Returned Sailors and Soldiers' Imperial League of Australia, W.A. Branch Incorporated (Anzac Club Control) Act 1938 (WA)

1938.] Returned Sailors and Soldiers' Imperial [No. 14.

League of Australia, W.A. Branch

Incorporated (Anzac Club

Control.)

RETURNED SAILORS AND SOLDIERS' IMPERIAL LEAGUE OF AUSTRALIA,

W.

A. BRANCH INCORPORATED

(ANZAC CLUB CONTROL).

— GEO. VI., No. XIV.

No 14 of 1938.

AN ACT to make provision for the management and control of the Anzac Club by the Returned Sailors and Soldiers' Imperial League of Australia W.A. Branch Incorporated, and for other purposes incidental thereto.

[Assented to 30th Thrember, 1938.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Returned Sailors and Short. title.

Soldiers' Imperial League of Australia, W.A. Branch

Incorporated (Anzac Club Control) Act, 1938.

2.    Insofar as the provisions of this Act are incon- Application

sistent with or repugnant to any of the provisions of the rellri.ng vail and the said provisions of the Licensing Ad, 1911, shall be read and construed as being subject to the pro- visions of this Act.

No. 14.] Returned Sailors and Soldiers' [1938.

Imperial League of Australia,

TV.A. Branch Incorporated

(Anzac Club Control).

Interpreta-

tion. 3. In this Act, subject to the context

"The Club" means the Club known as The Anzac Club and at the commencement of this Act regis- tered by that name as a club under and for the purposes of the Licensing Act, 1911.

"The League" means The Returned Sailors and Soldiers' Imperial League of Australia, W.A. Branch Incorporated.

The Club to 4. While and so long as the club continues to be regis- nu

be manag managed

and controlled tered as a club under and for the purposes of the Licens- bv theLeague, ing Act, 1911, and to have its premises and to conduct its

business at such registered club in the Headquarters building of the League known as Anzac House, St. George's terrace, Perth, the following provisions shall operate and have effect, that is to say:—

(a) The management, conduct and control of the assets and property of the club and of the busi- ness and transactions of the club are hereby and shall at all times be vested in the State Execu- tive of the League as from time to time consti- tuted under and elected or appointed in accord- ance with the rules of the League as from time to time in force, and the said State Executive shall be and is hereby authorised to exercise and perform such management, conduct and control subject to this Act and to the provisions of the Licensing Act, 1911, except in so far as the pro- visions of the Licensing Act, 1911, are not in- consistent with or repugnant to the provisions of this Act.

b) The net income from all sources arising from the carrying on and from the business of the club as ascertained from time to time shall be and remain the property of the League and may be used, applied or disposed of by the State Execu- tive of the League not only for the purposes of the club but also for any other purposes of the League for which the ordinary funds of the League may be used, applied or disposed of in accordance with the rules of the League.

1938] Returned Sailors and Soldiers' [No. 14.

Imperial League of Australia,

W. A. Branch Incorporated

(Anzac Club Control).

(c) Subject as in this paragraph hereinafter provided, every subscribing member of the League shall, by virtue of the payment of his subscription as a member of the League and without payment of any further subscription to the club, become and be a subscribing member of the club for that period during which the payment of his sub- scription to the League entitles him to be a mem- ber of the League and shall be entitled during such period and subject to the rules of the club to enjoy all the privileges of the club: Provided that-

(i)

Nothing in this paragraph shall prevent or be deemed to prevent any person who is not a subscribing member of the League from being or becoming a member, whether subscribing or honorary, of the club under and in accordance with the rules of the club;

(ii)

Nothing in this paragraph shall entitle or be deemed to entitle any person who is a sub-

scribing member of the League to be a member

of the club when such person is disqualified from becoming a member of the club by any of the provisions of the Licensing Act, 1911, on any ground other than the non-payment of a mem- bership subscription to the club; and

(iii)

Any subscribing member of the Leagm whose subscription to the League is in arrear to the extent that under the rules of the League he is unfinancial shall not be entitled to enjoy

and shall not be permitted or suffered to enjo

any of the members' privileges of the club

whilst he continues to be an unfinancial member

of the League as aforesaid.

(d) Insofar as any of the rules of the club in force at the commencement of this Act are inconsistent with or repugnant to any of the provisions con- tained in paragraphs (a), (b) and (c) of this

section the said rules shall be read subject to the said provisions and shall be deemed to be

amended accordingly.

No. 14.] Returned Sailors and Soldiers' [1938.

Imperial League of Australia,

W. A. Branch Incorporated

(Anzac Club Control).

Assets and

property of	5. If the club ceases to be registered as a club under
the Club to

become the	the Licensing Act, 1911, or is dissolved whilst the club
property of
the League.	premises are situate in the Headquarters building of the League aforesaid, all the assets and property of the &ill:. shall forthwith, and without any conveyance, transfer. assignment or other assurance become and remain the absolute property of the League

Club premises 6. After the commencement of this Act the premises	not to be
removed from of the club shall not be removed from the Headquarters
League pre-
mises except building of the League aforesaid and the business andby authority of the League. transactions of the club shall not be carried on elsewhere

than in the said Headquarters building of the League except by the authority of a resolution duly carried by three-fifths majority of the delegates present and voting at an Annual Congress of the League or at a Special Congress of the League duly convened for the purpose and held under and in accordance with the rules of the League.