Services Trust Funds Act 1947

Act No. 23 of 1947 as amended

This compilation was prepared on 19 February 2001
taking into account amendments up to Act No. 152 of 1997

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

Part I—Preliminary

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

4 Interpretation.................................

Part II—Trustees Generally

5 Appointment of trustees..........................

6 Trustees to be bodies corporate......................

7 Assets to be vested in trustees.......................

8 Powers of trustees..............................

9 Power of delegation.............................

10 Benefits and expenses a charge on the fund...............

11 Offices to be honorary...........................

12 Trustees not personally liable.......................

13 Trustees may be authorised to administer other property.......

14 Trustees and their dependants not eligible to benefit..........

Part IV—The Royal Australian Navy Relief Trust Fund

24 R.A.N. Relief Trust Fund..........................

26 Administration of the R.A.N. Relief Trust Fund............

Part V—The Australian Military Forces Relief Trust Fund

27 A.M.F. Relief Trust Fund..........................

29 Administration of the A.M.F. Relief Trust Fund............

Part VI—The Royal Australian Air Force Welfare Trust Fund

30 R.A.A.F. Welfare Trust Fund.......................

32 Administration of the R.A.A.F. Welfare Trust Fund..........

Part VII—General

34 Application of the Commonwealth Authorities and Companies Act 1997 and the Auditor‑General Act 1997

35 Financial years start on 1 July.......................

36 Regulations..................................

Notes 

An Act to establish, from the profits and other assets of Canteens conducted within the Defence Force during the time of war which commenced on 3 September 1939 and from other sources, Trust Funds to be administered in the interests of servicemen, ex‑servicemen and their dependants, and for other purposes

Part I—Preliminary

1  Short title [see Note 1]

  This Act may be cited as the Services Trust Funds Act 1947.

2  Commencement [see Note 1]

  This Act shall come into operation on a date to be fixed by Proclamation.

4  Interpretation

  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.

fund means any fund established under this Act.

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.

trustees, in relation to any fund, means the trustees for the time being of that fund.

Part II—Trustees Generally

5  Appointment of trustees

 (1) The Minister must appoint, in respect of each fund, trustees of such number as he thinks fit and a chair of trustees.

 (2) The Minister may terminate the appointment of a trustee or a chair of trustees at any time.

6  Trustees to be bodies corporate

 (1) The trustees of each fund shall be a body corporate with perpetual succession and a common seal and may hold real and personal property and may sue or be sued in their corporate name.

 (2) The corporate name of the trustees of any fund shall be “The Trustees of the (specifying the name of the fund)”.

 (3) All courts, judges and persons acting judicially shall take notice of the seal of the trustees of each fund affixed to any document and shall presume that it was duly affixed.

7  Assets to be vested in trustees

  All assets from time to time forming part of any fund shall be vested in the trustees of that fund.

8  Powers 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:

 (a) to receive and consider applications for benefits from the fund and determine whether any person or group or class of persons is entitled to benefit from the fund and the extent of the benefit to which that person or the persons comprising that group or class is or are so entitled;

 (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;

 (d) to engage such clerical and other assistance in the management or administration of the fund as the trustees consider necessary;

 (e) to make payments or grant benefits from the fund, either directly or through the agency of any person or association of persons, to or on behalf of any beneficiary or group or class of beneficiaries in such manner as the trustees think fit; and

 (f) to appoint regional committees with such powers and functions, and upon such terms and conditions, as are prescribed.

9  Power 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.

10  Benefits and expenses a charge on the fund

  All benefits granted by the trustees of a fund in accordance with this Act and all proper expenses of, and incidental to, the administration of the fund shall be a charge upon and payable out of that fund.

11  Offices to be honorary

 (1) A trustee of any fund shall not, as such, be entitled to receive from the fund any remuneration for any work done by him in relation to the administration of that fund.

 (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.

12  Trustees 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.

13  Trustees 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.

14  Trustees and their dependants not eligible to benefit

  A person who is a trustee or a dependant of a trustee of any fund shall not receive benefits from that fund.

