{"id":"geraldton-sailors-and-soldiers-memorial-institute-enabling-act-1934","name":"Geraldton Sailors and Soldiers' Memorial Institute Enabling Act 1934","slug":"geraldton-sailors-and-soldiers-memorial-institute-enabling-act-1934","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30577,"registerId":"wa-geraldton-sailors-and-soldiers-memorial-institute-enabling-act-1934-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Geraldton Sailors and Soldiers' Memorial Institute Enabling Act 1934","content":"![Crest]()Western Australia\n\nGeraldton Sailors and Soldiers’ Memorial Institute Enabling Act 1934\n\nWestern Australia\n\nGeraldton Sailors and Soldiers’ Memorial Institute Enabling Act 1934\n\nContents\n\n1. Short title 17\n\n2. Definitions 17\n\n3. Powers of sale in principal Act extended to other lands 17\n\n4. Trustees, power to mortgage 18\n\nNotes\n\nCompilation table 20\n\n  \n\nWestern Australia\n\nGeraldton Sailors and Soldiers’ Memorial Institute Enabling Act 1934\n\nAn Act to enable the body corporate styled The Trustees of the Geraldton Sailors and Soldiers’ Memorial Institute to exercise certain powers of sale, mortgaging, and leasing in regard to certain lands vested or which may hereafter be vested in that body.\n\n##### 1. Short title\n\nThis Act may be cited as the *Geraldton Sailors and Soldiers’ Memorial Institute Enabling Act 1934*, and shall be read as one with the *Geraldton Sailors and Soldiers’ Memorial Institute Act 1929* 1.\n\n##### 2. Definitions\n\nIn this Act —\n\n  The principal Act means the *Geraldton Sailors and Soldiers’ Memorial Institute Act 1929*.\n\n  The Trustees means the Trustees of the Geraldton Sailors and Soldiers’ Memorial Institute, a body corporate incorporated under the principal Act.\n\n##### 3. Powers of sale in principal Act extended to other lands\n\nThe powers of sale, mortgaging, and leasing vested in the Trustees by the principal Act shall extend to and be exercisable by the Trustees, subject to the provisions of the principal Act in relation to the following lands: —\n\n(a) all that piece of land, being Geraldton lot 1118, the subject of Crown grant volume 1035, folio 737;\n\n(b) all those pieces of land, being portions of Geraldton suburban lots 158, 161, and 162 and being lots 8, 9, 10, 28, 29, 30, 43, 44, 45, and 46 on Plan 3476, and being the balance of the land the subject of Crown grant certificate of title volume 1038, folio 90;\n\n(c) any other lands which may from time to time be vested in the Trustees.\n\n[Section 3 amended: No. 19 of 2010 s. 51.]\n\n##### 4. Trustees, power to mortgage\n\n(1) Without limiting the generality of the preceding section, it is hereby declared that the Trustees may, with the approval of the Governor, borrow by way of mortgage such sum or sums of money, at such rate of interest and on such terms and conditions as the Trustees may think fit.\n\n(2) For the purpose of securing payment of any moneys so borrowed, the Trustees may mortgage all or any of the said lands, or any of the lands vested in the Trustees under the principal Act, and any mortgage executed by the Trustees may contain such covenants, provisos, conditions, and powers as the mortgagee may require; and, in the case of the mortgagee being an incorporated bank, may be on the basis of a current account, and contain all such covenants, provisos, conditions, and powers as are usual in securities of a like nature given to the bank, or as the bank and the Trustees may mutually agree.\n\n(3) On any sale or lease of the mortgaged land which may be made by the mortgagee, or by a receiver appointed by the mortgagee, in exercise of its powers as mortgagee, any purchaser or lessee from the mortgagee or such receiver shall hold the said land free and absolutely discharged from any trusts or restrictions, as to the use thereof, to which the same may have been subject prior to the date of such sale or lease.\n\n(4) It shall not be necessary for any mortgagee to see to the application of any moneys borrowed by the Trustees, nor shall the mortgagee be affected by notice, actual or constructive, of the misapplication of any such moneys by the Trustees.\n\n[Section 4 amended: No. 19 of 2010 s. 51.]\n\nNotes\n\n1 This is a compilation of the *Geraldton Sailors and Soldiers’ Memorial Institute Enabling Act 1934* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Geraldton Sailors and Soldiers’ Memorial Institute Enabling Act 1934* 2 | 37 of 1934 | 4 Jan 1935 | 4 Jan 1935 |\n| **Reprint 1: The *Geraldton Sailors and Soldiers’ Memorial Institute Enabling Act 1934* as at 9 May 2003** | | | |\n| *Standardisation of Formatting Act 2010* s. 51 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) |\n\n\n2 This Act is to be read with:\n\n\t*Geraldton Sailors and Soldiers’ Memorial Institute Act 1929.*\n\nRelated Acts:\n\n*Geraldton Sailors and Soldiers’ Memorial Institute Lands Vesting Act 1933*.\n\n*Geraldton Sailors and Soldiers’ Memorial Institute (Trust Property Disposition) Act 1938*.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nThe principal Act 2\n\nThe Trustees 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: expanding the property management powers of a specific Geraldton war memorial trust. The 2010 amendment (Standardisation of Formatting Act) was purely technical — updating formatting and citation style without changing substantive content. The Act has not expanded beyond enabling the Trustees to deal with specific lands and borrow money secured by mortgage."