National Security (Patriotic Funds) Regulations (Cth)

STATUTORY RULES.

1940. No. 131.

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939.

Dated this thirtieth

day of May   , 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

––––––

National Security (Patriotic Funds) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Patriotic Funds) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“Board” or “Patriotic Funds Board” means a Patriotic Funds Board appointed in any State or Territory in pursuance of these Regulations;

“fund” means patriotic fund;

“Local Committee “ means a Local Committee constituted under section 49 of the Australian Soldiers’ Repatriation Act 1920-1938, acting in the exercise of powers delegated to it by a Patriotic Funds Board in pursuance of regulation 6 of these Regulations;

“patriotic fund” means any fund established, or to be established, for the purpose of providing comforts or financial or other assistance for—

(a) members of the Defence Force or their families or dependants;

(b) members of the Forces of any part of His Majesty’s dominions (other than Australia) or of any allied country; or

(c) war victims,

or for any similar purpose in connexion with the present war, or for purposes including any such purpose;

“Territory” means Territory of the Commonwealth;

“the Commission” means the Repatriation Commission constituted under the Australian Soldiers’ Repatriation Act 1920-1938;

 

* Notified in the Commonwealth Gazette on , 1940.

6093—12/13.5.1940.—Price 5d.

 

“the Defence Force” includes any Force raised or maintained under the Defence Act 1903-1939, the Naval Defence Act 1910-1934, or the Air Force Act 1923-1939, whether serving in Australia or overseas, and the Australian Army Nursing Service;

“the trustees” means the trustees of any fund in relation to which the expression is used, and includes the Treasurer, the Secretary and any person actually controlling the fund.

Repatriation Commission to administer Regulations.

3.—(1.) Subject to the directions of the Minister, the Repatriation Commission constituted under the Australian Soldiers’ Repatriation Act 1920-1938 shall be responsible for the administration of these Regulations, and shall exercise and perform such powers and functions in relation to patriotic funds as are prescribed by these Regulations.

(2.) The Commission may, by instrument in writing, delegate all or any of its powers and functions under these Regulations (except this power of delegation) in relation to any matters or class of matters in any State or Territory to a Patriotic Funds Board appointed in pursuance of these Regulations in that State or Territory so that the delegated powers and functions may be exercised by that Board within the State or Territory as fully and effectually as by the Commission.

(3.) Every delegation under this regulation shall be revocable at will, and shall not prevent the exercise of any power or function by the Commission.

State Boards.

4.—(1.) The Governor-General may appoint in each State a Patriotic Funds Board consisting of—

(a) the persons who are for the time being members of the Repatriation Board for the State constituted under the Australian Soldiers’ Repatriation Act 1920-1938; and

(b) two other persons, who may be appointed upon the nomination of the Premier of the State.

(2.) The Governor-General may appoint in each Territory of the Commonwealth a Patriotic Funds Board consisting of not more than five persons.

(3.) A Patriotic Funds Board shall exercise such powers and functions as are conferred upon it by these Regulations or are delegated to it by the Commission.

(4.) The exercise of the powers and functions conferred upon a Patriotic Funds Board shall—

(a) be limited to funds established, or to be established, within the limits of the State or Territory for which the Board is appointed; and

(b) be subject to any directions given by the Commission.

(5.) An appeal shall lie to the Commission from any decision of a Patriotic Funds Board, and the decision of the Commission on the appeal shall be final.

Exemption of certain funds raised within a State.

5. If it appears to the Governor-General that satisfactory provision has been made by State legislation for the proper control of patriotic

 

funds in any State, he may, by Order published in the Gazette, exempt from the provisions of these Regulations, other than regulation 12—

(a) all or any patriotic funds raised or to be raised within the State by persons or bodies not affiliated or connected with any organization or body which receives collections or contributions to a fund from more than one State; and

(b) all or any operations within the State of any branch or division of any organization or body (other than the Australian Red Cross Society) which receives collections or contributions to a fund from more than one State,

and, while the Order remains in force, those funds, collections and operations shall be exempt from the provisions of these Regulations, other than regulation 12, and shall be subject to the State legislation.

Delegation of powers by Boards to Local Committees.

6.—(1.) A Patriotic Funds Board in any State or Territory may, subject to the approval of the Commission, by instrument in writing, delegate all or any of its powers and functions under these Regulations (except this power of delegation) in relation to any matters or class of matters to a Local Committee constituted under section 49 of the Australian Soldiers’ Repatriation Act 1920-1938 in that State or Territory so that the delegated powers and functions may be exercised by the Local Committee with respect to the matters or class of matters specified in the instrument of delegation within the district for which the Local Committee is appointed or within any other area specified in the instrument of delegation as fully and effectually as by the Board.