Part IV—The Royal Australian Navy Relief Trust Fund

24  R.A.N. Relief Trust Fund

 (1) There shall be a fund to be known as the Royal Australian Navy Relief Trust Fund, which shall be administered by Trustees in accordance with this Act.

 (2) The Royal Australian Navy Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.

26  Administration of the R.A.N. Relief Trust Fund

  The trustees of the Royal Australian Navy Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Navy and to the dependants of such members.

Part V—The Australian Military Forces Relief Trust Fund

27  A.M.F. Relief Trust Fund

 (1) There shall be a fund to be known as the Australian Military Forces Relief Trust Fund, which shall be administered by trustees in accordance with the provisions of this Act.

 (2) The Australian Military Forces Relief Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.

29  Administration of the A.M.F. Relief Trust Fund

  The trustees of the Australian Military Forces Relief Trust Fund shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Army and to the dependants of such members.

Part VI—The Royal Australian Air Force Welfare Trust Fund

30  R.A.A.F. Welfare Trust Fund

 (1) There shall be a fund known as the Royal Australian Air Force Welfare Trust Fund, which shall be administered by trustees in accordance with this Act.

 (2) The Royal Australian Air Force Welfare Trust Fund shall consist of the assets transferred to the trustees of that fund in pursuance of this Act, together with all other property which is received in any manner by the trustees of that fund for the purposes of that fund.

32  Administration of the R.A.A.F. Welfare Trust Fund

  The trustees of the Royal Australian Air Force Welfare Trust Fund, shall, subject to and in accordance with the regulations, apply that Fund in providing benefits for members of the Defence Force who have served in, or in association with, the Air Force and to the dependants of such members.

Part VII—General

34  Application of the Commonwealth Authorities and Companies Act 1997 and the Auditor‑General Act 1997

 (1) The trustees of each fund are taken to constitute a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997 and the Auditor‑General Act 1997.

 (2) Subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 does not apply to the Trust.

Note: The Commonwealth Authorities and Companies Act 1997 deals with matters relating to Commonwealth authorities, including reporting and accountability, banking, and conduct of officers.

35  Financial years start on 1 July

 (1) For the purposes of the Commonwealth Authorities and Companies Act 1997, the financial year for the trustees of each fund is, subject to subsection (2), a period of 12 months starting on 1 July.

 (2) The first annual report required to be prepared under the Commonwealth Authorities and Companies Act 1997 by the trustees of each fund is to relate to the period of 18 months starting on the last 1 January before the commencement of this section.

Note: Previously, funds had financial years that ended on 31 December.

36  Regulations

  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.

Notes to the Services Trust Funds Act 1947

Note 1

The Services Trust Funds Act 1947 as shown in this compilation comprises Act No. 23, 1947 amended as indicated in the Tables below.

Table of Acts

(a) The Services Trust Funds Act 1947 was amended by sections 123–137 only of the Defence Force Re‑organization Act 1975, section 2 of which provides as follows:

 2 This Part shall come into operation on the day on which this Act receives the Royal Assent, and the remaining provisions of this Act shall come into operation on such date as is, or such respective dates as are, fixed by Proclamation.

(b) The Services Trust Funds Act 1947 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2 (1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(c) The Services Trust Funds Act 1947 was amended by Part XIII (sections 113 and 114) only of the Defence Legislation Amendment Act 1984, subsection 2 (1) of which provides as follows:

 (1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(d) The Services Trust Funds Act 1947 was amended by Part IX (sections 71–74) only of the Defence Legislation Amendment Act 1987, subsection 2 (1) of which provides as follows:

 (1) Sections 1, 2, 3, 9 and 10, subsection 13 (1), sections 23, 24 and 25, subsection 26 (1), sections 27, 29, 31, 33, 34, 35, 36, 42, 43, 44, 45, 52, 53, 54, 55 and 58, subsection 61 (1), section 62, subsection 69 (1) and Parts IX and X shall come into operation on the day on which this Act receives the Royal Assent.

(e) The Services Trust Funds Act 1947 was amended by Schedule 2 (items 1195‑1997) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

 (2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

Table of Amendments