Version No. 020 Scout Association Act 1932 Act No. 4092/1932




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Version No. 020

Scout Association Act 1932

Act No. 4092/1932

Version incorporating amendments as at 15 July 1999


table of provisions

Section Page



1. Short title 2

2. Definitions 2

3. Incorporation of The Boy Scouts Association, Victorian Branch 4

4. Validation of acts of Corporation and Branch 5

4A. Change of name of Corporation and Branch 6

4B. Corporation and Branch to be subject to direction by National Council etc. 7

5. General powers of the corporation 9

6. Transfer etc. of properties to the corporation 10

7. Powers of corporation and Branch Executive Committee 16

8. Receipt and application of gifts etc. by the corporation 16

9. Custody and use of the seal 18

10. Notice to and service on the corporation 18

11. Protection of names, uniforms, badges etc. used by the corporation and members of its organizations 19

12. Winding-up of Corporation 22

__________________ 23

SCHEDULE 24

Constitution of the Scout Association of Australia Victorian Branch 25

═══════════════ 47



ENDNOTES 48

1.General Information 48

2.Table of Amendments 49

3.Explanatory Details 50


Version No. 020

Scout Association Act 1932

Act No. 4092/1932

Version incorporating amendments as at 15 July 1999


An Act to incorporate the Governing Body of The Boy Scouts Association (Incorporated by Royal Charter) Victorian Branch (Australia), and to confer and impose upon that Body certain Powers Duties Rights and Liabilities and to provide for the vesting in it of the Property of the said Association in Victoria and for other purposes.


Preamble

WHEREAS the Boy Scouts Association (in this Act referred to as "the Association") was duly incorporated in the United Kingdom of Great Britain and Ireland by Royal Charter dated the fourth day of January One thousand nine hundred and twelve:

AND WHEREAS the Association has power under the said Charter to form Local Branches and Committees in all parts of His Majesty's Dominions and to apply for and exercise any powers obtained under any Supplementary Charter or Act of Parliament, Imperial or Colonial and whether Federal or Provincial, which may be deemed expedient for any of the purposes of the Association:

AND WHEREAS for providing and maintaining an efficient organization for promoting the objects of the Association a Local Branch has been formed under the power aforesaid for the State of Victoria:

AND WHEREAS by an instrument known as the "Amended Constitution," containing certain matters which were passed at a special general meeting of the Council of Control of the Australian Boy Scouts Association held at the Town Hall at Melbourne on the twenty-sixth day of May One thousand nine hundred and twenty-four, it was provided inter alia that the name of the said Association should be from the said date "The Boy Scouts Association (Incorporated by Royal Charter) Victorian Branch (Australia)" and that the governing body thereof should be the State Council which should direct the general policy and exercise a general supervision and control over the affairs thereof, and that the State Council should consist of certain members:

AND WHEREAS it is expedient to provide for the incorporation of the said governing body and for conferring and imposing upon that body the powers duties rights and liabilities hereinafter provided for and for the vesting in it of the property of the Association in Victoria and for the management of such property as hereinafter enacted and to make further provision as hereinafter enacted:



BE IT THEREFORE ENACTED by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

S. 1 amended by No. 9878 s. 13(2).

1. Short title

s. 1

This Act may be cited as the Scout Association Act 1932.

S. 2 substituted by No. 9878 s. 3.

2. Definitions

In this Act, unless inconsistent with the context or subject-matter—



"appointed day" means the day fixed by Order made and published pursuant to section 4B(3);

"Australian Association" means the Scout Association of Australia (formerly known as "the Australian Boy Scouts Association") incorporated by Royal Charter dated 23 August 1967;

"Branch" means the Scout Association of Australia, Victorian Branch;

"Branch Executive Committee" means the Executive Committee established under the document, a copy of which is set out in the Schedule, as from time to time amended;

"British Association" means the Scout Association (formerly known as "the Boy Scouts Association") incorporated by Royal Charter dated 4 January 1912;

"Constitution" means the Constitution of the Branch, a copy of which is set out in the Schedule and includes any amendments from time to time made to that document;

"corporation" means the body incorporated by this Act;

s. 2

"National Council" means the National Council of the Australian Association established under Royal Charter dated 23 August 1967;

"National Executive Committee" means the National Executive Committee of the Australian Association established under Royal Charter dated 23 August 1967;

"sponsored group" means a group registered with the Corporation as a sponsored group by any organization approved by the Australian Association or the Corporation responsible;

"sponsoring authority" means the person or committee appointed by an organization which has registered a group as a sponsored group to exercise the functions of the organization in respect of the group.

