Transfers and donations - patriotic funds

The law does not distinguish between a donation and a transfer. The following information applies to both.

Within Victoria

Trustees can transfer patriotic fund assets within the State of Victoria:

  • between patriotic funds
  • to a charitable trust, charitable corporation or a council.

Assets may be transferred to:

  • the trustees of a charitable trust
  • a corporation having charitable objectives
  • a local government council exercising or proposing any power for the relief, assistance or support of any class of persons in special need of help or for any other public purpose.

Outside Victoria

Trustees can transfer patriotic fund assets out of Victoria to a patriotic fund (or equivalent), charitable trust or charitable corporation.

Assets may be transferred to:

  • the trustees of a patriotic fund or equivalent established under the law of the Commonwealth or a Commonwealth state or territory
  • the trustees of a fund or property held in trust for a charitable purpose established in any Commonwealth state or territory
  • any corporation having charitable objectives incorporated under the law of the Commonwealth or a Commonwealth state or territory.

Approval of transfers and donations

Depending on the type of transfer, trustees may require approval from:

  • the Director of Consumer Affairs Victoria
  • the Governor in Council. This is when the Governor of Victoria exercises decision-making power with advice from the Victorian Executive Council (at least two and normally four ministers representing the Victorian Government).

The Minister of Consumer Affairs Victoria must seek advice from the Victorian Veterans Council before recommending that the Governor in Council approve a transfer of patriotic funds.

Consumer Affairs Victoria can help with applications to the Governor in Council, which require very specific legal documentation. For assistance, call 1300 55 81 81.

The table below sets out approvals required for each type of transfer:

Transfer:

Requires:

Patriotic fund form (you must submit to Consumer Affairs Victoria)

To another patriotic fund

  • approval from the Director, Consumer Affairs Victoria

Application to transfer assets from a patriotic fund to the trustees of another patriotic fund (PDF, 28KB)

Within Victoria to a:

  • charitable trust
  • charitable corporation
  • local government council
  • the trustees must determine that the transfer will more successfully accomplish the funds purposes than keeping it within a patriotic fund
  • for transfers not exceeding $50,000 during any six-month period, approval from the Director, Consumer Affairs Victoria
  • for transfers exceeding $50,000 during any six-month period, approval from the Governor in Council

Application to transfer assets from a patriotic fund to the trustees of charitable trust, a charitable corporation or a council (PDF, 29KB)

Out of Victoria to a:

  • patriotic fund (or equivalent)
  • charitable trust
  • charitable corporation
  • approval from the Governor in Council

Application to transfer assets from a patriotic fund outside the state (PDF, 24KB)

Transfer of surplus money

The Governor in Council may direct that any assets not required for the purposes of a patriotic fund be:

  • applied or used by the trustees for purposes in connection with service or duty that are not authorised by the trust deed
  • transferred to the trustees of another patriotic fund
  • with the trustees’ agreement, transferred and vested in the Victorian Veterans Fund or to the trustees of the Shrine of Remembrance.

Last updated: 19/07/2012

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