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Jewish Care (Victoria) Bill
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 sets out the purpose of the proposed Act.
Clause 2 provides that the proposed Act will commence operation on the
day after the day on which it receives the Royal Assent.
Clause 3 provides for definitions of particular terms and concepts in the
proposed Act.
Clause 4 provides for gifts, dispositions or trusts of property made in
favour of, or for a charitable purpose of, Jewish Community
Services or Montefiore Homes (whether made by deed, will or
otherwise) to be vested in Jewish Care.
Sub-clause (1) deals with gifts, dispositions or trusts of property
made or declared before the commencement of the proposed Act.
Paragraph (a) provides that those gifts, dispositions or trusts of
property do not fail merely because Jewish Community Services
and Montefiore Homes no longer exist.
Paragraph (b) provides that to the extent that those gifts,
dispositions or trusts of property are capable of taking effect on
or after the commencement of the proposed Act, they vest in
favour of Jewish Care for a purpose of Jewish Care
corresponding with, or similar to, the charitable purposes for
which they were originally made or declared.
Sub-clause (2) deals with gifts, dispositions or trusts of property
made or declared on or after the commencement of the proposed
Act.
Those gifts, dispositions or trusts of property are vested in Jewish
Care, when they are made or declared, for a purpose of Jewish
Care corresponding with, or similar to, the charitable purposes
for which they were originally made or declared.
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541274 BILL LA CIRCULATION 28/3/2002
Clause 5 provides for trust funds created in favour of, or for a charitable
purpose of, Jewish Community Services or Montefiore Homes
(whether made by deed, will or otherwise) to be vested in Jewish
Care.
Sub-clause (1) deals with trust funds created before the
commencement of the proposed Act.
Paragraph (a) provides that those trust funds do not fail merely
because Jewish Community Services and Montefiore Homes no
longer exist.
Paragraph (b) provides that to the extent that those trust funds are
capable of being applied on or after the commencement of the
proposed Act, they may be applied as if they were created in
favour of Jewish Care for a purpose of Jewish Care
corresponding with, or similar to, the charitable purpose for
which they were originally created.
Sub-clause (2) deals with trust funds created on or after the
commencement of the proposed Act and provides that they may
be applied as if they were created in favour of Jewish Care for a
purpose of Jewish Care corresponding with, or similar to, the
charitable purposes for which they were originally created.
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