S. 3 amended by No. 9878 s. 4(a).

3. Incorporation of The Boy Scouts Association, Victorian Branch

s. 3

(1) Without further or other authority than this Act, the members at the commencement of this Act of the hereinbefore recited State Council of The Boy Scouts Association (Incorporated by Royal Charter) Victorian Branch (Australia) shall upon the commencement of this Act become and the members for the time being of the said State Council shall thereafter be and continue a body corporate by the name of "The Boy Scouts Association, Victorian Branch" with perpetual succession and a common seal (with power to break alter and change the same from time to time); and shall by that name be capable in law of suing and being sued and subject to this Act of purchasing taking holding selling mortgaging leasing taking on lease exchanging and disposing of real and personal property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

S. 3(2) inserted by No. 9878 s. 4(b).

(2) On and from the date of commencement of the Scout Association Act 1983, a reference in sub-section (1) to "The Boy Scouts Association, (incorporated by Royal Charter) Victorian Branch" shall be deemed to be a reference to "The Scout Association of Australia, Victorian Branch Council".

S. 3(3) inserted by No. 9878 s. 4(b).

(3) The body corporate mentioned in sub-section (1) has under its new name the same capacity as it had under its former name.

S. 4 substituted by No. 9878 s. 5.

4. Validation of acts of Corporation and Branch

s. 4

(1) All acts, matters and things transacted or done by or on behalf of the Corporation or in relation to the Branch on or after 15 December 1958, being acts, matters or things which were done or transacted in purported pursuance of a direction, decision or ruling of the Australian Association, the National Council or the National Executive Committee or of the Royal Charter dated 23 August 1967 or any by-law or instrument made thereunder, shall notwithstanding anything to the contrary in this Act or in the Royal Charter dated 4 January 1912 be deemed to have been validly and effectually done or transacted and to have been within the capacity and powers of the Branch or the Corporation (as the case requires).

(2) The provisions of—

(a) the Royal Charter dated 4 January 1912, other than the provision empowering the British Association to form local branches and committees in the Dominions; and

(b) any by-laws made under the Royal Charter mentioned in paragraph (a)—

shall, so far as they relate to local branches of the British Association, cease to apply to the Corporation and the Branch.

(3) For the purposes of that provision of the Royal Charter dated 4 January 1912 which empowers the British Association to form local branches and committees in the Dominions, the Branch shall be regarded as a local branch.



S. 4A inserted by No. 9878 s. 5.

4A. Change of name of Corporation and Branch

s. 4A

(1) The Branch Executive Committee may change the name of the Corporation or the name of the Branch by resolution of the Committee passed at a meeting of the Committee by a majority of the members of the Committee.

(2) The Branch Executive Committee shall not resolve to change the name of the Corporation or the Branch pursuant to sub-section (1) unless the proposal to change the name of the Corporation or the Branch has been approved by the National Council at a general meeting.

(3) Any change of the name of the Corporation or the Branch shall not affect the identity of the Corporation or the Branch or any rights or obligations of the Corporation or the Branch or any legal proceedings by or against the Corporation or the Branch, and any legal proceedings that might have been commenced or continued by or against the Corporation or the Branch by its former name may be commenced or continued by or against the Corporation or the Branch by its new name.

(4) Where the name of the Corporation or the Branch is changed pursuant to this section, any reference in this Act or in any Royal Charter or other instrument or document or in any legal proceedings to the Corporation or the Branch by its former name shall from the date on which the change takes effect be deemed to be a reference to the Corporation or the Branch by its new name.



S. 4B inserted by No. 9878 s. 5.

4B. Corporation and Branch to be subject to direction by National Council etc.

s. 4B

(1) The Corporation and the Branch are subject to—

(a) the provisions of—

(i) the Royal Charter dated 23 August 1967;

(ii) by-laws for the time being in force under the Royal Charter mentioned in sub-paragraph (i); and

(iii) any decision or ruling of the National Council or the National Executive made pursuant to the Royal Charter mentioned in sub-paragraph (i) or the by-laws mentioned in sub-paragraph (ii)—

which relate to the policy of the scout movement and the control of scouting or to the branches of the Australian Association generally or the Branch or the Corporation in particular; and

(b) the direction and control of the National Council and the National Executive Committee.