(2.) Every delegation under this regulation shall be revocable at will and shall not prevent the exercise of any power or function by the Board.

Funds not to be established or moneys raised without permission.

7.—(1.) Subject to the next succeeding sub-regulation, a person shall not, without the approval in writing of the Commission or a Patriotic Funds Board or a Local Committee acting under powers delegated by a Patriotic Funds Board (proof whereof shall lie upon him)—-

(a) establish any patriotic fund;

(b) invite subscriptions or contributions, whether in money or in kind, to any patriotic fund; or

(c) raise money by any means whatsoever for any patriotic fund.

(2.) The Commission may, by notice published in the Gazette, direct that it shall not be necessary to obtain approval for the raising of money for patriotic funds by means of any class of entertainment or function specified in the notice, and the Commission or a Patriotic Funds Board may, by notice in writing to the Secretary or Treasurer of any fund, direct that such approval shall not be necessary for the raising of money for the fund by means of any entertainment or function specified in the notice.

Applications for approval to establish funds, &c.

8.—(1.) An application for approval under regulation 7 of these Regulations shall be made—

(a) where the fund is to be established, subscriptions or contributions to be invited, or money raised, in one State or Territory only—to the Patriotic Funds Board for that State or Territory;

 

(b) where the fund is to be established, subscriptions or contributions to be invited, or money raised, in one district only, and the powers of the Patriotic Funds Board have been delegated in respect of that district to a Local Committee—to the Local Committee; and

(c) in any other case—to the Commission.

(2.) An application for approval to establish a patriotic fund shall contain a statement of the purposes for which the fund is to be established, the proposed name of the fund, the names of the persons who are to act as trustees, and such other information as the Commission or Patriotic Funds Board or Local Committee requires.

(3.) An application for approval to invite subscriptions or contributions to, or to raise money for, a patriotic fund shall contain such information as the Commission or Patriotic Funds Board or Local Committee requires.

Consideration of applications.

9.—(1.) The Commission or Patriotic Funds Board or Local Committee shall consider each application made in pursuance of these Regulations, and—

(a) may grant the application, either unconditionally or subject to such conditions as to the management of the fund, the manner of obtaining and collecting subscriptions or contributions to the fund, or any other matters connected therewith, as appear desirable to the Commission, Board, or Committee, as the case may be; or

(b) may refuse the application.

(2.) The Commission or Board or Local Committee may limit the period of any appeal for subscriptions or contributions to, or for the raising of money for, any fund, and determine the amount and class of expenditure which may be incurred in connexion with any such appeal.

(3.) Upon the grant of approval in pursuance of this regulation, it shall be lawful to establish the fund, to invite subscriptions or contributions, or to raise money for the fund (as the case may be) subject to compliance with the conditions (if any) upon which the approval is granted and with the provisions of these Regulations.

Powers of Commission and Boards to exercise control in relation to funds.

10.—(1.) The Commission or Patriotic Funds Board or Local Committee, as the case may be, may, in respect of any fund established with its approval in accordance with these Regulations, by notice published in the Gazette or by notice in writing to the Secretary or Treasurer of the fund—

(a) give such directions to the trustees of the fund as appear to be desirable to ensure the proper administration, distribution and disposal of the fund;

(b) prescribe forms of balance-sheets and returns as to receipts and disbursements to be furnished from time to time in connexion with the fund;

(c) require the trustees to produce any documents or vouchers or furnish any information in relation to the fund;

(d) prohibit the holding of any carnival, fete or other entertainment for the purpose of raising moneys in connexion with the fund, or require the postponement of any such carnival, fete or other entertainment to a date fixed by the Commission or Board or Committee; and

 

(e) at any time withdraw its approval, or vary or add to the conditions imposed at the time of the grant of approval,

and may, in the same manner, revoke or vary any such notice.

(2.) A notice published in the Gazette under this regulation by the Commission or by a Patriotic Funds Board may be expressed to apply to all funds, whether established before or after the publication of the notice, or to any particular fund or class of funds.

Power to wind up fund when approval withdrawn.

11. Where the Commission or a Patriotic Funds Board or a Local Committee has withdrawn its approval for the establishment of any fund, the Commission or Board or Local Committee may give such directions to the trustees and take such other action as appears to it to be desirable for the purpose of winding up the affairs of the fund, or for ensuring that any moneys in the fund are disbursed in a proper manner.

Power to wind, up fund when no longer required.

