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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Mount Gambier Hospital Hydrotherapy Pool Fund
Bill 2008
A BILL FOR
An Act to allow for donations for a hydrotherapy pool at Mount Gambier
Hospital to be returned to donors or applied for another purpose.
Contents
1 Short
title
2 Commencement
3 Interpretation
4 Transfer of funds
5 Proposal
for use of funds
6 Procedures for advertising proposal and return of
funds
7 Return of donations
8 Application of remainder and winding up of
trust
9 Expiry of Act
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Mount Gambier Hospital Hydrotherapy Pool
Fund Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, unless the contrary intention appears—
Country Health SA means Country Health SA Hospital
Incorporated established under the Health Care Act 2008;
donor means a person who made a donation to the
Fund;
Fund means the fund held by the Commissioners of Charitable
Funds under section 11 of the Public Charities Funds Act 1935
comprising donations collected by the Mount Gambier and Districts Health Service
Incorporated (now the Mount Gambier and Districts Health Advisory Council Inc)
for the purpose of building a hydrotherapy pool at the Mount Gambier Hospital
(known as "the Mount Gambier Hospital Hydrotherapy Pool Fund") and
interest;
funds proposal means a proposal for the application, at the
Mount Gambier Hospital, of that part of the Fund that is not returned to donors
in accordance with this Act.
(1) Despite the provisions of the Public Charities Funds
Act 1935, the Fund is transferred to Country Health SA.
(2) Country Health SA holds the Fund on trust for the following
purposes:
(a) to return donations and interest to donors in accordance with this
Act;
(b) to apply the remainder of the Fund in accordance with a funds proposal
developed in accordance with section 5.
(3) Country Health SA has all the powers of a trustee under the Trustee
Act 1936 in relation to the trust established under this
section.
(1) Country Health SA must develop, as soon as is reasonably practicable
after the commencement of this Act, in consultation with Mount Gambier and
Districts Health Advisory Council Inc, a funds proposal.
(2) Mount Gambier and Districts Health Advisory Council Inc must
consult, in such manner as it thinks fit, with the community in and around Mount
Gambier on the proposal and may make such submissions as Mount Gambier and
Districts Health Advisory Council Inc thinks fit to Country Health SA following
such consultation.
(3) Country Health SA must not implement a funds proposal under this Act
unless Country Health SA—
(a) having considered any submissions made under subsection (2),
reasonably believes that the proposal is generally supported by the community in
and around Mount Gambier; and
(b) considers that the part of the Fund that is not returned to donors in
accordance with this Act is of an amount sufficient for the implementation of
the proposal.
6—Procedures
for advertising proposal and return of funds
(1) For the purposes of implementing a funds proposal, Country Health SA
must cause to be published in a newspaper circulating generally throughout the
State and in a newspaper circulating in Mount Gambier a notice—
(a) describing the proposal; and
(b) offering to return donations and an amount (determined by Country
Health SA) as interest earned on the donation to donors who request a return of
their donation within the period specified in the notice (being not less than
3 months after the date of publication of the notice); and
(c) informing donors that donations not returned will be held on trust by
Country Health SA to be applied for the purposes of the proposal; and
(d) informing donors of any other matter Country Health SA thinks
fit.
(2) If—
(a) Country Health SA is aware of any donor who has, before the
publication of the notice—
(i) requested the return of their donation; or
(ii) indicated an intention of having their donation returned if the
hydrotherapy pool was not built, and
(b) Country Health SA has, or is reasonably able to obtain, a contact
address for the donor,
Country Health SA must, within 7 days of the publication of the notice
referred to in subsection (1), send a copy of the notice to the
donor.
(1) If, during the period specified in the notice published under
section 6, a request is received for the return of a donation, Country
Health SA must, if reasonably satisfied that the person who made the request is
a donor, pay to the person from the Fund—
(a) the amount determined by Country Health SA to be the donation given by
the donor; and
(b) an additional amount, determined by Country Health SA in accordance
with the policy referred to in subsection (2), as interest on the
donation.
(2) Country Health SA must formulate, in consultation with
Mount Gambier and Districts Health Advisory Council Inc, a policy for
making determinations under subsection (1)(b).
(3) Country Health SA may, for the purpose of determining whether a person
is a donor, and the amount donated, require the person to provide evidence of
those matters or to verify the claim by statutory declaration.
8—Application of
remainder and winding up of trust
(1) Country Health SA must, once all applications for the return of
donations have been dealt with in accordance with section 7, apply the
remainder of the Fund in accordance with the funds proposal developed in
accordance with section 5.
(2) On the application of monies in accordance with subsection (1),
the trust established under section 4 will be taken to have been
revoked.
The Governor may, by proclamation made at any time after revocation of the
trust established under section 4, fix a date on which this Act will
expire.