Friendly Societies Acts Amendment Act of 1942 (6 Geo Vi No. 35) (Qld)

SOCIETIES. Friendly Societies Acts Amendment Act. 6 GEO. VI. No. 35, 1942. 277 An Act to Amend "The Friendly Societies Acts, 6 N G o E . O. 35 V . I. 1913 to 1940," in certain particulars. THE FRIENDLY [ASSENTED TO 9TH DEOEMBER, 1942.] SOCIETIES ACTS A~ IENDMENT ACT OF 1942. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Friendly Societies Short title Acts Amendment Act of 1942," and shall be read as one and t t' with *" The Friendly Societies Acts, 1913 to 1940," herein cons ruc Ion. referred to as the Principal Act. The Principal Act and this Act may collectively be ~ ollective cited as " The Friendly Societies Acts, 1913 to 1942." tItle. 2. In section two of the Principal Act the definition Amendment "Sickness medical or funeral benefit business" is of s. 2. amended by repealing the words " funeral and burial or" where such words twice appear in paragraph (c) of such definition and by inserting the words "funeral andlor burial and/or" in lieu of such repealed words. 3. In the proviso to subsection one of section Amendment fifty-three of the Principal Act the words "and such ofs. 53 (1). property or money so ordered to be delivered up or repaid is recoverable as a debt" are repealed and the following words are inserted in lieu thereof, namely:- " and a copy of any such order whether made before on or after the commencement of t" The Friendly Societies Acts Amendment Act of 1942" certified under the hand of the Clerk of Petty Sessions may be filed in the Magistrates Court nearest to the place where such order was made and thereupon such order shall be and be deemed to be a judgment of the said Magistrates Court within the meaning of t" The Magistrates Oourts Act of 1921 " and shall be enforceable accordingly." 4. The following new section (53A) is inserted after New s. 53A. section 53 of the Principal Act, as follows :- "[53A.] Any decision of the Minister in any matter Mi~ter'~ relating to any winding-up under this Act shall be final ~ ~~ ~ :~ _ :p and conclusive." . pp. * 4 G. 5 No. 13 and amending Acts. See v. 8, 1036 et seq., 1938 Sess. v. p. 17254, 1939 Sess. v. p. 17789, 1940 Sess. v. p. 17990. t This A<;lt. :j: 12 G. 5 No. 22. See v. 4, p. 492.

278 SOCIETIES. Friendly Societies Acts Amendment Act. 6 GEO. VI. No. 35. Amendment 5. Subsection one of section sixty-three of the of s. 63 (1.). Principal Act is amended as follows : - (a) Paragraph (v.) of the said subsection is amended by repealing the words " and funeral" occurring at the heading of the said paragraph, and inserting the words " or funeral " in lieu thereof. (b) Subparagraph (c) of the said paragraph (v.) is repealed and the following paragraph is inserted in lieu thereof, namely:-, " (c) The administration, custody, and control of a Fund established at the Treasury (as herein- after provided) called "The Sickness, Medical or Funeral Benefit Trust Fund," by Trustees (as hereinafter provided)." Amendment 6. The Third Schedule of the Principal Act is of Sch. Ill. amended as follows:- r.3. (i.) In sub-rule three of rule three the words" or any trustee of the Benefits Trust Fund of such person" are repealed. r.4. (ii.) Rule four is amended as follows : - (a) Sub-rule two is repealed; (b) Sub-rule four is repealed; (c) Paragraph (c) of sub-rule five is repealed. r.4A. (iii.) The following new rule (4A) is inserted after rule four, as follows :- Establish- "[4A.] (1.) There shall be established a Board of Trustees to ment of administer the "Sickness, Medical or Funeral Benefit Trust Fund" Board of (hereinafter established). Trustees to administer The Board shall be appointed by the Governor in Council and the Sickness, shall consist of- FMuneeradl icalor ( . ~ . ) A representatI . ve of the RegI . Strar of Fri . endly Societies Benefit who also shall be secretary of the Board; Trust Fund. (ii.) The Official Valuer for the time being; (iii.) A representative of the Treasurer; and (iv.) A person representative of persons carrying on sickness medical or funeral benefit businesses registered under this Act. (2.) Such trustees shall be a body corporate by the name of " Trustees of Sickness, Medical or Funeral Benefit Trust Fund," and by that name shall have perpetual succession and an official seal which shall be judicially noticed and shall be capable in law of suing and being sued. The said Trustees shall not however be deemed to represent the Crown. .

