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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Lady Kintore Cottages (Trust Property) Amendment
Bill 2013
A BILL FOR
An Act to amend the Lady
Kintore Cottages Act 1920.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Lady Kintore
Cottages Act 1920
4Amendment of section 3—Trusts of
property
5Insertion of section 7
7Change in corporate structure of
Society—references
Schedule 1—Transitional
provisions
1Preliminary
2Validation of acts of
Society
3Immunity from liability for breach of
trust
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Lady Kintore Cottages (Trust Property)
Amendment Act 2013.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Lady Kintore Cottages
Act 1920
4—Amendment
of section 3—Trusts of property
Section 3(1)—delete "purpose of providing homes for indigent
widows and deserted wives and their families in this State, and for no other
purpose." and substitute:
purpose of—
(a) administering
relief and providing affordable housing and other assistance to sick or
disadvantaged people in the State; and
(b) undertaking all such things or activities which are necessary,
incidental or conducive to the advancement of the purpose referred to in
paragraph (a).
After section 6 insert:
7—Change in corporate structure of
Society—references
If the Society becomes registered as a company limited by guarantee under
the Corporations Act 2001 of the Commonwealth, or transfers the
whole of its assets and undertaking to such a company—
(a) all references in this Act to the Adelaide Benevolent and Strangers'
Friend Society Incorporated and to the Society will be taken to be references to
the relevant company; and
(b) all references in this Act to the Society's rules will be taken to be
references to the relevant company's constitution.
Schedule 1—Transitional
provisions
In this Schedule—
Society means the Adelaide Benevolent and Strangers' Friend
Society, Incorporated.
2—Validation
of acts of Society
Despite section 3 of the Lady
Kintore Cottages Act 1920 as in force immediately before the
commencement of this Act—
(a) the exercise or purported exercise of a power by the Society in
relation to the provision of money, property or any other benefit; and
(b) the provision or purported provision of money, property or any other
benefit,
before the commencement of this Act for the purpose of administering relief
or providing affordable housing and other assistance to sick or disadvantaged
people in the State—
(c) has the same force and effect as if the relevant exercise of the power
or provision of money, property or other benefit had occurred after the
commencement of this Act; and
(d) must be taken to be, and always to have been, an exercise or a
provision for a valid and lawful purpose of the trust in accordance with the
rules of the Society.
3—Immunity
from liability for breach of trust
Despite section 3 of the Lady
Kintore Cottages Act 1920 as in force immediately before the
commencement of this Act, no liability attaches to a person for breach of trust
by virtue of—
(a) the exercise or purported exercise of a power by the Society in
relation to the provision of money, property or any other benefit; or
(b) the provision or purported provision of money, property or any other
benefit,
before the commencement of this Act, if the relevant exercise of the power
or provision of money, property or other benefit was for the purpose of
administering relief or providing affordable housing and other assistance to
sick or disadvantaged people in the State.