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The purpose of this Act is to—
establish the Victorian Veterans Council and the Victorian Veterans Fund;
re-enact the Patriotic Funds Act 1958 with amendments to—
abolish the Patriotic Funds Council of Victoria;
confer the regulatory powers of the Patriotic Funds Council of Victoria in relation to patriotic funds on the Director of Consumer Affairs Victoria;
improve the administration of patriotic funds;
simplify the provisions relating to the regulation of patriotic funds;
repeal the Patriotic Funds Act 1958, the Defence Reserves Re-Employment Act 1995 and the Discharged Servicemen's Preference Act 1943;
make minor amendments to the ANZAC Day Act 1958, the Fair Trading Act 1999, the Fundraising Appeals Act 1998, the Gambling Regulation Act 2003 and the Shrine of Remembrance Act 1978.
In outline this Act—
creates the Victorian Veterans Council to promote issues of concern to veterans and to advise the Government of Victoria in relation to such issues;
provides that the ex-service community are to make up the majority of the membership of the Victorian Veterans Council;
creates a Victorian Veterans Fund to provide a source of funds to support educational and commemorative activities related to Australia's war and service history;
shifts responsibility for the regulation of patriotic funds from the Patriotic Funds Council of Victoria to the Director of Consumer Affairs Victoria;
shifts the regulation of patriotic funds to this Act.
Section 1 and this section come into operation on the day after the day on which this Act receives the Royal Assent.
Sections 20 and 89 come into operation on 1 January 2006.
Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 1 February 2007, it comes into operation on that day.
In this Act—
ANZAC Day Proceeds Fund means the Fund established under section 4A of the ANZAC Day Act 1958;
assets, in relation to a patriotic fund, includes money, securities and real and personal property;
authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;
S. 3(1) def. of Director amended by No. 21/2012 s. 239(Sch. 6 item 45.1).
Director means the Director within the meaning of the Australian Consumer Law and Fair Trading Act 2012;
ex-service community means all veterans, all surviving partners of veterans and all dependants of veterans;
S. 3(1) def. of inspector amended by No. 21/2012 s. 239(Sch. 6 item 45.2).
inspector means an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012;
patriotic fund has the meaning given by section 23;
person includes a body or association (corporate or unincorporate) and a partnership;
prescribed means prescribed by the regulations;
regulations means regulations made under this Act;
S. 3(1) def. of service or duty amended by No. 25/2023 s. 7(Sch. 1 item 31.1).
service or duty means—
any naval, military or air service in any proclaimed war; or
any special defence undertaking within the meaning of section 6 of the Defence (Special Undertakings) Act 1952 of the Commonwealth; or
any peacetime activities, including peace keeping activities; or
any training activities, including activities conducted in conditions simulating war or war-like activities—
engaged in by an officer or a member of the naval, military or air forces of His Majesty or of the Commonwealth of Australia or of any of the naval, military or air forces of His Majesty's allies that are authorised expressly or impliedly or are incidental to the scope of service or duty of the officer or member;
transfer includes convey;
trustee in the case of any patriotic fund, includes every person for the time being exercising control either solely or jointly with any other person over the patriotic fund;
veteran means a person who performed service or duty and who now resides in Victoria but does not include current members of the Australian Defence Force rendering continuous full time service;
Victorian Veterans Council means the Council established by section 4;
Victorian Veterans Fund means the Fund established by section 20.
In this Act, "any proclaimed war" is considered and taken to refer to any war or hostilities or special assignment—
S. 3(2)(a) amended by No. 25/2023 s. 7(Sch. 1 item 31.2).
in which any of the naval, military or air forces of His Majesty or of the Commonwealth of Australia have been, are, or may be, engaged; and
which is specified for the purposes of this Act by Order of the Governor in Council published in the Government Gazette.
Any proclaimed war specified by a proclamation under the Patriotic Funds Act 1958 which is in force immediately before the commencement of section 85 is deemed to be a proclaimed war for the purposes of this Act.
S. 3(4) amended by No. 25/2023 s. 7(Sch. 1 item 31.3).
In this Act, the expressions His Majesty's naval, military or air forces and the naval, military and air forces of His Majesty and similar expressions mean the naval, military or air forces of any nation, dominion or colony of which His Majesty or a predecessor or successor of His Majesty is or was sovereign.
There is established a body corporate called the Victorian Veterans Council.
The Victorian Veterans Council—
has perpetual succession;
is capable of acquiring, holding and disposing of property;
may sue and be sued in its corporate name;
has a common seal;
subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer.
The common seal of the Victorian Veterans Council can only be used in a way approved by the Victorian Veterans Council.
All courts and people acting judicially must take judicial notice of the common seal of the Victorian Veterans Council.
