Services Canteens Trust Fund Regulations

Legislation au C1948L00110 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1948. No. 110.

 

REGULATIONS UNDER THE SERVICES TRUST FUNDS ACT 1947.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Services Trust Funds Act 1947.

Dated this twenty-fifth day of August, 1948.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

CYRIL CHAMBERS

Minister for the Army.

———

Services Canteens Trust Fund Regulations.

Citation.

1. These Regulations may be cited as the Services Canteens Trust Fund Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“Chairman” means the Chairman of the trustees;

“the Fund” means the Services Canteens Trust Fund;

“trustees” means the trustees of the Fund.

Meetings.

3. A meeting of the trustees may be convened by the Chairman at any time and shall be convened by the Chairman upon the written request of at least three trustees.

Quorum.

4. At any meeting of the trustees, five trustees shall, unless otherwise determined by the trustees present at any meeting, constitute a quorum and may exercise any or all of the powers of the trustees.

Deputy-Chairman.

5.—(1.) The trustees may elect one of their number to be Deputy-Chairman.

(2.) The Deputy-Chairman may, in the absence of the Chairman, exercise any or all of the powers of the Chairman.

Chairman to preside at meetings.

6. 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 and Deputy Chairman from any meeting, the trustees present at the meeting shall appoint one of their number to preside at that meeting.

Voting.

7.—(1.) At any meeting of the trustees, each trustee shall have one vote, and all questions shall be decided by a majority of votes.

* Notified in the Commonwealth Gazette on 2nd September, 1948.

5332.—Price 3d.


(2.) At any meeting of the trustees, the Chairman, Deputy Chairman or person presiding at the meeting shall have a deliberative vote, and, in the event of any equality of voting, shall also have a casting vote.

Resolutions.

8. Any resolution passed by a majority of votes at a meeting of the trustees shall be a resolution of the trustees.

Secretary.

9. 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.

Appointment of regional committees.

10.—(1.) The trustees may appoint regional committees each of which shall consist of not less than three persons inclusive of the Chairman.

(2.) A member of a regional committee shall hold office during the pleasure of the trustees.

(3.) A regional committee shall advise the trustees on matters relating to the Fund referred to it by the trustees and shall carry out such duties in connexion therewith as the trustees determine.

Chairman of regional committee.

11.—(1.) There shall be a chairman of each regional committee who shall be appointed by the trustees.

(2.) The trustees may terminate the appointment of a chairman of a regional committee at any time.

Meetings of regional committees.

12. A meeting of a regional committee may be convened by the chairman of the regional committee at any time and shall be convened by him upon the written request of at least three members.

Voting.

13.—(1.) At any meeting of a regional committee, each member shall have one vote and all questions shall be decided by a majority of votes.

(2.) At any meeting of a regional committee, the chairman of the committee shall have a deliberative vote, and, in the event of an equality of votes, shall also have a casting vote.

Deputy-chairman of regional committee.

14.—(1.) The trustees may appoint a deputy-chairman of a regional committee.

(2.) The trustees may terminate the appointment of a deputy-chairman of a regional committee at any time.

(3.) The deputy-chairman of a regional committee may in the absence of the chairman exercise any or all of the powers of the chairman of that committee.

Absence of chairman and deputy-chairman of committee.

15. The chairman of a regional committee shall preside at all meetings of the committee at which he is present, and, in the event of the absence of the chairman and deputy-chairman from any meeting, the members present at the meeting shall appoint one of their number to preside at that meeting.


Absence from meetings.

16. If a member of a regional committee is absent without leave from any three consecutive meetings of the committee of which he is a member and of which reasonable notice thereof has been given to him, or leaves permanently the region in relation to which the committee is appointed the trustees may terminate his appointment.

Liability of members of committee.

17. A person holding office as a member of a regional committee shall not be personally liable for any act or default of the Committee done or omitted to be done in good faith in carrying out his duties under these Regulations.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Services Canteens Trust Fund Regulations were enacted in 1948 under the Services Trust Funds Act 1947, as part of Statutory Rules 1948 No. 110. This piece of legislation was introduced to manage the financial affairs and operations of the Services Canteens Trust Fund, which was established to support services canteens. The Act was enacted by the Commonwealth Parliament, reflecting the policy objective of providing financial oversight and administrative structure to ensure the proper management and operation of the trust fund, benefiting service personnel and their families. The regulations establish the procedures for the governance and operation of the Fund, including the roles and responsibilities of the trustees and regional committees, ensuring that the Fund is managed efficiently and in line with the objectives of the Act.

Scope and Application

The Services Canteens Trust Fund Regulations, made under the Services Trust Funds Act 1947, govern the management and administration of the Services Canteens Trust Fund. These regulations apply to the trustees of the Fund, who are responsible for its management, and the regional committees appointed by the trustees to advise on matters relating to the Fund. The regulations set out the procedures for meetings of the trustees and regional committees, including quorum requirements, voting processes, and the appointment of chairmen and deputy-chairmen. The trustees have the authority to appoint a secretary to assist in the management of the Fund and can establish regional committees to provide advice and carry out duties as determined by the trustees. The regulations provide for the appointment, duties, and termination of members of regional committees, and clarify that members of regional committees are not personally liable for acts or defaults of the committee, provided they act in good faith. The scope of these regulations is confined to the management and administration of the Services Canteens Trust Fund, with no stated exclusions or exemptions.

Key Provisions

The Services Canteens Trust Fund Regulations outline the governance structure and operational guidelines for the management of the Services Canteens Trust Fund. The Chairman of the trustees, as defined in section 2, has the authority to convene meetings of the trustees at any time (section 3). A quorum of five trustees is required to conduct business, with the exception of any other determination made by the trustees present at any meeting (section 4). The trustees are empowered to elect a Deputy-Chairman, who may exercise the Chairman's powers in their absence (section 5). The Chairman is to preside over trustee meetings when present, with an appointed presiding member taking over in the absence of both the Chairman and Deputy-Chairman (section 6). Voting at trustee meetings is conducted by a majority, with the Chairman, Deputy-Chairman, or presiding member having a deliberative and casting vote in the event of a tie (section 7). Resolutions passed by a majority of votes at trustee meetings are considered resolutions of the trustees (section 8). The trustees may appoint a secretary to assist with the Fund's management and administration (section 9). The Regulations impose specific obligations on the trustees and the regional committees they appoint. Trustees must convene meetings as necessary and ensure a quorum is present to conduct business (sections 3 and 4). They are responsible for appointing a secretary, a Deputy-Chairman, and members of regional committees, and may terminate these appointments at any time (sections 5, 9, 10, 14). Regional committees are tasked with advising the trustees on matters related to the Fund and carrying out duties as determined by the trustees (section 10). Members of regional committees must attend meetings and can be terminated for absence without leave from three consecutive meetings or permanent departure from their region (section 16). Trustees and members of regional committees are protected from personal liability for actions taken in good faith (section 17). While the Regulations do not explicitly outline offences, penalties, or specific consequences for breaches, the general governance structure implies a framework for accountability and compliance. Trustees and committee members are expected to act in accordance with their duties and the decisions of the majority, with potential repercussions for failing to meet their obligations or for misconduct. The appointment and removal powers held by the trustees suggest a mechanism for addressing breaches of duty or ineffective performance. However, the specific penalties or legal consequences for breaches are not detailed within the Regulations, leaving these to be potentially addressed under the broader provisions of the Services Trust Funds Act 1947 or other applicable laws.

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