{"id":"anglican-trusts-corporations-act-1884","name":"Anglican Trusts Corporations Act 1884","slug":"anglican-trusts-corporations-act-1884","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":28690,"registerId":"vic-anglican-trusts-corporations-act-1884-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Anglican Trusts Corporations Act 1884","content":"Victorian Legislation Parliamentary Documentsi\nVersion No. 001\nAnglican Trusts Corporations Act 1884\nAct No. 797/1884\nVersion incorporating amendments as at 9 November 2000\nTABLE OF PROVISIONS\nSection Page\n1. Definitions 2\n2. Powers of Synod to pass resolution to form body corporate 3\n3. Certified copy of resolution to be delivered to Registrar-General 3\n4. Incorporation of trustees as body corporate 4\n4A. Change of name of Diocesan Trusts Corporation 4\n5. Property vested in bishop 5\n6. Persons holding property in trust 6\n7. Bishop of diocese may consent to transfer in place of trustee\ndeceased absent or under disability 7\n8. Registrar-General or Registrar of Titles to make transfers to body\ncorporate 7\n8A. Number of trustees 8\n9. Appointment of trustees 8\n10. Successor in office to become trustee in place of predecessor 8\n11. The successor of bishop vacating see to become trustee in place\nof predecessor 8\n12. Property vested in trustees 9\n12A. Common Funds 9\n12B. Joint use or ownership of church trust property 12\n13. Trustees appointed hereunder to be trustees of property 14\n14. Synod in any diocese to make rules for the appointment of\ncorporation trustees 14\n═══════════════\nENDNOTES 15\n1. General Information 15\n2. Table of Amendments 16\n3. Explanatory Details 17\n\nVictorian Legislation Parliamentary Documents1\nVersion No. 001\nAnglican Trusts Corporations Act 1884\nAct No. 797/1884\nVersion incorporating amendments as at 9 November 2000\nAn Act to provide for the creation of corporate bodies of\nTrustees in which property belonging to the Church of England\nin Victoria may be vested and to make further provisions in\nreference thereto.\nPreamble\nWHEREAS by the Act eighteenth Victoria\nNo. XLV intituled \"An Act to enable the Bishops\nClergy and Laity of the United Church of England\nand Ireland in Victoria (now described as the\nChurch of England in Victoria under the authority\nof the Amending Act 36 Victoria No. 454) to\nprovide for the regulation of the affairs of said\nChurch\" certain powers are conferred upon the\nmembers of the said Church meeting in assembly\nas therein mentioned of managing the property of\nthe said Church:\nAND WHEREAS the members of the said Church\nare desirous in order the more effectively to carry\nout the powers so conferred that the property of the\nChurch be vested in corporate bodies of trustees\nand be dealt with in manner hereinafter mentioned:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows:\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n2\n1. Definitions\nIn this Act the following terms shall if not\ninconsistent with the context have the meanings\nhereinafter respectively assigned to them—\n\"bishop\" or \"bishop of a diocese\" shall mean as\nto the term \"bishop\" the bishop registered\nunder the title of \"bishop\" under the\nprovisions of the \"Successory Trusts Act\n1878\" as head of the Church of England in\nthe portion of Victoria described in the\ncertificate of registrations, and shall include\nthe administrator of the affairs of the\ndioceses during the vacancy of the see; and\nthe term \"diocese\" shall mean the portion of\nVictoria described in such certificate as the\ndiocese of the person so registered;\n\"Church\" shall be taken to designate and apply\nto the Church now known as the Anglican\nChurch of Australia in Victoria;\n\"property\" shall mean land promised or reserved\nby the Crown for any of the purposes of the\nsaid Church and all property real or personal\nincluding money or securities for money\nheld by or vested or purporting to be vested\nin or claimable by any person or persons\neither in trust generally for the said Church\nor for any special purpose in connexion\ntherewith or for the benefit or use of the\nmembers thereof as such or of any person or\npersons holding for the time being office\ntherein;\ns. 1\nS. 1 def. of\n\"Church\"\namended by\nNo. 56/2000\ns. 9(a).