SOCIETIES. 279 1942. Friendly Societies Acts Amendment Act. The said Trustees shall administer The Fund next hereinafter referred to. Regulations may be made concerning the business and meetings of the Trustees and generally for the proper conduct of the administration of the Fund, and section sixty-three of this Act shall apply and extend accordingly. (3.) The said Board of Trustees is hereinafter referred to as "the Board of Trustees" or "the Trustees." " (iv.) The following new rule (4B) is inserted after r. 4B. rule 4A previously inserted, as follows : - "[4B.] (a) There shall be a Fund constituted at the Treasury to Con~ titution be called the "Sickness Medical or Funeral Benefit Trust Fund" of S~ ckness, (hereinafter called" The' Fund "). ~ =~ : i or (b) The Fund shall be constituted by the payment and deposit ~ nefi~ d therein of the moneys and securities of or standing to the credit of the ust un. Benefits Trust Fund of every person on or after the thirteenth day of November, one thousand nine hundred and forty-two as hereinafter provided. (0) Such moneys and securities so paid andjordeposited in or into The Fund shall be vested in the Trustees and become one fund. (d) Separate accounts shall be kept of each Benefits Trust Fund (forming The Fund) of every person concerned. (e) Interest earned by investments or paid by the Treasury shall be paid into The Fund and shall be allocated proportionately among the respective Benefits Trust Funds of every person concerned. (f) The Trustees may invest in any of the investments in which under the Trustees and Executors Acts trustees are authorised to invest trust funds and also in any class of investment from time to time approved by the Governor in Council by Order in Council published in the Gazette. (g) The interest payable by the Treasurer to The Fund in respect of moneys not otherwise invested shall be at a rate to be fixed from time to time determined by the Treasurer. (h) Any expenses of administration of The Fund shall be paid out of The Fund, and allocated proportionately among the respective Benefits Trust Funds of every person concerned. (i.) The Fund shall be audited by the Auditor-General. (j) An annual report of the operations by the Board of Trustees in respect of The Fund shall be presented to the Treasurer and shall form. part of the annual report to Parliament of the Registrar of Friendly Societies." (v.) Rule five is amended as follows : - r.5. (a) Paragraph (g) of sub-rule two is repealed and paragraph (h) is renumbered (g) accordingly. (b) In paragraph (a) of sub-rule four the words" and of the instrument creating the trust under which the trustees are to administer the Benefits Trust Fund of the applicant" are repealed.

280 SOCIETIES. Friendly Societies Acts Amendment Act. 6 GEO. VI. No. 35, r. 6. (vi.) (a) Paragraph (d) of sub-rule one of rule six is amended by inserting after the words "the funds " the words and brackets namely :-" (other than Benefits Trust Fund)." (b) Paragraph (e) of sub-rule one of the said rule six is amended by deleting the words " trustees of the " r.7. (vii.) Rule seven is amended as follows:- (a) In paragraph (a) the words" the trustees of" are repealed. (b) In paragraph (b) the words" to such trustees together with other moneys (if any) to be paid" are repealed. Amendment of r. 9. (viii.) Rule nine is amended as follows :- (a) Sub-rule one is repealed and the following sub-rule one is inserted in lieu thereof, namely:- [Proportion " (1.) The proportion of each contribution by a contributor of ea~ h. provided in the rules relating to the sickness medical or funeral benefit ~ ontrlbutlOn business of any person to be paid into the Benefits Trust Fund shall crntributors forthwith be paid by such person into the Commonwealth Bank or to be such other bank as the Registrar shall approve to the credit of a trust forthwith fund (to be called" Benefits Trust Fund ") of such person." paid to the credit of (b) Sub-rule two is repealed. the Benefits Trust Funds.] (C) Sub-rule three is repealed. (d) A new sub-rule two is inserted after sub-rule one as follows :- " (2.) At the end of each calendar month after the commencement of" The Friendly Societies Acts Amendment Act of 1942 " all moneys standing to the credit of the Benefits Trust Fund of such person shall be transferred by him or by the person in whose name the Benefits Trust Fund stands to the Board of Trustees and placed by such Board into The Fund as hereinbefore provided. Such moneys shall be accompanied by a statement in writing in the form as directed by the Registrar showing the total amount of contributions collected each week and the proportion paid into the Benefits Trust Fund as provided in the rules of the person concerned or required hereunder and such other particulars as the Registrar may direct. From The Fund shall be paid the value of benefits provided by such person to contributors or other persons for whom contributions are to be made as provided for in the rules relating to the sickness m.edical or funeral benefit business of such person. The person concerned shall make periodical claims on The Fund to the Board of Trustees for the value ofthe benefit or benefits provided to contributors and others (including refunds to contributors as hereinafter provided) according to the rules of such business.

