The Limbless Soldiers Trust Act 1942 (Vic)
Version No. 001
The Limbless Soldiers Trust Act 1942
Act No. 4885/1942
Version incorporating amendments as at 15 August 2000
TABLE OF PROVISIONS
Section Page
1.Short title
2.Soldiers etc. losing limb in present or subsequent war to
benefit under deeds
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SCHEDULES
SCHEDULE 1
SCHEDULE 2
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 001
The Limbless Soldiers Trust Act 1942
Act No. 4885/1942
Version incorporating amendments as at 15 August 2000
An Act to vary the Objects of certain Trusts declared in two Trust Deeds relating to Funds raised for the Benefit of Limbless Soldiers in Victoria, and for other purposes.
Preamble
WHEREAS by a Trust Deed dated the fourteenth day of October One thousand nine hundred and twenty-nine a copy of which is set out in the First Schedule to this Act certain persons named therein declared that they held a Fund called the "Melba Trust Fund" (then amounting to Ten thousand and twenty eight pounds fifteen shillings and four pence) upon the trusts and for the purposes expressed in the said Deed namely to grant and administer relief to Limbless Soldiers (as defined therein) and their dependants:
AND WHEREAS by a Trust Deed dated the twenty-third day of January One thousand nine hundred and thirty-four a copy of which is set out in the Second Schedule to this Act certain persons named therein declared that they held a Fund called "The Victorian Limbless Soldiers Provident Fund" upon the trusts and for the purposes expressed in the said Deed for the benefit of Limbless Soldiers as therein defined:
AND WHEREAS doubts have arisen as to whether the expression "Limbless Soldier" as defined in both the said Deeds means and includes only certain soldiers therein described who suffered the loss of a limb as a direct result of injuries sustained in war service during the war of 1914–1918 now known as The Great War:
AND WHEREAS the Trustees of both the said Funds desire to make the benefit of the respective Funds available to soldiers sailors and airmen who have suffered or suffer the loss of a limb during the present or any subsequent war:
BE IT THEREFORE ENACTED by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title
This Act may be cited as The Limbless Soldiers Trust Act 1942.
2.Soldiers etc. losing limb in present or subsequent war to benefit under deeds
(1)All the property now or hereafter vested in the respective trustees from time to time of the hereinbefore recited trust deeds shall be held by such trustees upon the like trusts as are therein declared for the benefit or relief of—
(a)limbless soldiers as defined therein; and
(b)any soldier sailor or airman who during the present war or any subsequent war has served or serves in any of the armed forces of Great Britain or of any of His Majesty's dominions colonies or dependencies or of any ally of Great Britain and who has suffered or suffers the loss of a limb by amputation or otherwise as the direct result of injuries sustained while so serving and who at the time of suffering such loss was or is domiciled in Victoria or who after suffering such loss acquires a Victorian domicile and holds that domicile for a period of twelve months after acquiring the same.
(2)The provisions of the trust deeds copies of which are set out in the Schedules to this Act shall with such adaptations as are necessary be applicable as if the persons described in the last preceding sub-section and (where and to the extent that the case requires) their dependants were described in the said trust deeds as beneficiaries of the trusts thereby created.
(3)Nothing in this Act contained shall alter or affect the amount the method of disposal or the destination of any sum which immediately before the commencement of this Act stood in the books of the hereinbefore recited "The Victorian Limbless Soldiers Provident Fund" to the credit of any limbless soldier.
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SCHEDULES
FIRST SCHEDULE
KNOW ALL MEN BY THESE PRESENTS that:
WHEREAS by a resolution of a Meeting of the Trustees of the Dame Nellie Melba Appeal Fund held at the Melbourne Town Hall on the tenth day of February 1925 it was resolved (inter alia) that the sum of Ten thousand and twenty-eight pounds fifteen shillings and four pence (hereinafter referred to as the Melba Trust Fund) be allocated to the Limbless Soldiers' Association of Victoria (hereinafter called the Association) to be used in the repatriation of Limbless Soldiers upon such terms and conditions as the said Association might deem fit and proper:
AND WHEREAS pursuant to such allocation the Association delegated to a Committee constituted and known as the Welfare Committee of the Limbless Soldiers' Association of Victoria (hereinafter called the Welfare Committee) (then consisting of Senator Guthrie, Messrs. Charles Hutton (Chairman), Kane, Brodie, Groom, Grout, Bagenal and Mesdames Deakin, Evans, McKirdy, Owens, and Rawson) the powers and duties devolving upon it by virtue thereof:
AND WHEREAS at a meeting of the said Welfare Committee held at Melbourne on the Third day of March 1925 it was resolved to appoint from time to time two members of the Welfare Committee to administer the Melba Trust Fund:
AND WHEREAS it is desirous that the terms and conditions upon which the Trust Fund should be administered should be more fully ascertained:
AND WHEREAS the said Welfare Committee now consists of the following members Messrs. Charles Hutton, William Groom, Albert Edward Kane, Beauchamp Walter Bagenal, Malcolm M. Brodie, J. Frank Guthrie, Herbert John Thomas and Mesdames Pattie Deakin, Vera Deakin White, Rose Smibert, Lucy Dodds.
