Contents
Part I · Preliminary
4Interpretation#
In this Act, unless the contrary intention appears:
dependant, in relation to a member of the Defence Force, means any person who, in the opinion of the trustees of any fund, has or had such relationship to, or dependence upon, the member of the Defence Force as to justify the receipt by that person of benefit from that fund.
member of the Defence Force means a person who is, or was, prior to his discharge or death:
(a)a member of the Navy, Army or Air Force; or
(b)a member of any nursing service or women’s service attached or auxiliary to any branch of the Defence Force;
and includes a member of the canteens staff of any ship of the Navy and any person duly accredited to any part of the Defence Force who has served in an official capacity on full-time paid duty.
Part II · Trustees Generally
5Appointment of trustees#
(2)The Minister may terminate the appointment of a trustee or a chair of trustees at any time.
(3)Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a trustee or a chair of trustees despite subsection 30(6) of that Act.
6Trustees to be bodies corporate#
8Powers of trustees#
The trustees of each fund may, from time to time, do all such acts and things as appear to them necessary for the due administration of the fund and, without limiting the generality of the foregoing, shall have power:
(b)to invest any part of the fund in securities of the Commonwealth, on deposit with the Reserve Bank of Australia or in any other manner for the time being allowed by any Act or State Act for the investment of trust funds in Australia;
(c)to realise and convert into money any property forming part of the fund;
(f)to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.
9Power of delegation#
(1)The trustees of each fund may, in relation to any matters or class of matters, or in relation to any particular region, by writing under the seal of the trustees, delegate to a regional committee appointed in pursuance of the last preceding section or to any person, such of their powers and functions as the trustees think fit (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the region specified in the instrument of delegation.
(2)Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the trustees making the delegation.
(3)Where in this Act the exercise of any power or function by trustees is dependent upon the opinion, belief or state of mind of the trustees in relation to any matter, that power or function may be exercised by the committee or person to whom that power or function has been delegated by the trustees, upon the opinion, belief or state of mind of that committee or person in relation to that matter.
11Offices to be honorary#
(2)A trustee may be paid, out of the fund, an allowance at a rate approved by the Minister in respect of travelling and other expenses incurred by him in connexion with the exercise of his powers or functions under this Act.
12Trustees not personally liable#
No person holding office as a trustee of a fund shall be personally liable for anything bona fide done or omitted to be done by him as holder of that office.
13Trustees may be authorised to administer other property#
The Minister may, by instrument in writing published in the Gazette, authorize the trustees of any fund to administer and dispose of any property transferred to them, which does not form part of the fund, for purposes specified in the instrument and, upon publication of the instrument, the trustees shall administer and dispose of the property for those purposes.
Part IV · The Royal Australian Navy Relief Trust Fund
Part V · The Australian Military Forces Relief Trust Fund
Part VI · The Royal Australian Air Force Welfare Trust Fund
Part VII · General
36Regulations#
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, and in particular:
(a)for regulating proceedings at meetings of trustees appointed under this Act;
(b)for providing for the appointment of a person to act in the absence of the chair of any trustees so appointed; and
(c)for prescribing the times at which meetings of any trustees so appointed shall be held.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.