Returned Sailors', Soldiers' and Airmen's Imperial League of Australia, Queensland Branch, Act of 1956 (5 Eliz Ii) (Qld)

TRUSTEES AND EXECUTORS. 5 Eraz. II., 1956. Returned Sailors', Soldiers', Etc., Act. TRADES AND LABOUR HALL MANAGEMENT. See BUILDINGS. 325 TRUSTEES AND EXECUTORS. An Act to Make Provision for the holding of Real 5 ETI H I E and Personal Property by Trustees on behalf I S ' TIf'zr ,T,T) SOLDIERS' AND of District Branches and Sub-Branches of IMPERIAL The Returned Sailors', Soldiers' and Airmen's ALEUASTGRUAELOIAF, QUEENSLAND Imperial League of Australia, Queensland BROAPNC19H5, 6A. CT Branch, to provide for the Succession of Title thereto, and for other incidental purposes. [ASSENTED TO 8TH OCTOBER, 1956.] HEREAS it is desirable that real and personal Preamble. property which belongs now or may hereafter belong to District Branches and Sub-Branches of the Returned Sailors', Soldiers' and Airmen's Imperial League of Australia, Queensland Branch, should vest in and be managed by Trustees, and that on any change in the trusteeship becoming necessary the title to such property should devolve without the expense of conveyance or transfer being incurred: And whereas it is necessary to obtain power and authority for providing for the due succession of trustees without conveyance or transfer, and for creating facilities of proof: Be it enacted by the Queen'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 Returned Sailors', Short td Soldiers' and Airmen's Imperial League of Australia, Queensland Branch, Act of 1956."

326 TRUSTEES AND EXECUTORS. Returned Sailors', Soldiers', Etc., Act. 5 ELiz. II., Itinotner.preta- conte 2 x . tIonththerewiinsteeirnpdreictaatteios nororfeqthuiisreAs,ctth, eufnollelosswtihneg terms shall have the meanings hereinafter respectively assigned to them, that is to say— Acting authorised representa- tive. "Acting authorised representative" means such person as in the event of the death, illness, absence, or incapacity of the authorised representative may be appointed by the State President of State Branch for the time being, by writing under his hand, to act as authorised representative; Authorised representa- tive. "Authorised representative" of State Branch means the State Secretary appointed by State Congress or State Council of State Branch and for the time being holding office: the term includes a person for the time being duly appointed to act in such capacity; District Branch. "District Branch" means any District Branch now existing or hereafter formed under and pursuant to the rules and by-laws of the State Branch; R.S.L. lands. " R.S.L. lands" includes all lands and premises in Queensland, of whatever tenure, which now are or which may at any time hereafter be held in trust for or on behalf of any District Branch or Sub-Branch, together with all rights, easements, and appurtenances whatsoever relating thereto and also includes chattels real, and tenements and interests which are now held, possessed, or occupied or which may at any time hereafter be acquired and held, possessed, or occupied under any right, lease, license, authority, or tenure peculiar to goldfields or mineral fields, or other tenure under the laws of Queensland relating to mining, or any leasehold, occupation license, authority, or permit or other tenure under the laws of Queensland relating to the occupation, leasing, and alienation of Crown land; Real Property Acts. "Real Property Acts "—*" The Real Property Acts, 1861 to 1952" ; * 25 V. No. 14 and amending Acts.