\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n3\n1\"Synod\" shall mean an assembly of the said\nChurch convened under the provisions of the\nAct of the Legislature of Victoria passed in\nthe eighteenth year of Her Majesty and\nnumbered XLV or of any Act amending the\nsame;\n\"trusts corporation\", in relation to a diocese,\nmeans the corporate body of trustees\nconstituted within the diocese under this Act.\n2. Powers of Synod to pass resolution to form body\ncorporate\nThe Synod in any diocese may if it thinks fit pass\na resolution expressing its desire—\n(a) that there be constituted within the diocese a\ncorporate body of trustees for the purpose of\nholding property in trust for the benefit of\nthe Church within such diocese;\n(b) that the persons nominated in the resolution\nas trustees shall be the corporation;\n(c) that such trustees be incorporated under the\nname specified in the resolution.\nProvided always that nothing in this section shall\naffect any separate trust but such trust shall\ncontinue in force after the transfer of the trust\nestate to a corporate body of trustees under the\nprovisions hereinafter contained.\n3. Certified copy of resolution to be delivered to\nRegistrar-General\nAs soon as may be after the passing such\nresolution the bishop of the diocese shall cause a\ncopy thereof duly certified under his hand to be\ndelivered to the Registrar-General, who shall\nretain and register the same.\nS. 1 def. of\n\"Church\nAssembly\"\namended as\n\"Synod\" by\nNo. 56/2000\ns. 8(a).\nS. 1 def. of\n\"trusts\ncorporation\"\ninserted by\nNo. 56/2000\ns. 5(a).\nS. 2\namended by\nNo. 56/2000\ns. 8(a).\ns. 2\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n4\n4. Incorporation of trustees as body corporate\nAfter the registration of such resolution the\nRegistrar-General shall notify the same in the\nGovernment Gazette, and thereupon the trustees\nnamed in such notice and their successors to be\nappointed as hereinafter provided shall be a body\ncorporate by the name stated in such notice, and\nshall have perpetual succession and a common\nseal and may sue and be sued and may acquire\ntake and hold any property in trust for the Church\nin the diocese in which such resolution shall have\nbeen passed or for any person or persons holding\nfor the time being any office therein and may\nreceive any moneys which have been or shall be\ngiven or contributed by any person or persons to\nbe applied to any of the purposes of the said\nChurch and may take over any securities for\nmoney held by any person or persons on behalf\nthereof and may take in the name of such\ncorporate body any securities for money\nbelonging to the said Church which shall be lent\nor advanced on account thereof, and shall deal\nwith all such property and securities so as to give\neffect to the trusts to which they shall be specially\nsubject, or when not subject to any express trust in\nsuch manner as the Synod of such diocese may\nfrom time to time direct but so as not to interfere\nwith the jurisdiction of the Supreme Court in the\nenforcement of trusts.\n4A. Change of name of Diocesan Trusts Corporation\n(1) The Synod in a diocese may from time to time by\na resolution made with the concurrence of a\nmajority both of the clergy and the laity, the votes\nof the clergy and those of the laity being\nseparately taken, and the resolution receiving the\nassent of the bishop, change the name of the\nS. 4\namended by\nNo. 56/2000\ns. 8(a).\ns. 4\nS. 4A\ninserted by\nNo. 10194 s. 4.\nS. 4A(1)\namended by\nNo. 56/2000\ns. 8(b).\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n5\ncorporate body of trustees to a name specified in\nthe resolution.\n(2) The bishop of the diocese shall as soon as\npossible after the passing of a resolution under\nsub-section (1) cause a copy of the resolution duly\ncertified under his hand to be delivered to the\nRegistrar-General who shall retain the copy and\nregister the resolution.\n(3) After the registration of the resolution, the\nRegistrar-General shall notify the change of name\nin the Government Gazette and upon that\nnotification, the change of name takes effect.\n(4) A change of name under this section does not\noperate—\n(a) to create a new legal entity;\n(b) to prejudice or affect the identity of the body\ncorporate constituted by the corporate body\nof trustees or its continuity as a body\ncorporate;\n(c) to affect the property, or the rights and\nobligations, of the corporate body of trustees;\nor\n(d) to render defective any legal proceedings by\nor against the corporate body of trustees—\nand any legal proceedings that could have been\ncontinued or commenced by or against the\ncorporate body of trustees by its former name may\nbe continued or commenced by or against its new\nname.