Queensland (Morven Branch) Bush Nursing Association Funds and Other Funds Transfer Approval Act of 1931 (22 Geo v No. 35) (Qld)

14042 FUNDS. Qucens7and 010rven Branch) Approval Act. 22 GEO. V. No. 35, FUNDS. 22 N G o E . O 3 . 5 V . . An Act to Enable Certain Moneys raised by Certain THE Residents of Morven, in the State of QUMEEONRSVLEANND Queensland, for the purpose of Establishing a BRANCH) BUSH Public Hospital at that Place to be Diverted NURSING ASSOCIATION FUNDS AND OTHER FUNDS TRANSFER ApPROVAL ACT OF 1931. from such purpose and to be Transferred to a Body known as the Morven Branch of the Queensland Bush Nursing Association, and to be Applied for the purposes of the said Branch, and for the purpose of Enabling Further Transfers of certain Funds to be effected. [ASSENTED TO 16TH DEOEMBER, 1931.] Preamble. W HEREAS in the year one thousand nine hundred and twenty-three a movement was inaugurated in Morven in the © State of Queensland for the collection of moneys in order to establish a public hospital at that place; And whereas up to the year one thousand nine hundred and twenty-seven an amount of over six hundred pounds (more or less) was duly received for that object: And whereas in the yeal' one thousand nine hundred and twenty-seven a Cottage Maternity Hospital at Morven was erected and equipped at the expense of the Government, and in the year one thousand nine hundred and twenty-nine the said Cottage Maternity Hospital was handed over by the Government to the Bush Nursing Association for the purpose of establishing a branch of the Association at Morven: And whereas portion of tp.e said sum of six hundred pounds (more or less) was diverted to the upkeep of the Cottage Maternity Hospital when functioning, and there is an amount of two hundred and ninety-one pounds (more or less) held in trust (hereinafter referred to as " the Fund ") by Messrs. J. McGrory and G. H. Street, of Morven, at the Commonwealth Bank at Charleville: And whereas a public meeting was held at Morven in the year one thousand nine hundred and thirty, when

FUNDS. 14043 1931. Queensland (Morven Branch) Approval Act. a resolution was passed approving of the transfer of the Fund above referred to from the original purpose aforesaid and the transferring of such moneys to the Morven Branch of the Bush Nursing Association: And whereas legislative sanction is necessary to be obtained before such transfer of such funds can be legally effected- Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The Queensland Short title. (J..1!orven Branch) Bush Nursing Associat'ion Funds and other Funds Transfer Approval Act of 1931." 2. In this Act the expression the " Trustees of the I~terpreta­ Fund" means and includes the said J. McGrory and tlOn. G. H. Street, of Morven, and/or each of them and their successors. 3. (1.) It is hereby declared that full power and Authority to authority is granted to the Trustees of the Fund as set divert funds. forth in the preamble to this Act, and they are hereby directed so to do, to divert the moneys amounting to the sum of two hundred and ninety-one pounds (more or less), together with any accrued interest standing to the credit of the said Fund in the Commonwealth Bank at Charleville, from the original purpose of establishing a public hospital at Morven, and to transfer such moneys to the body known as the Morven Branch of the Queensland Bush Nursing Association for the purpose of being applied in and for the said Association at Morven. (2.) It is hereby further declared that full power'andpower of authority is granted to the said Commonwealth Bank to ~an~ to enable the moneys standing banked to the credit of the ; ~e; :. er Fund to be withdrawn by the Trustees of the Fund and handed over to the Trustees of the Fund in order that the Trustees of the Fund shall pay over such moneys to the Morven Branch of the Queensland Bush Nursing Association.

14044 : B~ UNDS. Queensland (Morven Branch) Approval Act. 22 GEO. V. No. 35, Payment of (3.) The Trustees of the Fund shall pay over the Mmoonrveeyns to moneys standing to the credit of such Fund and handed Branch over by the bank as aforesaid to the secretary for the Qofuteheensland time being of the Morven Branch of the Queensland Bush Bush Nursing Association Committee or to some person ANsusrosciniagtion. appointed by such Branch to receive the same on its behalf. Receipt of ,secretary a good and sufficient discharge. (4.) The receipt of such secretary or such person appointed as aforesaid for such moneys shall be a good and sufficient discharge, and the Trustees of the Fund shall not thereafter be liable or accountable therefor or be bound to see to the application or appropriation thereof. Application (5.) All such moneys so received by the secretary obfymMoonrevyesn for the time being of the Morven Branch of the Branch Queensland Bush Nursing Association or such person oQfuteheensland appointed as aforesaid shall be applied in and for the Bush purpose of the Morven Branch of the Queensland Bush ANsusrosciniagtion. wNhuarstsinogeverA. ssociation, and for no other purpose No ~ ction 4. No action, indictment, information, or other G~ ~ : ~ ment, proceeding shall be commenced, presented, prosecuted, Committee, or maintained against the Government of Queensland or oofr FTurunsdt, ee&sc. agam . st t he Comm' lttee appom. t ed ' m the first ' Inst anc(~ for the purpose of raising moneys to establish a public hospital at Morven or against the Trustees of the Fund, or against the said bank or any officer thereof, or against the Morven Branch' of the Queensland Bush Nursing Association or against the secretary for the time being thereof or such person appointed by the Branch as aforesaid, or against the Queensland Bush NUl'sing Association, for or in resp"ect of the diversion of the Fund from the original purpose of establishing a public hospital at Morven to or for the purpose of transferring the Fund to the Morven Branch of the Queensland Bush Nursing Association and applying the moneys of the Fund in and for the purpose of the Morven Branch of the Queensland Bush Nursing Association. And moreover all such acts and things done or to be done for the purpose of effecting such diversion, transfer, and application of the said Fund are hereby declared to be valid and effectual for all purposes, and are hereby approved, ratified, and confirmed.