1956. TRUSTEES AND EXECUTORS. Returned Sailors', Soldiers', Etc., Act. 327 "Register book "—The register book kept by the Register Registrar of Titles pursuant to the Real b01** Property Acts: the term also includes any register book kept by any authority (other than the Registrar of Titles) charged with the registration by such authority of the instrument of tenure of the land concerned; "Registrar of Titles "—The Registrar of Titles Rsgistrar of for the time being appointed under the Real Mies. Property Acts: the term also includes a Deputy Registrar of Titles, or, where the Registrar of Titles is not the authority charged with the registration of the instrument of title to the tenure of any land, the authority charged with registering the instrument of title to such tenure. "State Branch" means "The Returned Sailors', State Soldiers' and Airmen's Imperial League of Branch. Australia, Queensland Branch " ; " Sub-Branch " means any Sub-Branch now Sub- existing or hereafter formed under and Branch ' pursuant to the rules and by-laws of the State Branch. proceTehdeinwgsowrdhsat"sloeegvaelr, pwrohceetheedrinpgresl" imshinaalrlyi, nicnliutidateoaryll, Lpreogcaeledings. interlocutory, or final, in any court of law or before any Registrar of Titles, or before any warden under the laws relating to mining, or other duly constituted authority under any other Act or law having like or similar powers, authorities, and functions. Distr 3 i . ct (1 B .) raUncphonorthSeupba-BssrianngcohfaadorepstoinlugtitohnisbAycatn, yallveprsetientgt lands and any estate therein, and all moneys and property securities for money, and all personal property then held Binzischtrig by such District Branch or Sub-Branch or by any person Sub-Branch or persons on behalf of such District Branch or Sub- trustees. Branch, and all R.S.L. lands, and all moneys or securities for money and personal property which may at any time or times hereafter be acquired by such District Branch or Sub-Branch by gift, purchase, devise, bequest, or otherwise shall, subject to and without prejudice to any mortgage, charge, encumbrance, lien, lease, agreement, or other transaction affecting the same, respectively

328 TRUSTEES AND EXECUTORS. Returned Sailors', Soldiers', Etc., Act. 5 Euz. II., become vested in the trustees in the official name of "The Trustees of the Returned Sailors', Soldiers' and Airmen's Imperial League of Australia, Queensland Branch, District Branch (naming the District) or Sub-Branch (naming the Sub-Branch), as the case may be, who shall be appointed by such District Branch or Sub-Branch in accordance with the rules and by-laws for the time being governing such District Branch or Sub-Branch upon such trusts and for such purposes and subject to such conditions as shall from time to time be defined by such rules and by-laws and shall be subject to the provisions of this Act. Evidence of (2.) A certificate that a resolution as referred to in preassosliuntgioonf. subsection one of this section has been passed by any District Branch or Sub-Branch on a particular date adopting this Act, signed by persons purporting to be the president and secretary of such District Branch or Sub-Branch, shall be taken as sufficient evidence that such District Branch or Sub-Branch has adopted this Act upon the date named in such certificate. Powers of trustees. 4. So far as persons dealing with such trustees are concerned, such trustees, whether of a District Branch, or of a Sub-Branch, shall be deemed to have the same power of sale, lease, mortgage, and disposition over such property as if they were the absolute owners thereof; and it shall not be incumbent upon any person to inquire whether any proposed dealing constitutes a breach of trust, nor shall any person be concerned to see to the application of any purchase, mortgage, or other moneys paid to such trustees. Transfers, 5. Where any sale, mortgage, exchange, or lease conveyances, of any R.S.L. lands subject to the provisions of this executed by Act and under the operation of the Real Property Acts, smuaffjiocrieitnyt. sohfaslul cbhe lmanadde, , ifthseigtrnaendsfbeyr,ammoratjgoargitey, eoxfcthhaentgrue, stoerelseafoser the time being of such land named in the register of trustees hereinafter mentioned, shall be as effectual as if such transfer, mortgage, exchange, or lease had been duly signed by all the trustees or registered proprietors thereof. Moreover, in case such land shall not be under the operation of such Acts, the conveyance, mortgage, exchange, or lease thereof, if executed by a majority