NOW THESE PRESENTS WITNESS and the Trustees hereinafter defined for themselves do severally and respectively declare with the consent of the Association testified by its execution hereof that the Melba Trust Fund is held by them as such Trustees upon the trusts and to and for the ends intents and purposes in these presents expressed and declared concerning the same that is to say:
1.The present members hereinbefore named of the Welfare Committee shall with the addition to their number of the President for the time being of the Association and the Secretary for the time being of the Association and of one member of the Association elected by the Committee of the Association be the Trustees of the Melba Trust Fund (hereinafter called the Trustees and which expression shall where the context permits mean and include the Trustees hereof whether original or substituted). The Committee of the Association shall have power to remove any one or more of such persons elected by it as aforesaid and to appoint another or others in their stead and to fill the place of any such person so elected who shall resign or die or otherwise vacate office. In the event of any other member of the Welfare Committee dying or resigning therefrom or otherwise vacating office as hereinafter mentioned the Welfare Committee may recommend any other person or persons for the vacant position and the Committee of the Association may if it thinks fit approve of such recommendation in which case such approved person shall as from the date of such approval be and become a member of the Welfare Committee. The total number of members of the Welfare Committee shall not be less than five nor more than twelve exclusive of representatives of the Association. The continuing trustees may act notwithstanding any vacancy in their numbers so long as their number is not reduced below the minimum number so fixed as aforesaid.
1A.The Secretary for the time being of the Association may act as Secretary of the Melba Trust Fund and of the Welfare Committee and shall carry out all secretarial work during the will of the Committee including the summoning of all meetings by posting or delivering notices of the same to all persons entitled thereto.
2.All acts done by the trustees or the sub-Committee hereinafter mentioned or by any person acting as a trustee shall notwithstanding that it be afterwards discovered that there was some defect in the appointment of such trustee or person acting as aforesaid be as valid as if every such person had been duly appointed as a trustee.
3.A quorum of the trustees shall be five and in the event of the trustees not being unanimous a decision of the majority present shall bind all the trustees and the acts of such majority in the execution of the powers and trusts hereby given to and reposed in the trustees shall be as valid as if they had acted unanimously in such matter.
4.The object of the Trust shall be to grant and administer relief to Limbless Soldiers and/or the dependants of such Limbless Soldiers whether by way of grant or loan to the extent hereinafter provided.
5.All applications for relief shall be made in the form prescribed by the Trustees who shall be at liberty to grant or reject the same and save as hereinafter appears any terms as to security or non-security interest (not exceeding 5 per centum per annum) or no interest or otherwise howsoever shall be a matter for the sole and absolute discretion of the Trustees. No liability shall attach to the Trustees by reason of any grant or loan bona fide made by them should the security (if any) prove insufficient to cover the amount of indebtedness of the grantee.
6.Relief shall be divided into three classes and in each case shall take the form of any one or more of the following classes of relief—
class (a) a grant of money or its equivalent in goods. A grant of money shall only be made in urgent and distressing cases and shall not exceed the sum of One hundred dollars or
class (b) a loan not exceeding the sum of Three hundred dollars or
class (c) a loan exceeding Three hundred dollars but not exceeding One thousand two hundred and fifty dollars and with interest at a rate not being less than one per centum per annum as the Trustees in their discretion deem expedient.
7.The Trustees may appoint a sub-committee consisting of three of their number including one trustee who shall be one of the three representatives of the Association referred to in Clause one hereof for the purpose of dealing with the affairs of the Trust requiring from time to time immediate attention but such sub-committee shall have no power to deal with any application under class (c) as hereinbefore mentioned.
