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(1)

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(2)

QUEENSLAND

PATRIOTIC FUNDS ACT 1942-1984

[Reprinted as at 1 May, 1986]

Patriotic Funds Act of 1942, 6 Geo. 6 No. 38 As amended by

Patriotic Funds Act Amendment Act of 1953, 2 Eliz. 2 No. 26 Patriotic Funds Act Amendment Act 1984, No. 15

An Act to Consolidate and Amend the Law relating to Patriotic Funds and the Administration thereof, and for purposes incidental thereto or consequent thereon

[ASSENTED TO 9 DECEMBER, 1942]

BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

1. Short title. This Act may be cited as "The Patriotic Funds Act of 1942."

Collective title conferred by Act of 1984, No. 15, s. 1 (3).

2. Repeal of "The Patriotic Funds Administration Acts, 1916 to 1939." Subject as hereinafter provided "The Patriotic Funds Administration Acts, 1916 to 1939," are hereby repealed:

Provided that, but without prejudice to "The Acts Shortening Acts"-

(i) Every fund as defined in the repealed Acts the establishment of which and the trusts, objects and/or purposes for establishing which were approved by the Governor in Council under the repealed Acts shall, while such approval continues in force, be deemed to be a patriotic fund established under the authority of this Act;

(ii) All Orders in Council, regulations, permits, approvals, or consents made, issued or given under the repealed Acts and in force at the passing of this Act shall, subject as hereinafter in this paragraph provided, continue in force until repealed, modified, or revoked under this Act:

Provided that every such Order in Council, regulation, permit, approval, or consent shall have operation and effect subject to this Act.

(3)

2 s.3 PATRIOTIC FUNDS ACT 1942-1984 s.3

(iii) Any right of action or power of prosecution had by or against any person under the repealed Acts at the passing of this Act shall continue to be had and may be enforced as if this Act had not been passed;

(iv) All penalties incurred under the repealed Acts before the passing of this Act shall be enforceable and may be enforced as if this Act had not been passed.

3. Meanings of terms. In this Act, unless the context otherwise indicates or requires, the following terms have the meanings set against them respectively, that is to say:-

"Chief Secretary"-The Premier and Chief Secretary or other Minister of the Crown for the time being administering this Act: The term includes any Minister of the Crown for the time being carrying out the duties of the office of Premier and Chief Secretary, or, as the case may be, of the Minister who is administering this Act;

"Defence service" -Any service declared by the Governor in Council to be a defence service under and for the purposes of this Act (the Governor in Council being hereby empowered to declare from time to time, by Order in Council published in the Gazette, any service, wherever served, for which any members of the Naval, Military, and Air Forces of the Commonwealth, or any of those Forces, were before, or are after, or were partly before and are partly after the passing of "The Patriotic Funds Act Amendment Att of 1953,"

enlisted or appointed, to be a defence service under and for the purposes of this Act);

"Patriotic fund" -Any fund (including all moneys and securities for money and all property, real or. personal, in or forming part of such fund) heretofore or hereafter raised wholly or in part-

(i) By private or public subscriptions, collections or contributions; or

(ii) By carnivals, fetes, art unions, entertainments or any other means (whether of the like nature or not) for raising money or gifts in kind-

for any object or purpose l.n connection with any· war, or any active service (including with the ~forces of the United Nations), in which Her Majesty (including any of Her Majesty's Predecessors or Successors according to law), or any of Her Majesty's Naval, Military, arid Air Forces or any of the Naval, Military, and Air Forces of any countries of the British Commonwealth, shall have been or shall be engaged, whether before, or after, or partly before and partly after the passing of "The Patriotic Funds Act Amendment Act of 1953," or in connection with any defence service (and any reference in this definition or in any other proVision of this Act to "the war" shall be construed as referring to

(4)

s.3 PATRIOTIC FUNDS ACT 1942-1984 s.3 3

any and every such war, to any and every such active· · service, and to any and every defence service) and in particular, but without limiting the generality of the foregoing provisions of this definition, for any of the following objects and purposes, namely:-

(a) For the relief of distress occasioned by the war whether in Queensland or elsewhere in the British dominions or in the territory of any of His Majesty's Allies, whether such territory is in enemy occupation or not; or

(b) For the· equipment in whole or in part of any portion of His Majesty's Naval, Military, or Air Forces or of the Naval, Military or Air Forces of the Commonwealth or of any other part of His Majesty's Dominions, or of any of His Majesty's Allies (including the equipment of any ambulance, hospital or hospital ship); or

(c) For the promotion, formation, management, conduct, and/or maintenance of any institute, society, club, or association, for the benefit of officers andjor members of the said forces, or any of the said forces; or

(d) For the supply of comforts or conveniences to officers and/or members of any of the said forces; or

(e) For providing farewell or welcome home functions or gifts to officers and/or members of any of the said forres;

or

(f) For . the aid, relief, assistance or ·support of officers.

and/or members of any of the said forces (including officers whose appointments have been terminated and . members who have been discharged) who are sick, wounded, disabled or out of employment or, because of any other circumstances whatsoever whether associated with the war or not, are in need of aid, relief, assistance or support or for the aid, relief, assistance, or support of their dependants or of the dependants of such officers and members who have lost their lives directly or indirectly in or in connection with the war, or of the dependants of deceased such officers and members whose deaths (whether attributable in any way to the war or not so attributable) occurred (and in any and every such case whether death occurred before, on or after the passing of

"The Patriotic Funds Act Amendment Act of 1953") after ceasing to be such officers or members-

and includes-

(g) All moneys and securities for. money and all property, real or personal, subscribed, collected, contributed or raised for any object or purpose hereinbefore in this definition mentioned notwithstanding that such moneys, securities for money, or property, real or personal, has or have not been paid into or otherwise appropriated to a patriotic fund; and

(5)

