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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Jewish Care for a purpose of Jewish Care corresponding with, or similar to, the charitable purposes for which they were originally made or declared.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declared, for a purpose of Jewish Care corresponding with, or similar to, the charitable purposes for which they were originally made or declared. 1 541274 BILL LA CIRCULATION 28/3/2002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. 2