8.All sums of money being part of the Melba Trust Fund not needed for immediate working and relief purposes shall at the discretion of the Trustees be invested from time to time in any one or more of the following ways:
In any investments authorized by the Trust Acts of the State of Victoria for the investment of trust funds, on first mortgage for a term not exceeding five years, on current account in the State Savings Bank of Victoria and/or the Savings Bank Department of the Commonwealth Bank or in any other Bank or on fixed deposit with any such Banks for a term not exceeding twelve months.
9.The Trustees shall appoint three of their number one of whom shall be President for the time being of the Association to sign all deeds documents cheques and other instruments in their own names and to give valid and effectual receipts and discharges for money received.
10.The Trustees shall be at liberty from time to time to make alter or rescind any rules and regulations not being inconsistent with this deed for the administration of the Trust Fund and the terms and conditions upon which the Melba Trust Fund shall be dealt with and as to the regulations of their meetings proceedings and affairs generally but the same shall have no force or effect until submitted to the Committee of the Association and approved by such Committee.
11.A monthly report of the affairs of the Melba Trust Fund may be furnished to the Executive Committee by one of its representatives on the Trust Committee and the President for the time being of the Association the Secretary for the time being of the Association and one member appointed by the Executive committee of the Association may have access to the Minute Book and any other books of the Trustees with reference to the affairs of the Trust and the administration thereof and take extracts therefrom.
12.Any notice to be given to the Association or the committee thereof may be so given by sending it by post addressed to the secretary of the Association at the Office for the time being of the Association and any notice to be given by the Association or the Committee thereof to the Trustees may be so given by sending it by post addressed to the chairman or Secretary of the Trustees at his or her last known place of abode or business or (if there be no Chairman or Secretary) to any Trustee at his or her last known place of abode or business. Service of any such notice if sent by post shall be deemed to be effected by properly addressing prepaying and posting a letter containing the notice and unless the contrary is proved to have been effected at the time at which the letter would be delivered in the ordinary course of post.
13.IN THESE PRESENTS:
(a) Limbless Soldier shall mean any soldier who served in any naval or military force fighting for the Allies in any part of the world whatsoever in the late war or any soldier who served in the forces of Great Britain its dominions colonies or dependencies in any other war and whose disabilities are a direct result of injuries sustained while on such service and who has suffered the loss of a limb or limbs by amputation or otherwise provided that such limbless soldier is a bona fide resident of Victoria.
(b) Dependants shall mean and include such of them the wife widow children and parents of a Limbless Soldier as the Trustees shall consider are or were actually whether wholly or in part dependent on such Limbless Soldier.
IN WITNESS whereof the Trustees and the President Committee and Secretary of the Limbless Soldiers' Association of Victoria have hereunto set their hands and seals the fourteenth day of October, One thousand nine hundred and twenty-nine.
SIGNED SEALED AND DELIVERED by the said PRESIDENT, COMMITTEE and SECRETARY of the Limbless Soldiers' Association of Victoria in the presence of:
H. J. Thoms, J.P.
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E. BROWNHILL
C. R. LARAGHY
R. S. AMIES
W. Groom, J.P.
SIGNED SEALED AND
DELIVERED by the said Trustees in the presence of:H. J. Thoms, J.P.
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CHARLES HUTTON
A. E. KANE
W. GROOM, J. P._______________
SECOND SCHEDULE
THIS INDENTURE made the twenty-third day of January One thousand nine hundred and thirty-four Between the Lord Mayor for the time being of the City of Melbourne (hereinafter called "the Lord Mayor") of the first part and SIR WILLIAM BRUNTON of 304 Glenferrie Road Malvern Knight Bachelor, JAMES FRANK GUTHRIE of Geelong Senator, CHARLES HUTTON, of "Wanstead," 785 Punt Road, South Yarra Gentleman, THOMAS ALBERT BLAMEY of 3 Winifred Crescent, Toorak a Major-General in the Commonwealth Military Forces and the Chief Commission of Police, EDWARD BROWNHILL of 41 Howe Crescent Albert Park Clerk, REGINALD SAMUEL AMIES of 15 Pratt Street Moonee Ponds Clerk, SAMUEL LEWIS CRAWCOUR of 5 Fitzgibbon Crescent Caulfield Accountant, GEORGE WILLIAM CRITTLE of 17 Dalmore Avenue Ormond Clerk and EDWARD WILLIAM FRANCIS LOWE of 32 Willansby Avenue North Brighton Commissionaire of the second part:
WHEREAS a fund called "The Victorian Limbless Soldiers' Provident Fund" (hereinafter referred to as "The Provident Fund") has been established for the purpose of assisting limbless soldiers in manner hereinafter appearing:
AND WHEREAS the moneys and securities for the time being constituting the Provident Fund are held by the Lord Mayor:
AND WHEREAS the Lord Mayor is desirous of transferring such moneys and securities to the parties hereto of the second part who have consented to act as trustees for the purposes of this Indenture and they are desirous of providing for the future application of the Provident Fund and all additions which may hereafter be made thereto in manner hereinafter appearing.