(h) The fund referred to in "The Toowoomba Patriotic Fund Act of 1914" to the extent to which such fund is applied to any object or purpose hereinbefore in this definition mentioned in connection with any war in which His Majesty is or was engaged on and after the third day of September, one thousand nine hundred ~nd thirty-nine;

and

(i) All moneys and securities for money and all property, real or personal, subscribed, collected or contributed or raised by any other means whatsoever with the object or for the purpose of directly or indirectly establishing, fostering, maintaining or affording aid, assistance, relief or support to any person possessing, managing, or controlling· a patriotic fund within the meaning of this definition; and

(j) Any other fund declared by the Governor in Council by Order in Council to be a patriotic fund by reason of the fact that the Governor in Council is satisfied that such fund is or is proposed to be established in connection with an object or purpose hereinbefore mentioned in this definition but does not include the fund or any part of the fund of the Australian Red Cross Society;

"Person"-The term includes any partnership or firm, and any body or association of persons, corporate or unincorporate;

"Prescribed".:....Prescribed by this Act;

"This Act"-This Act and all Orders in Council and regulations made or purporting to be made hereunder;

"Transfer"-Includes convey and derivatives of"transfer" shall have a corresponding meaning;

"Trustee"-Includes every person for the time being having or exercising the management or control either solely or jointly with any other person or persons over any patriotic fund;

"Under Secretary"-The permanent head within the meaning of the Public Service Act 1922-1978 of the Department administered by the Minister of the Crown who for the time being administers this Act: the term includes any person who for the time being discharges the duties of such permanent head.

As amended by Act of 1953, 2 Eliz. No. 26, s. 2; Act of 1984, No, 15, s. 2.

4. Patriotic Fund not to be established without approval. (1) No person or body or association of persons (corporate or unincorporate) shall-

(i) Establish any patriotic fund; or

(ii) Invite subscriptions or contributions, whether in money or in kind, to or in aid of any patriotic fund; or

(iii) Receive, collect or raise money by any means whatsoever, for or in aid of any patriotic fund; or

(6)

s.S PATRIOTIC FUNDS ACT 1942-1984 s. 5 5

(iv) In the case of an individual person or of a body corporate, act as a trustee of a patriotic fund,

unless the Governor in Council has approved of- (a) The establishment; and

(b) The name; and

(c) The objects and purposes, of such patriotic fund.

(2) Any body corporate which contravenes any provision of this section shall be liable to a penalty of not more than four hundred dollars.

(3) Any person who is a member of any body or association of persons (not being a corporate body) which contravenes any provision

of this section shall be liable- .

(i) (If such person was a member of the managing body of,. or held any office under, such body or association at the time when the contravention occurred) to a penalty of not more than two hundred dollars; or

(ii) (In any other case) to a penalty of not more than forty dollars.

(4) Any individual person who contravenes any provision of this section shall be liable to a penalty of not more than two hundred dollars.

(5) Every application for approval of a patriotic fund under this section shall be made in writing to the Under Secretary and, if the form thereof is prescribed, shall be in the prescribed form or to the like effect.

The Under Secretary may require all such particulars and information in and with respect to any such application as he shall think fit.

The Governor in Council may approve of any such application or he may refuse to approve of same without assigning any reason for such refusal.

Moreover the Governor in Council may approve of such only of the objects and purposes stated in such an application as are specified by him and in that event, he shall be deemed to have refused to approve of the remaining objects and purposes stated in that application.

As amended by Act of 1953, 2 Eliz. 2 No. 26, s. 3.

Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.

5. Unlawful associations. (1) No body or association of persons (corporate or unincorporate) shall, at any time when it is not authorised under this Act to establish a patriotic fund, adopt or use as its name or as the name of any department, section, or other part of it any name which includes any of the following words, namely:-"aid," "assistance,"

"benefit," "distress," "help," "patriotic," "relief," "support," or "welfare,"

(7)

6 s.5 PATRIOTIC FUNDS ACT 1942-1984 s.5 or any word which is a derivative of any such word in combination with the name, designation, or title of-

(i) Any part of the British Empire or any country, state, city, town, or place under the sovereignty of His Majesty, including any such part; country, state, city, town, or place for the time being controlled or occupied by the enemy; or (ii) Any of His Majesty's Allies or any country, state, city, town,

or place under the sovereignty of any of His Majesty's Allies, including any such country, state, city, town, or place for the time being controlled or occupied by the enemy; or (iii) Any Naval, Military, or Air Force of His Majesty or of the

Commonwealth of Australia, or of any other Dominion or part of the British Empire, or of any of His Majesty's Allies, or in combination with. any word, words, letter, or letters-

(iv) Which is or are a contraction of any such name, designation, or title; or

(v) Which, combined with such first-mentioned word, represent or imply or are likely to represent or imply that such body or association or such department, section, or other part of it is authorised under this Act to establish a patriotic fund or that moneys collected, received, or raised by such body or association or such department, section, or other part of it are or are intended to be wholly or partly for or in connection with any object or purpose mentioned in the definition "patriotic fund."

Moreover no body or association of persons (corporate or unincorporate) authorised under this Act to establish a patriotic fund shall at any time adopt or use as its name or as the name of any department, section, or other part of it any name the use or adoption of which is prohibited by this subsection excepting the name as approved by the Governor in Council of such authorised patriotic fund.

(2) Any body corporate which contravenes any provision of this section shall be guilty of an offence and liable to a penalty of not more than four hundred dollars.

(3) Any person who is a member of any body or association of persons (not being a body corporate) which contravenes any provision of this section shall be guilty of an offence and liable-

(i) (If such person was a member of the managing body of, or held any office under, such body or association at the time when the contravention occurred) to a penalty of not more than two hundred dollars; or

Decimal currency references substituted .. pursuant to section 7 of Decimal Currency Act of 1965.

(8)

6. Number and appointment of trustees of patriotic fund. (1) There shall be not less than three trustees of every patriotic fund.

(2) Subject to subsection one of this section the Governor in Council may fix the number of trustees of any patriotic fund and may include in such number such one or more persons not exceeding one-third of such number as he shall, upon the recommendation of the Chief Secretary, appoint to represent the Crown.

