{"id":"catholic-church-in-the-northern-territory-act-1979","name":"Catholic Church in the Northern Territory Act 1979","slug":"catholic-church-in-the-northern-territory-act-1979","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29897,"registerId":"nt-catholic-church-in-the-northern-territory-act-1979-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Catholic Church in the Northern Territory Act 1979","content":"NORTHERN TERRITORY OF AUSTRALIA\nCATHOLIC CHURCH IN THE NORTHERN TERRITORY ACT 1979\nAs in force at 1 March 2011\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Interpretation ................................................................................... 1\nPart II Establishment of property trusts\nDivision 1 Establishment\n3 Establishment by by-laws ................................................................ 2\n4 Amendment of by-laws .................................................................... 3\n5 Content of by-laws ........................................................................... 3\n6 Gazettal ........................................................................................... 4\n7 Name of property trust ..................................................................... 4\n8 Purposes ......................................................................................... 4\n9 Dioceses and parishes .................................................................... 5\n10 Commencement of by-laws ............................................................. 5\nDivision 2 Effect of establishment\n11 Perpetual succession, &c. ............................................................... 5\n12 Powers............................................................................................. 6\n13 Vacancies ........................................................................................ 6\n14 Trading, &c. ..................................................................................... 6\nDivision 3 Property\n15 Signature, &c. .................................................................................. 6\n16 Common fund .................................................................................. 7\n17 Vesting of property .......................................................................... 8\n18 Trusts .............................................................................................. 9\n19 Wills, &c. .......................................................................................... 9\nPart III General\nDivision 1 Service of notices\n20 Notification of address ................................................................... 10\n21 Service of notices .......................................................................... 10\n\nCatholic Church in the Northern Territory Act 1979 ii\nDivision 2 Winding up\n22 Repeal of by-laws .......................................................................... 10\n23 Corporations Act 2001 ................................................................... 10\n24 Liability of members....................................................................... 11\n25 Assets remaining ........................................................................... 11\nDivision 3 Evidentiary\n26 Proof of signature, &c. ................................................................... 11\n27 Application of moneys ................................................................... 12\nDivision 4 Miscellaneous\n28 Delegation ..................................................................................... 12\n29 Interpretation Act ........................................................................... 13\n30 Transitional .................................................................................... 13\n31 Where there are no members ........................................................ 13\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 March 2011\n____________________\nCATHOLIC CHURCH IN THE NORTHERN TERRITORY ACT 1979\nAn Act to provide for the establishment of property trusts in respect of\nthe Catholic Church in the Northern Territory and for other purposes\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Catholic Church in the Northern\nTerritory Act 1979.\n2 Interpretation\n(1) In this Act, unless the contrary intention appears:\nbishop, in relation to a diocese, means the person for the time\nbeing ruling the diocese under and in accordance with the canon\nlaw of the Catholic Church, and includes an administrator apostolic\nand a vicar capitular.\nCatholic Church means the church which acknowledges that the\nRoman Pontiff for the time being is its spiritual head.\ndiocese means a diocese of the Catholic Church, and includes an\narchdiocese.\nparish means a parish of a diocese.\nparish priest, in relation to a parish of a diocese, means the\nperson duly appointed by the bishop of the diocese as parish priest\nof the parish, and includes:\n(a) in relation to a cathedral parish – the bishop of the diocese;\nand\n(b) a priest appointed by the bishop to act for the time being:\n(i) on behalf of the parish priest; or\n(ii) as administrator of the parish.