FUNDS. 1404& 1931. Queensland (Morven Bmnch) App1~ oval Act. 5. (1.) Notwithstanding anything contained in any Aut~ ority other Act or law or practice or usage to t • he contrary, 0 tOthedrlve u fr n t d s. the Governor in Council upon any applicatIOn made by the trustees or a majority of the trustees of any fund as defined in this section may from time to time by Order in Council published in the Gazette direct and declare that full power and authority shall be granted to such trustees to divest themselves of the whole or any specified part of such fund and to vest such whole or specified part of such fund either in the same trustees, but for purposes or objects different from the original purposes or objects of the fund concerned, or in different trustees for or in respect of any other fund for certain other specified purposes or objects, as the trustees may in their application designate: Provided that such different trustees shall signify their consent in the manner prescribed to the vesting in them of the fund or specified part· of the fund concerned. (2.) On the issue of such Order in Council as Order ill aforesaid, the trustees who have made such application Council. shall have full power and authority to divert the whole or any specified part of such fund from the purpose for which it was originally held and to transfer and pay over to themselves as trustees, but for purposes or objects different from the original purposes or objects, or (as the case may be) to different trustees of such other fund for or in respect of certain other specified purposes or objects, for the purposes of being applied to such other specified purposes or objects as so designated in the Order in Council. (3.) When any trustees whose applica . tion has . been R ecm . p t 0 f approved, and pursuant to such Order III CounCIl as trustees a aforesaid, shall transfer the moneys in respect of the gdL,:) sOe h d arge. fund or any specified part thereof to different trustees, being the trustees of another fund for or in respect of certain other specified purposes or objects, the receipt of such last-mentioned trustees (or of a person duly authorised by such trustees to receive such moneys), shall be a good and sufficient discharge, and the trustees who made the application to the Governor in Council shall not thereafter be liable or accountable therefore or to be bound to see to the application, distribution, or appropriation thereof.

14046 FUNDS. Qtteensland (Morven Branch) Approval Act. 22 GEO. V. No. 35, Application (4.) All applications under this section shall be ttoo Hbeommaede forwarded to the Home Secretary, who is hereby Secretary. empowered and authorised to make such inquiry and to obtain such information in respect of any application under this section as he may deem necessary in the circumstances. Reference by Home Secretary. (5.) The Home Secretary may refer any such application back to the applicants in any case where any information or, particulars contained in the application concerned are not considered by him to be satisfactory or complete, or where any application for the diversion of trust moneys is made to a trust for objects and purposes which in his opinion are not objects or purposes in respect of which such diversion should be approved. On being satisfied with any such application, the Home Secretary shall recommend to the Governor in Council the issue of the necessary Order in Council accordingly. RegD. lation~ . (6.) Regulations may prescribe the form of such application, any necessary declarations or other par- ticulars as may be considered necessary or desirable, and such other matters or things as may be necessary to give full effect to the objects and purposes of this section. i N n o dictment. proce( 7e. d)inNgoshaaclltiboen, icnodmimctemnecendt, , pinrefosermntaetdio, np, roosrecouttheder, or maintained against the Government of Queensland or the Home Secretary or any officer of the Home Department, or the trustees of the fund making such application as aforesaid' or any officer thereof, or the trustees of any fund (or any officer thereof) in whom the whole or any specified part of any fund has been vested and to whom such moneys have been transferred in accordance with any Order in Council under this section, or against any other person in respect of the carrying out of the objects and purposes of such Order in Council ; and it is hereby declared that for the purposes of this section any such Order in Council made or purporting to have been made under this section shall have the same force and effect as if it were contained in this Act, and shall be judicially noticed and shall not be questioned in any proceedings whatever.

FUNDS. 14047 1931. Queensland (Morven Branch) Approval Act. (8.) In this section, unless the contrary intention Definitions. appears, the following terms haye the meanings respectively assigned to them, that is to say :- " Trustees of the Fund " -The person or persons Trustees for the time being constituting the trustees the Fund. of or having the possession, management, or control of any sums of money standing to the credit of the Fund; " Fund "-A fund raised by voluntary contribu- Fund. tions or by means of any carnival, bazaar, fancy fair, or sale of work, or by means of art unions, raffles, guessing competitions, or drawings of a like nature for affording aid, assistance, or relief to- (a) Any charitable institution or association, hospital, or ambulance, or bush nursing association, including the building or improvement of premises in respect thereof; or (b) Any school of arts or library or educational institution, including the building or improvement of premises in respect thereof; or (C) Any institution or association having such objects as may from time to time be prescribed by the Governor in Council by Order in Council published in the Gazette. MORVEN BRANCH BUSH NURSING ASSOCIATION FUNDS. See FUNDS.