NOW THIS INDENTURE WITNESSETH that for effectuating the said desire and in consideration of the premises it is hereby agreed and declared as follows:
1.The parties hereto of the second part so long as they shall respectively remain trustees of this deed and all persons hereafter becoming trustees in succession to them (all of whom are hereinafter included in the expression "the Trustees") shall hold the moneys and securities representing the Provident Fund and all sums of money hereafter given or bequeathed for the purposes of this deed and all investments at any time representing the same or any part thereof (all of which are hereinafter included in the expression "The Provident Fund") and all income arising therefrom upon trust to pay and apply the same in accordance with the provisions and directions hereinafter contained.
2.(a) The trustees shall on or before the 31st day of December 1933 open or cause to be opened in the books of the Provident Fund an account for each Limbless Soldier as defined in clause 2(e)(1) provided he shall be resident in Victoria on that date and shall credit to each such account a sum which shall bear towards the realization value of the Provident Fund on the 30th day of September, 1933 (subject however to the provisions of clause 2(j) and (k) hereof) the same proportion as one bears towards the number of Limbless Soldiers as defined in clause 2(e)(1) resident in Victoria on the 31st day of July, 1932, and shall on every 30th day of September thereafter during the continuance of the trust hereby created credit to the account of each limbless soldier as defined in clause 2(e) then resident in Victoria known to them then entitled to participate in such Fund a sum proportioned in like manner as aforesaid on the basis of the then number of such Limbless Soldiers then entitled to participate as aforesaid all moneys (including interest) and securities at their then realization value received by the trustees since the preceding 30th day of September (subject however to the provisions of clause 2(j) and (k) hereof):
PROVIDED however that the trustees may if they think fit at any time or from time to time revalue any such securities at their then realization value and make any alterations (subject however to the provisions of clause 2(j) and (k) hereof) to any such accounts occasioned by any such revaluation. An account shall remain current during the life time of such Limbless Soldier.
(b) Any Limbless Soldier in whose name an account stands in the books of the Provident Fund who has attained or shall attain the age of fifty-five years shall on the 31st day of December immediately following such event (but not before the 31st day of December 1933) be entitled to withdraw the amount standing to his credit in the books of the Provident Fund at the rate of not more than Ten shillings per week and payable at such periods and in such manner as the Trustees shall from time to time decide.
(c) Should any Limbless Soldier in whose name an account stands in the books of the Provident Fund die after the 31st day of July 1932 and before or after attaining the age of fifty-five years the amount standing to his credit on the 30th day of September 1933 should he have died before that date or at the date of his death should he have died after the 30th day of September 1933 and no more shall be paid to his executors or administrators as soon as practicable after production to the trustees of Probate of his Will or Letters of Administration of his estate.
(d) Should Probate of the Will or Letters of Administration of the Estate of a deceased Limbless Soldier in whose name an account stands in the books of the Provident Fund be not produced to the Trustees within three years of the death of such Limbless Soldier then upon proof to the satisfaction of the Trustees of the death of such Limbless Soldier being obtained all amounts so standing to the credit of such deceased Limbless Soldier shall be dealt with by the Trustees as if they were interest received by the Trustees as aforesaid.
(e) The expression "Limbless Soldier" shall where the context permits mean and include any soldier who served in any naval or military forces fighting for the allies in any part of the world whatsoever in the late war (1914–1918) or any soldier who served in any British Force in any other war and who has suffered the loss of a limb or limbs by amputation or otherwise as a direct result of injuries sustained on war service.