\n\nPart II Establishment of property trusts\nDivision 1 Establishment\nCatholic Church in the Northern Territory Act 1979 2\nproperty trust means a property trust established under this Act.\npublic officer, in relation to a property trust established in respect\nof an institution or association, means the public officer of the\nproperty trust and includes any person for the time being exercising\nthe powers of the public officer.\n(2) An institution or association shall not be held not to be Catholic by\nreason only that some of the members of the institution or\nassociation are not Catholic.\n(3) Where a diocese or parish extends beyond the Territory, this Act\napplies as if the diocese or parish, as the case may be, consisted\nonly of so much of the diocese or parish as is within the Territory.\n(4) Where the cathedral of a diocese or the principal church of a parish\nis outside the Territory, this Act does not apply in relation to the\ndiocese or parish, as the case may be, unless:\n(a) in the case of a diocese – it has an address for service of\nnotices in the Territory; or\n(b) in the case of a parish – both it and the diocese of which it is a\nparish have addresses for service of notices in the Territory.\nPart II Establishment of property trusts\nDivision 1 Establishment\n3 Establishment by by-laws\n(1) Subject to this Act, the bishop of a diocese may, by instrument in\nwriting under his seal, make by-laws not inconsistent with this Act\nestablishing a property trust in respect of:\n(a) the diocese;\n(b) a parish of the diocese; or\n(c) a Catholic institution or association that has its principal\naddress for service of notices in the diocese.\n(2) A bishop shall not make by-laws under subsection (1) in respect of\nan institution or association unless the persons having the\nmanagement of the affairs of the institution or association have\nrequested him to establish a property trust in respect of it.\n\nPart II Establishment of property trusts\nDivision 1 Establishment\nCatholic Church in the Northern Territory Act 1979 3\n4 Amendment of by-laws\n(1) Subject to this Act, the bishop of a diocese may, by instrument in\nwriting under his seal, make by-laws not inconsistent with this Act to\nadd to, amend or repeal by-laws of a property trust that:\n(a) is established in respect of the diocese or a parish of the\ndiocese; or\n(b) has its principal address for service of notices in the diocese.\n(2) An instrument made under subsection (1) repealing all the by-laws\nof a property trust is of no effect unless it incorporates a certificate\nby the bishop who made the instrument that the property trust that\nis the subject of the instrument has no assets and no liabilities.\n5 Content of by-laws\n(1) The by-laws of a property trust:\n(a) shall prescribe the name of the property trust;\n(b) in the case of a property trust established in respect of an\ninstitution or association, shall prescribe:\n(i) the purposes of the property trust;\n(ii) the membership of the property trust;\n(iii) the designations of:\n(A) the persons having the management of the affairs\nof the property trust;\n(B) the public officer of the property trust; and\n(C) the persons who may exercise the powers and\nfunctions of the public officer where there is no\npublic officer or where the public officer is absent\nfrom the Territory or from his office or unable to act;\nand\n(iv) the manner in which, subject to this Act, the property\ntrust shall be bound; and\n(c) may make provision, not inconsistent with this Act, for or in\nrelation to the regulation, management and administration of\nthe property trust.\n\nPart II Establishment of property trusts\nDivision 1 Establishment\nCatholic Church in the Northern Territory Act 1979 4\n(2) The by-laws of a property trust may provide that a matter relating to\nthe regulation, management or administration of the property trust\nmay be provided for by rules, not inconsistent with this Act or the\nby-laws made by the property trust.\n6 Gazettal\nWhere the bishop of a diocese makes a by-law prescribing or\namending:\n(a) the name of a property trust; or\n(b) the designation of the public officer of a property trust,\nhe shall cause to be published in the Gazette a statement relating\nto the effect of the by-law.\n7 Name of property trust\n(1) The first 6 words in the name of a property trust established in\nrespect of a diocese or parish shall be \"Catholic Church of the\nDiocese (or Archdiocese) of\".\n(2) The name of a property trust shall include:\n(a) in the case of a property trust established in respect of a\ndiocese – the name of the diocese;\n(b) in the case of a property trust established in respect of a\nparish of a diocese – the name of the diocese and the name of\nthe parish; and\n(c) in the case of a property trust established in respect of an\ninstitution or association – the word \"Catholic\".\n(3) The last 2 words in the name of a property trust shall be \"Property\nTrust\".\n8 Purposes\n(1) The purpose of a property trust established in respect of a diocese\nor parish shall be, and each purpose of a property trust established\nin respect of an institution or association shall be related to, the\nadvancement of the work of the Catholic Church in the Northern\nTerritory.