Patriotic Funds (Amendment) Act 1998 (Vic)

Patriotic Funds (Amendment) Act 1998

Act No. 71/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Definition of "patriotic fund"	2
5.	Assets of a patriotic fund	4
3A. Halls, etc. part of assets of patriotic fund	4
6.	Power to transfer patriotic fund	5
7.	Expenditure of patriotic funds	5
8.	Penalties for neglect to furnish particulars	5
9.	Banking accounts	5
10.	Unauthorised collections prohibited	6
11.	Power to council to demand accounts	6
12.	References to war	6

═══════════════

NOTES 8

i

Victoria

No. 71 of 1998

Patriotic Funds (Amendment) Act 1998†

[Assented to 4 November 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Patriotic

Funds Act 1958 to—

(a)	extend the application of patriotic funds to members of the Australian naval, military and air forces and their dependants for relief
or assistance in connection with service or duty other than in connection with a war; and
(b)	to make provision in relation to property purchased with patriotic funds; and

Patriotic Funds (Amendment) Act 1998

Act No. 71/1998 s. 2

(c)	to make further provision for the transfer of patriotic funds; and
(d)	to improve the reporting and accounting requirements under the Act in relation to the administration of patriotic funds; and
(e)	to make other miscellaneous amendments to the Act.

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal
Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 July 1999, it

comes into operation on that day.

3. Principal Act

In this Act, the Patriotic Funds Act 1958 is	No. 6331. Reprint No. 3
called the Principal Act.	as at 31 August
1995. Further amended by
Nos 93/1997 and 46/1998.

4. Definition of "patriotic fund"

(1) In the definition of "patriotic fund" in section 3(1) of the Principal Act—

(a) substitute "in connection with any service or

for "in connexion with any proclaimed war" military or air forces of Her Majesty or of the Commonwealth of Australia or of any of

Patriotic Funds (Amendment) Act 1998

s. 4 Act No. 71/1998

the naval, military or air forces of Her

Majesty's allies";

(b)	in paragraph (a), for "by the war" substitute "by any service or duty";
(c)	in paragraph (b), after "Commonwealth" insert "of Australia";
(d)	in paragraph (d), for "the war or otherwise" (where twice occurring) substitute "any service or duty";
(e)	in paragraph (e), omit "during any proclaimed war";
(f)	for "any event of the war" substitute "any event of any proclaimed war";
(g)	for "or suffered in the war" substitute "or suffered in any proclaimed war".

(2) In section 3(1) of the Principal Act insert—

' "service or duty" means—

(a)	any naval, military or air service in any proclaimed war; and
(b)	any special defence undertaking within the meaning of section 6 of the Defence (Special Undertakings) Act 1952 of the Commonwealth; and
(c)	any peacetime activities, including peace keeping activities; and
(d)	any training activities, including activities conducted in conditions simulating war or war-like activities—

engaged in by an officer or a member of the naval, military or air forces of Her Majesty or of the Commonwealth of Australia or of any of the naval, military or air forces of Her

Majesty's allies that are authorised expressly

Patriotic Funds (Amendment) Act 1998

Act No. 71/1998 s. 5

or impliedly or are incidental to the scope of

service or duty of the officer or member;'.

(3) After sub-section 3(2) of the Principal Act

insert—

"(2A) A patriotic fund established before the

commencement of section 4 of the Patriotic applied for any purpose in connection with any service or duty.".

(4) In section 3(3) of the Principal Act, for 'the

expressions "any proclaimed war" and "the war" '

substitute ' "any proclaimed war" '.

5. Assets of a patriotic fund

After section 3 of the Principal Act insert—

"3A. Halls, etc. part of assets of patriotic fund

(1) The assets of a patriotic fund include—

(a)	any hall, clubroom or other building purchased by a trustee of the patriotic fund wholly or partly from money in the patriotic fund; or
(b)	any lease of a hall, clubroom or other building, payments under which have been made from money in a patriotic fund.

(2) An asset referred to in sub-section (1) is to be dealt with in the same way as money or property in or forming part of a patriotic

fund.

(3) Sub-section (1) applies to any hall, clubroom

or other building purchased or leased by a
trustee before the commencement of

Patriotic Funds (Amendment) Act 1998

s. 6 Act No. 71/1998

section 5 of the Patriotic Funds

(Amendment) Act 1998.".

6. Power to transfer patriotic fund

In section 12A of the Principal Act, after sub-
section (2) insert—
"(3) Despite sub-section (1), the council or a

trustee of a patriotic fund (with the consent of the council) may, without the sanction of the Governor in Council, transfer money or property in or forming part of the patriotic

fund to a trustee, corporation or municipal council referred to in sub-section (1) if the amount of money or the value of the

property does not exceed $20 000.".

7. Expenditure of patriotic funds

In section 17(4) of the Principal Act, for
"5 penalty units and not more than 10 penalty
units" substitute "25 penalty units and not more

than 50 penalty units".

8. Penalties for neglect to furnish particulars

In section 20 of the Principal Act—

(a)

for "5 penalty units and not more than units and not more than 50 penalty units";

(b) for "1 penalty unit" substitute "5 penalty units".

9. Banking accounts

(1) For section 21(2) of the Principal Act

substitute—

"(2) Every such account shall be operated by two

persons appointed by the trustees of the
patriotic fund.

Patriotic Funds (Amendment) Act 1998

s. 10
s. 12

Act No. 71/1998

(2A) The trustees must, as soon as practicable after appointing the persons referred to in sub-section (2), notify the council in writing

of the names of each of the persons
appointed.

(2B) The persons appointed under sub-section (2) to operate an account must give the trustees such financial statements and other

information connected with the operation of
the account, and at such intervals, as the

trustees require.".

(2) In section 21(3) of the Principal Act, for "5

penalty units" substitute "25 penalty units".

10. Unauthorised collections prohibited

In section 23 of the Principal Act, in sub-sections (1), (2B)(b), (2C)(b), (3) and (4), for "10 penalty units" substitute "50 penalty units".

11. Power to council to demand accounts

In section 25 of the Principal Act—

(a) in sub-section (1)(b), for "in connexion with the war" substitute "in connection with any service or duty";

(b) in sub-section (2)—

(i)  for "5 penalty units and not more than 10 penalty units" substitute "25 penalty units and not more than 50 penalty units";

(ii)  for "1 penalty unit" substitute "5 penalty units".

12. References to war

In the Principal Act—

Patriotic Funds (Amendment) Act 1998

Act No. 71/1998

(a)	in section 14(1), for "in connexion with the war" (where twice occurring) substitute "in connection with any service or duty";
(b)	in section 15(2), for "in connexion with the war" substitute "in connection with any service or duty";

(c) in section 23—

(i)

in sub-section (1)(b)(ii), for "in connection with any service or duty";

in section 24(c), for "in connexion with the war" substitute "in connection with any service or duty". in sub-section (4)(b)(i), for "the war" "any proclaimed war";

(ii) 

(d)

═══════════════
Patriotic Funds (Amendment) Act 1998

Act No. 71/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Council: 7 October 1998

Legislative Assembly: 22 October 1998

The long title for the Bill for this Act was "to amend the Patriotic Funds
Act 1958 and for other purposes."