{"id":"loch-public-hall-trust-act-1966","name":"Loch Public Hall Trust Act 1966","slug":"loch-public-hall-trust-act-1966","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173292,"registerId":"vic-loch-public-hall-trust-act-1966-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Loch Public Hall Trust Act 1966","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nLoch Public Hall Trust Act 1966\nAct No. 7387/1966\nVersion as at 14 February 2000\nTABLE OF PROVISIONS\nSection Page\n1. Short title 5\n2. Definitions 5\n3. Validation of deed of trust 6\n4. Power to pay fund to the trustees under the deed of trust 7\n5. Application of fund by trustees under deed of trust 7\n__________________\nSCHEDULES 8\nSCHEDULE 1 8\nSCHEDULE 2 17\n═══════════════\nENDNOTES 18\n1. General Information 18\n2. Table of Amendments 19\n3. Explanatory Details 20\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nLoch Public Hall Trust Act 1966\nAct No. 7387/1966\nVersion as at 14 February 2000\nAn Act to validate a certain Deed of Trust relating to certain\nLand at Loch and the Building thereon known as the Loch\nMechanics' Institute Hall, to authorize the Application of certain\nMoneys raised for the Purpose of building a Memorial Hall at\nLoch to the Erection of Extensions to the said Building, and for\nother purposes.\nPreamble\nWHEREAS—\n(a) a building known as the Loch Mechanics'\nInstitute Hall is erected on land (being the\nland described in the First Schedule to the\ndeed of trust a copy of which is set out in\nSchedule 1 to this Act) which was purchased\nin or about the year 1891 and registered in\nthe names of certain persons who undertook\nto erect within twelve months a building\nthereon to be used as a Mechanics' Institute\nand Free Library;\n(b) the said land was in or about the year 1947\ntransferred to Patrick James Hayes William\nCharles Green and Percival Roy Bridger all\nof Loch who are now registered as the\nproprietors thereof and hold the land as\ntrustees;\n(c) subsequently under a constitution purporting\nto be the constitution of a society known as\nthe Loch Mechanics' Institute the said\nPercival Roy Bridger resigned as trustee and\nAlbert James Ferrier of Loch was appointed\nto act in his place;\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n2\n(d) the said Loch Mechanics' Institute operating\nunder the said constitution and rules of\nmanagement conducted a public library and\nhall at the said building for the use of the\npeople of Loch and district who were\nsubscribers thereto and from the year 1948,\nthe library having been discontinued and the\nsaid building being used as a public hall, for\nthose people without payment of a\nmembership fee:\nAND WHEREAS—\n(a) at a public meeting held at Loch on the\n11th day of September, 1945 it was resolved\nthat a new memorial hall be built at Loch and\nfor that purpose sums amounting to Eleven\nhundred and seventy-eight pounds were\ndonated by various persons and a total sum\nof Eleven hundred and ninety-nine pounds\nwas raised by public and other money-raising\nefforts;\n(b) at a public meeting held at Loch on the\n12th day of October, 1945 it was resolved\nthat the land described in Schedule 2 be\npurchased as a site for the proposed\nmemorial hall and the said lands were\npurchased accordingly;\n(c) at a public meeting held at Loch on the\n13th day of December, 1955 it being not\npracticable to proceed with the building of a\nmemorial hall with the amount of money\navailable it was resolved inter alia that a\nfurther public meeting be called for the\n24th day of January, 1956 for the purpose of\ngiving to persons who had subscribed money\nfor the purpose of erecting a memorial hall\nthe option of having their money returned\nand of considering a proposal that any money\nthen remaining be used for a different\npurpose;\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n3\n(d) a meeting was held on the said 24th day of\nJanuary and no person at the meeting sought\nor at any other time has sought to have\nreturned any money subscribed by him;\n(e) at the said meeting held on the 24th day of\nJanuary, 1956 it was resolved that the\nresolution that a new memorial hall be built\nin Loch carried by the meeting held on the\n11th day of September, 1945 be rescinded;\n(f) at a public meeting held at Loch on the\n2nd day of September, 1960 it was\nresolved—\n(i) that this public meeting held to arrange\nfor the disposal of funds held for the\npurpose of building a memorial hall\ndoes not approve of the original\nproposals to build a memorial hall; and\n(ii) that if the trustees of the Loch\nMechanics' Institute would agree to\nchange the name of the Institute to\nPublic Hall the funds held in trust for\nthe purpose of building a new\nmemorial hall in Loch be handed over\nto the trustees of the Loch Mechanics'\nInstitute for the purpose of extending\nthe existing hall of the Institute and\nincorporating in the extensions club\nrooms for the Loch Sub-branch of the\nVictorian Branch of the Returned\nSailors' Soldiers' and Airmen's Imperial\nLeague of Australia; and\n(iii) subject to the preceding resolution\nbeing approved by the Loch\nMechanics' Institute the trustees of the\nland purchased for the new memorial\nhall be empowered to sell the land by\npublic auction:\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n4\nAND WHEREAS—\n(a) on the 22nd day of March, 1963 there\nappeared in the Korumburra Times a\nnewspaper circulating in the Loch district\nover the name of M. J. R. Coster the\nChairman of the Loch Mechanics' Institute\nHall Committee the following notice:\n\"Loch Mechanics' Institute.