(3) Where there are no trustees of any patriotic fund, or where there are less than three trustees of a patriotic fund, or where in the opinion of the Governor in Council three or more trustees of any patriotic fund cannot be ascertained or found, the Governor in Council may appoint such number of persons to be trustees of such fund as will ensure that such fund will be administered by not less than three trustees.

( 4) Any person appointed as a trustee of a patriotic fund under the foregoing provisions of this section shall, while he continues in office as such, be deemed to be a duly appointed trustee of such fund.

(5) Every trustee of a patriotic fund (whether or not appointed by the Governor in Council), shall hold his office as such at the pleasure of the Governor in Council.

(6) Any person who acts or purports to act as trustee of a patriotic fund-

(a) At any time when the total number of persons so acting or purporting to so act exceeds the number fixed by the Governor in Council; or

(b) At any time when the total number ofpersons so acting or purporting to so act is less than three; or

(c) At any time after his office has been terminated, shall be liable to a penalty of not more than one hundred dollars.

(7) If a trustee of a patriotic fund dies or his office becomes vacant for any other reason whatsoever the remaining trustees shall within fourteen days thereafter, notify the Under Secretary in writing of such death or vacancy, and shall state in such notice the number of such remaining trustees.

If the remaining trustees fail to comply with this subsection they shall be severally Hable to a penalty of not more than forty dollars.

(8) Subsections one and two of this section shall not apply to any patriotic fund established before the passing of "The Patriotic Funds Administration Acts Amendment Act of 1939" under "The Patriotic Funds Administration Acts, 1916 to 1929," or under "The Toowoomba Patriotic Fund Act of 1914" in .respect of the War existing at the passing of "The Patriotic Funds Administration Act of 1916" unless any object or purpose for which such fund was establisbed extends or is extended at any time to relate to the war.

(9)

8 s. 7 PATRIOTIC FUNDS ACT 1942-1984 s. 7

If any such extension occurs the Governor in Council may by Order in Council apply subsections one and two of this section to the fund concerned, and may by the same or any later Order in Council modify the provisions of the said subsections in such manner as he shall think necessary in order to so apply same, and "The Toowoomba Patriotic Fund Act of 1914" shall be read and construed with and subject to this subsection accordingly.

7. Unauthorised collections prohibited. (1) Any person who in Queensland without a permit in writing from the Chief Secretary directly or indirectly solicits or receives subscriptions, collections or contributions of money or in kind or raises or endeavours to raise money by a carnival, fete, art union, or entertainment or any other means (whether of the like nature or not) for raising money-

(i) In aid of any patriotic fund; or

(ii) For or in connection with any object or purpose mentioned in the definition "patriotic fund,"

shall be liable to the penalty prescribed in his case by this section.

(2) No person, except a person holding a subsisting permit under this section, shall, directly or indirectly, either verbally or in writing or otherwise howsoever invite or encourage any other person to or suggest that any other person should in Queensland contribute or collect, receive, or raise by any means whatsoever any moneys or gifts in kind in aid of-

(i) Any patriotic fund; or

(ii) Any other fund, wholly or partly connected with, and either directly or indirectly, any object or purpose mentioned in the definition "patriotic fund,"

established or proposed to be established elsewhere than in Queensland:

Provided that the fact that the person first hereinbefore in this subsection mentioned holds a permit under this section shall not authorise any other person to colle9t, receive, or raise moneys or gifts in kind in Queensland in aid of any such patriotic fund or other fund.

(3) Every application for a permit under this section shall be made in writing to the Under Secretary.

If the form of application is prescribed such application shall be in the prescribed form or to the like effect.

Every such application shall be accompanied by such information and particulars as may be prescribed and, in so far as not prescribed, the Under Secretary may require all such information and particulars as he shall think necessary in the circumstances in respect of any such application.

Moreover every such application shall be made through the secretary or other administrative officer of the patriotic fund concerned.

(10)

s. 7 PATRIOTIC FUNDS ACT 1942-1984 s. 7 9

Every such application shall set forth the name and address of such secretary or other administrative officer and also the name, address and description of every person for whom a permit under this section is applied for.

(4) Any permit under this section may be in general or limited terms and may be so limited in respect of time, place or otherwise.

(5) Any permit under this section (whether in general or limited terms) may at any time be revoked by the Chief Secretary without assigning any reason for such revocation, and upon revocation shall cease to have any force or effect.

Such revocation shall be notified by telegram addressed to or by notice in writing delivered to or sent by prepaid post letter addressed to the secretary or other administrative officer of the patriotic fund concerned, or to the person to whom such permit was given.

It shall be sufficient to address any such telegram to, or to deliver any such notice at or post same to, the address of such secretary, administrative officer or person as stated in the application for the revoked permit.

(6) Any body corporate which contravenes any provision of this section shall be liable to a penalty of not more than four hundred dollars.

(7) Any person who is a member of any body or association of persons (not being a body corporate) which contravenes any provision of this section shall be liable-

(i) (If such person was a member of the managing body of, or held any office under, such body or association at the tim.e when the contravention occurred) to a penalty of not more than two hundred dollars; or

(8) Any individual person who contravenes any provision of this section shall be liable to a penalty of not more than one hundred dollars.

(9) In any proceedings under this section a certificate purporting to be under the hand of the Under Secretary, Chief Secretary's Department, and setting out that the person named therein was not authorised as prescribed by this section shall be sufficient evidence of the fact so certified to until the contrary is proved.

(10) In any proceedings for an offence against this section any advertisement, letter, circular, memorandum, or other writing which appears to the court to be relevant to the offence, and to have been issued or delivered by the person whose name appears thereon, or by any other person, may be given in evidence without formal proof of the issue or delivery thereof, or of the authentication by the person whose name it bears, and the same shall until the contrary is proved

(11)

(the onus of proof whereof shall be on the defendant) be proof that any representation, notification, invitation, encouragement, or suggestion (or what purports so to be) therein contained-

( a) Was actually made; and

(b) Was in force at the date on which the alleged offence was committed; and

(c) Was made by the person whose name (if any) appears thereon as making or authenticating the document.

