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
- Minister for Consumer Affairs, Gaming & Liquor Regulation
- 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 must seek advice from the Victorian Veterans Council before recommending that the Governor in Council approve a transfer of patriotic funds.
We can help with applications to the Governor in Council, which require very specific legal documentation. For assistance, email cav.registration.enquiries@justice.vic.gov.au.
The table below sets out approvals required for each type of transfer:
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Transfer:
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Requires:
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Patriotic fund form (you must submit to Consumer Affairs Victoria)
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To another patriotic fund
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- approval from the Director, Consumer Affairs Victoria
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Patriotic fund - Change of details or transfer of assets (online form)
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Within Victoria to a:
- charitable trust
- charitable corporation
- local government council
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- the trustees must determine that the transfer will more successfully accomplish the funds purposes than keeping it within a patriotic fund
- for transfers of up to $50,000 during any six-month period, approval from the Director, Consumer Affairs Victoria
- for transfers of more than $50,000 during any six-month period, approval from the Governor in Council
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Patriotic fund - Change of details or transfer of assets (online form)
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Out of Victoria to a:
- patriotic fund (or equivalent)
- charitable trust
- charitable corporation
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- for transfers of up to $1,000, approval from the Director of Consumer Affairs Victoria
- for transfers of $1,001 to $5,000, approval from the Minister for Consumer Affairs
- for transfers exceeding $5,000, approval from the Governor in Council
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Patriotic fund - Change of details or transfer of assets (online form)
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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.