\nI hereby convene a public meeting of the\nresidents of Loch and district to be held at\nLoch Mechanics' Institute at 8 p.m. on the\n9th day of April, 1963 for the following\npurposes:\n1. To approve the change of name to Loch\nPublic Hall.\n2. To consider and approve of a trust deed\nsetting out the trusts on which the Loch\nPublic Hall premises are to be held.\n3. To appoint trustees under the trust deed\nand elect a committee and office\nbearers.\n4. To authorize the trustees to execute the\ntrust deed and register the trust as a\nsuccessory trust. Dated the 21st day of\nMarch, 1963.\";\n(b) at a meeting held on the 9th day of April,\n1963 pursuant to the said notice a draft of a\ndeed of trust providing that the trustees under\nthe deed should hold the land on which the\nLoch Mechanics' Institute Hall is erected\nupon trust to permit the same to be used in\nperpetuity as a public hall and place of\nrecreation and amusement under the name of\nthe Loch Public Hall for the advantage and\nbenefit of the local residents was produced\nand discussed and (inter alia) resolutions\napproving the draft deed of trust and\naccepting the change of name from the Loch\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n5\nMechanics' Institute to the Loch Public Hall\nwere passed unanimously:\nAND WHEREAS the deed of trust a copy of\nwhich is set out in Schedule 1 is in the form of the\ndraft deed of trust adopted by the said meeting of\nthe 9th day of April, 1963 and was executed on the\n3rd day of September, 1963 by the said Patrick\nJames Hayes William Charles Green and Albert\nJames Ferrier as trustees:\nAND WHEREAS doubts have arisen concerning\nthe validity of the said deed of trust and it is\nexpedient to remove those doubts and to authorize\nthe application of the moneys held for the purpose\nof a new memorial hall for another purpose and to\nmake other provision as hereinafter enacted:\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 (that is to say):\n1. Short title\nThis Act may be cited as the Loch Public Hall\nTrust Act 1966.\n2. Definitions\nIn this Act unless inconsistent with the context or\nsubject-matter—\n\"deed of trust\" means the deed of trust dated the\n3rd day of September, 1963 a copy of which\nis set out in Schedule 1;\n\"fund\" means the moneys donated and raised as\nhereinbefore recited for the purpose of\nerecting a new memorial hall at Loch\ntogether with all interest accrued or accruing\nthereon and includes the land described in\nSchedule 2.\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n6\n3. Validation of deed of trust\n(1) The deed of trust shall subject to this Act be\ndeemed to be lawful and valid for all purposes.\n(2) The persons named in the deed of trust as trustees\nand as a committee of management respectively\nshall be deemed to have been properly and validly\nappointed as such.\n(3) The registered proprietors of the land described in\nthe First Schedule to the deed of trust shall do all\nthings necessary to transfer that land and any\nfurniture and effects mentioned in the deed of\ntrust and held by or vested in them to the trustees\nunder the deed of trust.\n(4) The land described in the First Schedule to the\ndeed of trust together with all buildings and\nimprovements thereon and the furniture and\neffects in or used for the purposes of the said\nbuildings—\n(a) shall be held by the said trustees upon the\ntrusts expressed in the deed of trust free from\nall other trusts; and\n(b) shall be managed and controlled by a\ncommittee as provided in the deed of trust:\nProvided that notwithstanding anything in the\ndeed of trust—\n(a) the said land buildings and improvements\nincluding any extensions erected pursuant to\nsection 5 shall not be or be capable of being\nsold or leased except to the Crown or the\nmunicipality in whose municipal district the\nland is situated or be or be capable of being\nmade subject to any power of sale; and\n(b) no alteration or addition shall be made to the\ndeed of trust which would have the effect of\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n7\naltering the trust expressed in clause 2\nthereof.\n(5) The trusts evidenced by the deed of trust are\nhereby declared to be trusts which may be\nregistered under Part II of the Religious\nSuccessory and Charitable Trusts Act 1958.