1956. TRUSTEES AND EXECUTORS. Returned Sailors', Soldiers', Etc., Act. 329 of the trustees for the time being thereof named in such register of trustees, shall be deemed to pass the legal estate therein as fully and effectually as if all the trustees in whom the legal estate was vested had joined in, executed, or made such conveyance, mortgage, exchange, or lease. for t6h.e Ttihme esibgeniantugreins owfhthoemmaarjeorviteystoefdthaenytrulastnedess cDpooernsccuoemnrennartgs mortgaged to such trustees, or in whose names are estate invested any moneys in debentures, stock, Treasury bills emxaeicourietyd.lbY or other securities of this State or of the Commonwealth sufficient. of Australia, or in debentures or other securities of a local body as defined in *" The Local Bodies' Loans Guarantee Acts, 1923 to 1936," or in any bank or company, to any release or transfer shall be sufficient to reconvey, release, or transfer respectively, the estate of all the trustees therein in the same manner as if such documents had been signed by the whole of such trustees. 7. The authorised representative for the time being Register of of State Branch shall keep or cause to be kept in trouttee"kept. duplicate a register of trustees of the several lands and funds for the time being held subject to the provisions of this Act on behalf of the respective District Branches and Sub-Branches in Queensland, and such register shall be called and inscribed as "The Returned Sailors', Soldiers' and Airmen's Imperial League of Australia, Queensland Branch, Register of Trustees for Queensland," and shall be in the form or to the effect contained in the Schedule hereto; and such authorised Schedule. representative shall with all reasonable despatch enter or cause to be entered in such register of trustees the names, addresses, and occupations of the present trustees of such lands and funds respectively, with all other particulars indicated in the said Schedule. Such authorised representative shall from time to time, upon the appointment of any new trustee or trustees under the rules and by-laws for the time being governing any District Branch or Sub-Branch insert or cause to be inserted in such register of trustees the name and addition of the new trustee or trustees, and how the vacancy in the trust occurred, whether by death or otherwise, and the date of the appointment of the new trustee or trustees, and also the date of the insertion * 14 G. 5 No. 8 and amending Act.

330 TRUSTEES AND EXECUTORS. Returned Sailors', Soldiers', Etc., Act. 5 ELIz. II., of his or their name or names in such register of trustees; and such authorised representative shall sign his name in such register of trustees in the proper column, in the same line with the name of every trustee (old and new) to authenticate the due appointment of each trustee. Power to amend register. 8. The authorised representative shall have full power at any time to amend the register a trustees by rectifying any error or supplying any omission therein and shall initial such amendment and add the date thereof, but shall not render illegible the part so rectified; and the register so amended shall have all the validity and operation by this Act conferred upon the register of trustees. Legal 9. On the insertion and authentication as aforesaid pesatsastetotonew in the said register of trustees of the name or names of trustees any new trustee or trustees of any R.S.L. lands not under cwointhvoeuyat nce. the operation of the Real Property Acts, held subject to the provisions of this Act, the estate in such lands of the trustee or trustees in whose place such new trustee or trustees shall be appointed shall forthwith vest in such new trustee or trustees solely or jointly, as the case may be, with the old continuing trustee or trustees (if any) for the same estate and interest as the former trustee or trustees had therein, and subject to the same trusts, without any conveyance or assignment whatsoever. On the insertion and authentication as aforesaid in the said register of trustees of the name or names of any new trustee or trustees of any R.S.L. lands under the operation of the said Real Property Acts held as aforesaid, such new trustee or trustees, together with the former or continuing trustees (if any), shall be deemed the proprietor or proprietors thereof within the meaning of the said Real Property Acts as if the name or names of such new trustee or trustees appeared or was or were entered as such proprietor or proprietors in the register book kept under the provisions of the said Real Property Acts, and as if a certificate of title had been duly issued to him or them, solely or jointly, as the case may be, with the former continuing proprietor or proprietors (if any) for all the same estate and interest as the former proprietor or proprietors had therein, and subject to the same trusts, without any transfer being made for the purpose:

1956. TRUSTEES AND EXECUTORS. Returned Sailors', Soldiers', Etc., Act. 331 Moreover, as to such lands under the operation of the Real Property Acts, the trustees for the time being thereof registered as aforesaid in the said register of trustees shall be deemed the proprietors thereof within the meaning of the said Acts as if the names of such trustees appeared or were entered as such proprietors in such register book kept under the provisions of the said Acts, and as if certificates of title had been duly issued to them, but subject to the provisions of this Act, and to any then subsisting mortgage, lien, encumbrance, or lease. 10. On the insertion as aforesaid in the said Interest of register of trustees of the name or names of any new ptreurssteneasi trustee or trustees of any personal property, moneys, to pass to or securities for money held subject to the provisions at: uwstees of this Act, the estate in such property, money, or without securities of the trustee or trustees in whose place such transfer. new trustee or new trustees shall be appointed shall forthwith vest in such new trustee or trustees solely or jointly, as the case may be, with the old continuing trustee or trustees (if any) for the same estate or interest as the former trustee or trustees had therein, and subject to the same trusts, without any transfer or assignment whatsoever. 11. A book purporting to be the register of trustees Production hereinbefore referred to shall, on production thereof by straeotter the authorised representative for the time being or by evidence. any person appointed in writing so to do by him, be received and taken in all legal proceedings and on all occasions whatsoever as sufficient evidence (except in case of fraud or collusion) for and against not only the immediate parties but for and against third persons, purchasers, and all others whom it may concern, as to who are ol were the trustees of such lands, property, or funds, and also of the vacancies which occurred in the trusteeship, and of the appointment of new trustees to supply such vacancies, and of the date of the insertion of their names as aforesaid in such register of trustees, and of their consent to act, and of all other matters recorded therein in pursuance of this Act. Judicial notice shall be taken of such book and of the signatures of the authorised representative therein; and any extract purporting to be an extract from such register of trustees, and certified under the hand of the

332 TRUSTEES AND EXECUTORS. Returned Sailors', Soldiers', Etc., Act. 5 Emz. II., authorised representative for the time being, and bearing what purports to be the seal of State Branch, shall be received and taken in all legal proceedings and in all dealings with R.S.L. lands before any Registrar of Titles, land agent, warden, or other duly constituted authority under any other Act or law having the like or similar powers, authorities, and functions, and on all occasions whatsoever, as sufficient evidence of the several extracted matters comprised in such extract so far as the same may relate to any particular R.S.L. land, property, or funds, without the production of such register of trustees, and judicial notice shall be taken of the signature of the authorised representative to every such extract, and of such seal of State Branch. Acting authorised represen- tative of State Branch. 12. In case of the decease, illness, absence, or temporary incapacity of the authorised representative as aforesaid, some other person may be appointed by the State President for the time being of State Branch to act in the place of the authorised representative, but not for a longer period than the next monthly meeting of State Council, and such other person shall be designated the " acting authorised representative of State Branch " ; and such acting authorised representative during the time for which he shall be so appointed shall have, perform, and execute all the powers, authorities, and duties of the authorised representative, and shall underneath his signature in the columns of the said register of trustees insert the word "acting, " and shall underneath his signature to any extract to be made by him from such register of trustees insert the words "acting authorised representative of State Branch." A copy of the Gazette containing a notification by the State President for the time being of State Branch of the appointment of an authorised representative or of an acting authorised representative as aforesaid shall be sufficient evidence of the due appointment of such authorised representative and acting authorised representative respectively. Powers and 13. The Registrar of Titles (as hereinbefore defined) Rduetgieisstroafr of shall, by virtue of this Act, have power and authority Titles. to, and shall cause to be made any necessary entries or endorsements in the appropriate register book concerned and do and execute all such other acts, matters, and things as may be necessary and proper to give full effect to the objects and purposes of this Act.

1956. TRUSTEES AND EXECUTORS. Returned Sailors' , Soldiers' , Etc. , Act. Et 13: 1 0 4. PAA - 5) 333 Section 7. Schedule. July 1st , 1941 July 2nd , 1941 (Name ofGoldfield ) Number ofTrustees (state number ). • 44 •• p c. . . ) PT4