8. Banking account. (1) All moneys received by or on behalf of the trustees of any patriotic fund shall within the prescribed time be paid into the Commonwealth Bank or such other bank as the Chief Secretary shall permit to the credit of an account to be kept in the name of such fund or of the trustees as trustees of the said fund.

(2) Every person in receipt of moneys belonging to a patriotic fund who fails to pay the same into the proper account within the time prescribed shall be liable to a penalty of not more than one hundred dollars and liable, in addition, to a further penalty of not more than twenty dollars for each and every day during which such failure continues after conviction.

9. Investment of moneys not immediately required for objects and purposes of fund. ( 1) When any moneys belonging to a patriotic fund are not immediately required for the objects and purposes of such fund, the trustees may-

(i) Deposit the same in the Commonwealth Savings Bank; or (ii) Deposit the same on fixed deposit with the Commonwealth Bank or any other bank approved by the Chief Secretary;

or

(iii) Subject to the approval of the Chief Secretary, invest the same in such manner as the trustees having regard to the prospective expenditure of the fund determine but only in securities in which trust moneys may lawfully be invested.

(2) For the purpose of carrying out any objects or purposes of any patriotic fund the trustees may subject to the approval of the Chief Secretary borrow moneys from time to time on the security of any property belonging to the fund.

(3) All inscriptions of securities and deposits and all entries of safe custody for securities or other property of a patriotic fund and all borrowings pursuant to subsection two of this section shall be in the name of such fund, or in the name of the trustees as trustees of such fund.

As amended by Act of 1953, 2 Eliz. 2 No. 26, s. 4.

(12)

s.lO PATRIOTIC FUNDS ACT 19424HI84 s.lO 11 10. Expenditure of patriotic funds. (1) No .moneys, securities for money, or property, real or personal, shall be payable or transferable out of a patriotic fund except-

(i) For any object or purpose for which the fund .has been established or for any object or purpose defined by the Governor in Council-~pursuant to this section; or

(ii) For any object or purpose incidental to the proper administration of the fund; or

(iii) Under the authority of this Act.

(2) Where in the opinion of the trustees the objects and 'purposes for which a patriotic fund has been :established are not .sufficiently defined the Governor in Council may, upon the application of the trustees, define the objects and purposes for which such fund shall be deemed to have been established and the moneys, securities, and property in such fund may be applied and used accordingly for all or any of the objects and purposes so defined.

(3) Where the moneys, securities, and property in any patriotic fund are in the opinion of the Governor in Council more than sufficient to meet all reasonable requirements of such fund for the objects and

~purposes for which it was established or where for ,any other reason the trustees desire to extend the objects for which any patriotic fund has

~been established, the Governor in Council.•may, on the application of .the trustees, define such other objects and punposes as he thinks fit r(being objects and purposes for which a patriotic1fund may 'be ,established)

·,to :be objects and purposes of the said fund and thereupOill the moneys, .'se.curities, and property in such fund may be applied and 1l!lsed for all

or c.any of the objects and purposes so defined.

{4) Any trustee of any patriotic fund ;who pays or transfers or au:Vhorises, directs, or permits ,fue payment or transfer of any moneys, :securities, or property out ~of such ,patriotic fund in contravention of

·1flile J}Dnovisions of subsectian ·mre .of this :section shall be liable to a Tlell'alty ,of not less than iarty d0Uars :nor more than two hundred dollars.

:(5'» .liif any money, securiliies for money or :other property, real or per.sonai_. lhas or have been pa:irl ccrr :ttauferred out of a patriotic fund in -oo.ntrawention of the provisions •of this section, the Chief Secretary shaH m.der the trustees who made ;or authorised, directed or permitted such payment or transfer to repay such money, or to pay an amount equal to the value .of .such securities ,or other property, to such fund.

Such trustees shall be jointly and :sever.a11y liable to comply with such order and a copy of such order may, if ith.e :amount iDvolved does not exceed four hundred dollars be :filed in the Magistrates Court at Brisbane, or, if the amount thereof exceeds s!lloh sum, in the Supreme Court, and enforced as an order of the court in which such copy is filed

(13)

12 s. 11 PATRIOTIC FUNDS ACT 1942-1984 s.12

11. Under Secretary may require statements as to fund to be furnished. (1) In addition to any other statements and notices required by this Act to be furnished, the trustees of every patriotic fund shall if thereunto required by the Under Secretary by notice in writing, furnish to the Chief Secretary within the time permitted by the said Under Secretary in such notice, a statement in writing setting forth such particulars as the said Under Secretary requires with respect to-

(a) The amount for the time being in the fund; and

(b) The amount received in aid of the fund, and particulars of any or all of such receipts; and

(c) The amount expended from the fund, and particulars of any or all such expenditure, for the objects and purposes for which the fund was established or for which it may be expended under the authority of this Act; and

(d) The names, addresses, and descriptions of persons to whom moneys in the fund have been paid with the amounts so paid; and

(e) The obligations incurred or undertaken by the trustees of the fund involving future expenditure of the fund with estimates as to the amounts to be so expended; and (f) Such other matters as are prescribed or as the said Under

Secretary requires.

(2) A notice under this section may require such statement of particulars as aforesaid to be furnished for any period of time therein mentioned, or, in the case of such notice requiring such statement of particulars as aforesaid to be furnished from time to time, may define the first and each succeeding period of time thereafter for which such statement is so required.

12. Corporation of the Chief Secretary constituted. (1) The Chief Secretary shall be a corporation sole by the name of "The Corporation of the Chief Secretary," and such corporation sole by that name shall have perpetual succession and an official seal and may sue and be sued and subject to and for the purposes of this Act shall have power to purchase, take, hold, sell, mortgage, lease, take on lease, exchange, or dispose of real and personal property, and to do and suffer all such acts and things as a corporation sole may by law do and suffer.

(2) All courts, judges, justices, and persons acting judicially shall take judicial notice of the official seal of such corporation sole affixed to any document, notice, or other writing and, until the contrary is proved, shall presume that such seal was duly so affixed.