\n5. Property vested in bishop\nWhen any property is vested or purports to be\nvested in the bishop of any diocese or has prior to\nthe passing of this Act been granted or conveyed\nto the bishop of any diocese in order that the same\nbe held by him and his successors upon trust for\ns. 5\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n6\nthe benefit of the person holding for the time\nbeing the office of bishop thereof or for any of the\npurposes of the Church in such diocese or for\nfurthering any object in connexion therewith, all\nsuch properties shall be held to be and from the\ndate of his appointment to have been and shall\nbecome vested in the bishop for the time being of\nsuch diocese subject to the trusts affecting the\nsame although such bishop has not been appointed\nbishop of such diocese under letters patent from\nthe Crown, and such property may be transferred\nby such bishop to the body corporate constituted\nunder the provisions of this Act within the diocese\nof such bishop and shall thenceforth be held by\nsuch body corporate subject to the trusts originally\naffecting the same, and on the demise of any\nbishop prior to his having made such transfer the\nsame shall be come vested in such body corporate\nwithout any conveyance.\n6. Persons holding property in trust\nWhere any persons hold any property in trust for\nor on the behalf of the Church in any diocese or of\nany person holding any office therein in which a\ncorporate body of trustees has been constituted\nunder the provisions of this Act, the trustees or a\nmajority of them may if they think fit consent to a\ntransfer of the trust property to such corporate\nbody upon the trusts to which the same is subject,\nand such transfer when completed and accepted\nby the corporate body shall from and after its date\noperate as a discharge of all the trustees from the\nduties of the trust.\ns. 6\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n7\n7. Bishop of diocese may consent to transfer in place of\ntrustee deceased absent or under disability\nIn the circumstances mentioned in the next\npreceding section, if by reason of death absence\nfrom Victoria or any other disability the consent\nof any trustee to the transfer as aforesaid cannot\nbe obtained within six months after the\nconstitution of the corporation as aforesaid, the\nbishop of the diocese may by writing under his\nhand consent to such transfer in place of any such\ntrustee, and if such consent be published in the\nGovernment Gazette and in some newspaper\ncirculating in the place where the property to\nwhich the consent refers is situate, and if within a\nmonth from the last publication of such\nadvertisements no proceedings be taken therein by\nthe person in whose name such consent is given,\nsuch consent shall upon the expiration of such\nmonth be as effective for the purpose of this Act\nas a consent given by the person in whose place\nthe consent is declared to have been given.\n8. Registrar-General or Registrar of Titles to make\ntransfers to body corporate\nUpon obtaining the written consent of a majority\nof the trustees of any property held by them on\nbehalf of the Church in any diocese in which\ntrustees have been incorporated under the\nprovisions of this Act either under their own\nhands or that of the bishop of the diocese as\nhereinbefore mentioned, and also the consent of\nthe bishop of the diocese to the transfer to the said\ncorporate body of the trust property and the\nacceptance by the corporation of the transfer to it\nof such property, the Registrar-General or the\nRegistrar of Titles as the case may be shall make\nthe proper transfer thereof in his registers, and\nthereupon without further conveyance or transfer\nS. 7\namended by\nNo. 56/2000\ns. 9(b).\ns. 7\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n8\nthe whole estate and interest of the trustees of\nsuch property shall vest in such corporate body.\n8A. Number of trustees\nThe Synod of a diocese may, by Act of Synod,\nalter the composition, including the number, of\ntrustees constituting the trusts corporation of the\ndiocese.\n9. Appointment of trustees\nThe trustees appointed for the purposes of this Act\nand their successors shall be appointed in such\nmanner and shall hold their office for such term\nand upon such conditions and vacancies in such\noffices shall be filled in such manner as the Synod\nof the diocese shall by any regulation or act from\ntime to time prescribe.