TEMPLE SOCIETY TRUST FUND ACT 1949 & 1965

 

 





 

 



http://www.austlii.edu.au/au/legis/cth/num_act/tstfa1949691949336/

TEMPLE SOCIETY TRUST FUND ACT 1949 
- Reprinted as at 18 December 1965 (HISTACT2 CHAP 477 #DATE 18:12:1965)

TEMPLE SOCIETY TRUST FUND ACT 1949 - TABLE OF PROVISIONS 


TABLE

                  TEMPLE  SOCIETY  TRUST  FUND  ACT  1949

                             TABLE  OF  PROVISIONS
Section
  1.        Short title
  2.        Commencement
  3.        Definitions
  4.        Temple Society Trust Fund
  5.        Advisory Committee
  6.        Application of moneys in Fund
  7.        Exemption from liability
  8.        Regulations

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TEMPLE SOCIETY TRUST FUND ACT 1949 - PREAMBLE 

SECT
An Act to establish a Trust Fund of certain Moneys received by the Government
of the Commonwealth from the Government of the United Kingdom, being Moneys
representing Proceeds of the Realization of Assets of the Temple Society, of
Members of that Society and of certain other persons, and to provide for the
Administration and Application of the Fund.
Preamble. WHEREAS certain members of the communal body called the Temple
Society (formerly of Palestine, the members of which are generally known as
Templars) have immigrated to Australia:

  AND WHEREAS moneys representing proceeds of the realization of assets of
that Society, of members of that Society and of certain other persons who
owned property in Palestine have, under arrangements made for the immigration
to Australia of members of that Society, been paid to the Government of the
Commonwealth by the Government of the United Kingdom and it is expected that
other like moneys will be paid to the Government of the Commonwealth:

  AND WHEREAS it is desirable to make provision for the application of those
moneys:

  BE it therefore enacted by the King's Most Excellent Majesty, the Senate,
and the House of Representatives of the Commonwealth of Australia, as
follows:-

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT. 1. 
Short title. 

SECT
Short title amended; No. 32, 1918, s. 2.
  1. This Act may be cited as the Temple Society Trust Fund Act 1949.*

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT. 2. 
Commencement. 

SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT. 3. 
Definitions. 

SECT
3. In this Act, unless the contrary intention appears-

  ''the Fund'' means the Temple Society Trust Fund established by this Act;

  ''the Society'' means the Temple Society, formerly of Palestine, the members
of which are generally known as Templars.

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT. 4. 
Temple Society Trust Fund. 

SECT
4. (1) There shall be a Temple Society Trust Fund, which shall be
administered by the Minister in accordance with this Act.
Substituted by No. 112, 1965, s. 3.
  (2) There shall be paid to the Fund such amounts as have been or are
received by the Government of the Commonwealth from the Government of the
United Kingdom or otherwise, being-

  (a)  moneys representing proceeds of the realization of, or compensation in
respect of the expropriation of, assets of the Society, of members of the
Society or of other persons who owned property in Palestine or Israel; or

  (b)  interest on moneys referred to in the last preceding paragraph.


  (3) The Temple Society Trust Fund shall form part of the Trust Fund referred
to in section sixty of the Audit Act 1901-1948, and the provisions of that Act
relating to the Trust Fund shall extend to that portion of the Trust Fund
which comprises the Temple Society Trust Fund.


  (4) The income received from the investment of any portion of the Fund shall
be paid to and form part of the Fund.

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT. 5. 
Advisory Committee. 

SECT
5. (1) There shall be an Advisory Committee consisting of-

  (a)  a representative of the Department of Immigration;

  (b)  a representative of the Department of the Treasury; and

  (c)  a representative of the Attorney-General's Department,
to advise the Minister with respect to the application of the moneys standing
to the credit of the Fund.
  (2) The members of the Advisory Committee shall be appointed by the
Minister. 

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT. 6. 
Application of moneys in Fund. 

SECT
Sub-section (1) substituted by No. 112, 1965, s. 4.
  6. (1) The moneys standing to the credit of the Fund may be applied by the
Minister-

  (a)  in making payments, on such terms and conditions as the Minister thinks
fit, to, or for the benefit of, persons referred to in paragraph (a) of
sub-section (2) of section four of this Act, whether those persons are in or
outside Australia;

  (b)  in making, on such terms and conditions as the Minister thinks fit,
such other payments to persons in or outside Australia as the Minister
considers to be just having regard to-

       (i)  the considerations set out in the Preamble to this Act;

      (ii)  the former ownership of assets in relation to which moneys have
been received by the Fund; and

      (iii)  any relevant agreement under which moneys paid to the Fund were
or are paid to the Government of the Commonwealth; or

  (c)  in meeting expenses incurred by the Commonwealth in connexion with, or
as incidental to-

       (i)  the administration of the Fund;

      (ii)  negotiations for the payment of moneys to the Government of the
Commonwealth for payment into the Fund; or

      (iii)  the immigration to Australia of, or the rehabilitation of,
persons to whom, or for whose benefit, a payment has been or may be made out
of the Fund.
  (2) Where the Minister is satisfied that there is no person in Australia who
is justly entitled to any moneys forming part of the Fund, those moneys may be
refunded to the Government from which, or the person from whom, they were
received.

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT. 7. 
Exemption from liability. 

SECT
7. The Commonwealth or the Minister shall not be subject to any liability in
connexion with anything done or omitted to be done in re- lation to the Fund
or in relation to any payment of money in pursuance of this Act.

TEMPLE SOCIETY TRUST FUND ACT 1949 - SECT. 8. 
Regulations. 

SECT
8. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters which by this Act 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.
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TEMPLE SOCIETY TRUST FUND ACT 1949 - NOTE 
NOTE
1.  The Temple Society Trust Fund Act 1949 comprises the Temple Society
Trust Fund Act 1949 as amended by the other Act specified in the following
table:
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                                Number                       Date of
    Act                         and year        Date of
                                                Assent       commencement
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    Temple Society Trust
    Fund Act 1949               No. 69, 1949    28 Oct 1949  28 Oct 1949
    Temple Society Trust
    Fund Act 1965               No. 112, 1965   18 Dec 1965  28 Oct 1949
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