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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Adelaide Workers' Homes
Bill 2013
A BILL FOR
An Act to provide for the Constitution of Adelaide Workers' Homes
Incorporated.
Contents
1Short title
2Commencement
3Interpretation
4Name of Association
5Constitution
of Association
6Application of this Act
Schedule 1—Constitution
1Interpretation
2Purpose of
Association
3Powers and functions
4Determination by
trustees
5Remuneration of
trustees
6Professional services by
trustees
7Liability of trustee
8Residence of
trustee
9No entitlement to profit
10Dissolution
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Adelaide Workers' Homes
Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, unless the contrary intention appears—
Association has the same meaning as in
Schedule 1;
Indenture has the same meaning as in
Schedule 1.
(1) The Adelaide
Workmen's Homes Incorporated continues in existence as Adelaide Workers'
Homes Incorporated.
(2)
Subsection (1) does
not affect the Association's power to change its name in the future under any
other law or under the Constitution of the Association.
(1) The provisions set out in
Schedule 1 will, on
the commencement of this Act, be taken to be the Constitution of the Association
(the Constitution).
(2) The Association is taken to have always had the powers and functions
set out in the Constitution.
(3) The Association may vary the Constitution provided that the variation
is not inconsistent with the objects of the Indenture.
(1) The provisions of this Act apply in addition to those of the Indenture
and the Associations
Incorporation Act 1985.
(2) Where a provision of this Act is inconsistent with a provision of the
Indenture or of the Associations
Incorporation Act 1985, this Act prevails to the extent of the
inconsistency.
In this Schedule, unless the contrary intention appears—
accommodation means living accommodation of all kinds
including temporary or transitional accommodation;
Association means Adelaide Workers' Homes
Incorporated;
eligible person means any person who, in the opinion of the
trustees, by reason of his or her financial circumstances or other special
needs, should be assisted with the provision of appropriate accommodation and
associated facilities and amenities, having regard to the purposes of the
Association and to the proper and efficient use of the assets and income of the
Association;
Government means the Crown in the right of the Commonwealth
or of the State of South Australia, and includes any Minister, instrumentality
or administrative unit of the Crown in either of those rights;
Indenture means the Deed of Trust set out in the Schedule to
the
Adelaide
Workmen's Homes Incorporated Amendment Act 1933 as amended by that
Act and further amended by the Adelaide
Workmen's Homes Incorporated Amendment Act 1966;
trustees means the trustees for the time being appointed in
the manner provided by the Indenture to administer the trusts of the
Indenture.
The purpose of the Association is to provide a range of accommodation and
associated facilities and amenities throughout the State of South Australia for
occupation by eligible persons being workers, former workers or their
families.
To give effect to its purpose, the Association has the following powers and
functions:
(a) to acquire and dispose of any real or personal property, or any
interest therein;
(b) to solicit and receive donations and testamentary dispositions of
money or any other real or personal property;
(c) to enter into any joint ventures or projects with Government, any
local government body, company or not-for-profit association where the
Association contributes real or personal property, financial assistance or
services to the venture or project;
(d) to borrow moneys and provide such security for borrowed funds as the
trustees consider appropriate;
(e) to invest such of its funds as are not immediately required for its
purpose in accordance with the powers and duties of a trustee under the Trustee
Act 1936 with respect to the investment of the trust
funds;
(f) to let or sell any of the Association's real property to any eligible
person on such terms as the trustees may determine;
(g) to lend moneys or provide other financial assistance to any eligible
person for the purchase of accommodation provided by or with the assistance of
the Association;
(h) with the concurrence of all of the trustees, to change the name of the
Association at any time;
(i) to do all ancillary or incidental things that are necessary or
desirable to enable the Association to carry out its purpose.
In determining—
(a) any rent; or
(b) the terms and conditions of any tenancy; or
(c) financial assistance granted to an eligible person,
the trustees must have regard (where relevant) to—
(d) the eligible person's means and ability to pay the rent or to
discharge any other financial obligation to the Association; and
(e) the market rental value of the premises or the market value and the
terms and conditions prevailing in the market with respect to any other kind of
assistance provided by the Association; and
(f) the ongoing financial viability of the Association; and
(g) any special needs of the eligible person; and
(h) any other matter that is, in the opinion of the trustees, relevant to
the particular case.
(1) The Association may, after 1 January of each calendar year, by
unanimous resolution of all trustees, appropriate an amount from the funds of
the Association, as remuneration for services rendered by each trustee for the
preceding calendar year, and pay the amount so appropriated to the
trustees.
(2) The amount of any such remuneration is to be determined having regard
to factors including—
(a) fees paid for similar services provided by trustees or Board members
of other like charitable bodies; and
(b) the amount of time and the degree of skill required in respect of the
services provided by the trustees; and
(c) the ability of the Association to pay, in the ordinary course of its
business, any proposed amount.
6—Professional
services by trustees
A trustee is not precluded by reason only of holding office as a trustee
from being engaged by the Association (either directly or indirectly via a firm
of which the trustee is a member) to provide services to the Association in
addition to any services rendered by the trustee as a trustee in the
administration of the trusts by the Association and from receiving reasonable
remuneration for those services.
(1) No civil liability attaches to a trustee for an act or omission in
good faith in the exercise, performance or discharge, or purported exercise,
performance or discharge, of the trustee's or the Association's powers,
functions or duties under the Indenture or this Act.
(2) A liability that would, but for this clause, attach to a trustee
attaches instead to the Association.
A person is not precluded from appointment as a trustee on the basis of
that person's place of residence if that person is ordinarily resident in the
State.
The assets and the income of the Association must be applied solely in
furtherance of the purpose set out in
clause 2 and none
of the assets or income may be distributed, directly or indirectly, or applied
for the benefit of any person or entity except—
(a) an eligible person; or
(b) the trustees in accordance with the provisions of
clause 5;
or
(c) a person receiving the asset or income as bona fide payment for
services rendered or expenses incurred by or on behalf of the Association
(including, without limitation, any payments authorised under
clause 6).
In the event that the Association is wound up for any reason, any surplus
assets remaining after payment of the Association's liabilities must be
transferred to another organisation within Australia—
(a) that has been declared to be, or is otherwise recognised, as a public
benevolent institution for the purposes of any then applicable Commonwealth
taxation Act; and
(b) that the trustees, in their discretion, have determined to have
objects or purposes that are as close as possible to the purposes of the
Association.