Australian Imperial Force Canteens Funds Act 1920

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AUSTRALIAN IMPERIAL FORCE CANTEENS FUNDS.

 

No. 3 of 1920.

An Act to make provision for the administration and disposal of the Funds of Australian Imperial Force Canteens, and for other purposes.

[Assented to 18th May, 1920.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Australian Imperial Force Canteens Funds Act 1920.


Definitions.

2. In this Act, unless the contrary intention appears—

“soldiers” means persons who are or have been members of the Forces within the meaning of the War Pensions Act 1914, as amended by the War Pensions Act 1915;

“the Fund” means the Fund administered under this Act;

“the trustees” means the trustees for the time being of the Fund.

What the Fund shall consist of.

3. The Fund shall consist of—

(a) all surplus moneys of canteens established in connexion with the Australian Imperial Force, in the United Kingdom, France and Egypt and on troopships, and of canteens established for the use of Garrison Institutes in Australia; and

(b) any moneys which are transferred to the trustees and which the Minister by notice in the Gazette directs shall form part of the Fund.

Vesting of Fund.

4. The Fund shall be vested in and placed under the control of the trustees appointed by or under this Act.

Trustees of the Fund.

5.—(1.) The following persons, that is to say—

The President for the time being of the Returned Sailors and Soldiers Imperial League of Australia,

Mrs. Alfred Deakin, of Walsh-street, South Yarra, Victoria,

Nicholas Colston Lockyer, Esquire, C.B.E., I.S.O.,

The Honorable George Swinburne,

Major-General Sir Cyril Brudenell Bingham White, K.C.M.G., C.B., D.S.O.,

Percy Whitton, Esquire, I.S.O., and

Harold Percival Moorehead, Esquire, formerly a member of the Australian Imperial Force,

shall be the trustees of the Fund.

(2.) The trustees shall hold office during the pleasure of the Governor-General.

(3.) Nicholas Colston Lockyer, Esquire, shall be Chairman of the trustees.

(4.) If at any time a vacancy occurs in the office of trustee or of Chairman of the trustees, by resignation addressed to the Minister, or by absence, without leave, from any three consecutive meetings of the trustees convened during a period of six months, or by death, or other cause, the Governor-General may appoint another person to fill the vacancy so arising. Every such appointment shall be notified in the Gazette.

(5.) At any meeting of the trustees, three trustees shall form a quorum, and may exercise any of the powers and functions of the trustees.

(6.) At any meeting of the trustees at which the chairman is not present the trustees present shall appoint one of their number to be deputy chairman.


Duties of trustees.

6.—(1.) The trustees shall be charged with the duties of—

(a) receiving and considering applications from the widows and orphans, widowed mothers and other immediate dependents of deceased soldiers, and from seriously disabled soldiers, for assistance and benefits; and

(b) investing in securities of the Commonwealth or a State, or on fixed deposit or on current account in any bank incorporated or carrying on business in the Commonwealth, such part of the Fund as is not immediately required.

(2.) The trustees may, at any time when they think fit, realize any securities in which they have, in pursuance of this section, invested any part of the fund.

(3.) The trustees may grant to any applicant such assistance and benefits as they consider proper.

(4.) Any assistance and benefits granted in pursuance of this section, and all proper expenses of, and incidental to, the administration of the Fund, shall be a charge upon, and be payable out of, the Fund.

Advisory Committees.

7.—(1.) For the purposes of this Act there shall be for each State an Advisory Committee of not less than three members, one of whom shall be a woman.

(2.) Each Advisory Committee shall be appointed by the Minister on the recommendation of the Trustees.

(3.) The Trustees shall nominate one member of each Advisory Committee, and the member so nominated shall be the chairman of that Committee.

(4.) An Advisory Committee shall advise the Trustees on matters referred to it by the Trustees, and shall carry out such duties in relation to the granting of assistance and benefits under this Act as the Trustees direct.

Disposal of moneys not part of the fund.

8. The Minister may, by notice in the Gazette, authorize the trustees to administer and dispose of any moneys, transferred to the trustees, which do not form part of the fund and which are required to be applied for purposes specified in the notice, and, upon publication of the notice, the trustees shall apply the moneys for those purposes.