(1)PROVIDED such soldier shall have suffered such amputation before the thirty-first day of July One thousand nine hundred and thirty-two and shall be domiciled in Victoria on that date, or
(2)PROVIDED such soldier shall have suffered such amputation before the Thirty-first day of July One thousand nine hundred and thirty-two and not being domiciled in Victoria on that date shall have acquired a Victorian domicile after that date and shall have held such Victorian domicile for a period of twelve calendar months after acquiring the same, or
(3)PROVIDED such soldier shall have suffered such amputation after the Thirty-first day of July One thousand nine hundred and thirty-two and shall be domiciled in Victoria on the date of such amputation and shall have held such Victorian domicile for a period of twelve calendar months after acquiring the same, or
(4)PROVIDED such soldier shall have suffered such amputation after the Thirty-first day of July One thousand nine hundred and thirty-two and not being domiciled in Victoria on the date of such amputation shall have acquired a Victorian domicile after the date of such amputation and shall have held such Victorian domicile for a period of twelve calendar months after acquiring the same.
(f) The Secretary of the Limbless Soldiers Association of Victoria shall furnish to the Trustees as soon as possibly may be a list of Limbless Soldiers believed by him to have been domiciled in Victoria on the Thirty-first day of July One thousand nine hundred and thirty-two so far as can be ascertained by such secretary and the persons named in such list if alive on the Thirty-first day of July One thousand nine hundred and thirty-two shall (subject to the provisions of clause 2(g) hereof) be deemed to be Limbless Soldiers as defined in clause 2(e)(1) hereof. Such Secretary shall from time to time also furnish to the Trustees as soon as possibly may be a list of Limbless Soldiers believed by him to be Limbless Soldiers within the meaning of clause 2(e)(2), 2(e)(3) and 2(e)(4).
(g) Should the Trustees be satisfied at any time or times hereinafter that any person in whose name no account appears in the books of the Provident Fund is a Limbless Soldier as defined in clause 2(e) and whose name should have been included in one of the lists referred to in clause 2(f) hereof then the Trustees shall open an account in such books in the name of such person and he shall (in addition to any rights given him by clause 2(k) hereof) be entitled to participate in all moneys (including interest) and securities received by the Trustees since the Thirtieth day of September preceding the opening of such account in the name of such lastmentioned person. Should the Trustees be satisfied at any time or times hereafter that any person whose name appears in the said books is not entitled to participate in the Provident Fund the Trustees shall remove such name from such books. The Trustees shall have power to make any alterations to any and all accounts appearing in the said books by reason of any alterations or additions made under the foregoing provisions.
(h) Subject as aforesaid the Trustees shall be the only persons entitled to decide whether a person is a Limbless Soldier as hereinbefore defined or not and as to where he is domiciled and as to where he resides and to make any decisions under this indenture.
(i) Notwithstanding anything hereinbefore contained no Limbless Soldier his executors or administrators shall have any claim against the Provident Fund or the Trustees thereof after he shall have been paid in full all moneys standing to his credit in the books of the Provident Fund at the date of such payment nor shall the Trustees have any claims against a Limbless Soldier in respect of any amounts which may be found to have been overpaid to him unless it can be shown that any such over payments were induced by the fraud or misrepresentation of such Limbless Soldier.
(j) Notwithstanding anything hereinbefore contained the Trustees shall have power from time to time to set aside and hold such moneys as they shall consider reasonably necessary for the purposes of Clauses 3 and 4 hereinafter contained and any such moneys so held and set aside shall not be taken into account in making any credits under clauses 2(a) and 2(g) hereof.
(k) Notwithstanding anything hereinbefore contained the Trustees shall set aside and hold (with power to invest the same) the sum of Two hundred and fifty pounds for the purposes and subject to the powers in this Sub-Clause mentioned. Should the trustees be satisfied before the Thirtieth day of September One thousand nine hundred and thirty-five that any Limbless Soldier as defined in Clause 2(e)(1) hereof who was resident in Victoria on the Thirty-first day of July One thousand nine hundred and thirty-two and whose name should have been but was not included in the first list referred to in Clause 2(g) hereof then the Trustees shall credit to the account which they will open under Clause 2(g) hereof the same amount as they shall have credited to each Limbless Soldier whose name is included in the first list referred to in Clause 2(g) hereof and any balance remaining on the Thirtieth day of September One thousand nine hundred and thirty-five of the said sum of Two hundred and fifty pounds shall on the last mentioned date be dealt with by the Trustees as if it were income received since the Thirtieth day of September One thousand nine hundred and thirty-four.
