South Australian Numbered Acts South Australian Numbered ActsSchedule 2—Repeal and transitional provisions
Part 1—Repeal
1—Repeal of Public Charities Funds Act 1935
The Public Charities Funds Act 1935 is repealed.
Part 2—Transitional provisions
In this Part—
Commissioners of Charitable Funds means the body corporate established under the repealed Act.
3—Commissioners continue in office
(1) A person who, immediately before the commencement of this Schedule, holds office as a Commissioner of Charitable Funds under the repealed Act is, on the commencement of this Schedule, taken to continue as a Commissioner under this Act in accordance with Part 2.
(2) The term of office of a Commissioner continuing in office under subclause (1) expires on the day that the Commissioner's term was due to expire in accordance with his or her appointment under the repealed Act.
(3) This clause applies despite any other provision of this Act.
(1) Any property vested, or apparently vested, in the Commissioners of Charitable Funds under the repealed Act immediately before the commencement of this Schedule is taken to be lawfully so vested.
(2) All property vested in the Commissioners of Charitable Funds in accordance with subclause (1) vests in the Board as part of the charitable assets on the commencement of this Schedule.
(1) In so far as the Commissioners of Charitable Funds has, before the commencement of this Act, acted in contravention of, or omitted to act in accordance with—
(a) the repealed Act; or
(b) the terms of a trust,
the action or omission is taken to be valid and to always have been valid.
(2) Property held by the Commissioners of Charitable Funds at any time before the commencement of this Act will be taken to have been properly held.
6—Intellectual Disability Services Council and Metropolitan Domiciliary Care Services trusts
(1) The Board must, on the request of the Minister to whom the Family and Community Services Act 1972 is committed, transfer to that Minister funds held immediately before the commencement of this Schedule by the Commissioners of Charitable Funds—
(a) for the benefit of the public charitable institution listed in Schedule 2 of the repealed Act known as the Strathmont Centre, including any funds held for the benefit of supported accommodation services provided by the Intellectual Disability Services Council; and
(b) for the benefit of Metropolitan Domiciliary Care, including funds held in the Metropolitan Domiciliary Care fund in the 23 series accounts .
(2) Subject to subclause (3), the Minister—
(a) holds the funds transferred under subclause (1) free from any trust to which the funds may have been subject prior to being transferred; and
(b) may apply the funds as the Minister sees fit, including to a body other than the body for whose benefit the funds were held by the Commissioners under the repealed Act, (provided that, in so doing, the Minister complies with the requirements of subsection (3)).
(3) In managing and applying funds transferred under subclause (1) attributable to a particular donor the Minister must—
(a) consider the intent, as far as it may be reasonably ascertained, of the donor; and
(b) so far as is reasonably practicable, apply the funds attributable to the donor in a manner that the Minister considers is most likely to achieve the intention of the donor.
The Governor may, by regulation, make any other provision of a saving or transitional nature consequent on the enactment of this Act, including further provisions relating to the vesting of property.