(3) The Corporation of the Chief Secretary shall have and may exercise the powers, duties, and functions conferred or imposed upon such corporation by or under this Act and such other powers, duties, and functions as are conferred or imposed upon such corporation for the purposes of this Act by the Governor in Council.

(14)

s. 13 PATRIOTIC FUNDS ACT 1942-1984 s.13 13

13. Vesting of patriotic funds in the Corporation of the Chief Secretary in certain cases. ( 1) The Governor in Council on the recommendation of the Chief Secretary may, by Order in Council vest in the Corporation of the Chief Secretary any patriotic fund upon being satisfied-

(i) That the trustees of such fund have consented thereto; or (ii) That there has been maladministration or a failure of

administration of such fund; or

(iii) That the trustees of such fund have contravened or failed to comply with the provisions of this Act or any direction, instruction or condition made, given or imposed by the Governor in Council or the Chief Secretary or the Under Secretary, pursuant to this Act.

(2) Any patriotic fund so vested in the Corporation of the Chief Secretary shall be held upon the trusts upon which it was held by the trustees of such fund:

Provided that the Governor in Council may, by Order in Council, vary such trusts and authorize the Corporation of the Chief Secretary to apply the said fund or any part thereof to such other objects and purposes mentioned in the definition "patriotic fund" as he directs; and in any case where the fund has been vested pursuant to paragraph (i) of subsection one of this section the Corporation of the Chief Secretary shall take into consideration any recommendations of such trustees:

Provided further that where an object or purpose to which the Corporation of the Chief Secretary is authorised hereunder to apply such fund or part thereof is an object or purpose of another patriotic fund the Corporation of the Chief Secretary may transfer such fund, or as the case may be, part thereof to the trustees of such other fund and such trustees shall apply same for such object or purpose and, moreover, the receipt or acknowledgment of the person duly authorised to sign receipts or acknowledgments on behalf of such trustees shall be a sufficient discharge to such corporation so transferring such fund or part thereof and the said corporation shall not thereafter be bound to see to the application, distribution, appropriation or use thereof.

(3) For the purposes of this section a failure of administration of a patriotic fund includes a failure, in the opinion of the Governor in Council, by the trustees to apply such fund for the objects and purposes for which it was established.

(4) Every such Order in Council shall have the force of law and such payments and transfers as are necessary shall be made to carry out the Order in Council.

(5) The receipt or acknowledgment of the said corporation shall be a sufficient discharge to the persons paying or transferring any moneys, securities and property in such fund under this section and such persons shall not thereafter be bound to see to the application, distribution, appropriation or use thereo£

(15)

14. Amalgamation of patriotic funds. (1) The Governor in Council on the recommendation of the Chief Secretary may by Order in Council direct that any two or more patriotic funds which he considers-

(i) Have similar objects and purposes; or

(ii) Should, irrespective of the respective objects and purposes of sucfufunds, be amalgamated,

shall be amalgama&d.

(2) The Governor in Council may, in any Order in Council made under this section or in a further Order in Council, give such further directions as he shall think necessary or expedient to carry out the amalgamation of the patriotic funds concerned, including-

( a) The definition of the objects and purposes of the amalgamated fund; and

(b) The appointment of the trustees of the. amalgamated fund.

(3) Every Order in Council and further Order in Council made under this section shall have the force of law and such payments and transfers as are necessary shall be made to carry out the directions of the Governor in Council under this section.

(4) The receipt or acknowledgment of the transferees shall be a sufficient discharge to the persons payin~ or transferring any moneys, securities, and property in any patriotic fund for the purposes of amalgamating such fund with any other patriotic fund or funds pursuant to this section and such persons shall not thereafter be bound to see to the application, distribution, appropriation, or use thereof.

15. Transfer of surplus assets in patriotic fund by Governor in Council. (1) The Governor in Council upon the recommendation of the Chief Secretary may direct that any moneys, securities for money, and property, real or personal in any patriotic fund which he considers will not be required for the objects and purposes for which the fund was established, shall be-

(a) Applied or used by the trustees for any objects or purposes mentioned in the definition "patriotic fund" but not authorised by the trust; or

(b) Transferred to and vested in the trustees of some other patriotic fund; or

(c) Transferred to and vested in the Corporation of the Chief Secretary to be applied or used for the objects and purposes of other patriotic funds or for objects or purposes mentioned in the definition "patriotic fund"; or

(d) Transferred to and vested in any incorporated association of persons or trustees on behalf of any unincorporated association of persons, which association in either case has as its object or one of its objects the benefit of the public or of a substantial part of the public.

(2) Such payments and transfers as are necessary shall be made to carry out the directions of the Governor in Council under this section

(16)

s.16 PATRIOTIC FUNDS ACT 1942-1984 s. 18 15

and the trustees of any patriotic fund are authorized and required to make such payments and transfers.

(3) The receipt or acknowledgment of the transferees shall be a sufficient discharge to the persons paying or transferring any moneys, securities and property in such fund under this section and such persons shall not thereafter be bound to see to the application, distribution, appropriation or use thereof.

(4) In subsection (1) the expression "the public" includes the public within a particular locality of the State.

As amended by Act of 1984, No. 15, s. 3.

16. Power to trustees to transfer patriotic fund to other trustees. (1) The trustees of any patriotic fund may, with the approval of the Governor in Council upon the recommendation of the Chief Secretary, transfer such patriotic fund or any portion thereof to the trustees of any other patriotic fund and the patriotic fund or portion thereof so transferred shall thereupon vest in the trustees of such other patriotic fund.

(2) The receipt or acknowledgment of the person duly authorised to sign receipts or acknowledgments on behalf of the trustees to whom such patriotic fund or portion of a patriotic fund is so transferred shall be a sufficient discharge to the persons transferring any moneys, securities, or property, real or personal, comprising such patriotic fund or portion of a patriotic fund, under this section, and such persons shall not thereafter be bound to see to the application, distribution, appropriation, or use thereof.