SOCIETIES. 281 1942. Friendly Societies Acts Amendment Act. And upon receipt of a certificate in writing signed by the person concerned the Board of Trustees shall payout of The Fund so much of such claim as the Registrar certifies is correct for payment to such person." (e) Sub-rule four and marginal note are repealed and the following sub-rule (4) and marginal note are inserted -in lieu thereof:- " (4.) Subject to this Act the moneys standing to the credit of Application the Benefits Trust Fund and whether actually banked or not and all of Benefits moneys in The Fund, shall be applied in the manner hereinbefore ~~ s~f~~~ d provided only for or towards- Fund. (a) The provision of benefits for contributors or persons for whom or on whose behalf contributions have been made; (b) Refunds to contributors; and (c) Expenses of administration of The Fund as hereinbefore provided and such moneys shall not be liable to be taken in execution under the order or process of any court at the instance of any creditor of the person carrying on the sickness medical or funeral benefit business to which such Benefits Trust Fund relates or, in regard to The Fund, the moneys and securities therein standing to the credit of such person." And sub-rules four and five are renumbered three and four accordingly. (j) Sub-rule five is amended by deleting the words " and invested." (ix.) Rule ten is amended by deleting the words r. 10. "or of trustee of the Benefits Trust Fund" also the words "and of trustees" in the marginal note are repealed. (x.) Rule twelve is amended as follows:- r. 12. (a) In sub-rule two the words "and the trustees of the Benefits Trust Fund of every such person" are repealed. (b) In sub-rule three the words" and the trustees of the said Fund" are repealed. (c) In sub-rule four the words "and the said trustees" are repealed. (d) In sub-rule six the words" and the said trustees" are repealed. (e) The proviso to sub-rule seven is repealed.

282 SOCIETIES. Friendly Societies Acts Amendment Act. 6 GEO. VI. No. 35, r. 15. (xi.) Sub-rule two and marginal note of rule fifteen are repealed and the following sub-rule two and marginal note are inserted in lieu thereof:- Distribution " (2.) Upon the cancellation of the registration of any person aoTmfruoBsnetgnFeufintsd tuhnedeMr itnhiissteAr csthtaollc-arry on sickness medical or funeral benefit business, contributors. (a) Order the Board of Trustees to make the moneys and securities in The Fund standing to the credit of the person concerned available to the Registrar; and (b) Order the Registrar, after meeting therefrom. any claims in respect of benefits accrued before such cancellation and after providing for the costs and expenses of getting in and distributing to contributors, to distribute the moneys received by him in accordance with paragraph (a) hereof, and all moneys standing to the credit of the Benefits Trust Fund of the person concerned (whether actually banked or not) and not paid over to The Fund among contributors according to the amounts of their interests in The Fund as determined by an actuary or valuer appointed under this Act." r. 17. (xii.) Rule seventeen is amended as follows:- (a) In sub-rule one the words" or the trustees of the Benefits Trust Fund of any such person" are repealed. (b) In sub-rule three the words "or trustee" and the words" or trustee as the case may be " are repealed. Provision for 7. (1.) If at the time when the Minister shall, in : ~ ~ ~ ~ g up pursuance of section ten of *" The Friendly Societies Acts sickness, Amendment Act of 1940," order the sickness medical or fmuendeircaall or funIerab enefit bus' mess 0 f any person to be wound up ben~ fit. (and whether such order shall have been made before ~ ~ ~ ~ e~ : ~ ed or after the passing of t" The Friendly Societie.: Acts on i.n . Amendment Act of 1942") such person was carrymg on : ~ ~ ~ ~~ ~ rn also the business of an undertaker or like business, business. such businesses being carried on as one business or in such a manner that in the opinion of the Registrar as certified by him to the Minister it is difficult or impracticable to distinguish the assets and/or liabilities of or relating to the sickness medical or funeral benefit business from the assets and/or liabilities of the under- taking or like business or to separate the assets and/or liabilities of the said businesses, the Minister may, at any time either concurrent with or subsequent to his ordering the· said sickness medical or funeral benefit * 4 G. 6 No. 26. See 1940 Sess. v., p. 17789. t This Act.

