Sir Moses Montefiore Jewish Home (Amendment) Act 1969 (NSW)

Case
No judgment structure available for this case.

SIR MOSES MONTEFIORE JEWISH HOME

(AMENDMENT) ACT.

iSett) &outt) TOalê ;

ANNO OCTAVO DECIMO

ELIZABETHS H BEGINS

Act No. 52, 1969.

A n Act to m ake further provision with respect to the objects, powers, authorities, duties and functions o f The Sir M oses M ontefiore Jewish Hom e and its Board o f M anagem ent; to am end The Sir Moses M ontefiore Jewish H om e Act, 1927; and for pu r­ poses connected therewith. [Assented to, 3rd

O ctober,

1969.]

T>E it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows : —

Shorttitie.

(1) This Act may be cited as the “Sir Moses

Montefiore Jewish Home (Amendment) Act, 1969”.

(2)

Sir Moses Montefiore Jewish Home {Amendment).

(2) The Sir Moses Montefiore Jewish Home Act, No. 52, 1969

1927, is in this Act referred to as the Principal Act.

2. The Principal Act is amended—

Amendment of Principal Act.

(a) (i) by omitting from subsection (c) of section sec. 4.

four the words “including the whole or any (Power to

part of the land described in the said

Schedule hereunder written” ;

personal

e sta te )

(ii) by omitting from the same subsection the words “the land comprised in the said Schedule” and by inserting in lieu thereof the words “any such real property” ;

'

(iii)   by omitting from the same subsection the words “the said land” and by inserting in lieu thereof the words “any such real property” ;

(iv)   by omitting from the same subsection the words “the trusts declared by section five of this Act shall attach to” ;

(v)   by inserting in the same subsection after the word “exchange” the words “shall be applied for or towards the attainment of the objects of the Body Corporate” ;

(vi)   by omitting from the same subsection the words “subsection (f) of section eight of this Act” and by inserting in lieu thereof the words “Rules made pursuant to subsection (c) of section seventeen of this Act” ;

(vii)   by omitting from the same subsection the words “subsections (a) (b) and (c) of” ;

(b)

by inserting next after section four the following New sec. 4a.

new section :—

4a. Where the Body Corporate has acquired by Registration

bequest, gift, purchase or otherwise any inscribed °g,,y®?des stock, money, fixed deposit, debenture or share in etc.

a

Sir Moses Montefiore Jewish Home {Amendment).

No. 52, 1969

a corporation and registrable in its books, and registration thereof in the name of the Body Corporate has been refused, the Board of Manage­ ment may cause the stock, money, deposit, deben­ ture or share, as the case may be, to be registered in the joint names of the persons for the time being holding office as President, Honorary Secretary and Honorary Treasurer of the Board of Management.

Subst. sec. 5.

(c)

by omitting section five and by inserting in lieu

thereof the following section :—

Objects of

5. The objects of the Body Corporate shall

the Body

be-

; —

Corporate.

(a)

to provide and maintain a home for the shelter, support and relief, permanent as well as temporary, of such aged, infirm or other persons of both sexes of the Jewish faith as are, in the opinion of the Board of Management, deserving of the assistance of the Body Corporate;

(b)

to provide and maintain a home for the shelter, support and relief, permanent as well as temporary, of such poor, orphaned or other children of both sexes of the Jew­ ish faith under the age of eighteen years as are, in the opinion of the Board of Manage­ ment, deserving of the assistance of the Body Corporate;

(c)

to provide, otherwise than in the home referred to in subsection (a) of this section, for the shelter, support and relief, perman­ ent as well as temporary, of such aged, infirm or other persons of both sexes of the Jewish faith as are, in the opinion of the Board of Management, deserving of the assistance of the Body Corporate;

Sir Moses Montefiore Jewish Home {Amendment).

