Health Services Charitable Gifts Act 2011 (SA)

South Australia Health Services Charitable Gifts Act 2011 An Act to establish the Health Services Charitable Gifts Board; to provide for the administration of gifts to public health entities; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Public health entity Part 2—Health Services Charitable Gifts Board 5 Establishment of Board 6 Removal from office 7 Casual vacancies 8 Acting Commissioner 9 Procedures 10 Vacancies or defects in appointment of Commissioners 11 Remuneration 12 Executive officer 13 Staff of Board 14 Payment of remuneration, expenses etc Part 3—Functions of Board 15 Functions 16 Certain gifts vest in Board as part of charitable assets 17 Public health entity may transfer property to the Board 18 Application of charitable assets 19 HAC may apply to transfer property to Board 20 Board may establish charitable health trusts 21 Board may act as trustee or co‑trustee 22 Trusts administered by Board 23 Board to meet with public sector employee nominated by Minister Part 4—Miscellaneous 24 Advisory committees 25 Town Acre 86 fund 26 Board to transfer specified property to HAC on application 27 Duty of Registrar‑General 28 No duty or tax payable 29 Accounts and audit 30 Reports 31 Delegations 32 Regulations Schedule 1—Specified bodies 1 Specified bodies (section 16) Schedule 2—Transitional provisions Part 2—Transitional provisions 2 Preliminary 3 Commissioners continue in office 4 Vesting of property 5 Validation of past acts etc 6 Intellectual Disability Services Council and Metropolitan Domiciliary Care Services trusts 7 Other matters Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Health Services Charitable Gifts Act 2011. 3—Interpretation In this Act— Board means the Health Services Charitable Gifts Board established under section 5; charitable assets means the property vested in, or transferred to, the Board under section 16 or transferred to the Board under section 17; Commissioner—see section 5(3); HAC means a Health Advisory Council established under the Health Care Act 2008; health service has the same meaning as in the Health Care Act 2008; prescribed research body means a person or organisation that is involved in health or medical research and is prescribed by regulation for the purposes of this definition; property means real or personal property including— (a) a chose in action; and (b) a legal or equitable estate or interest in the property; public health entity—see section 4; repealed Act means the Public Charities Funds Act 1935. 4—Public health entity (1) Subject to subsection (2), the Governor may by proclamation declare an entity, or part of an entity, engaged in the provision of a health service to be a public health entity for the purposes of this Act. (2) A proclamation under this section may not declare— (a) a HAC; or (b) a prescribed research body; or (c) a private hospital within the meaning of the Health Care Act 2008; or (d) an entity, or part of an entity, that is not eligible, under the Income Tax Assessment Act 1997 of the Commonwealth, to receive income tax deductible gifts, to be a public health entity for the purposes of this Act.