SOCIETIES. 1942. Friendly Societies ActB Amendment Act. business to be wound up, order the said undertaking or like business of such person to be wound up as well as his sickness medical or funeral benefit business and thereupon- (i.) For the purpose of such winding-up the provisions of subparagraphs (i.) and (ii.) of paragraph (a) and paragraph (b) of subsection two of the said section ten shall apply as if such undertaking or like business were part of such sickness medical or funeral benefit business it being expressly declared that the Registrar shall not allocate the assets or liabilities or any of them between the several businesses but shall deal with the same as if they were assets or liabilities of both businesses carried on as a joint business; and (ii.) Any money in any bank standing to the credit of an account in the name of such businesses or either of them or in the name of the person who carried on the said businesses or in any other name which account was used or operated on in connection with the carrying on of the said businesses or either of them and whether such account is designated a trust account or not and notwithstanding that such person may claim that such account is made up wholly or in part of private moneys of such person shall for the purposes of the said subparagraphs (i.) and (ii.) of paragraph (a) and of the said paragraph (b) of subsection two of the said section ten and of this section be deemed to be assets of the said businesses. (2.) Except as hereinafter provided in this subsection the order for the winding-up of the undertaking or like business of any person as well as his sickness, medical or funeral benefit business shall not prejudice or affect any right or remedy in respect of a liability of such person had by any creditor at the date when such order was made or accruing to any creditor after such date: Provided that a creditor shall not be entitled to enforce any such right or remedy against any property of such person which, upon the making of such order 283

284 SOCIETIES. Friendly Societies Acts Amendment Act. 6 GEO. VI. No. 35, or of any previous order for the winding-up of the medical sickness or funeral benefit business of such person, was transferred to and vested in the Registrar: Provided further that any amount paid or payable by the Registrar to a creditor in respect of such person's liability to him shall be set off against the amount of the liability. Payment of 8. (1.) All moneys and securities standing to the : ~ ~ : K~ e: ~ ~ credit of the Benefits Trust Fund of any person registered Benefits to carry on sickness medical or funeral benefit business ~ ; U~ ~ ~~ e~ at the passing of *" The Friendly Societies Acts Amendment thereof to Act of 1942 " shall without any authority other than this ~ hrus~~ e~ of Act be transferred by the Trustees of the Benefits M:dicl~ l ~; ss, Trust Fund concerned to the Trustees of the Sickness ~ un~ r~ d Medical or Funeral Benefit Trust Fund, forthwith on rus un. the passing of the said Act, and such moneys and securities so transferred shall form part of the Sickness Medical or Funeral Benefit Trust Fund accordingly. The receipt or acknowledgment by the Trustees of the lastmentioned fund of the moneys and securities so paid by the Trustees of the Benefits Trust Fund of the person concerned, shall be a good and sufficient discharge to such lastmentioned Trustees, and such lastmentioned Trustees shall not be bound to see to the application appropriation or use thereof. On the payment in full by the Trustees of the Benefits Trust Fund to the Trustees of the Sickness Medical or Funeral Benefit Trust Fund of all such moneys hereinbefore referred to, the office of such Trustees of the Benefits Trust Fund of the person concerned shall cease and determine and the Trustees shall go out of office accordingly. (2.) Neglect, refusal or failure on the part of the Trustees of the Benefits Trust Fund of any person registered under the Principal Act to carry on sickness medical or funeral benefit business to observe and/or carry out the provisions of this section shall render such registration of the person concerned liable to cancellation, and the provisions of t" The Friendly Societies Acts, 1913 to 1942" shall apply and extend to such persons accordingly. * This Act. t 4 G. 5 No. 13 and. amending Acts. See annotation to sec. 1 and this Act.