(d)

to provide, otherwise than in the home No. 52, 1969 for the shelter, support and relief, perman­ ent as well as temporary, of such poor, orphaned or other children of both sexes of the Jewish faith under the age of eighteen years as are, in the opinion of the Board of Management, deserving of the assistance of the Body Corporate;

(e)

to grant relief to any persons of the Jewish faith by monetary payments to any such persons either by way of gift or upon loan or by guaranteeing the repayment of any moneys borrowed from any person, society or institution by any such person or persons or by gifts or loan of goods or by gifts of clothing or in such other way as the Board of Management shall think fit;

(f)

to provide and maintain a hospital, con­ valescent home and nursing home, or any of them, for such persons of both sexes of the Jewish faith as, in the opinion of the Board of Management, should be admitted to any such hospital, convalescent home or nursing home whether or not those persons are residents of one of the other homes provided and maintained by the Body Cor­ porate ;

(g)

to undertake and execute any trusts the undertaking whereof may be calculated to advance any one or more of the objects of the Body Corporate;

(h)

to promote good feeling and friendly inter­ course and relationship amongst the resi­ dents of the homes or other institutions provided and maintained by the Body Cor­ porate;

(i)

p 64443—25

Sir Moses Montefiore Jewish Home (Amendment).

No. 52, 1969

(i) to appoint from time to time either with full or restricted powers of delegation and either with or without remuneration, agents, attorneys, local directors or other persons or corporations under power of attorney or otherwise within the Commonwealth or elsewhere for the purpose of carrying out all or any of the objects of the Body Cor­ porate and to revoke or cancel all or any of such appointments or delegations;

(j)

to take such steps by personal or written appeals, public meetings or otherwise as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the Body Corporate in the form of donations, annual subscriptions or otherwise;

(k)

to obtain any Act of Parliament, order of any Court or other source of power which may be deemed requisite for the purposes of the Body Corporate;

(l)

to support with its funds or otherwise any charitable or other object which in the opinion of the Board of Management is deserving of the support of the Body Cor­ porate ;

(m)

to do all such other lawful things as are incidental or conducive to the attainment of the above objects.

Sec. 7.

(d) (i) by omitting from section seven the word

(Receipts.)

“Treasurer” wherever occurring and by insert­ ing in lieu thereof the words “honorary treasurer or honorary secretary” ;

(ii)   by omitting from the same section the words “countersigned by the Secretary for the time being or by” and by inserting in lieu thereof the words “or of”

(iii)

Sir Moses Montefiore Jewish Home {Amendment).

(iii)   by omitting from the same section the word No. 52, 1969

“Secretary” where secondly occurring;

Sec. 8.

(e) by omitting section eight;

(Applica­

tion of

alienation

and mort­

gage

moneys.)

(f)

by omitting section nine and by inserting in lieu fee*! 9 and

thereof the following sections : —

new sec. 9a.

9. The Board of Management shall comprise—

Board of

̂ ^

Manage-

(a)

a president, a vice-president, an honorary ment. more than eleven other persons of the Jewish faith (all of whom are in this Act referred to as “elected members” ); and

(b)

other members appointed from time to time by the elected members if they think fit so to do, not exceeding in number the number of persons that would, with the elected members, constitute a Board of Manage­ ment of eighteen persons.

9a. The business of the Body Corporate shall be Powers of

managed by the Board of Management which may, had the Rule not been prescribed.

for that purpose but subject to any Rules not ment.

inconsistent with this Act prescribed by the mem­

bers of the Body Corporate in general meeting,

exercise all such powers of the Body Corporate as

are not by this Act required to be exercised by those

members in general meeting but no such Rule

shall operate to invalidate any prior act of the

(g)

by omitting from section ten the words “shall be Sec. to. held in the month of February in each year” and (Annual by inserting in lieu thereof the words “ (to be called

the ‘annual general meeting’) shall, in addition to any other meeting, be held at least once in every calendar year not more than fifteen months after the next preceding annual general meeting” ;

(h )

Sir Moses Montefiore Jewish Home (Amendment).

No. 52, 1969

(h) (i) by omitting from section eleven the words “a

Sec. 11.

new” and by inserting in lieu thereof the

(Board of

words “the elected members of the new” ;

Manage­

ment.)

(ii) by omitting from the same section the words

“appointment being made” and by inserting in

lieu thereof the words “election being held” ;

(iii)

by omitting from the same section the words “their successors are appointed” and by inserting in lieu thereof the words “the succes­ sors to the elected members are elected”;

(iv)

by omitting from the same section the word “re-election” and by inserting in lieu thereof the words “election, appointment, re-election or re-appointment, as the case may require” ;

Sec. 13.

(i) (i) by omitting from section thirteen the words

(Evidence

of Resolu­

“the President of the Board of Management

tion.)

and two members thereof” and by inserting in lieu thereof the words “any two of the presi­ dent, vice-president, honorary treasurer and honorary secretary”;

(ii)   by omitting from the same section the words “such President and members” and by insert­ ing in lieu thereof the words “the persons authorised by this section for the purpose”;

Sec. 14.

