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This is a Bill, not an Act. For current law, see the Acts databases.


MOUNT GAMBIER HOSPITAL HYDROTHERAPY POOL FUND BILL 2009

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:

1—Short title

This Act may be cited as the Mount Gambier Hospital Hydrotherapy Pool Fund Act 2008.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Interpretation

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.

4—Transfer of funds

(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.

5—Proposal for use of funds

(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.

7—Return of donations

(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.

9—Expiry of Act

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.

 


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