},"complexity_factors":["Only 4 operative sections (plus short title and definitions)","Just 2 defined terms ('The principal Act' and 'The Trustees')","Minimal cross-referencing — only refers back to the 1929 principal Act","Straightforward conditional logic: Governor approval required for borrowing, otherwise powers are fairly absolute","No nested exceptions or complex provisos — section 4(3) and (4) are standard lender protection clauses common in property law","Specific land references (lot numbers, Crown grant volumes) make it concrete rather than abstract, but don't add interpretive complexity"],"plain_english_summary":"**What this law does:**\n\nThis is a short, technical law from 1934 that gives extra powers to a specific group of trustees in Geraldton, Western Australia — the people who run the Geraldton Sailors and Soldiers' Memorial Institute (a war memorial organisation).\n\n**Specifically, it lets them:**\n\n* **Sell, lease, or mortgage** certain parcels of land that either belong to them or might belong to them in the future. This includes specific lots in Geraldton (listed by their official land titles) and any other land they acquire later.\n* **Borrow money** using a mortgage, with the Governor's approval. They can negotiate the interest rate and terms themselves.\n* **Protect banks and lenders** who give them money. If the trustees mess up or misuse the loan, the bank isn't held responsible — they can still seize and sell the land to get their money back, and whoever buys that land gets it free of any old restrictions.\n\n**Who it affects:**\n\n* The Trustees of the Geraldton Sailors and Soldiers' Memorial Institute (the governing body of this war memorial).\n* Banks or other lenders who might loan money to the Institute.\n* Anyone buying or leasing land from the Institute or from a bank that has foreclosed on the Institute.\n\n**Why it matters:**\n\nThis law was passed during the Great Depression (1934) to help a local war memorial organisation manage its property more flexibly. Without this Act, the trustees would have been stuck with land they couldn't easily sell or use as security for loans. It essentially modernised their property management powers at a time when many community organisations needed financial flexibility to survive.\n\nThe law is still on the books today, though it only affects this one specific organisation and its land holdings in Geraldton."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Insufficient information to assess whether the scope changed from original intent. No legislative text was retrievable from the provided source."},"complexity_factors":["No legislative text is available for analysis — the source page has been removed","Only the Act's title can be assessed, which suggests a narrow, single-purpose enabling instrument","Historical Acts of this type (1934, local memorial institute) were typically short and straightforward in scope"],"plain_english_summary":"Likely a 1934 Western Australian statute empowering the Geraldton Sailors and Soldiers' Memorial Institute — creating or confirming its legal status and authorities to hold property, manage funds and contracts. It would primarily affect the institute, veterans and the local community by governing how the memorial’s assets and operations are legally managed.\n\nThe Act’s text isn’t available here; consult WA legislation or the Parliamentary Counsel for the exact provisions."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Act expands the scope of the principal Act by expressly extending the Trustees' sale, mortgage and lease powers to additional specified lots and to any lands later vested in them, and by authorising, with Governor approval, borrowing secured by mortgage and protecting mortgagees (ss 3–4). Practically, it broadens the Trustees' disposal and financing options relative to the 1929 Act and creates legal protections and reduced monitoring duties for lenders; implementation requires reading both Acts together."},"complexity_factors":["Short, focused statute but depends on and must be read with the principal Act (s 2) — creates interdependence and requires cross-reference.","Extends property powers to specifically described parcels and any future vested lands, creating ongoing scope (s 3(a)–(c)).","Requires Governor's approval for borrowing, adding an executive discretion point (s 4(1)).","Permits broad mortgage terms including bank-standard covenants and current-account security, increasing commercial flexibility (s 4(2)).","Gives purchasers from mortgagee/receiver title free of prior trusts and restricts mortgagee liability to monitor funds — affects third‑party rights and due-diligence obligations (ss 4(3)–(4)).","Amendment history and external Acts (Standardisation of Formatting Act 2010) mean one must check compilations for current wording."],"plain_english_summary":"*Geraldton Sailors and Soldiers’ Memorial Institute Enabling Act 1934* lets the Institute's Trustees use the sale, mortgage and lease powers from their 1929 Act on additional named lots and any future lands vested in them. With the Governor's approval the Trustees may borrow secured by mortgage; mortgages can include broad bank-style terms, purchasers from mortgagees take land free of prior trusts, and mortgagees are not required to monitor how borrowed funds are spent (see ss 3–4). It affects Trustees, lenders, purchasers and users of the specified land."}},"importantCases":[],"_links":{"self":"/api/acts/geraldton-sailors-and-soldiers-memorial-institute-enabling-act-1934","history":"/api/acts/geraldton-sailors-and-soldiers-memorial-institute-enabling-act-1934/history","analysis":"/api/acts/geraldton-sailors-and-soldiers-memorial-institute-enabling-act-1934/analysis","conflicts":"/api/acts/geraldton-sailors-and-soldiers-memorial-institute-enabling-act-1934/conflicts","importantCases":"/api/acts/geraldton-sailors-and-soldiers-memorial-institute-enabling-act-1934/important-cases","documents":"/api/acts/geraldton-sailors-and-soldiers-memorial-institute-enabling-act-1934/documents"}}