SOCIETIES. 285 1942. Friendly Societies ActB Amendment Act. (3.) (i.) The manager or other principal officer of Bank to pay the Commonwealth Bank or of such other bank, holding ~ = : s of any moneys and/or securities on behalf of the TrusteesFund. of the Benefits Trust Fund of the person carrying on sickness medical or funeral benefit business at the passing of *" The Friendly Societies Acts Amendment Act of 1942" is hereby authorised and shall on demand in writing by the Board of Trustees pay over and transfer to the said Board, such moneys and/or securities. (ii.) The manager or other principal officer of the bank concerned is hereby authorised and shall on a demand in writing by the Board of Trustees pay over and transfer to the said Board such of the moneys standing to the credit of the Benefits Trust Fund of·the person carrying on sickness medical or funeral benefit business, as according to sub-rule two of rule nine of the Third Schedule of t" The Friendly Societies Acts, 1913 to 1942," are required to be transferred by the person concerned to the Board of Trustees to be placed by such Board into The Fund in accordance with the provisions of the said sub-rule two. (iii.) The receipt or acknowledgment by the said Trustees of The Fund of the moneys and/or securities so paid over by the manager or other principal officer of the bank concerned in accordance with the provisions of paragraphs (i.) and (ii.) aforesaid shall be a good and sufficient discharge to the bank concerned and such'bank shall not be bound to see to the application appropriation or use thereof; nor shall the bank concerned or the manager or principal officer thereof incur any liability for paying over and transferring such moneys and/or securities to the said Board of Trustees. 9. (1.) On the cancellation of the registration of Provision for any person to carry on sickness medical or funeral benefit cadcel~ tion business, as provided in rule fifteen of the Third Schedule : ~ k~ : . re to t" The Friendly Societies Acts, 1913 to 1942," the personfediCf or concerned shall forthwith pay over to the Registrar all b~ ; ili . moneys and/or securities which but for such cancellation, ~ u! , mess IS. d would or should have been paidinto the Benefits Trust Fund o~ i! carne of such person and such moneys and/or securities shall be c~ ~ ~ un; ~ ion dealt with by the Registrar in the manner in which the ~ ~sin~ ss. er * This Act. t 4 G. 5 No. 13 and amending Acts. See annotation to s. 1 and this Act.

286 SQCIETIES. Friendly Societie8 Acts Amendment Act. 6 GEO. VI. No. 35, moneys and securities received by him from the Board of Trustees are dealt with by him pursuant to sub-rule two of the said rule fifteen. (2.) If such person whose registration has been so cancelled was carrying on also the business of an undertaker or like business, such businesses being carried on as one business or in such a manner that in the opinion of the Registrar as certified by him to the Minister it is difficult or impracticable to distinguish the assets and/or liabilities of or relating to the sickness medical or funeral benefit business from the assets and/or liabilities of the undertaking or like business or to separate the assets and/or liabilities of the said businesses, the Minister may, at any time either concurrent with or subsequent to his ordering the said sickness medical or funeral benefit business to be cancelled, order the said undertaking or like business of such person to be wound up as well as the cancellation of his sickness medical or funeral benefit business and thereupon- (i.) For the purpose of such cancellation if such undertaking or like business shall be treated as if it were part of such sickness medical or funeral benefit business, it is expressly declared that the Registrar shall not allocate the assets or liabilities or any ofthem between the several businesses but shall deal with the same as if they were assets or liabilities of both businesses carried on as a joint business; and (ii.) Any money in any bank standing to the credit of an account in the name of such businesses or either of them or in the name of the person who carried on the said businesses or in any other name which account was used or operated on in connection with the carrying on of the said businesses or either of them and whether such account is designated a trust account or not and notwithstanding that such person may claim that such account is made up wholly or in part of private moneys of such person shall for the purposes of this section be deemed to be assets of·the said businesses ;

SOCIETIES. , 6 GEO. VI. No. 35, 1942. Friendly Societies Acts Amendment Act. (iii.) The Registrar shall take all such necessary action to collect from the moneys so made available as aforesaid, such amounts as are rightly distributable among contributors according to the provisions of sub-rule two of rule fifteen accordingly. (3.) Except as hereinafter provided in this subsection the order for the winding-up of the undertaking or like business of any person as well as the cancellation of his sickness, medical or funeral benefit business shall not prejudice or affect any right or remedy in respect of a liability of such person had by any creditor at the date when such order was made or accruing to any creditor after such date: Provided that a creditor shall not be entitled to enforce any such right or remedy against any property of such person which, upon the making of such order or of any previous order for the cancellation of the medical sickness or funeral benefit business of such person, was transferred to and vested in the Registrar : Provided further that any amount paid or payable by the Registrar to a creditor in respect of such person's liability to him shall be set off against the amount of the liability. (4.) When any order is made by the Minister, the person to whom such order relates shall do such acts and things as in the opinion of the Registrar are necessary in order to carry the order of the Minister into effect; and any person who fails to comply with the provisions of this section shall be guilty of an offence against this Act, and liable to a penalty of not more than one hundred pounds, and in addition to a daily penalty of not more than twenty pounds for each and every day during which such offence is continued after a conviction therefor. 287 STAMP DUTIES. . See COMMONWEALTH AND STATES (FINANCIAL ARRANGEMENTS AND DEVELOPMENT AID ACT).