(2) Where a provision or direction mentioned in sub-section (1) is inconsistent with a provision of the Constitution, the provision of the Constitution shall, to the extent of the inconsistency, be inoperative.

(3) Subject to sub-section (2), the provisions of the Constitution and the documents mentioned in the Constitution shall on and from a day to be fixed by Order of the Governor in Council published in the Government Gazette have effect in relation to the Branch, the Corporation and the Executive Committee.

(4) The Corporation shall keep at a place appointed by it—

(a) a copy of the Royal Charter dated 23 August 1967 and any subsequent Royal Charter relating to the Scout Association of Australia;

(b) the documents comprising the Constitution; and

(c) a copy of each document referred to in the Constitution—

and shall certify each of those documents under the seal of the Corporation and shall cause notice of the place at which the documents are kept to be published in the Government Gazette and a newspaper circulating generally throughout Victoria.

(5) In any proceedings the production of a document purporting to be a copy of a document kept pursuant to this section and certified to be a copy of that document under the seal of the Corporation shall be conclusive evidence of the contents of the document of which it purports to be a copy.


S. 5 amended by No. 9878 s. 6(a).

5. General powers of the corporation

s. 5

Subject to this Act, the Royal Charter dated 23 August 1967, the by-laws in force under that Charter and any decision, direction or ruling of the National Council or the National Executive Committee in force under that Charter or those by-laws, the corporation—

S. 5(a) amended by No. 9878
s. 6(b).


(a) shall control the Scout movement in Victoria; and


S. 5(b) amended by No. 9878 s. 6(c)(i)(ii).

(b) may do all things necessary or requisite for providing and maintaining an efficient organization for the purposes of the Australian Association in Victoria, including and without restricting the generality of the foregoing provisions of this section the performance and exercise of all such powers and duties as are delegated to it by the Australian Association under the provisions of the Royal Charter dated 23 August 1967.

6. Transfer etc. of properties to the corporation



s. 6

S. 6(1) amended by No. 9878 s. 7(1)(a)(b).

(1) Any person—

(a) who at the commencement of this Act holds;

(b) who hereafter acquires; or

(c) to whom is or has been given devised or bequeathed—

any real or personal property in Victoria upon trust for or on behalf of or for the benefit of the British Association or the Australian Association or a branch of the British Association or the Australian Association or any area or county council or district or local association or group or body formed under the Policy Organization and Rules of the British Association or Australian Association or any committee of the British Association or the Australian Association in Victoria shall (if and when required by notice in writing from the corporation so to do) transfer convey and assign unto the corporation at its cost such real or personal property as aforesaid but subject to any conditions or trust upon which the same is held acquired given devised or bequeathed.


S. 6(1A) inserted by No. 9878 s. 7(2).

(1A) Where pursuant to this section or an order made under this section property is transferred, conveyed or assigned to or vested in the Corporation upon trust or subject to the condition that the property be held for or on behalf of or for the benefit of the British Association, the Corporation may notwithstanding that trust or condition apply and use the property for or on behalf of or for the benefit of the Australian Association but otherwise in accordance with the trust or condition as if a reference in the trust or condition to the British Association were a reference to the Australian Association, and the trust or condition shall have effect accordingly, unless an order under this section provides in respect of particular property that this sub-section shall not apply.

(2) Any notice requiring the transfer conveyance or assignment of any such real or personal property—



(a) shall be signed by the general secretary or other authorized officer of the corporation; and

s. 6

(b) shall be deemed to have been properly served upon and received by the person or persons to whom it is addressed at the expiration of three days after it has been forwarded by registered post addressed to such person or in the case of joint holders then to one of such joint holders at his usual or last known place of residence in Victoria:

S. 6(2)
Proviso amended by No. 9878 s. 7(3)(a)(b).


Provided that property vested in held by or on behalf of or which is given devised or bequeathed to any sponsored group may subject to any express trust affecting the same be held in trust for such purposes and be disposed of in such manner as the sponsoring authority of such group from time to time determines; but in the event of any such sponsoring authority dealing with any such real or personal property in a manner contrary to the conditions and trusts upon which the same is held the corporation may by notice in writing given as aforesaid require the organization by which such sponsoring authority was appointed or the sponsoring authority to transfer convey and assign such real or personal property to the corporation.