\n10. Successor in office to become trustee in place of\npredecessor\nWhen any person who has been appointed a\ntrustee by virtue of his office whether clerical or\nlay ceases to hold such office, the successor\nthereto shall upon the certificate in writing of the\nbishop of the diocese of the vacating of the office\nby the last holder thereof and of the appointment\nof the person named therein as his successor and\nof his acceptance of the office become a trustee\nunder his official designation in the stead of the\nperson last registered under such designation.\n11. The successor of bishop vacating see to become\ntrustee in place of predecessor\nWhen the bishop of a diocese is one of the trustees\nappointed under this Act under his episcopal title\nand vacates the see, his successor thereto who is\nregistered as bishop thereof under the Successory\nTrusts Act or any Act amending the same shall on\nthe completion of such registration become a\ntrustee in the stead of the last preceding bishop.\nS. 8A\ninserted by\nNo. 56/2000\ns. 6.\ns. 8A\nS. 9\namended by\nNo. 56/2000\ns. 8(a).\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n9\n12. Property vested in trustees\nAll property becoming vested in any corporate\nbody of trustees as hereinbefore mentioned or\nwhich shall in any manner be acquired by such\ncorporate body shall so far as the same is subject\nto any express trust be held managed dealt with,\nmortgaged, charged or otherwise encumbered by\nsuch corporate body in conformity with such\nexpressed trust, and shall so far as the same is not\nsubject to any express trust be held managed dealt\nwith, mortgaged, charged or otherwise\nencumbered in such manner as the Synod in the\ndiocese may from time to time direct, and such\nproperty shall be subject as to the management\nthereof to the acts and regulations of the Synod in\nforce for the time being which are applicable\nthereto.\n12A. Common Funds\n(1) In this section—\n\"Common Fund\" means a Common Fund\nauthorized in accordance with this section to\nbe established and kept in the books of a\ntrusts corporation;\n* * * * *\n(2) Where the Synod of a diocese by resolution has so\nauthorized, the trusts corporation of that diocese\nmay, subject to the directions (if any) of the\nSynod, in its discretion, invest any moneys in its\nhands whether or not they are subject to any\nexpress trust—\n(a) on the separate account of any trust or\nperson; or\nS. 12\namended by\nNos 10194\ns. 5, 56/2000\ns. 8(a)(c).\ns. 12\nS. 12A\ninserted by\nNo. 10194 s. 6.\nS. 12A(1) def.\nof \"Trusts\nCorporation\"\nrepealed by\nNo. 56/2000\ns. 5(b).\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n10\n(b) (if the moneys are not directed by the terms\nof the trust to be invested in some other\nspecified manner and investment in a\nCommon Fund is not specifically prohibited\nby the terms of the trust governing these\nmoneys) as part of a Common Fund\nestablished and kept in the books of the\ntrusts corporation.\n(3) A trusts corporation of a diocese may invest\nmoneys forming part of a Common Fund in any\nmanner in which trust moneys may be invested by\na trustee under any Act or in any manner\nauthorized by the Synod of the diocese.\n(4) Investments made from moneys forming part of a\nCommon Fund of a trusts corporation of a diocese\nshall not be made on account of or belong to any\nparticular trust or person but the trusts corporation\nshall cause to be kept in the books of the trusts\ncorporation accounts from which may be\ndetermined at any time the current amount at\ncredit in a Common Fund kept by it on account of\neach trust or person.\n(5) The trusts corporation of a diocese may in its\ndiscretion make advances of moneys forming part\nof a Common Fund for any purpose of or relating\nto the diocese.\n(6) An advance of moneys under sub-section (5) shall\nbe deemed to be an investment of moneys forming\npart of the Common Fund and shall bear interest\nat a rate fixed by the trusts corporation and the\namount advanced and the interest thereon shall be\na charge on the assets of the diocese.\n(7) A trusts corporation of a diocese may sell\ninvestments belonging to a Common Fund and\nmay withdraw any of the moneys belonging to a\nCommon Fund for any purpose of or relating to\nthe exercise and discharge of its powers and duties\ns. 12A\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n11\nunder this or any other Act or under any trust or\nunder any direction of the Synod of the diocese.