Australian Red Cross Society New South Wales Division Incorporation (Amendment) Act 1943 (NSW)

AUSTRALIAN RED CROSS SOCIETY NEW

SOUTH WALES DIVISION INCOR-

PORATION (AMENDMENT) ACT.

Act No. 11, 1943.

An Act to vest the property of The New South Wales Division of the Australian Red Cross Society in the Australian Red Cross Society; to amend the Australian Red Cross Society New South Wales Division Incorporation Act, 1929; and for purposes connected therewith. [Assented to, 25th June, 1943.]

(1) This Act may be cited as the "Austral ian Red

Cross Society New South Wales Division Incorporation
(Amendment") Act, 1943."

(2)

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis-	Wales in Parliament assembled, and by the authority of
the same, as follows :—

1 .

(2) The Aus t r a l i an Red Cross Society New South Wales Division Incorpora t ion Act, 1929, as amended by subsequent Acts is , in this Act, re fe r red to as the P r i n ­ cipal Act.

(3) The Aus t r a l i an Red Cross Society New South Wales Division Incorpora t ion Act, 1929, as amended by subsequent Acts and by this Act, may be cited as the Aus t r a l i an Red Cross Society New South Wales Division Incorpora t ion Act, 1929-1943.

1. The Pr inc ipa l Act is amended—

(a) by inser t ing in section two in app rop r i a t e posi­ t ions having r ega rd to alphabetical sequence the following new definitions:—

" C h a r t e r " means the Royal Char te r incor­

po ra t i ng the Aus t ra l i an Red Cross Society and includes any supplementary Char t e r hereaf ter g ran ted by His Majesty or his successors to the said society.

"Div i s iona l Counc i l " means the Divisional

Council of the division const i tuted in accordance with the consti tution.

"Div i s iona l E x e c u t i v e " means the Divi­

sional Execut ive of the division const i tuted in accordance with the consti tut ion and includes any committee of the division (howsoever called) in which is vested for the t ime being the functions which, a t the commencement of the Aus t r a l i an Red Cross Society

tion (Amendment) Act, 1943, a re vested	New South Wales Division Incorpora­
in the Divisional Execut ive as consti­ tu ted a t such commencement.

" R e g u l a t i o n s " means the regulat ions for

the management of the division in force from time to t ime under the Cha r t e r and rules.

" R u l e s " means the rules from time to t ime in force under and by vi r tue of the Char te r .

(b)

(b)	by inserting in the same section at the end of the definition of " E x e c u t i v e C o m m i t t e e " the words " b y whatsoever name it is known and as from the commencement of the Aus t r a l i an Red Cross New South Wales Division Incor­ pora t ion (Amendment ) Act, 1943, includes the
Divisional Council ;
(c)	by omit t ing from the definition of " S o c i e t y " in the same section the words " b e i n g a branch in Aus t ra l i a of the Br i t i sh Red Cross S o c i e t y " and inser t ing in lieu thereof the following
words " i n c o r p o r a t e d by the C h a r t e r . "

3 .	The Pr inc ipa l Act is fu r ther	amended—
(a) by inser t ing next af ter	section three	the

following new sect ion:—

3A. The society may under and in accord­ ance with the C h a r t e r purchase , hold, sell, mort­ gage or otherwise deal wi th any p r o p e r t y in New South Wales and may therein exercise all the powers , r igh ts and privi leges apper ta in ing to a body incorpora ted by Royal Cha r t e r and may in i ts corpora te name sue and be sued and otherwise appea r and answer and be answered or proceeded aga ins t in all courts .

(b)	by omitting sections four and five and by in­ ser t ing in lieu thereof the following section:—
4. The Divisional Execut ive shall, subject to this Act and to the Char te r , the rules, and the
regulat ions , direct , manage and control the division and the p r o p e r t y of the society in

New South Wales and, subject as aforesaid, shall have power to do all such th ings as m a y be necessary or expedient for ca r ry ing out in New South Wales the objects of the society.

(c) by inserting at the end of section six the following new subsect ions:—

(2 ) The division shall have power, p u r s u a n t

to the provis ions of the Char te r , the rules, and the regulat ions , to use an official seal of the society and any ins t rument executed unde r

such

such official seal in accordance with the Char te r , the rules, and the regula t ions and re la t ing to p r o p e r t y in New South Wales shall bind the society as fully and effectually as if it had been executed under the common seal of the society: P rov ided tha t no defect in the appoin tment or qualification of any persons p u r p o r t i n g to affix the official seal shall affect any person dealing wi th the society bona fide or for value without notice of such defect bu t in favour of such person a n d any person taking th rough or under him such fixing shall be deemed complete notwith­ s tand ing such defects.