12. If, at any time, it appears to the Governor-General that the assets remaining in any fund are no longer required for the purposes for which the fund was established, he may, by Order published in the Gazette, direct that the affairs of the fund be wound up, and that any moneys remaining unexpended in the fund shall be paid by the person in whose hands they are to the Commission or a Patriotic Funds Board, and shall be disposed of by the Commission or Board in such manner as he directs for the benefit of persons who have served as members of the Defence Force during the present war or the dependants of deceased members of the Defence Force who served during the present war.

Purposes of fund may be defined.

13. Where, in the opinion of the Commission or a Patriotic Funds Board, the purposes for which any fund is established are not sufficiently defined, the Commission or Board may require the trustees to define those purposes, and if the trustees fail to comply with the requirement within a reasonable period or do not sufficiently define those purposes to the satisfaction of the Commission or Board, the Commission or Board may define the purposes, and thereupon the fund shall be deemed to have been established, and the moneys in the fund shall be applied, for the purposes so defined.

Trustees to furnish information to Commission or Board when required.

14. The trustees of any fund shall, within thirty days after being at any time so required by the Commission or a Patriotic Funds Board, furnish to the Commission or Board, as the case may be, a statement in duplicate, audited by a competent person and signed by the Secretary or Treasurer of the fund, setting forth such particulars as are required by the Commission or Board, as the case may be, with respect to—

(a) the amount for the time being in the fund;

(b) the amount expended from the fund for the purposes for which it was established;

(c) any amounts expended in connexion with the collection of subscriptions or contributions or in connexion with the administration of the fund, and the names, addresses and descriptions of persons to whom those amounts have been paid;

 

(d) any obligations incurred or undertaken by the trustees involving future expenditure; and

(e) any other matters in relation to the fund in respect of which information is desired by the Commission or Board.

Moneys to be paid into Trust Account or invested.

15.—(1.) Moneys received by the trustees of any fund shall forthwith be deposited by them in a separate Trust Account to be opened with a bank.

(2.) Every such account shall be operated on only by cheque signed by the Treasurer or Secretary of the fund and countersigned by a trustee, or in such other manner as is approved by the Commission.

(3.) Where any moneys in a fund are not immediately required for the purposes of the fund the trustees may, if they think fit, invest the moneys in any manner in which trust moneys may lawfully be invested.

Improper use of moneys or goods.

16. A person in possession or control of any moneys or goods subscribed or contributed to, or raised for the purposes of, any fund, shall not use or dispose of the money or goods for any other purpose.

Payment of moneys received for fund.

17. A person who receives any subscription or contribution to, or raises any money for the purposes of, a fund, shall pay or deliver the subscription, contribution or money to the trustees of the fund or to a person authorized to receive such moneys on their behalf.

Funds already established.

18.—(1.) Where a patriotic fund has been established prior to the date of commencement of these Regulations, the person having the control of the fund shall, within one month after that date, notify that fact to the Commission or the Patriotic funds Board for the State or Territory in which the fund is established, and shall furnish to the Commission or Board particulars of any approval granted by any authority for the establishment of the fund.

(2.) The provisions of these Regulations shall, mutatis mutandis, be applicable to any such fund in like manner as if the fund had been established with the approval of the Commission or a Patriotic Funds Board.

(3.) The Commission or a Patriotic Funds Board may direct that the affairs of any such fund shall be wound up, and thereupon the Commission or Board may give such directions to the trustees and take such other action as appears to it to be desirable for that purpose, or for ensuring that any moneys in the fund are disbursed in a proper manner.

Refusal or failure to furnish information or comply with directions.

19.—(1.) A person shall not, upon being required in pursuance of these Regulations to furnish any information or particulars to the Commission or a Patriotic Funds Board or a Local Committee—

(a)refuse, or fail, without reasonable excuse (proof whereof shall lie upon him), to furnish the information or particulars; or

(b)furnish any statement which is, to his knowledge, false in any material particular.

 

(2.) A trustee or other person holding office or exercising control over moneys in connexion with any fund shall comply with all directions given to him by the Commission or a Patriotic Funds Board or a Local Committee in pursuance of these Regulations (including any directions for the purpose of carrying out any Order under regulation 12 of these Regulations), and all conditions imposed by the Commission or the Board or Committee in pursuance of these Regulations.

Banks to supply information as to certain accounts.

20. Whenever any account is opened with any bank under a name indicating that the account is in respect of a patriotic fund, the bank shall forthwith notify that fact to the Commission, or to the Patriotic Funds Board for the State or Territory in which the account is opened, and shall furnish to the Commission or the Board such information relating to the account as the Commission or Board requires.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.