{"id":"tas:act-1958-077","name":"Hobart Hebrew Congregation Act 1958","slug":"hobart-hebrew-congregation-act-1958","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"77 of 1958","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110447,"registerId":"tas-act-1958-077-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Hobart Hebrew Congregation Act 1958](/view/html/inforce/2026-04-12/act-1958-077) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***company*** means the Perpetual Trustees Executors and Agency Company of Tasmania Limited;\n> \n> > ***congregation*** means the Hobart Hebrew Congregation;\n> \n> > ***declarations of trust*** means the declarations of trust referred to in the preamble to this Act;\n> \n> > ***governing body*** means the governing body of the congregation constituted in accordance with this Act;\n> \n> > ***order*** means the order of the Supreme Court referred to in the preamble to this Act;\n> \n> > ***trust funds*** means the moneys and investments held by the company subject to the order and the declarations of trust.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Incorporation of congregation","content":"### 3 Incorporation of congregation\n\n> > (1)  All persons who are now or who may hereafter become members of the Hobart Hebrew Congregation are hereby constituted a body corporate, with perpetual succession and a common seal, by the name of \"The Hobart Hebrew Congregation\".\n> \n> > (2)  All persons whose names appear at the commencement of this Act on the roll of the members of the Hobart Hebrew Congregation kept at the Synagogue at Hobart shall be deemed to be members of the congregation at the commencement of this Act.\n> \n> > (3)  There shall be a governing body of the congregation, consisting of not less than 3, or more than 7, members of the congregation appointed or elected in accordance with this Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Rules of congregation","content":"### 4 Rules of congregation\n\n> > (1)  The members of the congregation, or a majority of them present at a meeting convened in that behalf according to the rules of the congregation, and entitled under those rules to vote at the meeting, may make rules with respect to the following matters:\n> > \n> > > > (a) The appointment or election of the governing body and officers of the congregation;\n> > > \n> > > > (b) The functions and proceedings of the governing body and officers of the congregation;\n> > > \n> > > > (c) The management and superintendence of the affairs and business of the congregation and the regulation of matters concerning the property of the congregation;\n> > > \n> > > > (d) The election, admission, and expulsion of members of the congregation; and\n> > > \n> > > > (e) The meetings of the congregation.\n> \n> > (2)  Without prejudice to the generality of the provisions of [subsection (1)](#GS4@Gs1@EN) the rules made thereunder may –\n> > \n> > > > (a) authorize the governing body constituted in accordance with those rules to make rules with respect to any of the matters referred to in that subsection; and\n> > > \n> > > > (b) provide that any rules made under that subsection shall be of no effect in so far as they are inconsistent with any rules made by the governing body under this subsection.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Transfer of property to congregation","content":"### 5 Transfer of property to congregation\n\n> > (1)  There shall, by virtue of this Act, be transferred to and vest in the congregation all estates and interests in or attaching to any property which were held immediately before the commencement of this Act by any person for, or for any of the purposes of, the congregation, and all rights and liabilities to which any such person was entitled or subject immediately before such commencement acquired or incurred in connection with such property.\n> \n> > (2)  [Subsection (1)](#GS5@Gs1@EN) shall not apply to the trust funds.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Application of trust funds","content":"### 6 Application of trust funds\n\n> > (1)  Notwithstanding anything in the order or the declarations of trust the company shall, on being required so to do by the governing body of the corporation –\n> > \n> > > > (a) pay to the congregation any money held by the company which forms part of the trust funds; and\n> > > \n> > > > (b) realize any investments forming part of the trust funds and pay the proceeds thereof to the congregation after deducting therefrom the costs and expenses incurred by the company in the realization of the investment.\n> \n> > (2)  Any money paid to the congregation under [subsection (1)](#GS6@Gs1@EN) shall not be applied otherwise than for the purposes of the provision, repair, or maintenance of a synagogue, or of any extension, improvement, or other alteration of a synagogue.\n> \n> > (3)  Subject to the provisions of [subsection (1)](#GS6@Gs1@EN) all the rights of the trustees of the congregation to the payment of any interest in respect of the investment of the trust funds, and their duties, obligations, and liabilities in respect of the application of any such interest shall, by virtue of this Act, be transferred to and vest in the congregation.\n> \n> > (4)  Except as is otherwise expressly provided in this section, nothing in this section shall affect the operation of the order or the declarations of trust in relation to so much of the trust funds as have not for the time being been paid or converted in accordance with this section.","sortOrder":5}],"analysis":{"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":2,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose: incorporating the Hobart Hebrew Congregation and arranging the transfer of its property and trust funds. The scope has not expanded beyond this specific religious community and its immediate governance needs."