\n4. Power to pay fund to the trustees under the deed of\ntrust\n(1) Notwithstanding anything in any Act or law or in\nany trust or agreement—\n(a) the registered proprietors of the land\ndescribed in Schedule 2 may sell that land by\npublic auction; and\n(b) the whole of the fund may after payment\nthereout of all proper costs and expenses be\npaid to the trustees for the time being under\nthe deed of trust.\n(2) Upon payment of the fund or any part thereof\npursuant to this section to the trustees the persons\nwho held the fund or the part thereof so paid upon\ntrust for the purposes of a new memorial hall shall\nbe freed and discharged from all further duties and\nliabilities under that trust in respect of the fund or\npart thereof so paid.\n5. Application of fund by trustees under deed of trust\nThe trustees under the deed of trust shall pay and\napply all moneys paid to them pursuant to\nsection 4 for or towards the erection of extensions\nand a facade to the hall now erected on the land\nreferred to in section 3 and shall hold any portion\nof the said moneys which remains after the\ncompletion of the said extensions and facade upon\nthe trusts expressed in the deed of trust.\n__________________\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n8\nSCHEDULES\nSCHEDULE 1\nTO WHOM THESE PRESENTS SHALL COME:\nWE PATRICK JAMES HAYES WILLIAM CHARLES GREEN and\nALBERT JAMES FERRIER all of Loch SEND GREETINGS:\nWHEREAS in or about the year 1891 the land set out in the First Schedule\nhereto was acquired and there was built thereon a building for many years\npassed known as the Loch Mechanics Institute:\nAND WHEREAS in or about the year 1947 PATRICK JAMES HAYES\nGrazier WILLIAM CHARLES GREEN Farmer and PERCIVAL ROY\nBRIDGER Farmer all of Loch were duly appointed Trustees and became and\nremain registered as proprietors of the said land:\nAND WHEREAS the said Percival Roy Bridger resigned as Trustee and\nALBERT JAMES FERRIER of Loch Farmer was appointed in his place:\nAND WHEREAS the Loch Mechanics Institute operated under a\nConstitution and Rules of Management for very many years as a Public\nLibrary and Hall for the use of the people of Loch and district members\nthereof consisting of subscribers:\nAND WHEREAS in the year 1948 the library having been discontinued it\nwas duly agreed that the qualification of a membership fee be discontinued:\nAND WHEREAS at a meeting of the residents of Loch and district convened\nby the President of the Loch Mechanics Institute at Loch on the Ninth day of\nApril 1963 by resolutions of the said meeting We Patrick James Hayes\nWilliam Charles Green and Albert James Ferrier were elected Trustees of the\nsaid land and premises and the persons named in the Second Schedule hereto\nwere elected members of the Committee of Management thereof:\nAND WHEREAS a draft of this Deed having been submitted to and\napproved by the said meeting we were authorized and directed by further\nresolutions of the meeting to execute this Deed and to make and sign an\napplication to register the said Trust under Part II of the Religious\nSuccessory and Charitable Trusts Act 1958:\nNOW THIS DEED WITNESSETH as follows—\n1. In the interpretation of this Deed the following words shall have the\nfollowing meanings—\n\"the trust premises\" means the land described in the First Schedule\nhereto together with all buildings and other improvements for the\ntime being erected thereon and where the context permits\nPreamble,\nsections 2, 3.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n9\nincludes all furniture and effects for the time being situated in or\nabout or used for the purposes of the said buildings;\n\"the local residents\" means the persons for the time being residing\nwithin a radius of three miles of the intersection of the South\nGippsland Highway and the Loch Wonthaggi Road and such\nother persons outside such area as are accepted as local residents\nby an absolute majority of the committee at any committee\nmeeting which last-mentioned local residents shall continue to be\ntreated as such until the committee by a like majority declares\notherwise;\n\"the committee\" means the committee hereby established for the\nmanagement and control of the trust premises;\n\"extraordinary resolution\" means a resolution passed by a majority\nof such adult local residents as are present at a general meeting\nof which notice specifying the intention to propose the resolution\n(which may be described briefly in general terms and may be\namended at the meeting) has been given by posting the same for\nat least fourteen days before the meeting on the principal door of\nthe trust premises and by advertising the same twice in the\nnewspaper published in Korumburra so that not less than five\ndays intervene between the two insertions and also between the\nlast insertion and the meeting.\n2. Subject to the powers and provisions herein contained the trustees shall\nhold the trust premises upon trust to permit the same to be used in\nperpetuity as a Public Hall and place of recreation and amusement under\nthe name of the Loch Public Hall for the advantage and benefit of the\nlocal residents either gratuitously or in consideration of such money\npayment and in either case on such terms and conditions as the\ncommittee from time to time determine.