Note
The Victorian Veterans Council is a public entity within the meaning of section 5 of the Public Administration Act 2004 and will be subject to Part 5 of that Act.
The objectives of the Victorian Veterans Council are to—
promote the wellbeing of all members of the Victorian ex-service community;
promote the commemoration of those who have died in the performance of service or duty;
develop a better understanding amongst Victorians of the participation and sacrifice of Victoria's veterans in war and peacekeeping operations, and the contributions of Victoria's ex-service community;
actively promote the significance of, and the key values associated with, the spirit of ANZAC;
promote cooperation and collaboration across organisations dealing with veterans' welfare and other ex-service community issues, including with the trustees of the Shrine of Remembrance.
The functions of the Victorian Veterans Council are to—
ensure that the objectives of the Victorian Veterans Council are met to the maximum extent that is practicable;
monitor and advise the Minister on issues affecting Victoria's ex-service community;
investigate and report on any aspect of veterans affairs referred to it by the Minister;
consult with the ex-service community when developing advice for the Minister;
support the welfare activities of ex-service organisations through the ANZAC Day Proceeds Fund;
fund activities furthering its objectives through the Victorian Veterans Fund;
advise the Minister administering Part 4 or the Director on matters in relation to the regulation of patriotic funds under Part 4.
The Victorian Veterans Council may do all things that are necessary or convenient to enable it to carry out its functions.
The Victorian Veterans Council is to have 11 members.
The members of the Victorian Veterans Council are to be appointed by the Governor in Council on the recommendation of the Minister.
The Governor in Council, on the recommendation of the Minister, must appoint one member of the Victorian Veterans Council to be the Chairperson and another member to be the Deputy Chairperson.
The Chairperson and the Deputy Chairperson are to be veterans.
At least 6 members of the Victorian Veterans Council (not including the Chairperson and Deputy Chairperson) are to be members of the ex‑service community or an ex-service organisation as specified in subsection (6), (7) or (8).
One member of the Victorian Veterans Council is to be a member of the Returned and Services League of Australia (Victoria Branch) Inc. ABN 85 107 546 293 recommended to the Minister by that organisation.
One member of the Victorian Veterans Council is to be a member of the Legacy Club of Melbourne Inc. ABN 78 043 769 632 recommended to the Minister by that organisation.
Four members of the Victorian Veterans Council are to be members of the ex-service community recommended to the Minister by other ex-service organisations.
For the purposes of subsection (8), the Minister may request or invite (whether generally or specifically) other ex-service organisations to nominate the names of persons for the consideration of the Minister.
The members appointed under subsections (4), (5), (6), (7) and (8), must, in the opinion of the Minister, have skills, experience or knowledge in some or all of the areas of veterans' welfare, aged care, patriotic funds, commemoration and the needs of veterans' surviving partners and dependants.
Three members of the Victorian Veterans Council, other than members appointed under subsections (4), (5), (6), (7) and (8), are to be people who, in the opinion of the Minister, have other appropriate skills to enable the Victorian Veterans Council to achieve its objectives and perform its functions.
The Governor in Council may—
appoint a person to be a Victorian Veterans Council member for a period of up to 3 years;
re-appoint a person to be a Victorian Veterans Council member for a second or third term;
not re-appoint a person to be a Victorian Veterans Council member to a fourth term (regardless of the length of the first 3 terms and regardless of whether those terms were served consecutively or not).
A Victorian Veterans Council member—
S. 10(a) substituted by No. 80/2006 s. 26(Sch. item 106).
(a) is, in respect of his or her office as a member, subject to the Public Administration Act 2004 (other than Part 3 of that Act);
holds office on the terms and conditions specified in his or her instrument of appointment;
is entitled to the remuneration and allowances fixed by the Governor in Council from time to time.
A person ceases to be a Victorian Veterans Council member—
at the expiry of his or her term of office; or
if he or she resigns in accordance with subsection (2); or
if he or she is removed from office under section 12; or
if he or she becomes bankrupt; or
if he or she is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or
if, without the approval of the Victorian Veterans Council or the Chairperson of the Victorian Veterans Council, he or she fails to attend 3 consecutive meetings of the Victorian Veterans Council of which he or she has received notice; or
in the case of a member who was recommended for appointment as a member of an ex-service organisation, if he or she ceases to be a member of that organisation.
A person may resign his or her office as a Victorian Veterans Council member by writing delivered to the Minister.
The Governor in Council may at any time remove a Victorian Veterans Council member from office.
The Governor in Council must remove a person from office as a Victorian Veterans Council member if the person—
is convicted of an offence relating to his or her duties as a Victorian Veterans Council member; or
fails without reasonable cause to disclose any interest under section 14.