Western Australia
Geraldton Sailors and Soldiers’ Memorial Institute Act 1929
Reprint 1: The Acts as at 9 May 2003
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Endnotes, Compilation table
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2.Validation, transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
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2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
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Reprinted under the Reprints Act 1984 as |
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Western Australia
Geraldton Sailors and Soldiers’ Memorial Institute Act 1929
CONTENTS
1.Short title2
2.Interpretation2
3.Incorporation dissolved2
4.Trustees to be a corporate body3
5.Land, chattels and money vested in trustees4
6.Trustees’ powers4
7.Common seal, affixing of5
8.Registrar of Titles to register trustees as proprietors of land5
9.Trustees’ expenses to be reimbursed5
10.Protection of trustees5
11.Accounts, annual report, and financial statement6
Notes
Compilation table7
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Reprinted under the Reprints Act 1984 as |
at 9 May 2003 |
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Western Australia
Geraldton Sailors and Soldiers’ Memorial Institute Act 1929
An Act to vest the Geraldton Sailors and Soldiers’ Memorial Institute in Trustees and for purposes incidental thereto.
Preamble
WHEREAS the Sailors and Soldiers’ Memorial Institute Incorporated is registered as the proprietor of all those pieces of land being: —
Firstly: Portion of Geraldton town lot 54 and being part of lot 1 on Diagram 3065 now the subject of Diagram 5349, and secondly, portion of Geraldton town lot 54 and being lot 2 on Plan 3065, and being the whole of the land comprised in Certificate of Title Volume 768, Folio 48: And whereas the said
Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in the present Parliament assembled, and by the authority of the same, as follows: —
This Act may be cited as the Geraldton Sailors and Soldiers’ Memorial Institute Act 1929 1.
In this Act —
“The said
“The said
“The trustees” means the trustees for the time being appointed under this Act;
“Returned soldier” means any person who is eligible for membership of “the Returned Sailors’ Soldiers’ and Airmen’s Imperial League of Australia”.
[Section 2 amended by No. 18 of 1956 s. 2.]
The incorporation of the Sailors and Soldiers’ Memorial Institute under the Association Incorporation Act 1895 3, is hereby dissolved: Provided that any and every deed, contract, agreement, act, matter, or thing hereto
4.Trustees to be a corporate body
(1)For the purpose of this Act
(2)The mayor for the time being of the City of Geraldton shall
(ex officio
(3)Two
(4)The remaining 2
(4a)(a)The 2
(b)Subject to paragraph (a), every appointment made by the executive to fill a vacancy occurring by effluxion of time shall be an appointment for a period of 2
(c)A former trustee shall be eligible for appointment.
(5)The Governor may, at any time, exercise the powers of the said
(6)The certificate of the said
[Section 4 amended by No. 18 of 1956 s. 3; No. 14 of 1996 s. 4.]
5.Land, chattels and money vested in trustees
Such land, chattels, and money are hereby vested in the trustees as to the land in fee simple, and as to the chattels absolutely, on the following trusts: —
(a)as to the land and chattels in trust to be used as a club house for all returned soldiers;
(b)as to the money in trust to invest as trust funds may be invested under Part III of the Trustees Act 1962, and to apply the income therefrom in the maintenance, upkeep, improvement, or replacement of the said
[Section 5 amended by No. 1 of 1997 s. 18.]
The trustees are hereby authorised and empowered, with the approval of the Governor, to exercise any of the following powers with relation to the said
(a)to sell the said
(b)mortgage such lands or any portion thereof for the purpose of any security to assure the same to the mortgagee freed and discharged from any such trusts as aforesaid
(c)to lease the land or any portion thereof, notwithstanding such trusts, for any term with or without a right of renewal or option of purchase, and subject to such covenants, conditions, and agreements as they may think fit: Provided, that the trustees may, without the approval of the Governor, lease for a term of not longer than 3
[Section 6 amended by No. 18 of 1956 s. 4.]
The common seal of the trustees shall not be affixed to any instrument except by a majority of the trustees, and the trustees so affixing such common seal shall countersign every such instrument.
8.Registrar of Titles to register trustees as proprietors of land
The Registrar of Titles shall upon application by the trustees enter the trustees under their corporate name as proprietors of the said
9.Trustees’ expenses to be reimbursed
The trustees shall be entitled to be reimbursed in respect of all proper expenses incurred by them as such, but no trustee shall accept any remuneration or reward for his
No trustee shall be liable as such to any creditor of the trustees beyond the property of the trustees in his
11.Accounts, annual report, and financial statement
The trustees shall present to the City of Geraldton annually a financial statement certified by the City’s chief executive officer or auditor, and a report of their proceedings and operations during the year.
[Section 11 amended by No. 14 of 1996 s. 4.]
Notes
1This reprint is a compilation as at 9 May 2003 of the Geraldton Sailors and Soldiers’ Memorial Institute Act 1929 and includes the amendments made by the other written laws referred to in the following table 4. The table also contains information about any reprint.
Short title |
Number and year |
Assent |
Commencement |
Geraldton Sailors and Soldiers’ Memorial Institute Act 1929 |
38 of 1929 |
31 Dec 1929 |
31 Dec 1929 |
Geraldton Sailors and Soldiers’ Memorial Institute Act Amendment Act 1956 |
18 of 1956 |
2 Nov 1956 |
2 Nov 1956 |
Local Government (Consequential Amendments) Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
Trustees Amendment Act 1997 s. 18 |
1 of 1997 |
6 May 1997 |
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Reprint 1: The Geraldton Sailors and Soldiers’ Memorial Institute Act 1929 as at 9 May 2003 (includes amendments listed above) |
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2The reference to the old currency is of historical interest only and so has not been amended under the Decimal Currency Act 1965.
3Repealed by the Associations Incorporation Act 1987.
4This Act shall be read with the following Acts:
Geraldton Sailors and Soldiers’ Memorial Institute Enabling Act 1934.
Geraldton Sailors and Soldiers’ Memorial Institute (Trust Property Disposition) Act 1938.
Related Act:
Geraldton Sailors and Soldiers’ Memorial Institute Lands Vesting Act 1933.
By Authority: JOHN A. STRIJK, Government Printer