\n(8) A trusts corporation of a diocese may in its\ndiscretion at any time withdraw from a Common\nFund any amount at credit in the Common Fund\non the account of any trust or person and may\ninvest that amount on a separate account of that\ntrust or person.\n(9) Amounts withdrawn from a Common Fund under\nsub-section (8) shall as from the date of\nwithdrawal cease to have any claim for interest or\notherwise from the Common Fund.\n(10) Any profits or losses upon realisation of any\ninvestment in a Common Fund shall be credited or\ndebited (as the case requires) to the Common\nFund and be received or borne proportionately by\nthe several amounts in the Common Fund on\naccount of each trust or person at the time of the\nrealisation.\n(11) As on the first day of each month a trusts\ncorporation of a diocese shall, in respect of each\nCommon Fund kept by it, determine the value of\nthe investments in the Common Fund as on that\nday and, in respect of securities listed on a Stock\nExchange, the quotations published by the Stock\nExchange shall be prima facie evidence of value\nand if there are no such quotations on that day the\nvaluation of the chairman or secretary of the\nrelevant Stock Exchange shall be prima facie\nevidence of the value.\n(12) Additions to, or withdrawals from, a Common\nFund shall during any month be effected on the\nbasis of the valuation under sub-section (11) made\nas on the first day of that month.\ns. 12A\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n12\n(13) The trusts corporation of a diocese shall pay or\nallocate the income arising from a Common Fund\nproportionately to or among the trusts or persons\nentitled to the income of the Common Fund in\nproportion to the several amounts in the Common\nFund on account of each trust or person and the\nperiod for which they formed part of the Common\nFund.\n12B. Joint use or ownership of church trust property\n(1) If an Act of the Synod of a diocese provides for a\nscheme of co-operation to be entered into—\n(a) with or involving a church of another\ndenomination or any congregation or activity\nof such a church; and\n(b) for the use of specified real or personal\nproperty vested in the trusts corporation of\nthe diocese—\nthe trusts corporation may permit that property to\nbe used, managed and administered under and in\nconnection with that scheme during its\ncontinuance in such a manner and on such\nconditions as are specified in the scheme.\n(2) The proceeds of sale or mortgage or any other\ndealing with property referred to in sub-section (1)\nmay be applied in such manner as may be\ndetermined under the scheme.\n(3) The conditions referred to in sub-section (1) may\ninclude conditions with respect to—\n(a) the making of contributions of money for the\nacquisition, construction, alteration,\nmaintenance or repair of assets vested in or\nheld on behalf of either or both the trusts\ncorporation and the co-operating church or\ncongregation; and\nS. 12B\ninserted by\nNo. 56/2000\ns. 7.\ns. 12B\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n13\n(b) the giving and taking of security or charge in\naccordance with the scheme over any\nproperty in respect of contributions of money\nor money's worth made or received under the\nscheme and any property vested in the trusts\ncorporation in any scheme is, to the extent\nset out in the scheme, charged accordingly.\n(4) The Registrar-General, the Registrar of Titles and\nany person dealing in good faith and for value\nwith any property vested in the trusts corporation\nis not bound to enquire whether any security or\ncharge referred to in sub-section (3) exists and is\nnot deemed to have notice of any such security or\ncharge by reason only of this Act or the existence\nof a scheme of co-operation under this section\nand—\n(a) a conveyance, transfer or other assurance to\nanother person operates as a discharge of any\nsecurity or charge so referred to, in so far as\nthe property conveyed, transferred or assured\nwould, but for this sub-section, be so subject;\nand\n(b) a mortgage or charge in favour of another\nperson has priority over any security or\ncharge so referred to that affects the property\nmortgaged or charged in favour of that\nperson.