3.The Trustees may from time to time appoint at any salary and upon any terms they may think proper and at any time dismiss a secretary or clerk or any other official whom they may think necessary or desirable for the purpose of carrying out the trusts and powers of this deed and may at any time employ an actuary or other professional person to advise them on any point arising in connexion with the said trusts and powers and all salaries and fees requiring to be paid to any person or persons appointed or employed under this Clause shall be paid by the Trustees out of the capital or income of the Provident Fund.
4.All other costs charges and expenses of and incidental to the administration of the Provident Fund may be defrayed out of the Provident Fund.
5.The Trustees shall from time to time invest in their names any part of the capital or income of the trust fund which the Trustees shall direct in such investments (being investments authorized by law for the investment of Trust Funds) as the Trustees shall prescribe or may if they think fit place the same or any part or parts thereof on deposit or current account in the names of the Trustees at any Bank and shall if as and when the Trustees shall think fit sell or realize any of such investments and obtain payment of any moneys so deposited as aforesaid.
6.If any Trustee shall be adjudged bankrupt or assign his Estate for the benefit of his creditors or compound with his creditors or become of unsound mind or is convicted of felony or any misdemeanour punishable by law or fail for twelve calendar months to attend any meeting of the Trustees (unless before the expiration of such period he shall have been granted leave of absence by the trustees or unless before the expiration of such period he shall have given to the trustees an explanation of his absence which explanation shall be accepted by the trustees as satisfactory) he shall cease to be a trustee and shall be deemed to have retired and shall be ineligible for future appointment and any vacancy in the Trustees caused thereby or by the death retirement or resignation of any Trustee shall be forthwith filled up by the Trustees and in filling up any such vacancy the Trustees shall where the Vacancy is caused by the death or retirement of a Trustee who is a Limbless Soldier appoint another Limbless Soldier to the vacant position if some Limbless Soldier can be found willing to act. Any Trustee may resign his office. The Trustees shall have power to appoint additional Trustees but at no time shall the number of Trustees acting be less than three nor more than nine. The continuing trustees may act notwithstanding any vacancy in their numbers so long as their number is not reduced below the minimum number so fixed as above. Upon any appointment of a new trustee or new trustees all moneys or investments representing the capital or income of the Provident Fund (as aforesaid) shall be paid or transferred to such new Trustee or Trustees jointly with the other trustees or trustee of this deed for the time being and all acts deeds and things necessary for such purposes shall be done and executed and all costs of and incidental thereto shall be paid by the Trustees out of the capital or income of the Provident Fund. All acts done by the Trustees or by any person acting as a trustee shall notwithstanding that it be afterwards discovered that there was some defect in the appointment of such trustee or person acting as trustee be as valid as if every such person had been duly appointed a trustee.
7.Within two months from the Thirtieth day of November One thousand nine hundred and thirty-three a meeting of the Trustees shall be held upon the summons of the Secretary of the Limbless Soldiers' Association of Victoria upon some day hour and place to be fixed by him at which meeting the Trustees shall elect a Chairman and Secretary and make arrangements for the conduct of their business. The Trustees shall thereafter hold at least two ordinary meetings in each year one of which shall be held within one calendar month after the Thirtieth day of September in each year for the purposes mentioned in Clause 2 hereof. Notice in writing of each meeting shall be sent to each Trustee by the Secretary of the said Association in the case of the first meeting and by the Secretary to the Trustees in the case of all subsequent meetings. The accidental omission to give any such notice or the non-receipt thereof by any Trustee shall not invalidate any proceedings of a meeting at which a quorum is present.
8.Every question at a meeting shall be determined by the Trustees present and voting on the question and in the event of the Trustees not being unanimous (whether at an ordinary or special meeting of the Trustees) a decision by a two-thirds majority of such trustees as are present and vote at such meeting shall bind all the trustees and shall be as valid and effectual as if all the trustees had acted unanimously in such matter. Any resolution of the trustees may be rescinded or varied at a special meeting held after not less than seven days notice.
9.There shall be quorum when three Trustees are present at a meeting. If at the time appointed for a meeting a sufficient number of Trustees to form a quorum are not present or if at any meeting the business is not completed the Trustees present may adjourn the meeting to a day and time of which if the meeting is adjourned for more than two days notice shall forthwith be delivered or sent by post to each trustee.
10.A minute book shall be provided and kept by the Trustees and minutes of the entry into office of every new Trustee and of all proceedings of the Trustees shall be entered in such minute book.