\n\nPart II Establishment of property trusts\nDivision 2 Effect of establishment\nCatholic Church in the Northern Territory Act 1979 5\n(2) In particular, and without limiting the generality of subsection (1), a\nproperty trust may, subject to its by-laws:\n(a) perform works and provide services that:\n(i) are of a religious, educational, charitable, social or\nbenevolent nature; or\n(ii) relate to health or welfare; and\n(b) do anything that is required or permitted to be done, or\nnecessary or convenient to be done, ancillary to the work of\nthe Catholic Church in the Northern Territory.\n9 Dioceses and parishes\n(1) A property trust established in respect of a diocese subsists in the\nbishop of the diocese.\n(2) A property trust established in respect of a parish subsists in the\nparish priest of the parish.\n10 Commencement of by-laws\nBy-laws made under this Act take effect from the date on which\nthey are made or, where a later date is provided for in the by-laws,\nthat later date.\nDivision 2 Effect of establishment\n11 Perpetual succession, &c.\n(1) A property trust:\n(a) is a body corporate with perpetual succession and a common\nseal;\n(b) subject to this Act and the by-laws of the property trust, may\nacquire, hold and dispose of real and personal property; and\n(c) may sue and be sued in its corporate name.\n(2) All courts, judges and persons acting judicially shall take judicial\nnotice of the common seal of a property trust affixed to a document\nand shall presume that it was duly affixed.\n\nPart II Establishment of property trusts\nDivision 3 Property\nCatholic Church in the Northern Territory Act 1979 6\n12 Powers\n(1) A property trust has power to do all things necessary or convenient\nto be done for or in connection with or incidental to the carrying out\nof its purposes, the performance of its functions and the exercise of\nits powers.\n(2) Without limiting the generality of subsection (1), a property trust\nmay, subject to its by-laws:\n(a) raise or borrow money with or without security; and\n(b) act as trustee of any property or as executor, administrator or\ntrustee of any estate.\n13 Vacancies\nThe exercise of a power or the performance of a function by a\nproperty trust is not affected by reason only of a vacancy in the\nmembership of the trust or of the governing body of the trust or of\nthe office of public officer of the trust.\n14 Trading, &c.\nA property trust shall not be established under this Act for the\npurpose of trading or securing pecuniary profit to its members.\nDivision 3 Property\n15 Signature, &c.\n(1) A property trust may sign an instrument:\n(a) in the case of a property trust established in respect of a\ndiocese or parish – by the writing of the person in whom the\nproperty trust subsists; and\n(b) in the case of a property trust established in respect of an\ninstitution or association – by the writing of the public officer of\nthe property trust,\nand an instrument so signed is as valid, effectual and enforceable\nas it would have been if the property trust had been a natural\nperson and had itself signed the instrument.\n(2) The person by whose writing a property trust may sign an\ninstrument in pursuance of subsection (1) may, on behalf of the\nproperty trust, for the purposes of the exercise of a power by the\nproperty trust, take an oath or make a declaration, and the oath or\ndeclaration must be received for all purposes as though the\n\nPart II Establishment of property trusts\nDivision 3 Property\nCatholic Church in the Northern Territory Act 1979 7\nproperty trust had been a natural person and had itself taken or\nmade it.\n16 Common fund\n(1) It is lawful for a property trust to lend moneys held by it (including\ntrust moneys) to a property trust established in respect of a diocese\nto be invested as one fund together with moneys held by that\nsecond-mentioned property trust (including trust moneys) and with\nmoneys held by other property trusts.\n(2) A property trust established in respect of a diocese:\n(a) may invest moneys available to it for investment in pursuance\nof subsection (1);\n(b) may lend moneys so available to it to another property trust for\nthe purposes of that last-mentioned property trust; and\n(c) may make advances out of moneys so available to it for any\npurpose of or relating to the Catholic Church in the Northern\nTerritory.\n(3) Where a property trust established in respect of a diocese lends\nmoney under subsection (2)(b) or makes an advance under\nsubsection (2)(c):\n(a) the bishop of the diocese shall declare a rate of interest in\nrelation to the loan or advance;\n(b) the loan or advance shall be deemed to be an investment of\nthe money so loaned or advanced and shall bear interest at\nthe rate so declared; and\n(c) the amount of the loan or advance and the interest thereon\nshall be deemed to be a charge on the assets from time to\ntime of:\n(i) in the case of a loan – the property trust to which the\nloan was made; or\n(ii) in the case of an advance – the property trust\nestablished in respect of the diocese,\nrateably in favour of the persons who have loaned money to\nthe fund under subsection (1).