17. Continuous audit of patriotic funds. ( 1) The trustees of every patriotic fund shall appoint an auditor approved by the Auditor-General to, and such auditor shall, continuously audit, the books and accounts of such patriotic fund.

(2) If at any time no auditor approved by the Auditor-General has been appointed by the trustees of a patriotic fund or there is a vacancy in such office, the Auditor-General may direct such trustees to appoint an auditor so approved.

If the trustees of any patriotic fund thereunto directed by the Auditor-General fail to appoint an auditor approved by the Auditor- General within the time required in such direction, every such trustee shall be liable to a penalty of not more than one hundred dollars and to a further penalty of not more than ten dollars for every day during which such failure continues after conviction.

(3) Every such auditor shall hold office as such during the pleasure of the Auditor-General.

18. Special audit of patriotic fund. The Chief Secretary or the Auditor-General may, at any time and from time to time authorise any

(17)

officer of the Public Service or any accountant to, and any such officer or accountant so authorised may, examine and/or audit the books and accounts of any patriotic fund.

19. Powers of auditor. (1) The person appointed under this Act to audit any patriotic fund or any officer of the Public Service or accountant authorised by the Chief Secretary or the Auditor-General to examine andjor audit any such fund may-

(i) Require the trustees of such fund or any person having the custody or possession thereof, to produce to him all or any books, accounts, vouchers, registers, documents, and writings relating to such fund or the production of which he deems relevant for the purposes of such audit or examination; and (ii) Require the manager or principal officer of any bank with which the trustees of such fund or any of them have deposited any moneys to which this Act refers, and whether in a general or separate trust account or in an account in the name of such trustees or of any one or more of them, to disclose every such account to him; and

(iii) Require any trustee of any patriotic fund or any person having the custody or possession of any book, account, voucher, register, document, or writing relating to such fund to appear before him at such time and place as he shall fix and to then and there answer all such questions as may be put to him by such auditor, officer, or accountant concerning such fund or concerning any other matter or thing necessary for the due execution by such auditor, officer, or accountant of his powers and duties; and

(iv) Require the manager or principal officer of any bank mentioned in paragraph (ii) of this subsection to permit him to make and take away with him copies of or extracts from any account disclosed to him under the said paragraph or of any book, document, or writing relating to such account; and

{v) Make and take away with him copies of or extracts from any book, account, voucher, register, document, or writing hereinbefore mentioned in paragraph (i) of this subsection.

(2) Any trustee of a patriotic fund or manager or principal officer of a bank or other person whomsoever-

(i) Who obstructs or attempts to obstruct the person appointed under this Act to audit such patriotic fund or any officer of the public service or accountant authorised by the Chief Secretary or the Auditor-General to examine and/or audit such fund; or

(ii) Who fails to comply with any requisition made by such auditor, officer or accountant under this section; or

(iii) Who prevents or attempts to prevent such auditor, officer or accountant from making or taking away with him any

(18)

copy of or extract from any book, account, voucher, register, document or writing authorised by this section to be so made and taken away; or

(iv) Who gives a false answer to any question asked qf him by such auditor, officer or accountant under the authority of this section or who fails, neglects or refuses to aiJ,swer any

such question, '

shall be liable to a penalty of not less than four dollars nor more than one hundred dollars and liable to a further penalty of ten dollars for every day during which such offence is continued after conviction.

20. Annual audit report. (1) The auditor of every patriotic fund shall on or before the thirtieth day after-

(i) The thirtieth day of June in every year; and

(ii) The closing or winding up of such fund, or such extended time thereafter as the Auditor-General shall permit furnish to the Auditor-General the following statements and certificates namely:-

(a) A duly audited detailed statement in the form prescribed or, if no form is prescribed, in the form approved or directed by the Auditor-General, setting out all sums received and expended by such trustees on behalf of, or in connection with, such fund during the financial year or part of a financial year ended on such thirtieth day of June or, as the case may be, on the day of the closing or winding up of such fund; and

(b) A statement of the assets of such fund on the last day of such financial year or part of a financial year; and (c) Certificates showing the amount standing to the credit of

such fund in any bank on the last day of such financial year or part of a financial year, the amount of any fixed deposit, and the amount of any inscription of securities held for safe custody on behalf of such fund on such lastmentioned day:

Such statements and certificates shall be accompanied by the report in the prescribed form of such auditor on the transactions of the fund during such financial year or part of a financial year.

(2) Any auditor who fails to comply with any provision of this section or who furnishes any statement certificate or report as aforesaid which is, to his knowledge false in a material particular shall be liable to a penalty of not more than two hundred dollars.

Deciminal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.

21. Powers of Auditor-General. (1) The Auditor-General may require any auditor of a patriotic fund, or the trustees of such fund or any of

(19)

them, or any other person to furnish him, within such time as he shall permit, with all such information and explanations concerning any matter referred to in any report of such auditor upon such fund as the Auditor-General thinks fit or concerning any matter or thing connected with such fund in respect of which the Auditor-General requires such explanation or information.

Moreover the Auditor-General may require such auditor, trustees, trustee, or other person to produce for examination by him any book, account, document, or writing in the possession or under the control of such auditor, trustees, trustee, or person the production and examination of which the Auditor-General deems necessary or relevant to the obtaining of information or particulars as aforesaid.

(2) Any such auditor, trustee, or other person who fails to furnish any explanation or information or to produce and permit the examination of any book, account, document, or writing required by the Auditor- General under this section or who furnishes any such explanation or information which is false in a material particular shall be liable to a penalty of not less than four dollars nor more than forty dollars and, if he continues such failure after conviction, to a further penalty of not more than ten dollars for each and every day during which such failure continues.

