Jewish Care (Victoria) Act 2002

i Jewish Care (Victoria) Act 2002 Act No. 12/2002 TABLE OF PROVISIONS Section Page 1. Purposes 2 2. Commencement 2 3. Definitions 2 4. Effect of gifts etc. 3 5. Application of trust funds 4 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 Jewish Care (Victoria) Act 2002 † [Assented to 30 April 2002] Preamble (1) Jewish Care (Victoria) Inc. was incorporated on 1 February 2001 as a result of the amalgamation of— (a) Jewish Community Services Inc. which was incorporated on 1 July 1998 (and was formerly known as Jewish Welfare Society Inc.); and (b) Montefiore Homes for the Aged Inc. which was incorporated on 28 June 1991. (2) Jewish Care (Victoria) Inc. continues to provide all of the services that were provided before the amalgamation by Jewish Community Services Inc. and Montefiore Homes for the Aged Inc. (3) It is intended that Jewish Care (Victoria) Inc., and the Jewish community generally, be able to benefit from certain— (a) property given for charitable purposes to; and Victoria No. 12 of 2002 -- 2 of 7 -- Act No. 12/2002 Jewish Care (Victoria) Act 2002 2 (b) trust funds created in favour of— Jewish Community Services Inc., Montefiore Homes for the Aged Inc. or the predecessors of those bodies. The Parliament of Victoria therefore enacts as follows: 1. Purposes The purposes of this Act are to provide— (a) for the vesting in Jewish Care of certain property; and (b) that certain trust funds may be applied as if created in favour of Jewish Care. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Definitions In this Act— "commencement" means commencement of this Act; "Jewish Care" means Jewish Care (Victoria) Inc. (Association Registration Number A0040705X); "Jewish Community Services" means Jewish Community Services Inc. (formerly registered as Association Registration Number A0016295J) and includes its predecessors— (a) Jewish Welfare Society Inc.; and (b) Australian Jewish Welfare and Relief Society (a company limited by guarantee); s. 1 -- 3 of 7 -- Act No. 12/2002 Jewish Care (Victoria) Act 2002 3 "Montefiore Homes" means Montefiore Homes for the Aged Inc. (formerly registered as Association Registration Number A0023351G) and includes its predecessors— (a) Melbourne Jewish Philanthropic Society; and (b) Melbourne Jewish Philanthropic Society and Montefiore Homes for the Aged; "property" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; "will" includes a codicil and any testamentary disposition. 4. Effect of gifts etc. (1) A gift, disposition or trust of property that before the commencement has been, or is taken to have been, made or declared (whether by deed, will or otherwise) to, in favour of, or for a charitable purpose of, Jewish Community Services or Montefiore Homes— (a) is taken not to fail merely because those bodies no longer exist; and (b) if it is capable of taking effect to any extent on or after the commencement, takes effect to that extent on and after the commencement as if it were made or declared— (i) to or in favour of Jewish Care; and (ii) for a purpose of Jewish Care corresponding with, or similar to, the charitable purposes for which it was, or was taken to be, made or declared. s. 4 -- 4 of 7 -- Act No. 12/2002 Jewish Care (Victoria) Act 2002 4 (2) A gift, disposition or trust of property that on or after the commencement is, or is taken to be, made or declared (whether by deed, will or otherwise) to, in favour of, or for a charitable purpose of, Jewish Community Services or Montefiore Homes takes effect when it is, or is taken to be, made or declared as if it were made or declared— (a) to or in favour of Jewish Care; and (b) for a purpose of Jewish Care corresponding with, or similar to, the charitable purposes for which it is, or is taken to be, made or declared. 5. Application of trust funds (1) A trust fund that before the commencement has been created (whether by deed, will or otherwise) in favour, or for a charitable purpose, of Jewish Community Services or Montefiore Homes— (a) is taken not to fail merely because those bodies no longer exist; and (b) if it is capable of being applied to any extent on or after the commencement, may be applied to that extent on or after the commencement as if it were created— (i) in favour of Jewish Care; and (ii) for a purpose of Jewish Care corresponding with, or similar to, the charitable purposes for which it was created. (2) A trust fund that on or after the commencement is created (whether by deed, will or otherwise) in favour, or for a charitable purpose, of Jewish Community Services or Montefiore Homes may be applied as if it were created— (a) in favour of Jewish Care; and s. 5 -- 5 of 7 -- Act No. 12/2002 Jewish Care (Victoria) Act 2002 5 (b) for a purpose of Jewish Care corresponding with, or similar to, the charitable purposes for which it was created. ═══════════════ s. 5 -- 6 of 7 -- Act No. 12/2002 Jewish Care (Victoria) Act 2002 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 28 March 2002 Legislative Council: 18 April 2002 The long title for the Bill for this Act was "relating to Jewish Care (Victoria) Inc. and for other purposes." Endnotes -- 7 of 7 --