Veterans Act 2005

Assets are not payable or transferable out of a patriotic fund except—

for any purpose for which the patriotic fund has been established or for any purpose defined by the Governor in Council under this section; or

for any purpose incidental to the proper administration of the patriotic fund; or

under this Act.

If in the opinion of the trustees of a patriotic fund, the purposes for which the patriotic fund has been established are not sufficiently defined, the Governor in Council may, on the application of the trustees, define the purposes for which that patriotic fund is taken to have been established.

Assets in the patriotic fund may be applied and used for all or any of the purposes defined under subsection (2).

If in the opinion of the trustees of a patriotic fund—

the amounts of money that may be applied from the patriotic fund for any purpose for which the patriotic fund was established or for the relief, assistance or support of any person for whose benefit the patriotic fund may be applied; or

the rate at which money may be applied from the patriotic fund for any purpose for which the patriotic fund was established or for the relief, assistance or support of any person for whose benefit the patriotic fund may be applied—

The assets in the patriotic fund may be applied and used for all or any of the re-defined purposes.

If in the case of any patriotic fund the Governor in Council is satisfied—

that the patriotic fund—

was established by, or at the instance of, persons being trustees for or officers or members of any body of persons corporate or unincorporate having amongst its objects one or more objects embraced by the purposes referred to in sections 23(2)(d) and 23(2)(e); and

has been consistently held and administered by trustees and administrative officers being trustees for, or officers or members of, the body; and

that the patriotic fund was established for any purpose embraced by the purposes referred to in sections 23(2)(d) and 23(2)(e); and

that it would enable the patriotic fund to be put to better use or administered more effectively if the purposes of the patriotic fund were re-defined as provided by this subsection—

For the purposes of subsection (6), the Governor in Council must have regard to the purposes for which the patriotic fund was established (if known) and the objects of the body referred to in subsection (6)(a).

If the Governor in Council is of the opinion that the assets in any patriotic fund are more than sufficient to meet the requirements and purposes for which the patriotic fund was established, on the application of the trustees, the Governor in Council may define other purposes for the patriotic fund consistent with purposes for which a patriotic fund may be established.

The assets in the patriotic fund may also be applied and used for all or any of the other purposes defined under subsection (8).

A trustee of a patriotic fund must not knowingly pay, transfer, direct, authorise or permit the payment or transfer of any assets out of a patriotic fund in contravention of subsection (1).