\n(4) Where moneys are invested by a property trust established in\nrespect of a diocese in pursuance of subsection (1), it shall\ndistribute income arising from those investments rateably among\n\nPart II Establishment of property trusts\nDivision 3 Property\nCatholic Church in the Northern Territory Act 1979 8\nthe several purposes for which the moneys so invested are held,\nand any loss arising from any such investments shall likewise be\nborne rateably.\n17 Vesting of property\n(1) Subject to this section, the bishop of a diocese in which a property\ntrust has its principal address for service of notices may, by\ninstrument in writing under his seal, declare that an asset of another\nproperty trust is vested in that first-mentioned property trust subject\nto the trusts, reservations, mortgages, charges, liens,\nencumbrances, loans and leases to which it was subject\nimmediately before the declaration.\n(2) A bishop shall not make a declaration under subsection (1) in\nrelation to an asset:\n(a) except with the consent of both property trusts referred to in\nthat subsection in relation to the asset; or\n(b) with intent to defraud, defeat or delay a creditor of a property\ntrust.\n(3) A declaration made under subsection (1) has effect according to its\ntenor.\n(4) Notwithstanding subsection (3), a property trust that is divested of\nan asset by a declaration made under subsection (1) is jointly and\nseverally liable with the property trust in which the asset vests by\nthat declaration in respect of:\n(a) a cause of action in relation to the asset that arose before the\ndeclaration was made; and\n(b) a breach of contract in relation to a trust, reservation,\nmortgage, charge, lien, encumbrance, loan or lease to which\nthe asset was subject immediately before the declaration,\nbut that first-mentioned property trust shall be indemnified by the\nsecond-mentioned property trust for any loss that it suffers in\nmeeting its liability under this section.\n(5) The Registrar-General, or any registrar or other person whose duty\nit is to register or record a dealing with, or certify title in relation to,\nan asset that is the subject of a declaration made under\nsubsection (1), shall, notwithstanding the provisions of the any Act,\nwithout transfer and without fee, upon application in writing by the\nbishop who made the declaration accompanied by a copy of the\ndeclaration, do all things that are necessary or convenient to be\ndone by him:\n\nPart II Establishment of property trusts\nDivision 3 Property\nCatholic Church in the Northern Territory Act 1979 9\n(a) to register or record the interest in the asset of the property\ntrust in which the asset has vested by virtue of subsection (3);\nand\n(b) to release to that property trust such documents, if any, of title\nas could, immediately before the declaration, be claimed by\nthe other property trust.\n18 Trusts\n(1) Where a property trust holds property in trust and the bishop of the\ndiocese in which the property trust has its principal address for\nservice of notices is satisfied that it is impossible or inexpedient to\ncarry out or observe the terms of the trust, the bishop may, by\ninstrument in writing under his seal, declare that the property is held\nin trust for such other purposes as are specified in the declaration.\n(2) In making a declaration under subsection (1), a bishop shall take\ninto account the terms on which the property was held in trust\nbefore the declaration was made.\n(3) Upon the making of a declaration under subsection (1) in relation to\nproperty, the property trust holding the property holds the property\non the trusts specified in the declaration.\n19 Wills, &c.\n(1) Unless the contrary intention appears in the will, deed or other\ninstrument, a reference in a will, deed or other instrument to a gift or\ndisposition of property to:\n(a) a diocese, the bishop of a diocese or the Catholic Church in a\ndiocese in respect of which a property trust has been\nestablished – shall be read as a reference to a gift or\ndisposition, as the case may be, to that property trust; or\n(b) a parish, the parish priest of a parish or the Catholic Church in\na parish in respect of which a property trust has been\nestablished – shall be read as a reference to a gift or\ndisposition, as the case may be, to that property trust.\n(2) Where, by a will, deed or other instrument, it appears that there is\nan intention on the part of the person making a gift or disposition to\ngive or otherwise dispose of property to or for the benefit of the\nCatholic Church, a Catholic work or a Catholic person, institution or\nassociation and the gift or disposition cannot otherwise take full\neffect, it shall have effect, to the extent that it would not otherwise\nhave effect, as a gift or disposition, as the case may be, to the\nproperty trust established in respect of the Diocese of Darwin.\n\nPart III General\nDivision 2 Winding up\nCatholic Church in the Northern Territory Act 1979 10\nPart III General\nDivision 1 Service of notices\n20 Notification of address\n(1) A property trust shall, upon its establishment, cause its principal\naddress for service of notices to be published in the Gazette.