S. 6(3) amended by No. 9878 s. 7(3)(b).

(3) Upon service of any such notice as aforesaid the real or personal property in respect of which such notice has been given shall immediately vest in the corporation but subject as aforesaid to any conditions and trusts upon which it is held and any person organization or sponsoring authority served with such notice shall be immediately divested of such real and personal property mentioned therein.

S. 6(4) amended by No. 9878 s. 7(3)(b).

(4) Any person organization or sponsoring authority served with any such notice aforesaid may apply by summons to a judge of the Supreme Court for an order that any such transfer conveyance or assignment of any such real or personal property shall be subject to such terms and conditions as the judge may determine are just and equitable having regard to all the circumstances of the case.

S. 6(5) amended by No. 9878 s. 7(4)(a)–(c).

s. 6

(5) In the event of the person organization or sponsoring authority holding as aforesaid any real or personal property (other than land under the Transfer of Land Acts) the legal interest in which is transferable or assignable by deed or other document in writing after service upon him or it requiring him or it so to do refusing or neglecting to execute a conveyance or an assignment thereof to the corporation or in the event of the whereabouts of any such person being unknown—

S. 6(5)(a) amended by No. 9878 s. 7(4)(b).

(a) the corporation may apply to a judge of the Supreme Court for an order directing the Prothonotary of the Supreme Court to execute for and on behalf of such person organization or authority a conveyance or an assignment of such real or personal property to the corporation; and

S. 6(5)(b) amended by No. 9878 s. 7(4)(b).

(b) upon proof to the satisfaction of such judge—


S. 6(5)(b)(i) amended by No. 9878 s. 7(4)(a)(c).

(i) that such real or personal property is held by such person organization or sponsoring authority upon trust for or on behalf of or for the benefit of the British Association or the Australian Association or a branch of the British Association or the Australian Association or any area or county council, district or local association or group or body as aforesaid or any committee thereof as aforesaid;

s. 6

(ii) that notice as aforesaid requiring such person organization or sponsoring authority to convey or assign such real or personal property has been given in manner herein provided; and

S. 6(5)(b)(iii) amended by No. 9878 s. 7(4)(a).

(iii) that such person organization or sponsoring authority refuses or neglects to execute such conveyance or assignment as aforesaid or that the whereabouts of such person is unknown—

the judge may make such order and the said Prothonotary shall thereupon do and perform all such acts and things as may be necessary to convey or assign such real or personal property to the corporation but subject as to any real property to any charge mortgage lease or easement then affecting the same and to the trusts on which it was held by such person organization or sponsoring authority.



S. 6(6) amended by No. 9878 s. 7(5)(a)(b).

(6) Any person in Victoria who has at any time acquired real or personal property by using the name of the British Association or the Australian Association or of any branch of the British Association or the Australian Association or of any area or county council, district or local association or group or body formed as aforesaid and who is in possession of or otherwise holds such real or personal property shall be deemed to be a person holding such real or personal property upon trust for or on behalf of or for the benefit of such British Association or Australian Association or branch of the British Association or the Australian Association or area or county council or district or local association or group or body formed as aforesaid.

(7) Any liabilities in respect of any real or personal property which may hereafter become vested in the corporation by virtue of the provisions of this section may thereupon be enforced against the corporation.



S. 6(8) amended by No. 9878 s. 7(6)(a)(b).

s. 6

(8) Any rights accrued or accruing or to accrue to any person in Victoria on behalf of the British Association or Australian Association are and shall be hereby vested in and may be enforced by the corporation on behalf of the British Association or the Australian Association (as the case may be).

S. 6(9) inserted by No. 9878 s. 7(6)(b).

(9) For the purposes of this Act—

(a) a group that was a controlled group within the meaning of this Act as in force immediately before the date of commencement of the Scout Association Act 1983 shall on and from that date be deemed to be a sponsored group; and


(b) a person or committee that was a controlling authority within the meaning of this Act as in force immediately before the date of commencement of the Scout Association Act 1983 shall on and from that date be deemed to be a sponsoring authority.
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