Annual Report.

9. The trustees shall forward to the Minister, for presentation to the Parliament, an annual report upon the receipts, expenditure and administration of any funds administered by the trustees.

Audit of accounts.

10.—(1.) All books and accounts kept by the trustees shall be audited, from time to time, by the Auditor-General of the Commonwealth.

(2.) A report of each audit shall be made to the Commonwealth Treasurer, who shall cause a copy of the report to be laid on the table of each House of the Parliament.

Regulations.

11. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which 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.

Overview

The Australian Imperial Force Canteens Funds Act 1920 was enacted to provide for the administration and disposal of funds from canteens established in connection with the Australian Imperial Force. This Act was introduced to address the need for a structured and legally binding framework to manage the financial resources generated by these canteens. Enacted by the Commonwealth Parliament, the policy objective of this Act is to ensure that the funds collected from the canteens are used effectively to support the welfare of soldiers, their widows, orphans, and other dependents. The Act establishes a fund to be overseen by appointed trustees who are responsible for the administration, investment, and distribution of the funds. The trustees are charged with considering applications for assistance from the dependents of deceased soldiers and those who are seriously disabled, and ensuring that the funds are invested prudently. The Act also provides for the establishment of Advisory Committees to advise the trustees and assist in the distribution of funds.

Scope and Application

The Australian Imperial Force Canteens Funds Act 1920 applies to the administration and disposal of funds associated with canteens established in connection with the Australian Imperial Force in various locations, including the United Kingdom, France, Egypt, and Australia, as well as on troopships. The Act specifically vests the Fund in trustees, who are charged with the responsibility of managing and distributing the funds to support the widows, orphans, widowed mothers, and other immediate dependents of deceased soldiers, as well as seriously disabled soldiers. The Act also mandates the establishment of Advisory Committees for each state to assist the trustees with their duties. These committees are appointed by the Minister on the recommendation of the trustees, with the trustees nominating one member who will serve as the committee's chairman. The Act applies nationally, governed by the Commonwealth, and allows for the creation of regulations by the Governor-General to facilitate its implementation.

Key Provisions

The Australian Imperial Force Canteens Funds Act 1920 establishes the framework for the administration and disposal of funds collected from canteens established for the Australian Imperial Force, both domestically and overseas, and for the use of Garrison Institutes in Australia. The Act vests these funds into what is referred to as "the Fund," which is administered by trustees appointed under the Act. The trustees have specific duties, which include receiving and considering applications from the widows, orphans, widowed mothers, and other immediate dependents of deceased soldiers, as well as from seriously disabled soldiers, for assistance and benefits (section 6(1)(a)). They are also responsible for investing the Fund in various securities and ensuring the prudent management of the funds (section 6(1)(b)). The trustees can grant assistance and benefits to applicants as they deem proper (section 6(3)) and are required to cover all administrative expenses from the Fund (section 6(4)). The Act imposes several obligations on the trustees, including the requirement to hold regular meetings, with a quorum of three trustees being sufficient to exercise their powers and functions (section 5(5)). They must also ensure that the Fund's books and accounts are audited regularly by the Auditor-General of the Commonwealth, with the audit reports tabled in Parliament (section 10(1)). Trustees must also forward an annual report on the Fund’s receipts, expenditure, and administration to the Minister for presentation to Parliament (section 9). Additionally, Advisory Committees for each state, appointed by the Minister on the recommendation of the trustees, are mandated to advise the trustees and carry out duties related to the granting of assistance and benefits (section 7). Breach of the provisions outlined in the Act can lead to both civil and criminal consequences, although the Act does not explicitly state the penalties for non-compliance. The trustees have a fiduciary duty to manage the Fund prudently and in accordance with the Act, and any failure to do so could potentially lead to legal action for mismanagement or breach of trust. Further, any misuse or misappropriation of funds could be subject to criminal prosecution under general laws pertaining to fraud and theft, which could result in significant fines and imprisonment. However, the Act itself does not specify maximum penalties for breaches of its provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.