\n(2) A property trust shall, upon a change of its principal address for\nservice of notices, cause the new address to be published in the\nGazette.\n21 Service of notices\n(1) A person may serve a notice on a property trust by sending the\nnotice by post addressed to:\n(a) the property trust; or\n(b) the person by whose writing the property trust may sign an\ninstrument by virtue of section 15,\nat the last-known principal address of the property trust for service\nof notices.\n(2) A property trust may give notice to any person under its seal or\nunder the hand of the person by whose writing the property trust\nmay sign an instrument by virtue of section 15.\nDivision 2 Winding up\n22 Repeal of by-laws\nUpon the coming into effect of a by-law repealing all the by-laws of\na property trust, the property trust ceases to be established under\nthis Act.\n23 Corporations Act 2001\nSubject to this Division, the provisions of the Corporations Act 2001\nrelating to the winding up of Part 5.7 bodies apply to and in relation\nto the winding up of a property trust and, in that application:\n(a) a reference in the Corporations Act 2001 to a Part 5.7 body\nshall be read as a reference to a property trust;\n(b) a reference in the Corporations Act 2001 to the directors of a\ncompany shall be read as a reference to the persons having\nthe management of the affairs of a property trust;\n\nPart III General\nDivision 3 Evidentiary\nCatholic Church in the Northern Territory Act 1979 11\n(c) a reference in the Corporations Act 2001 to the secretary of a\ncompany shall be read as a reference to the person by whose\nwriting a property trust may sign an instrument by virtue of\nsection 15; and\n(d) a reference in the Corporations Act 2001 to the principal place\nof business of a company shall be read as a reference to the\nprincipal address of a property trust for service of notices.\n24 Liability of members\nA member of a property trust is not liable, except as provided in the\nby-laws relating to the trust, to contribute towards the payment of\nthe debts and liabilities of the trust or the costs, charges and\nexpenses of a winding up of the trust.\n25 Assets remaining\nThe assets remaining from the winding up of a property trust after\npayment of the debts and liabilities of the trust and costs, charges\nand expenses of the winding up shall be paid to the property trust\nestablished in respect of the diocese in which the trust which was\nwound up last had its principal address for service of notices.\nDivision 3 Evidentiary\n26 Proof of signature, &c.\n(1) A certificate, given under seal by the bishop of the diocese in which\na property trust has its principal address for service of notices:\n(a) that a certificate or document in relation to the trust was or\nwas not signed by a person;\n(b) that a person was or was not, on a certain day, a member of\nthe trust; or\n(c) that a person was or was not, on a certain day, the public\nofficer of the trust,\nis evidence of the facts stated in the certificate and all courts,\njudges and persons acting judicially shall take judicial notice of the\nsignature of a bishop on such a certificate.\n(2) A certificate, given by the person by whose writing a property trust\nmay sign an instrument in pursuance of section 15, that a document\nor writing is a true copy of a decision of the trust duly made is\nevidence of the facts stated in the certificate.\n\nPart III General\nDivision 4 Miscellaneous\nCatholic Church in the Northern Territory Act 1979 12\n27 Application of moneys\n(1) Neither:\n(a) a person dealing with; nor\n(b) the Registrar-General, or any registrar or other person\nregistering a dealing with or certifying title in relation to a\ndealing with,\na property trust is bound to inquire into the propriety or necessity of\nan apparent dealing by the trust with property held by it.\n(2) A person paying money to a property trust is not bound to see to\nthe application of the money.\nDivision 4 Miscellaneous\n28 Delegation\n(1) The bishop of a diocese may, either generally or otherwise as\nprovided in the instrument of appointment, by writing under his\nhand appoint a person to be his deputy, delegate or proxy for the\npurposes of a provision of this Act:\n(a) for all purposes or for a specified purpose or purposes; and\n(b) without limitation as to time or for a specified period or during\nan absence, or all absences, of the bishop or an inability, or all\ninabilities, of the bishop to act, or otherwise as provided in the\ninstrument of appointment.\n(2) Where a bishop appoints a person under subsection (1) to be a\ndeputy, delegate or proxy:\n(a) the person may act as deputy, delegate or proxy, as the case\nmay be, in accordance with the instrument of appointment;\n(b) a reference in this Act to the bishop shall, unless the contrary\nintention appears, be read as including a reference to the\ndeputy, delegate or proxy acting in accordance with the\ninstrument of appointment; and\n(c) if a property trust subsists in the bishop, a reference in this Act\nto the person in whom the property trust subsists or to the\nperson by whose writing the property trust may sign an\ninstrument shall, unless the contrary intention appears, be\nread as including a reference to the deputy, delegate or proxy\nacting in accordance with the instrument of appointment.