},"complexity_factors":["Only 6 defined terms in the interpretation section","Straightforward single-purpose legislation with no cross-references to other Acts","Simple conditional logic limited to basic exceptions (e.g., subsection 5(2) excluding trust funds from property transfer)","No nested exceptions or complex procedural requirements","Short length (6 sections) with clear sequential structure","Limited operational provisions – most governance details left to rules made by members rather than statutory prescription"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal structure for the Jewish community in Hobart, Tasmania. It turns the Hobart Hebrew Congregation into a **body corporate** (a legal entity that can own property, enter contracts, and sue or be sued in its own name, like a company).\n\n**Who it affects:**\n\n- **Members of the Hobart Hebrew Congregation** – they automatically become part of this new legal entity\n- **The Perpetual Trustees Executors and Agency Company of Tasmania Limited** – a trustee company holding certain funds for the congregation\n- **The governing body** – a committee of 3 to 7 members who run the congregation\n\n**Key things the law does:**\n\n- **Incorporates the congregation**: Before this Act, the congregation was just an informal group. Now it's a permanent legal body that continues even if individual members leave or die.\n\n- **Transfers property**: Any property held for the congregation before this Act automatically transfers to the new corporate body (except for specific trust funds held by the trustee company).\n\n- **Sets up governance**: Members can make rules for electing leaders, managing property, admitting new members, and running meetings. The governing body can also make sub-rules.\n\n- **Controls special trust funds**: Money held by the trustee company for the congregation can be released to the congregation, but **only for synagogue purposes** – building, repairing, or maintaining the synagogue. The trustee company remains responsible for managing any funds not yet released.\n\n**Why it matters:**\n\nThis is a **private Act** – legislation written specifically for one religious community. It solves a practical problem: religious congregations often hold property and funds, but without incorporation, they face legal difficulties (who owns the building? who can sign a lease?). This gives the Hobart Jewish community a clear legal identity and framework for managing their affairs and sacred spaces."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no evidence that the scope of this Act has changed from its original intent. It appears to remain a narrow, purpose-specific piece of legislation focused solely on the legal status and property affairs of the Hobart Hebrew Congregation, consistent with its original 1958 purpose."},"complexity_factors":["Narrow, single-organisation scope limits complexity significantly","Private Acts of this type (mid-20th century religious congregation incorporation) follow a well-established template with limited technical legal innovation","Appears largely unchanged since 1997 (possibly earlier), suggesting minimal amendments or evolving complexity","Full operative text was not provided, preventing assessment of any nuanced provisions","Likely contains straightforward property and governance provisions typical of similar Acts"],"plain_english_summary":"The Hobart Hebrew Congregation Act 1958 is a private law granting the Hobart Jewish community formal corporate status and a legal framework to hold and manage its property and assets. It sets out governance and property arrangements that affect congregation members and anyone dealing with the congregation (for example in contracts or land transactions). The Act matters because it gives the community a secure legal basis to own land, enter agreements, and manage affairs long term."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act itself creates corporate status for the congregation and sets out how most property and certain trust funds are to be handled. The text does not on its face show a narrowing or widening of scope compared with prior instruments; determining any change from earlier arrangements (the preamble's order or declarations of trust) requires comparing those external documents, which are not included in the Act."},"complexity_factors":["Separate treatment of 'trust funds' versus other property creates a two-track asset regime (ss.5–6).","Obligation on the named company (Perpetual Trustees Executors and Agency Company of Tasmania Limited) to pay or realise trust investments on demand imposes a compliance duty and allows deduction of realisation costs (s.6(1)(a)–(b)).","Strict limitation on permitted application of paid funds to synagogue provision, repair or alteration constrains recipient discretion (s.6(2)).","Interplay with an external 'order' and 'declarations of trust' (defined in s.2 and referenced throughout) means full effect depends on documents not reproduced in the Act (s.6(4)).","Governance and rule‑making powers are layered: members may make rules and may authorise the governing body to make subordinate rules, with conflict-resolution mechanics (s.4(1)–(2)).","Automatic vesting of existing congregation property in the new corporate body (s.5) affects titles, rights and liabilities and may require formal transfer steps in practice."],"plain_english_summary":"This Act makes the Hobart Hebrew Congregation a legal corporation, sets a governing body and lets members make internal rules. It transfers most congregation property into that corporate body but excepts certain \"trust funds\". The Perpetual Trustees company must, when asked by the governing body, pay or realise those trust funds for synagogue provision, repair or alteration, and may deduct realisation costs. The governing body decides to trigger payments; the company executes them."}},"importantCases":[],"_links":{"self":"/api/acts/hobart-hebrew-congregation-act-1958","history":"/api/acts/hobart-hebrew-congregation-act-1958/history","analysis":"/api/acts/hobart-hebrew-congregation-act-1958/analysis","conflicts":"/api/acts/hobart-hebrew-congregation-act-1958/conflicts","importantCases":"/api/acts/hobart-hebrew-congregation-act-1958/important-cases","documents":"/api/acts/hobart-hebrew-congregation-act-1958/documents"}}