22. Power of Chief Secretary to investigate patriotic funds, etc.

(1) Any person thereunto directed by the Chief Secretary, shall make such inspections, investigations, and inquiries as are directed by the Chief Secretary with respect to the administration of any patriotic fund, or with respect to any carnival, fete, art union, entertainment, or any other means (whether of the like nature) for raising money or gifts in kind in aid of or for or in connection with any patriotic fund or any object or purpose mentioned in the definition "patriotic fund," and (without limiting the generality of the power to so inspect, investigate, or inquire) with respect to anything done or omitted to be done or alleged to have been done or omitted to be done by any person where such act or omission or alleged act or omission affects or may affect the administration of any patriotic fund, or any such carnival, fete, art union, entertainment, or other means (whether of the like nature or not) for raising money, or is or may be a contravention of or failure to comply with any provision of this Act, or with respect to the manner in which any person is carrying out or failing to carry out any provision of this Act.

(2) For the purpose of making any inspection, investigation, or inquiry referred to in this section, the person thereunto directed by the Chief Secretary, sha.U. bave and may exercise all of the powers, authorities, protection, and jurisdi¢tion of a Commission under "The Official Inquiries Evidence Acts, 1910 to 1929," and may enter and inspect any building premises, or place the entry and inspection whereof appears requisite for the purposes of such inspection, investigation, or inquiry.

(20)

(3) When the Chief Secretary has directed any inspection, investigation, or inquiry to be made by any person, such person· shall as soon as possible furnish a full report tl!preon to the Chief Secretary.

23. Proceeds of carnivals, etc., to be accounted for. ( 1) Every person who has raised moneys in aid of any patriotic fund by means of a carnival, fete, art union, entertainment or any other means (whether of the like nature or riot) for raising money ::shall, when . remitting the money so raised to such patriotic fund, furnish ·to the secretary or other administrative officer of such patriotic fund :a _statement in writing of all receipts and expenses in respect of such -carnival, fete, art , union, entertainment or other means for raising money and with properly acquitted vouchers for all such expenses.

(2) Any person who fails to furnish any statement or properly acquitted voucher required, by this section or \Who furniShes any such statement or voucher which is false in a material particular shall be liable to a penalty of not more than one hundred dollars.

Decimal currency reference,.substituted pursuant to section 7 rof Decimal Currency Act of 1965.

24. Inoperative accounts. Where the account l{)f any ;patriotic fund in any bank has not been ·operated upon for a period of twelve months, the manager or other principal officer of such {bank shall, forthwith 'upon the expiration .of such ;period, notify the ChiefSecretacy in writing

·of such fact.

25. Bank to furnish certain information ~ U111der Secretary. (1) .Notwithstanding anything·in :this or any other Act ,or .in any law, custom

·or contract to the contrary, the manager or other principal officer of a bank shall, when so required in writing by the Under Secretary, furnish to the Under Secretary such informatien as the Under Secretary requires with respect to-

(a) What accounts are entered in the books .of such bank in respect of patriotic funds or of any particular patriotic fund (whether so entered as patriotic fund accounts or under any other name or designation); and

(b) What sums of money are credited to any such account; and (c) What securities for money and what other property are or is held by such bank for or on behalf of any patriotic fund or as security for advances to any patriotic fund.

(2) No banking company shall incur any liability whether in respect of any breach of trust or otherwise by reason only of the furnishing of any information pursuant to this section.

26. When bank to stop transactions upon patriotic fund. ( 1) The manager or other principal officer of a bank shall, if so required in writing by the Under Secretary, refuse to permit any transactions in respect of the account of any patriotic fund in such bank excepting deposits to the credit of such account.

(21)

(2) Such requisition may be made by the Under Secretary if, in his opinion, it is necessary to prevent transactions in the account in question in order to secure compliance with any Order in Council or direction made or given by the Governor in Council under this Act, or to prevent a contravention of or the continuance of a contravention of any provision of this Act.

(3) No banking company shall incur any liability whether in respect of any breach of trust or otherwise by reason of refusing to permit any transaction in any account pursuant to a requisition as aforesaid by the Under Secretary.

27. Change of name of patriotic fund. (1) The name of a patriotic fund shall not be changed except by direction or with the permission of the Governor in Council.

(2) Every application for permission to change the name of a patriotic fund shall be made in writing to the Under Secretary, who may require in respect of such application all such information and particulars as he shall think fit.

(3) Where the Governor in Council has defined additional objects or purposes to be objects or purposes of a patriotic fund, or there has been any change in the objects or purposes of a patriotic fund, whether by way of limitation or extension, or where for any other reason the Governor in Council is of opinion that the name of a patriotic fund should be changed, the Governor in Council may direct that the name of such patriotic fund shall be changed, and the trustees and all other persons managing and controlling such fund shall comply with such direction.

(4) Where the name of a patriotic fund is changed pursuant to this section, such changed na.me shall be a name approved by the Governor in Council.

(5) Every direction or permission given by the Governor in Council pursuant to this section shall have the force of law.

28. Change of name or in objects of patriotic fund not to affect existing liabilities. A change under or pursuant to this Act of the name and/or in the objects and purposes of a patriotic fund shall not affect any liability or obligation in respect of such fund, or in respect of any moneys, securities for money, or other property, real or personal, in or forming part of such fund existing at the date of such change, or render defective any legal proceedings by or against the trustees of such fund, and any legal proceedings which might have been commenced or continued by or against such trustees immediately prior to the date of such change may be so commenced or continued after such date.

29. Proof of ownership not necessary to estab!ish charge of stealing money from patriotic fund. In any indictment, complaint, or information

(22)

purporting to charge any person with stealing any money raised wholly or in part-

(i) By private or public subscriptions, collections or contributions;

or

(ii) By a carnival, fete, art union, entertainment, or any other means (whether of the like nature or not) for raising money, in aid of any patriotic fund or for or in connection with any object or purpose mentioned in the definition "patriotic fund," it shall be sufficient to aver that such money was money raised in aid of a patriotic fund or for or in connection with an object or purpose mentioned in the definition "patriotic fund," as the case may be, without averring the ownership thereof.

It shall not be necessary for the prosecutor to prove that such money was the property of any person in the proceedings upon such indictment, complaint, or information, provided that such averment is proved.