\n\nPart III General\nDivision 4 Miscellaneous\nCatholic Church in the Northern Territory Act 1979 13\n(3) An appointment under this section is revocable at will and does not\nprevent the exercise of a power or the performance of a function by\nthe bishop.\n29 Interpretation Act\nBy-laws made under this Act are not regulations, rules or by-laws\nwithin the meaning of the Interpretation Act 1978.\n30 Transitional\n(1) Upon the establishment of a property trust in respect of the Diocese\nof Darwin:\n(a) the assets and liabilities of the Catholic Church of the Diocese\nof Darwin Incorporated, an incorporated association within the\nmeaning of the Associations Incorporation Act 1963, vest by\nforce of this section in that property trust, subject to the trusts,\nreservations, mortgages, charges, liens, encumbrances, loans\nand leases to which they were subject immediately before that\nproperty trust was established; and\n(b) the Catholic Church of the Diocese of Darwin Incorporated\nceases to be and to be deemed to be an incorporated\nassociation within the meaning of the Associations\nIncorporation Act 1963.\n(2) The Registrar-General, or any registrar or other person whose duty\nit is to register or record a dealing with, or certify title in relation to,\nan asset or liability that is vested in a property trust by force of\nsubsection (1), shall, notwithstanding the provisions of the any Act,\nwithout transfer and without fee, upon application in writing by the\nBishop of the Diocese of Darwin, do all things that are necessary or\nconvenient to be done by him:\n(a) to register or record the interest in the asset or liability of the\nproperty trust; and\n(b) to release to the property trust such documents, if any, of title\nas could, immediately before that property trust was\nestablished, be claimed by the Catholic Church of the Diocese\nof Darwin Incorporated in relation to the asset or liability.\n31 Where there are no members\nWhere a property trust has no public officer and no membership,\nthe Bishop of the Diocese of Darwin shall have and may exercise\nall the powers of:\n(a) the public officer of the trust;\n\nPart III General\nDivision 4 Miscellaneous\nCatholic Church in the Northern Territory Act 1979 14\n(b) the trust; and\n(c) the persons having the management of the affairs of the trust,\nand of each of those persons,\nand he may take any action that is necessary or convenient to be\ntaken for the purpose of continuing or discontinuing the existence of\nthe trust.\n\nENDNOTES\nCatholic Church in the Northern Territory Act 1979 15\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCatholic Church in the Northern Territory Act 1979 (Act No. 119, 1979)\nAssent date 15 October 1979\nCommenced 15 October 1979\nCompanies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986)\nAssent date 30 June 1986\nCommenced 1 July 1986 (s 2)\nCorporations (Consequential Amendments) Act 1990 (Act No. 59, 1990)\nAssent date 14 December 1990\nCommenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act\nNo. 56, 1990) and Gaz S76, 21 December 1990)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\n\nENDNOTES\nCatholic Church in the Northern Territory Act 1979 16\n2 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 29 and 30.\n3 LIST OF AMENDMENTS\ns 15 amd No. 40, 2010, s 118\ns 17 amd No. 45, 2000, s 11\ns 23 amd No. 18, 1986, s 3; No. 59, 1990, s 4; No. 17, 2001, s 21\ns 30 amd No. 45, 2000, s 11","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act's core scope—establishing and governing property trusts for Catholic dioceses, parishes and named Catholic institutions in the Northern Territory—remains unchanged. Endnotes record consequential amendments to provisions (notably ss 15, 17, 23 and 30) to align terminology and procedures with later Commonwealth and Territory laws (Corporations, Land Title and Oaths-related Acts), but those amendments updated references and procedures rather than altering the Act’s primary substantive purpose."},"complexity_factors":["Cross‑references and applied treatment of external statutes (Corporations Act 2001, Land Title Act and consequential amendment Acts) create dependency on other regimes (see s 23 and Endnotes).","Non‑standard corporate form: trusts 'subsist in' officeholders (bishop or parish priest) rather than conventional company governance (ss 9, 11, 15).","Significant episcopal discretion: bishops make by‑laws, declare vestings and re‑apply trusts (ss 3–5, 17–18), concentrating decision power and creating administrative burden for internal governance.","Property‑transfer and vesting mechanics with statutory registration relief (ss 16(3), 17(5), 30(2)) interact with land/title registries and affect third‑party title processes.","Common fund and inter‑trust lending rules allocate investment income and losses rateably and create priority/charge effects between trusts (s 16).","Evidentiary presumptions (seal, bishop's certificate, signing by officeholder) reduce transaction costs but raise reliance concerns for third parties (ss 11(2), 26).","Winding up mapped to Corporations Act