(j) by omitting section fourteen;

(Power to join other organisa­ tions.)

Sec. 15.

(k) (i) by omitting from subsection (a) of section

separate

(Power to

fifteen the words “the one” and by inserting

objects.)

in lieu thereof the words “, one division” ;

(ii)   by omitting from the same subsection the words “ (b) of that section and the other relating to that mentioned in subsection (c) of the same section” and by inserting in lieu thereof the words “ (c) of that section, another

division

Sir Moses Montefiore Jewish Home {Amendment).

division relating to those mentioned in sub- No. 52, 1969

sections (b) and (d) of that section, another division relating to subsection (e) of that section and another division relating to sub­ section (f) of that section”;

(iii)   by omitting from the same subsection the words “objects mentioned in the said subsec­ tion (a) and (b )” and by inserting in lieu thereof the words “object or objects mentioned in one division” ;

(iv)   by omitting from the same subsection the words “that mentioned in the said subsection (c )” and by inserting in lieu thereof the words “that or those mentioned in any other division and, except in so far as they relate to the objects pursued, separately and apart from the objects mentioned in subsections (g), (h), (i), (j), (k), (1) and (m) of that section”;

(v)   by omitting from subsection (b) of the same section the words “subsection (a) and (b) of section five of this Act unless the Body Cor­ porate by resolution determines to allocate any part or parts thereof for the purposes of sub­ section (c) of the said section five or unless” and by inserting in lieu thereof the words “the objects pursued, except in so far as the Body Corporate by resolution allocates them to other objects and except in so far as” ;

(vi)   by omitting subsection (c) of the same section;

(1) (i) by omitting from section eighteen the word sec. 18.

“Chairman” and by inserting in lieu thereof (Power to

the word “Vice-President” ;

(ii)   by omitting from the same section the words “Secretary or Treasurer” and by inserting in lieu thereof the words “Honorary Secretary or Honorary Treasurer” ;

(iii)

Sir Moses Montefiore Jewish Home {Amendment).

No. 52, 1969

(iii) by omitting from the same section the letter

-----

and symbols “ ( c ) ” and by inserting in lieu

thereof the letter and symbols “ ( e ) ” ;

Subst.

(m) by omitting section nineteen and by inserting in

sec. 19.

lieu thereof the following section :—

Life

19. (a) A person who, immediately before the commencement of the Sir Moses Montefiore Jewish Home (Amendment) Act, 1969, held office as a Life Governor, or as a Junior Life Governor, of the Body Corporate shall, after that commencement, continue in the office held by him.

Governors.

(b) A person over the age of twenty-one

years—

(i)   who was, immediately before that com­ mencement, eligible for appointment as a Life Governor of the Body Corporate;

(ii)   who, after that commencement, makes a donation to the Body Corporate of five hundred dollars or more in one amount; or

(iii)   who, after that commencement, confers a signal benefit on the Body Corporate, not being a gift of money,

may be appointed by the Board of Management as

a Life Governor of the Body Corporate.

(c) A Life Governor of the Body Corpor­ ate shall be entitled to vote at a general meeting of the Body Corporate and shall be eligible for election as a member of the Board of Management.

(d) A person under the age of twenty-one years who makes a donation to the Body Corporate of two hundred dollars or more in one amount may be appointed by the Board of Management as a Junior Life Governor of the Body Corporate.

(n )

Sir Moses Montefiore Jewish Home {Amendment).

(n)

by inserting next after the same section the No. 52, 1969

following new section :—

New sec

19a. '

19a . The Board of Management may realise any investment

investment of the Body Corporate made before or

after the commencement of the Sir Moses Monte- change of

fiore Jewish Home (Amendment) Act, 1969, and “ vestments,

may invest the proceeds thereof, and any other

funds of the Body Corporate, in the manner

authorised by the Rules.

(o )

(i)

by omitting from section twenty-one the word Sec. 2i.

“six” and by inserting in lieu thereof the word (Quorum.)

“nine” ;

(ii)

by inserting in the same section after the word “members” where thirdly occurring the words “at the least”.

3.      The Board of Management holding office immediately Tramitional

before the commencement of this Act shall be deemed to have been duly appointed as the Board of Management holding office under section eleven of the Principal Act, as amended by this Act, until the annual General Meeting of the Body Corporate next succeeding that commencement.

WHEAT

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0