Royal Australian Navy Relief Trust Fund Regulations
Statutory Rules 1951 No. 54 as amended
made under the
Services Trust Funds Act 1947
This compilation was prepared on 27 August 2004
taking into account amendments up to SR 1992 No. 54
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Citation [see Note 1]
2 Interpretation
4 Meetings of trustees
5 Quorum
6 Chairman to preside at meetings
7 Voting
8 Secretary
9 Rules
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Royal Australian Navy Relief Trust Fund Regulations.
2 Interpretation
In these Regulations, unless the contrary intention appears:
Chairman means the Chairman of trustees.
the Fund means the Royal Australian Navy Relief Trust Fund established under the Services Trust Funds Act 1947-1950.
trustees means the trustees for the time being of the Fund.
4 Meetings of trustees
A meeting of the trustees may be convened by the Chairman as often as he considers necessary and in any event shall be convened at intervals of not more than three months.
5 Quorum
At a meeting of the trustees, a majority of the trustees shall form a quorum and may exercise and perform all or any of the powers, functions and duties of the trustees.
6 Chairman to preside at meetings
(1) The Chairman shall preside at all meetings of the trustees at which he is present, and, in the event of the absence of the Chairman from any meeting, the trustees present shall appoint one of their number to preside at that meeting.
(2) Where one of the trustees presides at any meeting of the trustees in the absence of the Chairman, he shall have and may exercise and perform at that meeting all the powers functions and duties of the Chairman.
7 Voting
(1) At any meeting of the trustees, each trustee shall have one vote and all questions shall be decided by a majority of votes.
(2) At any meeting of the trustees, the Chairman or person presiding at the meeting shall have a deliberate vote, and, in the event of an equality of votes, shall also have a casting vote.
(3) Any resolution passed by a majority of votes shall be a resolution of the trustees.
8 Secretary
The trustees may appoint a secretary to assist them in the management and administration of the Fund and the secretary shall perform such duties in connexion therewith as the trustees direct.
9 Rules
The trustees may make such rules as are necessary for the proper administration of the Fund.
Notes to the Royal Australian Navy Relief Trust Fund Regulations
Note 1
The Royal Australian Navy Relief Trust Fund Regulations (in force under the Services Trust Funds Act 1947) as shown in this compilation comprise Statutory Rules 1951 No. 54 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1951 No. 54 | 18 June 1951 | 18 June 1951 | |
1992 No. 54 | 5 Mar 1992 | 5 Mar 1992 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 3................. | rep. 1992 No. 54 |
Overview
The Royal Australian Navy Relief Trust Fund Regulations, Statutory Rules 1951 No. 54 as amended, were enacted under the Services Trust Funds Act 1947 to provide a framework for the administration and management of the Royal Australian Navy Relief Trust Fund. The problem these regulations address is the need for a structured and efficient method of handling the fund's resources to support the welfare of members of the Royal Australian Navy. These regulations were prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra, and were last amended in 1992. The objective is to ensure that the trustees of the fund can effectively manage and administer the fund in accordance with the provisions outlined in the regulations. This includes defining roles such as the Chairman, establishing procedures for meetings, quorum requirements, voting processes, and the appointment of a secretary. The regulations also allow trustees to create additional rules as necessary for the proper administration of the fund.
Scope and Application
The Royal Australian Navy Relief Trust Fund Regulations, made under the Services Trust Funds Act 1947, govern the administration and operation of the Royal Australian Navy Relief Trust Fund. These regulations apply specifically to the trustees of the Fund and outline the procedures for meetings, quorum, voting, and the role of the Chairman and secretary. The Fund itself is established under the Services Trust Funds Act 1947-1950 and is intended to provide relief to members of the Royal Australian Navy and their dependents. The Regulations are applicable on a Commonwealth level, affecting entities and individuals involved in the administration of the Fund. The Regulations allow for amendments and the creation of rules necessary for the proper management of the Fund, providing flexibility to adapt to changing circumstances while maintaining the Fund's core objectives.
Key Provisions
The Royal Australian Navy Relief Trust Fund Regulations, made under the Services Trust Funds Act 1947, provide the framework for the administration and management of the Royal Australian Navy Relief Trust Fund. The regulations specify the operational procedures and governance of the Fund, which is established to provide relief and support for members of the Royal Australian Navy and their families. According to section 4, meetings of the trustees must be convened by the Chairman as often as necessary but at least every three months. A quorum, defined in section 5, consists of a majority of trustees who can exercise all the powers and duties of the trustees. The Chairman, as outlined in section 6, presides at all trustee meetings, with the ability to appoint a substitute if absent, ensuring continuity of leadership. Voting procedures are detailed in section 7, where each trustee has one vote, and decisions are made by majority vote, with the Chairman having a casting vote in the event of a tie.
The trustees have the authority to appoint a secretary under section 8, who will assist in the management and administration of the Fund, carrying out duties as directed by the trustees. Section 9 allows the trustees to create rules necessary for the proper administration of the Fund, providing flexibility in managing the Fund's operations. These provisions ensure that the Fund is managed efficiently and in accordance with its statutory objectives.
Breaches of the regulations may lead to civil or criminal consequences, though specific offences and penalties are not detailed within the text of the regulations themselves. However, under the broader legislative framework of the Services Trust Funds Act 1947, breaches could potentially lead to penalties as prescribed by law. The trustees have a duty to act in the best interest of the Fund and its beneficiaries, and failure to do so could result in disciplinary action or legal proceedings against the trustees. The maximum penalties for breaches would be determined by the relevant laws and the severity of the misconduct.