Part 5.7 with bespoke mappings for directors/secretary/principal place of business (s 23), adding legal complexity.","Special rules for absence of members or officers enabling unilateral action by bishop (s 31) create operational and accountability implications.","Prohibitions and limits: explicit non‑profit/trading restriction (s 14) and member liability carve‑outs (s 24) affect creditors and contributors.","Amendment history (multiple consequential amendments over decades) indicates iterative statutory alignment rather than a single stable design (Endnotes and LIST OF LEGISLATION)."],"plain_english_summary":"This Act creates corporate \"property trusts\" for Catholic dioceses, parishes and named Catholic institutions in the Northern Territory and lets a bishop make by‑laws that determine each trust’s name, purposes and management. Mechanically it vests and transfers church assets into those trusts, authorises borrowing and pooled investment, sets signing and evidentiary rules, and prescribes winding up and service procedures. It affects bishops, parish priests, trustees, donors, registrars and creditors by clarifying who legally holds and deals with Catholic Church property in the Territory."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: creating a statutory mechanism for Catholic Church property holding in the Northern Territory. While it has been amended several times (notably to update references to the Corporations Act and land title legislation), these are technical maintenance amendments rather than scope expansion. The Act has not grown to cover other churches, other states, or broader religious governance issues."},"complexity_factors":["Moderate length (31 sections plus endnotes) but highly structured with clear divisions","Only 8 defined terms in the interpretation section (bishop, Catholic Church, diocese, parish, parish priest, property trust, public officer, and instrument/association clarification)","Extensive cross-referencing to the Corporations Act 2001 for winding up procedures (section 23 imports an entire federal Act by reference)","Conditional territorial limitations — the Act only applies to portions of dioceses/parishes within the NT, with specific exceptions for cathedrals/churches outside the Territory (sections 2(3)-(4))","Nested administrative requirements for by-laws, gazettal, and bishop's certificates creating multiple procedural layers","Complex property vesting mechanics with joint and several liability provisions (section 17(4)) and indemnity chains","Transitional provisions handling the conversion of an existing incorporated association to the new trust structure (section 30)"],"plain_english_summary":"This law creates a special legal framework for the Catholic Church in the Northern Territory to own and manage property through 'property trusts'.\n\n**What it does:**\n- Allows the Catholic Church (specifically bishops and parish priests) to establish legal entities called 'property trusts' to hold land, buildings, money, and other assets\n- These trusts can be set up for entire dioceses (church regions), individual parishes, or Catholic institutions like schools or charities\n- Makes these trusts 'bodies corporate' — meaning they can legally own property, enter contracts, sue and be sued, just like a company\n\n**Who it affects:**\n- The Catholic Church in the Northern Territory — bishops, parish priests, and Catholic institutions\n- People leaving property to the Church in their wills (the law ensures gifts automatically go to the right trust)\n- Anyone doing business with Catholic Church property\n\n**Key features:**\n- **Property management:** Trusts can buy, sell, borrow money, and invest funds. Diocesan trusts can pool money from multiple trusts into a common investment fund\n- **Automatic gifts:** If someone leaves money to 'the Catholic Church' or a specific parish in their will, it automatically goes to the relevant property trust\n- **Bishop's authority:** Bishops control the creation and amendment of these trusts through written 'by-laws' (internal rules)\n- **Winding up:** If a trust closes, remaining assets go to the diocesan trust, not to individual members\n- **Protection for donors:** People giving money to a trust don't have to check how it's used\n\n**Why it matters:**\nBefore this law, the Catholic Church faced legal difficulties owning property because canon (church) law doesn't create legal entities recognised by Australian courts. This Act solves that by creating a 'bridge' between church structures and Australian property law, letting the Church legally own schools, churches, hospitals, and land while keeping its internal governance structure."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/catholic-church-in-the-northern-territory-act-1979","history":"/api/acts/catholic-church-in-the-northern-territory-act-1979/history","analysis":"/api/acts/catholic-church-in-the-northern-territory-act-1979/analysis","conflicts":"/api/acts/catholic-church-in-the-northern-territory-act-1979/conflicts","importantCases":"/api/acts/catholic-church-in-the-northern-territory-act-1979/important-cases","documents":"/api/acts/catholic-church-in-the-northern-territory-act-1979/documents"}}