St Andrew's Foundation Act 1997 (Vic)

Version No. 001

St Andrew's Foundation Act 1997

Act No. 85/1997

Version as at 23 April 1998

TABLE OF PROVISIONS

Section  Page

1.Purpose

2.Commencement

3.Definitions

4.Board may transfer property to trustees

5.Vesting of trust property in trustees

6.Gifts, trusts etc.

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

St Andrew's Foundation Act 1997

Act No. 85/1997

Version as at 23 April 1998

Preamble

St Andrew's Presbyterian Hospital at East Melbourne was founded in 1934 by the Presbyterian Church of Victoria.

St Andrew's Hospital was established under the St Andrew's Hospital Act 1978 as the successor in law of St Andrew's Presbyterian Hospital.

The membership of the Board of Management of St Andrew's Hospital includes members nominated by the Uniting Church in Australia (Synod of Victoria) and members nominated by the Presbyterian Church of Victoria.

The Hospital was closed in 1990.

An endowment fund held by the Board of Management consists of charitable donations and bequests.

A trust deed entered into on 20 October 1997—

(a)establishes a public charitable trust fund known as The St Andrew's Foundation for the provision of grants and donations towards the hospitals, aged care facilities and community services provided by the Presbyterian Church of Victoria and the Uniting Church in Australia (Synod of Victoria) and to certain other public benevolent organisations and institutions; and

(b)appoints trustees of the Foundation.

It is intended that the property in the endowment fund be transferred to the trustees of The St Andrew's Foundation to be held and applied for charitable purposes.

The Parliament of Victoria therefore enacts as follows:

1.Purpose

The purpose of this Act is to provide for the transfer of certain charitable donations and bequests to the trustees of The St Andrew's Foundation.

2.Commencement

(1)This Act, except sections 5 and 6, comes into operation on the day on which this Act receives the Royal Assent.

(2)Subject to sub-section (3), sections 5 and 6 come into operation on a day to be proclaimed.

(3)If sections 5 and 6 do not come into operation before 1 June 1998, they come into operation on that day.

3.Definitions

In this Act—

"Board" means the Board of Management of St Andrew's Hospital;

"Foundation" means the public charitable trust fund known as The St Andrew's Foundation established under the trust deed;

"St Andrew's Hospital" means the body corporate established by the St Andrew's Hospital Act 1978 and includes the hospital formerly conducted and maintained at East Melbourne by that body corporate or by the Presbyterian Church of Victoria;

"trust deed" means the trust deed establishing The St Andrew's Foundation executed by the founders and initial trustees on 20 October 1997 and, if amended, means that trust deed as so amended and in force for the time being;

"trustees" means the initial trustees under the trust deed or any new trustees appointed under, and in accordance with, the trust deed;

"trust property" means the endowment fund held by the Board of Management of St Andrew's Hospital immediately before the commencement of this section and—

(a)a gift, disposition or trust of property made or declared, or deemed to have been made or declared; or

(b)a trust fund created—

before the commencement of this section (whether by deed, will or otherwise) to, or in favour of, or for the use of, or for carrying out the objects of, St Andrew's Hospital.

4.Board may transfer property to trustees

The Board may transfer to the trustees the whole or any part of the trust property to be held and applied in accordance with the trust deed.

5.Vesting of trust property in trustees

On the commencement of this section, any trust property not transferred to the trustees before that commencement vests in the trustees to be held and applied in accordance with the trust deed.

6.Gifts, trusts etc.

If—

(a)before, on or after the commencement of this section—

(i)a gift, disposition or trust of property has been or is made or declared or is deemed to have been made or declared; or

(ii)a trust fund has been or is created—

(whether by deed, will or otherwise) to, or in favour of, for the use of, or for the purposes of, St Andrew's Hospital; and

(b)the gift, disposition or trust takes effect, or may take effect, or the trust fund may be applied, on or after that commencement—

the gift, disposition, trust or trust fund does not fail only because of the provisions of this Act or because of the closing of the St Andrew's Hospital, but on and after that commencement—

(c)in the case of a gift, disposition or trust of property, takes effect as if made or declared to or in favour of the trustees to be held and applied in accordance with the trust deed; and

(d)in the case of a trust fund, may be applied, as if created in favour of the trustees, in accordance with the trust deed.

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ENDNOTES

1.     General Information

Minister's second reading speech—

Legislative Assembly: 30 October 1997

Legislative Council: 19 November 1997

The long title for the Bill for this Act was "A Bill to provide for the transfer of certain charitable donations and bequests to the trustees of The St Andrew's Foundation and for other purposes."

The St Andrew's Foundation Act 1997 was assented to on 2 December 1997 and came into operation as follows:

Sections 1–4 on 2 December 1997: s. 2(1); sections 5 and 6 on 23 April 1998: Government Gazette 23 April 1998 p. 880.

2.     Table of Amendments

There are no amendments made to the St Andrew's Foundation Act 1997 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication