Friendly Societies Act Amendment Act 1917 (WA)

WESTERN AUSTRALIA.

ANNO SEPTIMO

GEORGII QUINTI REGIS,

XXVI.

****************#******fl *M.************************

No. 6 of 1917.

AN ACT to amend the Friendly Societies

Act, 1894, and its amendments.

[Assented to 23rd March, 1917.]

Council and Legislative Assembly of Western Australia,13E it enacted by the King's Most Excellent Majesty. byand with the advice and consent of the Legislative

in this present Parliament assembled, and by the authority

of the same, as follows :

This Act may be cited as the Friendly Societies Act Amendment Act, 1917, and shall be read as one with the Friendly Societies Act, 1894 (hereinafter called the Principal Act). Short title.

1.

2. The following paragraphs are hereby added to sub- Amendment of

section one of section fifteen of the principal Act, after para-	section 15 (1).
graph (d) thereof :

" (di) In the purchase in fee simple of land in Western

Australia ;

(d2. ) In any of the Parliamentary stocks or Public funds or Government securities of the Commonwealth of Australia."

3. The following section is hereby inserted after section Insertion of new section after

fifteen of the principal Act, that is to say : section 15.

15a. (1) The trustees, with the consent of the Power to dispose

committee of management or of a majority of the mem-	of land held by
bers of a society or branch, as the case may be, present	way of investment
and entitled to vote in general meeting, may —

1917, No. 6.] "Wend& Societies. [7 GEO. V.

(a) Sell any land held by way of investment for the Society or Branch, and transfer or other- wise assure the same to a purchaser freed and absolutely discharged from any trusts in favour of the society or branch to which the said land may be subject ;

(b) Mortgage such lands to secure moneys lawfully borrowed, and for the purpose of such security assure such lands to the mortgagee and his assigns freed and discharged from any such trusts as aforesaid ;

(c) Notwithstanding any such trusts, lease any such lands for any term with or without right of renewal, and either by way of building lease or otherwise and subject to such covenants, conditions, and agreements as they may think fit ;

Provided that no such consent as aforesaid' shall be deemed to have been duly obtained unless it is obtained at a meeting of the committee or of the society or branch, as the case may be, of which notice specifying the intention to move for such consent has been given as provided in rules of the society or branch made under this Act.

(2) " Land held by way of investment " shall include any land vested in trustees for any society or branch except such land as shall have been acquired from the Crown by way of ,gift or free grant or without any pecuniary consideration.

(3) The provisions of the Public Institutions and Friendly Societies Lands Improvement Act, 1892, and of subsection three of section fifteen of this Act shall not apply to or in respect of land held by way of investment.

(4) Subject to the last preceding subsection, nothing in this section shall affect the provisions of section fifteen of this Act.

(5) The provisions of this section shall apply to and in respect of any land acquired from any person by way of gift or devise or without pecuniary consideration, if such land has been acquired or is held by the society or branch free from any trusts or restrictions (except a trust for the general purposes of the society or branch) which are inconsistent with the exercise of the powers conferred by this section.

Insertion of new 4. The following section is hereby inserted after section

section after seventeen of the principal Act, that is to say

section 17.	17a. (1) The Registrar may —
Powers of
Registrar for the	(a) Require the production for inspection of the

investigation of

books of any society or branch ;

the affairs of a

society or branch.

7 GEO. V.] Friendly Societies. [1917, No. 6.

(b) Make such inspection and examination of the

books as he may deem necessary ;

(c) Require from the manager or any officer of any bank in which any funds of any society or branch are deposited or invested a written statement of the amount of such deposit or investment, and any other particulars relating thereto which he may consider necessary ;

(d) Put such questions as he may consider expedient to any officer, member, agent, or servant of a society or branch relating to its business and affairs ;

(e) Appoint any inspector to examine into and report to him on the business and affairs of any society or branch.

Provided that before requiring the production of the books of a branch of a society, the Registrar shall give notice of his intention so to do to the Secretary of the Society.

(2) Any inspector appointed by the Registrar under this section shall have and may exercise all the powers and authorities of the Registrar under this section (except the power to appoint an inspector) subject to such limita- tions (if any) as the Registrar may think fit to impose.

(3) Every person who neglects or refuses to comply with any requisition made by the Registrar or an inspector under this section shall be guilty of an offence against this Act.

(4) Every person to whom any question is put by the Registrar or an Inspector under this section shall answer such question truthfully and completely to the best of his knowledge, information, and belief.

5. Section thirty-two of the principal Act is hereby Amendment of seetion 32.

amended by the addition of the following proviso —

Provided that the Committee of Management of any society or branch may, during the continuance of the present war, suspend or modify in such manner as they may deem just or expedient the benefits of any member who is on active service in the naval or military forces of the Crown, but no such suspension or modification shall have effect after the end of the said war.

Act Amendment Act, 1914, is hereby amended by the addition section 3 ofAmend- . 6, Subsection two of section three of the Friendly Societies Amendment of

i ng Act of 1911.

of the following words :—

" subject to any suspension or modification of such

1917, No. 6.1 Friendly Societies. [7 GEO. V.

benefits which the committee may from time to time, with the approval of the Registrar, deem just or expedient."

Section twelve of the principal Act is hereby amended Provided that on the death or resignation of a trustee the Committee of Management (by whatever name called) may appoint some other person as trustee in his place, but every such appointment shall be subject to confirmation at the next general meeting of the society.

Amendment of 7.

section 12.

by adding to paragraph (b) of subsection (1) the following

words :-

Citation and 8.

The principal Act and the amendments thereof inclusive printed by the Government Printer shall be printed as altered by such amendments, under the supervision of the Clerk of Parliaments, and all necessary references to the amending Acts shall be made in the margin. In any such reprint the

reprint of

principal Act and	of this Act may be cited together as the Friendly Societies
amendments.	Act, 1894-1917, and all copies of the principal Act hereafter
short title shall be altered to the Friendly Societies Act,
1894-1917.

By Authority: FRED. WM. SIMPSON, Government Printer, Perth.