\n(5) This section applies in relation to all property at\nany time held by a trusts corporation of a diocese\nexcept to the extent that any property is held\nsubject to any express trust expressly forbidding\nits use in any manner referred to in this section.\n(6) Sub-section (5) does not prevent the use of trust\nproperty in a manner referred to in this section if\nthe property was merely directed to be held on\ntrust for the worship or purposes of the Church.\ns. 12B\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n14\n13. Trustees appointed hereunder to be trustees of\nproperty\nWhen after the passing of this Act any land which\nhas been granted promised or reserved by the\nCrown for any of the purposes of the Church in\nany diocese in which trustees have been\nincorporated under this Act shall be brought under\nthe provisions of the Act of the Parliament of\nVictoria No. CCCXCI, the trustees appointed\nunder the provisions of this Act shall be the\ntrustees of such land.\n14. Synod in any diocese to make rules for the\nappointment of corporation trustees\nThe Synod in any diocese in which trustees have\nbeen incorporated under the provisions of this Act\nshall from time to time make rules for the\nappointment of corporation trustees and the filling\nup of vacancies occurring in the trusteeship for the\ncustody of the seal of the corporation and the\naffixing the same to any document and for\nverifying the affixing thereof and for carrying into\neffect the provisions of this Act and may from\ntime to time alter or vary the same, and a copy of\nevery such rule and of any alteration or variation\nthereof certified by the bishop of the diocese shall\nbe deposited with the Registrar-General and\nadvertised in the Government Gazette, and a duly\ncertified copy of any such rule regulation or\nprovision so registered and advertised shall be\nprima facie evidence of the same having been\nduly made.\n═══════════════\ns. 13\nS. 14\namended by\nNo. 56/2000\ns. 8(a).\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n15\nENDNOTES\n1. General Information\nAct No. 797 of 1884 was assented to on 25 November 1884 and came into\noperation on 25 November 1884.\nThe title of this Act was inserted by section 4 of the Anglican Trusts\nCorporations (Amendment) Act 2000, No. 56/2000.\nEndnotes\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n16\n2. Table of Amendments\nThis Version incorporates amendments made to the Anglican Trusts\nCorporations Act 1884 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nAnglican Church of Australia Act 1985, No. 10194/1985\nAssent Date: 8.10.85\nCommencement Date: 8.10.85: s. 2\nCurrent State: All of Act in operation\nAnglican Trusts Corporations (Amendment) Act 2000, No. 56/2000\nAssent Date: 8.11.00\nCommencement Date: 9.11.00: s. 2\nCurrent State: All of Act in operation\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation Parliamentary DocumentsAct No. 797/1884\nAnglican Trusts Corporations Act 1884\n17\n3. Explanatory Details\n1 S. 1 def. of \"Church Assembly\": Section 4 of the Church of England Act\n1904, No. 1947/1904 reads as follows:\n4. References in deeds and documents\nWherever in the Act passed in Victoria in the year\nOne thousand eight hundred and eighty-four and\nintituled \"An Act to provide for the creation of\ncorporate bodies of Trustees in which property\nbelonging to the Church of England in Victoria\nmay be vested and to make further provisions in\nreference thereto\" or in any deed document or\ninstrument made or entered into by or in\nconnexion with the Church of England in Victoria\nany reference is made to any Assembly or\nAssemblies or Church Assembly or Church\nAssemblies such reference unless inconsistent\nwith the context shall be deemed and taken to\nrefer to the Synod or Synods.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded by later amendments which add modern trust-management features and procedural powers. Notable changes include explicit Common Fund rules giving trusts corporations pooled-investment and internal-advance powers (s.12A), provisions for joint use/ownership and charging under co‑operation schemes (s.12B), authority for Synod to alter trustee composition and corporate name (ss.8A, 4A), and updated registration/administrative procedures. These amendments broaden corporate trustee powers and investment/administration mechanics beyond the original 1884 framework."