Mosman Anzac Memorial Hall Act 1938

This Act may be cited as the Mosman Anzac Memorial Hall Act 1938.

This Act is divided into parts, as follows:

PART 1—PRELIMINARY—ss 1–3.

PART 2—THE TRUSTEES—ss 4–5.

PART 3—POWERS, AUTHORITIES, DUTIES AND FUNCTIONS OF THE TRUSTEES—ss 6–20.

PART 4—THE TRUST PROPERTY AND THE TRUSTS UPON WHICH IT IS HELD—ss 21–23.

PART 5—MISCELLANEOUS—ss 24–26.

SCHEDULES ONE, TWO AND THREE.

In this Act, unless the context or subject matter otherwise indicates or requires:

Dependant

means any person connected by blood marriage or adoption with and who would, in the opinion of the Trustees be entitled to receive a contribution towards his or her support, care, maintenance, education or advancement from a member of the following classes of persons, if such member were living or otherwise were able so to contribute namely: returned sailor or soldier; sailor, soldier or nurse deceased in consequence (in the opinion of the Trustees) of The Great War 1914–1918, and

includes the mother of a member born out of wedlock of any of the classes mentioned in subclause (a) hereof and the child born out of wedlock of any member of such classes.

Nurse means any person who was during The Great War 1914–1918 a member of the Army Medical Corps Nursing Service accepted or appointed by the Director-General of Medical Services for service outside Australia and shall be deemed to include a member of the Army Medical Corps Nursing Service of any of the King’s Dominions, other than the Commonwealth of Australia accepted or appointed for service outside that Dominion.

Soldier means any person who was during The Great War 1914–1918 a member of the Commonwealth Naval or Military Forces enlisted or appointed for or employed on active service outside Australia or employed on a ship of war and shall be deemed to include any person who served during the said War in the Naval or Military Forces of any of the King’s Dominions, other than the Commonwealth of Australia, on active service outside that Dominion and “Returned Soldier” means a soldier as herein defined whose enlistment has been terminated.

The Sub-branch means the Mosman Sub-branch of The Returned Sailors, Soldiers and Airmen’s Imperial League of Australia (New South Wales Branch).

The Trust property means the property and assets set out in Schedule One to this Act and includes any property, money or assets acquired or to be acquired by the Trustees in pursuance of this Act in addition to or in substitution therefor.

Trustees means the Trustees for the time being of the Mosman Anzac Memorial Hall appointed by or in pursuance of this Act.

There shall be three Trustees for the purposes of this Act.

One of such Trustees shall be a member of the Sub-branch and each of the remaining Trustees shall be a bona fide resident of the Municipality of Mosman.

The first three Trustees shall be:—John Ross Wallace of Arbutus-street, Mosman, Retired Publisher, Gordon William Hastie of Middle Head road, Mosman, Licensed Victualler, and Reginald Charles Young of Beaconsfield-road, Mosman, Motor Engineer.

The Governor may by notification published in the Gazette remove any Trustee appointed under or in pursuance of this Act.

The Governor may by notification published in the Gazette appoint a new Trustee in the place of any Trustee in any of the following cases:

where a Trustee is dead,

where a Trustee remains out of New South Wales for more than two years,

where a Trustee desires to be discharged from all or any of the trusts or powers reposed in or conferred on him or resigns his office by letter addressed to the Chief Secretary,

where a Trustee refuses or is unfit to act in such trusts or powers or is incapable of acting therein,

where a Trustee is removed in pursuance of the power conferred by subsection four of section four of this Act,

where a Trustee ceases to hold the qualification in respect of which he was appointed.

Upon the appointment of a new Trustee the trust property shall by virtue of this Act vest in the new Trustee so appointed jointly with the continuing Trustees.

The trust property is here by transferred to and vested in the Trustees subject nevertheless to the Mortgage more particularly described in Schedule Two to this Act and to the Lease more particularly described in Schedule Three to this Act.

The Trustees may from time to time raise on mortgage of the trust property or any part thereof all or any moneys which may be required for the purpose of repaying any outstanding liability or for any of the purposes mentioned in section fourteen of this Act and may secure the repayment of any moneys so raised with interest at such rate as they may think fit by mortgage of the trust property or any part thereof with or upon such terms, conditions or provisions in all respects as the Trustees shall think fit and if the Trustees shall raise more moneys by any such mortgage than may be required for the purposes aforesaid they shall hold the surplus of such moneys and any income to arise therefrom upon the same trusts as the trust property is by this Act held by them. For the purposes of this section the Trustees may sign, execute or enter into any deed of extension or variation of mortgage.

The Trustees may at any time they think fit sell or dispose of the said trust property or any part thereof either for cash or on such terms of credit as they may think fit and for the purposes of such sale or disposal may accept mortgages or other securities to secure the payment of the whole or any part of the purchase moneys. Subject to section ten of this Act the proceeds of such sale shall after deducting therefrom all costs, charges, mortgages, encumbrances and commissions in connection with such sale or disposal and after payment thereout of all outstanding debts and liabilities be invested by the Trustees in or upon any investments authorised by the Trustee Act 1925 or any Act amending the same and such investments and any mortgages or securities accepted by the Trustees to secure payment of purchase money and the income to be derived from such investments, mortgages or securities shall be held by the Trustee upon the same trusts as the trust property is by this Act held by them.

The Trustees shall so long as the land and building erected thereon known as the Anzac Memorial Hall being the land more particularly described in Schedule One to this Act remains unsold make available such portion of the said building as they consider necessary for use by the Sub-branch as a club and rest room for the use of returned sailors and soldiers and other persons who are members of or are entitled to be members of The Returned Sailors, Soldiers and Airmen’s Imperial League of Australia (New South Wales Branch).

Should the membership of the Sub-branch fall below fifty the Trustees may make available such portion of the building as aforesaid but they shall not be bound so to do.

If the Trustees in the exercise of their powers sell or dispose of the land and building erected thereon known as the Anzac Memorial Hall being the land more particularly described in Schedule One to this Act, they may if they think fit purchase out of the proceeds of such sale or the disposal other land and erect thereon a Club-room for the use of the Sub-branch or may purchase land with a building already erected thereon for the use of the Sub-branch as a Club-room. Should the Trustees exercise the powers hereby conferred any balance of the proceeds of such sale or disposal not so expended by them shall be held by them as in section 8 of this Act provided.

The Trustees may at any time let lease or otherwise demise the trust property or any part thereof for such term of years or upon such tenancy and upon such terms and for such rent as they may think fit.

No purchaser, mortgagee, lessee or other person or the Registrar-General upon any sale, exchange, mortgage, lease or other dealing purporting to be made under the powers granted by or under this Act shall be concerned to see or enquire into the necessity or propriety thereof or the mode of exercising the same nor be affected by notice that the exercise of the power is unauthorised, irregular or improper nor be concerned to see to the application or disposition of any purchase, mortgage or other money or rent paid by him.