoint Local Boards of Directors and other sAB. o4c.at rodfs, 1873, ntbheeecpreersowsvaiirtdyheodbfefbiydceetrhtseerimBn ysin- ulecahdwpbs,lyaoctrehasesaBmnodaaywrdfirt.homsutcimh peotowetirms eascoarnesiosrtemntalyy By-laws. 7. The present By-laws of the Society shall be the By-laws s A . c6t. of 1873, mofatnhneerSporcoievtiydeudnitniltahlitserAecdt, avnadritehde, Bamy- elanwdes.d, or repealed in the Power to 8. It shall be competent for the Society from time to time to lAmawcatkseo. fB1y8-57 aplrtoevr, idveadryt,haamt seuncdh, aBnyd- lraewpesaalrtehpeaBssye-dlaawnsdacnodntfoirmmaekdeinnethweBmya-nlanwers s. 9. ' prescribed by this Act, but no By-law shall be made by the Society Act of 1888, in opposition to the general scope or true intent and meaning of 5.2. this Act. How to make 9. Every alteration, variation, amendment, or repeal of any BAanycd- tlaoawflts1e.8r57, tBhyir-dlaswo,fatnhde evvoetreys naetwa mBye-eltaiwng, sohfatlhl ebeSfoircsitetayppcroonvveednoefdbfyortwthoe- s. 9. purpose, and shall be finally passed by a like majority of votes at Act of 1888. another meeting also convened for the purpose. s. 2.
' COMPANIES. 15161 V., 1934. Australian Mutual Provident Society's Act. heothodnee, rdtReiemgecigsle1aitsser0trat. reotydiAot.ohncfeooDppfueythebodelifscs, te,hacaetrneSBdtyaynrd- yelna, wewsyhBs, a, yalpln- rlbdaoewvsrhesedagslhtliosabtlebelreeondspoueticnnbhetahbtieynaoltflhfofrerieccsaeeosoltfeionlmrlasbn t o h leB e DyRbiASen- e. clsger8atoye. . wofsgftf. iisrcs1ytet8eoorf5efo7dr, ey, eiunrt absyaafn 1 oy 1 re . osfTafihidce,eorprrooafdctuhoceptySiootnhceioerfetyoth, fe, ocrBeoryft- itlfhaieewdcsbouypnytdhoeerfostfhufecichseeBrafylo- orlfatwhtheserreSeggoiicsstiteeertriyendgEAvsB.iycd1t-e0loan. wfc1se. 8o5f7, nd of deeds to be a copy, shall be evidence in every court of such By-laws. oosfer insta1n2c.e Abet geivveernybmy seheotiwngofohfatnhdes, Seoacchiemtyemvobteers( nshotalbleiinngthaemfiinrostr) Mvmoeeteihntiogndgaostfof present in person being reckoned as having one vote only, and in the Society. the case of an equality of votes, the chairman shall both on a show Act of 1857, hiel, oofr hvaontedss taondwahticthhehbealmloatyhabveeeanctiatsletidngasvoatme ienmabdedri.tiAonbtaollthoet mvoatye sAs• . c27t* . of 1888, t, be demanded at any meeting on any question (except that of an le adjournment of a meeting) by such number of members present rs in person as may from time to time be provided by the By-laws. t- If so demanded, the ballot shall be taken and votes be given whether s, personally or by proxy or attorney in such manner and according he to such scale of voting as may from time to time be prescribed by e the By-laws. The result of the ballot shall be deemed to be the n resolution of the meeting at which the ballot was demanded. n, e), aasndto1ot3fh. ethmTishseAhaBcltlo)saienredvmemsftiatsyiunc( sahunoybfjoetnhceet otfour nmthdoesreapnroodfvtphirseoiopfonelrsltoyowfoinfthgtehmeBoSydo- eclsaie: w— tys Ionfvfeusntdms.ent o (a) Upon mortgages of freehold or leasehold property anywhere Act of 1857, hs wpeirtshoinnst,hceoBrproitriasthioDnos,moirncioonmsp, aannidesw. hether belonging to ssA• .1c1t. 1o. f 1873, (b) In the purchase of or advances on public or Government Act of 1857, yr soefcAuruistitersaloiaf,tohre oUfnainteydSKtaintegtdhoemre,otfh, ethCeoDmommoinnwioenalothf ssA. .1° t1. 1°.1 1873' y New Zealand, or of any State, Colony, or possession Act of 1903, of the British Empire, or any stocks, funds, or securities is. 1 (2) (c). guaranteed by the British Government. s e (c) InofadthveanscaeisdoSnotchieetsyecourriatynyofoptholeirciseoscoifetays,sucroarnpcoer, awtihoenth, eorrAsA•ct1to1o.ff11885773, , company. o s.c1. s (d) IpSnrotehcmeieiptsyeusricnihnoawsreohooufltepoorfertmhineispSeastraottrefooorffolNaffneidcweosSnfoowurhtthihceWhutaosleebsou, fialtdnhdeA8Asc ' tl 1 oo 1 f ' f 11885773, , in building such premises. (e) In the purchase of or at interest upon reversionary interests A s c.t1o. f 1873, or life interests in funds or estates. (f) In purchasing, or otherwise acquiring equities of redemption, reversions of leaseholds, or any other outstanding interests in respect of any property the subject of a security held by the Society under which default has been made.