},"complexity_factors":["Cross-references to other statutes and offices (e.g. registration under the Successory Trusts Act and dealings by the Registrar-General) increase interpretive complexity (s.1, s.3, s.5).","Multiple modes of vesting and transfer: vesting in bishop, transfer by existing trustees, and automatic vesting on death or vacancy require careful factual analysis (ss.5–8).","Discretionary powers vested in Synod and the trusts corporation to direct management, investments and Common Funds create governance variability and operational discretion (ss.2, 12, 12A).","Detailed Common Fund rules impose monthly valuation, allocation, interest/advance and withdrawal mechanics that require accounting processes and create timing risks (s.12A(4)–(13)).","Procedural formalities (registration, Gazette notification, newspaper publication) and time limits for objections introduce administrative compliance burdens and evidentiary steps (ss.3, 4, 7).","Protections for third parties dealing in good faith (priority and non-inquiry rules) interact with internal schemes and charges, affecting lender risk and title assurance (s.12B(4)).","Flexibility to alter trustee composition and corporate name by Synod or Act of Synod creates change-management and continuity considerations (ss.4A, 8A, 9, 14).","Tension between express private trusts and Synod directions: the Act preserves express trusts but allows Synod control where no express trust exists, requiring trust-by-trust analysis (s.4, s.12)."],"plain_english_summary":"This Act lets a diocesan Synod create a corporate body of trustees to hold, manage and transact with Anglican Church property in that diocese. It prescribes how property vests or transfers (including from the bishop or existing trustees), how trustees are appointed and succeed, and gives the corporate body powers to invest and run pooled accounts.\n\nIt affects bishops, synods, parish trustees, lenders and third parties dealing with church land or money because it centralises legal title, sets registration and Gazette steps, and lays out accounting, investment and priority rules for trust funds."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1884 Act was narrowly focused on creating corporate trustees to hold property for the Church of England in Victoria. However, amendments have significantly expanded the scope: the 1985 amendments introduced Common Funds (pooling investments across trusts), and the 2000 amendments added Section 12B permitting joint use and ownership schemes with other denominations. The 2000 amendments also modernised terminology (changing 'Church Assembly' to 'Synod', 'Church of England' to 'Anglican Church of Australia') and added flexibility around trustee numbers and corporate names. What began as a simple incorporation mechanism has become a comprehensive property and investment management framework for the Anglican Church."},"complexity_factors":["19th century drafting style with archaic language ('intituled', 'hereinafter', 'purporting to be vested')","Multiple amendment layers (notably 1985 and 2000) creating inconsistent terminology patches","Cross-references to repealed or renamed legislation (Successory Trusts Act 1878, Church of England Act 1904)","Conditional logic in property transfer mechanisms (Sections 6-8) requiring multiple consents and publication requirements","Nested definitions in Section 12A for Common Funds with 13 subsections of detailed investment and accounting rules","Interaction between statutory framework and Synod-made rules creating dual-layer governance","Special provisions for bishop's role as substitute decision-maker for incapacitated trustees"],"plain_english_summary":"This Act lets each Anglican diocese in Victoria incorporate a trusts corporation to hold, manage and deal with church property instead of individual trustees. It provides for transferring assets into those corporate bodies, appointing and replacing trustees, pooling funds for investment, and approving shared use with other denominations. It stabilises property ownership and eases administration for bishops, synods and third parties."}},"importantCases":[],"_links":{"self":"/api/acts/anglican-trusts-corporations-act-1884","history":"/api/acts/anglican-trusts-corporations-act-1884/history","analysis":"/api/acts/anglican-trusts-corporations-act-1884/analysis","conflicts":"/api/acts/anglican-trusts-corporations-act-1884/conflicts","importantCases":"/api/acts/anglican-trusts-corporations-act-1884/important-cases","documents":"/api/acts/anglican-trusts-corporations-act-1884/documents"}}