30. Orders in Council and directions by the Governor in Council.

(1) Where the Governor in Council is empowered by this Act to make an Order in Council such power shall authorise him to make such one or more Orders in Council as he shall deem necessary in the circumstances.

Any such Order in Council may be repealed or modified by a later Order in Council.

(2) Where any payment or transfer of moneys, securities for money, and/or property, real or personal, is required to be made in order to carry out any Order in Council or direction made or given by the Governor in Council pursuant to this Act, the Governor in Council may direct the time within which such payment or transfer is to be made.

(3) Any person thereunto required by an. Order in Council or direction made or given by the Governor in Council pursuant to this Act who fails, neglects, or refuses to make, within the time directed by the Governor in Council, any payment or transfer of moneys, securities for money, or property, real or personal, required to carry out such Order in Council or direction shall be liable to a penalty of not more than one hundred dollars.

(4) For the better enforcement of any Order in Council or direction made or given by the Governor in Council pursuant to this Act, and in addition to and notwithstanding any other provision of this Act in that behalf contained, the Supreme Court may on the application of the Under Secretary make such order as it deems just or necessary in the nature of a mandamus or injunction to compel compliance with or restrain a breach of or a continuance of a breach of such Order in Council or direction and all necessary powers and authorities and

(23)

jurisdiction of the Supreme Court shall apply and extend herein and are vested in the Supreme Court accordingly.

Decimal currency: reference substituted pursuant to .section 7 of Decimal Currency Ac;;t of 1965.

31. Penalties for neglect .to furnish statements. Any person being required·. qy or pursuant to this Act to furnish any statement, _ report, certificate, or other document to the Chief.Secretary or to the Auditor- General or :to the Under Secretary, who-

( a) Fails, neglects, or refuses to .furnish • such statement, report, certificate, or other documen~; <Or

(b) Furnishes :any such -statement, 1report, certificate, or other doc.ument which is false in a~y :material particular,

shall1(unless he prov:es.that he did not kniDw df,:c.onnive at, or cons.ent to such failure, nY,glect, or •refusal or, as :the case may be, falsity) he liable :to a penalty .:of :not less 1than ten cfuillar,s nor more than 1tw.o

-hund~:ed dollars, and jn rthe case -of any sudh.!fl:iilu~, neglect, or refusal to a -funher penalty ;of-not more than ten dOllars :for .every day. during which :such failui:e, 1n~glect, or refusal contilil.ues after .. conviction. ·

De.cimaL .. currency references ssubstitutel:hpursuant to :•section 7 ·of Decimal ·Currenqy

Act of 1965. ·

32. {(it) ;Recovery of p.enalties. ,AJl penalties impuse.d by this . Act may be re_covered in .a .summary ·way :under "1flhe Just.mesA-cts, .1:886 Ito

l932," aoo :proceedings if0r •the recovery there@f may (he instituted 'by any person authorised in \that behalf ::by the Chief SOOJi.e.tary or J~y .any m-ember of the ~Police Fcmae.

(2) General penalty. Any Jil-erson 'Wh(!) contrav.enes or fails to comply with any provision .of this Act shall, if no sp.ecific penalty iis proV:ided, be liable to a --penalt¥ of not more than

,time

hundroo dol.lim.

(3) Proceedings for the recovery .of ;a ;penalty imposed \by this Act may be instituted at any time widrin si:x: months after the oommission of the -offence or within four months after :the commis~ion of fhe offence comes to the knowledge· of the oom_plainant, whichever is ihe Jlater period, hut in no case later than three ye.ans after the commi:ssio» ,of the offence.

(4) When a body corporate commits an offence against this Act the manager, managing director, or other governing officer, by whatever name called, of such body corporate shall also be deemed to commit such offence and to be liable to the penalty prescribed unless he proves that the offence concerned was committed without his knowledge, connivance, or consent.

(5) Notwithstanding anything contained in any other Act, where any person is convicted of an offence against this Act, the penalty to be imposed in respect of such offence shall not be reduced below any prescribed minimum amount of penalty.

Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.

(24)

33. When statements, etc., deemed to be delivered. Any application, statement, notice, certificate, or other document required by this Act to be made, furnished, or delivered to the Chief Secretary or to the Auditor-General or to the Under Secretary, shall be deemed to be so made, furnished, or delivered upon the receipt by the Chief Secretary, Auditor-General, or Under Secretary, as the case may be, of a prepaid letter addressed to him and containing such application, statement, notice, certificate, or document or if the person responsible for delivering same produces the proper receipt from a post office for a prepaid registered letter addressed to the Chief Secretary or to the Auditor- General, or to the Under Secretary, as the case may be, and containing such application, statement, notice, certificate, or document.

34. Regulations. (1) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or convenient to carry out the objects and purposes of this Act.

Without limiting the generality of such power to make same, regulations may be so made with respect to-

(a) Forms under this Act and the purposes for which such forms are to be respectively used;

(b) The books, accounts and records to be kept hi respect of patriotic funds generally or any class of patriotic funds or a particular patriotic fund, the persons responsible for the keeping of the books, accounts and records so prescribed, the form and manner of keeping same, the exemption by the Auditor-General from keeping any prescribed book or account or by the Under Secretary from keeping any prescribed record in respect of any patriotic fund for which, in the opinion of the Auditor-General or, as the case may be, the Under Secretary, books and accounts or records sufficient for the purposes of this Act are kept, and the revocation by the Auditor-General or, as the case may be, the Under Secretary of any such exemption;

(c) Prescribing the form of and controlling and regulating the printing and use of receipt forms, collecting lists or cards used for acknowledging the receipt of moneys subscribed, . collected or contributed or raised by any other means whatsoever in aid of a patriotic fund, and the printing or manufacture of certificates, badges, and other things (whether of the like nature or not), sold or given in exchange, or as a consideration or in acknowledgment of or for such moneys;

(d) Securing the due and proper administration, management and control of patriotic funds generally, or any class of patriotic funds, or any particular patriotic fund;

(e) Regulating and controlling the establishment of branches, sections, or sub-committees of any body or association of persons authorised under this Act to establish a patriotic