(3) The protect ion afforded by this section shall extend to the Regis t ra r -Genera l or the Crown Solicitor or any other person reg is te r ing or cert ifying title to any p roper ty .

4 . The Pr inc ipa l Act is fur ther amended—

(a) by omitting section seven and inserting in lieu thereof the following section:—

7. (1) All p r o p e r t y in New South Wales

which a t the commencement of the Aus t ra l i an Red Cross Society New South Wales Division

incorporation (Amendment ) Act, 1943, is vested in or held by the corporat ion shall by v i r tue of this Act be divested from the corpora t ion and shall vest in the society as from such commence­ ment and all p rope r ty in New South Wales which shall a t any time after such commence­

ment be given devised or bequeathed to or to	any person in t r u s t for or on behalf of or for
the benefit of the society or the division or any branch shall by v i r tue of this Act be divested from such person and shall vest in the society as from the date upon which such gift, devise or bequest takes effect.
All p rope r ty vested in the society by the operat ion of this section shall be held by it subject to the conditions or t ru s t s on which it was held immediately before such vest ing.
E	All

All r ights accruing or accrued to any person in New South Wales on behalf of the society or division or any branch a re hereby vested in the society and m a y be enforced by the society.

All liabilities of the corpora t ion or of any branch or person in New South Wales on behalf of the division may be enforced aga ins t the society and the asse ts of the society for t he t ime being in New South Wales .

(2) The corporat ion may for the purposes of record or in any case of doubt in wr i t ing under i ts common seal declare the t rus t s affect­ ing any p r o p e r t y which was vested in the cor­ pora t ion immediate ly before the commencement of the Aus t r a l i an Red Cross Society New South Wales Division Incorpora t ion (Amendment ) Act, 1943, and any such declarat ion shall be p r ima facie evidence of such t rus t s and unless or unt i l rectified by a cour t of competent ju r i s ­ diction or by another such declarat ion shall be a complete protect ion to the society or any o ther person act ing in accordance with the t e r m s

thereof: P rov ided always t ha t no such declara­

tion shall prejudice or affect the r igh ts of any person acquired for value before such declara­ t ion is made or acquired without notice of any

such declarat ion.

(b)	by omit t ing section e ight ;
(c)	by inserting next after section eight the fol­ lowing new section:—

8A. (1) No person deal ing with the society o r with the division shall be concerned to inqui re—

(a)	whether any consent or approva l requi red by the Char te r and rules or by the regulat ions has been g iven;
(b)	whether any directions have been given under the rules or, if given, a r e be ing or have been complied wi th ;
(c)	whether any authority required by the rules to be given has been so given or, if given, has been revoked;

(d)

(d) whether any conditions have been imposed under the rules or, if imposed, a re being or have been complied with.

(2) The exonerat ion under this section
shall extend to the Regis t ra r -Genera l , o r the

Crown Solicitor or other person reg is te r ing or

cert ifying ti t le to any p rope r ty .

(d) by omitting section nine and by inserting in lieu thereof the following sect ion:—

9. (1) W h e r e any gift, t e s t amenta ry or inter-

vivos, of p r o p e r t y is expressed to be made to the

" R e d C r o s s " or to the " R e d Cross S o c i e t y " or " f o r Red Cross p u r p o s e s " or where the inten­ t ion of the t e s t a to r or donor is expressed in words to a like effect such gift shall be construed and take effect as a gift to the society unless it shall a p p e a r tha t the gift was intended by the t es ta to r or the donor to be a gift to the Br i t i sh Red Cross Society or to some other society.

(2) If there be no t e rms imposed in respect of any p r o p e r t y vested in the society by this Act or which after the commencement of the Aus t ra l i an Red Cross Society New South Wales Division Incorpora t ion (Amendment) Act, 1943, becomes vested in the society by gift or other­ wise or if any t e rms imposed upon p r o p e r t y so vested or becoming vested have, in the opinion of the Divisional Executive, become impossible of performance the society may apply any such p r o p e r t y or any surplus remaining after per­

formance of such te rms in accordance with all PUBLIC

or any of i ts powers or objects.