11.The Auditor or Auditors of the Limbless Soldiers' Association of Victoria shall audit the books of the Trustees but if there be no such Auditor or Auditors the Trustees shall appoint an Auditor or Auditors for the purpose. The balance-sheet of the Trustees and their report must be supplied to the Limbless Soldiers' Association of Victoria not later than the Fifteenth day of December in each year.
12.All cheques drawn by the Trustees must be signed by at least two of the Trustees and the Secretary to the Trustees.
13.The Trustees shall have full power at any time to make alter or rescind any regulations which they may think fit with reference to all or any of the matters aforesaid as to which any duties or powers are vested in them provided however that such regulations shall not be inconsistent with or repugnant to any of the provisions of this Indenture.
14.The Trustees shall as soon as possibly may be forward to the Limbless Soldiers' Associations established in the other States a list in duplicate of all Limbless Soldiers entitled to participate in the Provident Fund and shall yearly forward as aforesaid a notice of any alterations or additions made to such list.
15.Should any Limbless Soldier leave Victoria with intent to reside in and/or acquire a domicil in another State or Country the Trustees shall on the written request of such Limbless Soldier have power to pay all moneys then standing to his credit in the Books of the Provident Fund to some organization in such other State or Country which powers and objects altogether or in part similar to those hereinbefore contained and upon any such payment being made such Limbless Soldier shall absolutely forfeit all future interest in the Provident Fund unless and until he shall again acquire a Victorian domicil and again reside in Victoria.
16.All books of the Provident Fund shall at all reasonable times be open for the inspection of the President of the Limbless Soldiers' Association of Victoria or of any other person or persons from time to time appointed by him.
IN WITNESS whereof the parties hereto have hereunto set their hands and seals the day and year first hereinbefore written.
SIGNED SEALED AND DELIVERED by the said LORD MAYOR for the time being of the City of Melbourne in the presence of:
(Sgd.) C. R. Laraghy.
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þ(Sgd.) H. GENGOULT SMITH (L.S.)
SIGNED SEALED AND DELIVERED by the said
SIR WILLIAM BRUNTON in the presence of:(Sgd.) C. R. Laraghy.
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þ(Sgd.) W. BRUNTON (L.S.)
SIGNED SEALED AND DELIVERED by the said JAMES FRANK GUTHRIE in the presence of:
(Sgd.) C. R. Laraghy.
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þ(Sgd.) J. F. GUTHRIE (L.S.)
SIGNED SEALED AND DELIVERED by the said CHARLES HUTTON in the presence of:
(Sgd.) C. R. Laraghy.
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þ(Sgd.) CHARLES HUTTON (L.S.)
SIGNED SEALED AND DELIVERED by the said THOMAS ALBERT BLAMEY in the presence of:
(Sgd.) C. R. Laraghy.
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þ(Sgd.) T. A. BLAMEY (L.S.)
SIGNED SEALED AND DELIVERED by the said EDWARD BROWNHILL in the presence of:
(Sgd.) C. R. Laraghy.
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þ(Sgd.) E. BROWNHILL (L.S.)
SIGNED SEALED AND DELIVERED by the said REGINALD SAMUEL AMIES in the presence of:
(Sgd.) C. R. Laraghy.
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þ(Sgd.) R. S. AMIES (L.S.)
SIGNED SEALED AND DELIVERED by the said SAMUEL LEWIS CRAWCOUR in the presence of:
(Sgd.) C. R. Laraghy.
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þ(Sgd.) S. CRAWCOUR (L.S.)
SIGNED SEALED AND DELIVERED by the said GEORGE WILLIAM CRITTLE in the presence of:
(Sgd.) C. R. Laraghy.
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þ(Sgd.) G. W. CRITTLE (L.S.)
SIGNED SEALED AND DELIVERED by the said EDWARD WILLIAM FRANCIS LOWE in the presence of:
(Sgd.) C. R. Laraghy.
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þ(Sgd.) E. W. LOWE (L.S.)
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ENDNOTES
1. General Information
The Limbless Soldiers Trust Act 1942 was assented to on 31 August 1942 and came into operation on 31 August 1942.
2. Table of Amendments
This Version incorporates amendments made to The Limbless Soldiers Trust Act 1942 by Acts and subordinate instruments.
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Melba Trust Fund Act 1973, No. 8393/1973
Assent Date: 10.4.73 Commencement Date: 10.4.73 Current State: All of Act in operation
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3. Explanatory Details
No entries at date of publication.
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