Temple Society Trust Fund Act 1949 (Cth)

TEMPLE SOCIETY TRUST FUND ACT 1949
- Reprinted as at 31 July 1983 (#DATE 31:07:1983)

*1* The Temple Society Trust Fund Act 1949 as shown in this reprint comprises Act No. 69, 1949 amended as indicated in the Tables below.

(The citation "Temple Society Trust Fund Act 1949" is provided for by the
Amendments Incorporation Act 1905 and the Acts Citation Act 1976.)
Table of Acts
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Temple Society
Trust Fund Act 1949 69, 1949 28 Oct
1949 28 Oct 1949
Temple Society
Trust Fund Act 1965 112, 1965 18 Dec
1965 28 Oct 1949 -
Administrative
Changes
(Consequential
Provisions) Act
1976 91, 1976 20 Sept
1976 20 Sept 1976 (a) S. 4
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June
1978 12 June 1978 S. 8
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(a) By virtue of sub-section 2 (7) of the Administrative Changes (Consequential Provisions) Act 1976 the amendment made by that Act to the Temple Society Trust Fund Act 1949 is deemed to have come into operation on 22 December 1975.
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
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Provision affected How affected
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TEMPLE SOCIETY TRUST FUND ACT 1949 - TABLE OF PROVISIONS 
TABLE

                             TABLE  OF  PROVISIONS

Section

  1.       Short title

  2.       Commencement

  3.       Interpretation

  4.       Temple Society Trust Fund

  5.       Advisory Committee

  6.       Application of moneys in Fund

  7.       Exemption from liability

  8.       Regulations

TEMPLE SOCIETY TRUST FUND ACT 1949 - LONG TITLE 
SECT

An Act to establish a Trust Fund of certain Moneys received by the Government
of the Commonwealth from the Government of the United Kingdom, being Moneys
representing Proceeds of the Realization of Assets of the Temple Society, of
Members of that Society and of certain other persons, and to provide for the
Administration and Application of the Fund

TEMPLE SOCIETY TRUST FUND ACT 1949 - PREAMBLE 
Preamble 
SECT

WHEREAS certain members of the communal body called the Temple Society
(formerly of Palestine, the members of which are generally known as Templars)
have immigrated to Australia:
  AND WHEREAS moneys representing proceeds of the realization of assets of
that Society, of members of that Society and of certain other persons who
owned property in Palestine have, under arrangements made for the immigration
to Australia of members of that Society, been paid to the Government of the
Commonwealth by the Government of the United Kingdom and it is expected that
other like moneys will be paid to the Government of the Commonwealth:
  AND WHEREAS it is desirable to make provision for the application of those
moneys:
  BE it therefore enacted by the King's Most Excellent Majesty, the State and
the House of Representives, of the Commonwealth of Australia, as follows:

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Temple Society Trust Fund Act 1949.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT 3 
Interpretation 
SECT

  3. In this Act, unless the contrary intention appears-

  "the Fund" means the Temple Society Trust Fund established by this Act;

         "the Society" means the Temple Society, formerly of Palestine, the

       members of which are generally known as Templars.

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT 4 
Temple Society Trust Fund 
SECT

  4. (1) There shall be a Temple Society Trust Fund, which shall be
administered by the Minister in accordance with this Act.
  (2) There shall be paid to the Fund such amounts as have been or are
received by the Government of the Commonwealth from the Government of the
United Kingdom or otherwise, being-

  (a)  moneys representing proceeds of the realization of, or compensation in

       respect of the expropriation of, assets of the Society, of members of
the 

       Society or of other persons who owned property in Palestine or Israel;

       or

         (b)  interest on moneys referred to in the last preceding paragraph.

  (3) The Temple Society Trust Fund shall form part of the Trust Fund referred
to in section sixty of the Audit Act 1901-1948, and the provisions of that Act
relating to the Trust Fund shall extend to that portion of the Trust Fund
which comprises the Temple Society Trust Fund.
  (4) The income received from the investment of any portion of the Fund shall
be paid to and form part of the Fund.

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT 5 
Advisory Committee 
SECT

  5. (1) There shall be an Advisory Committee consisting of-

  (a)  a representative of the Department of Immigration and Ethnic Affairs;

         (b)  a representative of the Department of Finance; and

         (c)  a representative of the Attorney-General's Department,

       to advise the Minister with respect to the application of the moneys

standing to the credit of the Fund.
  (2) The members of the Advisory Committee shall be appointed by the
Minister.

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT 6 
Application of moneys in Fund 
SECT

  6. (1) The moneys standing to the credit of the Fund may be applied by the
Minister-

  (a)  in making payments, on such terms and conditions as the Minister
thinks

       fit, to, or for the benefit of, persons referred to in paragraph (a)
of

       sub-section (2) of section four of this Act, whether those persons are
in 

       or outside Australia;

         (b)  in making, on such terms and conditions as the Minister thinks

       fit, such other payments to persons in or outside Australia as the

       Minister considers to be just having regard to-

             (i)  the considerations set out in the Preamble to this Act;

        (ii)  the former ownership of assets in relation to which moneys have

   been received by the Fund; and

        (iii)  any relevant agreement under which moneys paid to the Fund
were

   or are paid to the Government of the Commonwealth; or

     (c)  in meeting expenses incurred by the Commonwealth in connexion with,
or 

       as incidental to-

             (i)  the administration of the Fund;

        (ii)  negotiations for the payment of moneys to the Government of the

   Commonwealth for payment into the Fund; or

        (iii)  the immigration to Australia of, or the rehabilitation of,

   persons to whom, or for whose benefit, a payment has been or may be made
out

   of the Fund.

  (2) Where the Minister is satisfied that there is no person in Australia who
is justly entitled to any moneys forming part of the Fund, those moneys may be
refunded to the Government from which, or the person from whom, they were
received.

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT 7 
Exemption from liability 
SECT

  7. The Commonwealth or the Minister shall not be subject to any liability in
connexion with anything done or omitted to be done in relation to the Fund or
in relation to any payment of money in pursuance of this Act.

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT 8 
Regulations 
SECT

  8. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which by this Act are required or permitted to be
prescribed, or which are necessary or convenient to be prescribed for carrying
out or giving effect to this Act.