15162 COMPANIES. Australian, Mutual Provident Society's Act. 25 GEO. V., Act of 1873, S. 1. (g) On deposit or current account with the ordin.a • ry bankers of the Society or any joint stock bank or banks. Act of 1903, S. 1(1). (h) In repairing, adding to, building upon or otherwise improving the properties, the equities of redemption in which have been or hereafter may be acquired by foreclosure or in any other manner. Act of 1888, s. 1. (i) In advances upon the security of city, municipal, shire, borough, or other rates, tolls or dues, raisable or made chargeable by or under the authority of any Act of the Parliament of the United Kingdom, or of the Common- • wealth of Australia, or of any State thereof, or of the Dominion of New Zealand, or of any State, Colony, or possession of the British Empire. Act of 1903, s. 1 (2), (a), (b). (j) In the purchase of or advances upon bonds, debentures mortgages, or other securities of any city, municipality, shire, borough, public commissioners or trust, public body, corporation or company, secured upon any under- takings or works, or upon the rates, tolls, dues, or revenues raisable, leviable, or obtainable therefrom: Provided that the power to carry on or construct such undertakings or works and to issue or give bonds, debentures, mortgages, or other securities in connection therewith has been duly conferred under or by virtue of any Act of the Parliament of the United Kingdom, or of the Commonwealth of Australia, or of any State thereof, or of the Dominion of New Zealand, or of any State, Colony, or possession of the British Empire: Provided further that in the case of a company registered under the Companies Act, such undertaking or works as aforesaid shall have been authorised by some express enactment extending to the company. Act of 1857, 14. It shall be lawful for the Society to take and to hold until s. 11. the same can be advantageously disposed of for the purposes of reimbursement only, any lands, houses, and other real estate which may be taken by the Society in satisfaction, liquidation or discharge of any mortgage or other debt due to the Society, or in security for any debt or liability, and to lease, sell, convey, assign, assure, and dispose of such lands, houses, and other real estate as occasion may require. Informalities 15. All acts done at any meeting of the Board shall, notwith- aionpfpDoiirnetcmtoernst. sbteanadsinvgalaidnyasdeiffeecvteirnythsuecahpppoeirnstomnehnatdorbqeuenalidfuiclaytiaopnpoofinatneydDanirdecwtoars, Act of 1857, qualified to be a Director. s. 13. Interest of 16. Within the limits provided by sections four, five, six, and members seven of the Life, Fire, and Marine Insurance Act, 1902, which Act tanososgtigesnnumebrjeaenlctt. insohperroepbeyrtydeocrlainrteedretsot aopf palnyytmo epmobliecrieosr aonf dhicsopnetrrsaocntaslorfepthreeseSnotcaiteivtyes, Act of 1873, in any policy or contract made or entered into bona fide for the benefit s. 5. of such member or his personal representatives, or in the moneys payable under or in respect of such policy or contract (including every sum payable by way of bonus or profit), shall be affected by
COMPANIES. 15163 1934. Australian Mutual Provident Society's Act. any general assignment for the benefit of creditors, or in any other manner except by some act or deed of 'the holder of such policy, other than such deed of assignment, purporting specially to deal with the same and the property or interest therein of such holder or of his personal representatives. 17. All the funds, investments, and property for the time being All property of the Society, and the estates and interests of the several members of Society to tthheeremine, manbderasl, l btheedpereomfitesdanpderasdovnaanltaegsteasteth, earneodfbsehatrlla, nassmbiestswibeelen Abeesc ta t t o p f er 1 s 8 o 5 n 7 a , l accordingly. PARLIAMENTARY nr? . k U5. 18. The Society shall not, unless so far as allowed by its By-laws, Society not aabfsefetbhcoetuinongsdtaeinnnysainpbyolelmiocaywnonnreerrcotbhnyetraraencoytfg, trrouarsntbtoeedrreetoqq,uuoiitrraebedlfefteoicnttteaedkreebsynt , ooatrincdyeempoefarnasdon, nybAstor° uusn6td° os.fb1y857, trust or equitable interest or demand, but the receipt of the person or his representatives, to or by whom such policy or contract shall have been granted or effected, shall, notwithstanding such trust or equitable interest or demand, and notice thereof to the Society, be a valid and conclusive discharge to the Society in respect of any money payable by the Society in respect of such policy or contract, and a transfer thereof, in accordance with any provision in that behalf, shall be binding and conclusive, as far as may concern the Society, against all persons whatever: Provided that nothing herein contained shall affect the power of a Court of Equity to restrain or direct, as the case may be, the payment of any money payable by the Society in respect of any such policy or contract, or the transfer thereof thereafter, by any person or body other than the Society, as such Court may think fit. cont 1 ra 9 r . y It nsohtwallitbhestlaanwdfiunlgf, oirfthsaetBisofiaerdd, tahnayt nstoatwutiellowr alaswletfot tbhye ace m rot a ar y ienpbreseup-maids deceased member, and that no letters of administration of the estate sentatives of of such deceased will be taken out, to pay any sum not exceeding members one hundred pounds, together with any sum which may have been without aodfdseudchthmereemtobbeyr,woarytoofobroanmuos nogrsptrhoifsit,otrohtehrecwhiidldoworocrhwildidroewn, eor rtaAdmlaonion. fis1t8ra5-7, other person or persons appearing to the Board to be entitled to the s. 18. said estate, without such letters being taken out. law o2r0.inEevqeuryitys, urmeqmuoirnisn, gotronboeticsee,rvoerdwurpitoonrtohteheSropcrieotcye, emdianyg baet Ssneervtii.ceee o o n f served by being left at the office of the Society in Sydney, or given Act e of personally to the secretary, or in case there be no secretary, then s. 19. to any Director of the Society; and the place where the said office is situate and the names of the secretary and Directors of the Society Names of sahsahllebreeirnebgeisftoerreeddienclthaereodffriecsepfeocrttihnegRthegeisBtryy- loafwDse, eadnsd, ienvleikreymchanannegres a De n icicr? e• etactroyrs in such office and every new appointment of secretary or Director to be shall forthwith be also registered in like manner, and notice thereof recorded in given in the Government Gazette. the Registrar. General's Office.
15164 COMPANIES. Australian Mutual Provident Society's Act. 25 GEO. V., 1934. Dissolution 21. In case a majority of not less than three-fourths of votes of Society. present at a meeting of the Society shall resolve that it is expedient s A . c2t0o.f 1857 caudsisesssoaollvsveteattehme Seonct ioeftyt, htehepDroipreocsteodrsmshoadlle, aosf saopopnroasprpiraatcitoincaabnled, distribution of the stock and funds of the Society to be made, and to be certified to be an equitable mode by at least one actuary not personally interested in the Society; and another meeting shall then be convened, and if the resolution of the previous meeting be then confirmed by a like majority of votes, the Society shall be dissolved, and its affairs wound up with all convenient speed: And in case by a like majority of votes at a like meeting it be resolved that it is expedient to dispose of the property and business of the Amalgams- Society, or of any branch thereof, or to amalgamate the same with tion, sale, or any other society or company or to purchase the stock and business bStruoascniisnefeteysrs' s. of ooff athniys oStohecriestoyc,itehtye oDricreocmtoprasnyshtarallncsaacutsinegassitmatielamr ebnutsitnoesbsetmo tahdaet of the effect of such disposal, amalgamation, or purchase, on the interests of the members of this Society (the same to be certified by at least one actuary, not personally interested, either in this Society or in the other society or company as aforesaid), and then cause another meeting to be held for confirming or disallowing the said disposal, amalgamation or purchase, as the case may be; and if confirmed by the like majority the same shall be completed with all convenient speed; but in the event of any member , who may not have assented to such disposal, amalgamation or transfer, at the meeting at which the same was confirmed, dissenting therefrom at any time before the date on which his annual premium next after the date of such meeting shall have become due, or if he have no annual premium to pay, then within twelve calendar months after the date of such meeting he shall be entitled to demand from the funds of whatever branch of the said Society he may be a member of, the value of his policy, and the same shall be paid to him accordingly on his surrendering such policy. Repeal. Title. 22. The Acts mentioned in the Schedule to this Act are hereby repealed. 23. This Act shall be intituled the "Australian Mutual Provident Society's Act, 1910." SCHEDULE. Reference to Act. Title or Short title. Extent of Repeal. 20 Vic. .. An Act to Incorporate the Australian The whole Act Mutual Provident Society 37 Vic. .. Australian Mutual Provident Society's The whole Act Act Amendment Act of 1873. 51 Vic. . . Australian Mutual Provident Society's The whole Act Acts Amendment Act of 1888. 3 Ed. VII. Australian Mutual Provident Society's The whole Act Acts Amendment Act of 1903.
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