Version No. 002
Jewish Care (Victoria) Act 2002
No. 12 of 2002
Version as at 7 December 2007
table of provisions
SectionPage
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SectionPage
1Purposes
2Commencement
3Definitions
4Effect of gifts etc.
5Application of trust funds
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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Version No. 002
Jewish Care (Victoria) Act 2002
No. 12 of 2002
Version as at 7 December 2007
1
Jewish Care (Victoria) Act 2002
No. 12 of 2002
Preamble
(1)Jewish Care (Victoria) Inc. was incorporated on 1February 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
(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:
1Purposes
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.
2Commencement
s. 1
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3Definitions
In this Act—
commencementmeans commencement of this Act;
Jewish Care means Jewish Care (Victoria) Inc. (Association Registration Number A0040705X);
Jewish Community Servicesmeans 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);
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.
4Effect of gifts etc.
s. 4
(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.
(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.
5Application of trust funds
s. 5
(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
(b)for a purpose of Jewish Care corresponding with, or similar to, the charitable purposes for which it was created.
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ENDNOTES
Endnotes
1.General Information
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."
The Jewish Care (Victoria) Act 2002 was assented to on 30 April 2002 and came into operation on 1 May 2002: section 2.
2.Table of Amendments
Endnotes
There are no amendments made to the Jewish Care (Victoria) Act 2000 by Acts and subordinate instruments.
3.Explanatory Details
Endnotes
No entries at date of publication.
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