\n3. The trustees shall if so directed and may if so empowered by an\nextraordinary resolution of a general meeting of local residents and\nsubject to and in accordance with the terms of such resolution sell\nmortgage (with a power of sale) exchange lease or create or reserve\neasements over the trust premises or any part thereof specified in such\nresolution but so that such power to sell or exchange the trust property\nshall notwithstanding anything contained in Clauses 3, 5, 9(b) and 9(c)\nhereof be limited to a sale or exchange to or with the Crown or the local\nmunicipality.\nAND IT IS HEREBY DECLARED AS FOLLOWS—\n(a) the trustees may if so authorized by resolution of the committee and\nsubject to and in accordance with the terms of such resolution lease\nthe trust premises or any part thereof specified in the resolution\nwithout the sanction of an extraordinary resolution for a term not\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n10\nexceeding two years and may also if authorized and subject to and in\naccordance with the terms of the resolution without the sanction of\nan extraordinary resolution sell all or any of the furniture and effects\nvested in them by virtue thereof;\n(b) any land or premises taken by the trustees under any such exchange\nas aforesaid shall be held by the trustees upon the trusts and with and\nsubject to the powers and provisions herein declared and contained.\n4. The committee shall pay or provide for all payments required in respect\nof the rates taxes repairs painting renewals and outgoings of all kinds in\nrespect of the trust premises and shall indemnify the trustees in respect\nthereof.\n5. The trust premises shall be insured against fire in the names of the\ntrustees in an office of repute approved by them in the sum of Two\nthousand pounds in respect of buildings and the sum of Four hundred and\nfifty pounds in respect of furnishings or such larger sums as the\ncommittee shall direct and the receipts for the last premiums payable\nshall be produced to the trustees whenever required by them and the\ntrustees shall not be required to pay the premium payable on any such\ninsurance or to pay any other outgoings of the trust premises and if the\ntrustees shall in their discretion make any such payment they shall give\nnotice thereof to the committee and shall forthwith be reimbursed by the\ncommittee and should the committee on being applied to fail to\nreimburse the trustees all moneys paid by them within one week of such\napplication the trustees may give a further notice of the committee and at\nthe expiration of one month from the giving of such further notice the\ntrustees may without any further consent or direction sell the trust\npremises or any part thereof and repay to themselves the amount so paid\nby the trustees.\n6. Subject as aforesaid the trustees shall so far as practicable in any\ndisposition of or dealing with the trust premises act in accordance with\nany resolution or direction of the committee of which they have notice.\n7. No purchaser mortgagee lessee or other person dealing with the trustees\nshall be concerned or at liberty to enquire nor shall the Registrar of Titles\nor Registrar-General be concerned to enquire whether any resolution or\nauthority of the local residents or the committee has been made or given\nand no sale mortgage lease or other dealing by the trustees shall be\nimpeachable on the ground that no resolution or authority was made or\ngiven or on the ground of any impropriety or irregularity connected with\nany such resolution or authority but as regards such purchaser mortgagee\nlessee or other person (including the Registrar of Titles or Registrar-\nGeneral) the transaction shall be conclusively presumed to be within the\npowers of the trustees and to be proper and regular in every respect and\nshall be valid accordingly.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n11\n8. The trustee shall not be concerned to see that the committee or any of\ntheir officers are properly appointed or as to the regularity of their\nmeetings of proceedings and may act on any writing purporting to be a\ncopy of a resolution passed by the committee and entered in the\ncommittee's minute book signed by the secretary or chairman for the time\nbeing of the committee and or by the person for the time being professing\nto act as such secretary or chairman nor shall the trustees be concerned to\nsee that any meeting of local residents was properly called or that any\nextraordinary resolution was properly passed or as to the regularity of\nany such meeting or the proceedings thereat and may act on any writing\npurporting to be a copy of a resolution passed at any meeting of local\nresidents and signed and certified as a true copy by the chairman of such\nmeeting. And the trustees shall not incur any liability or responsibility for\nacting on any such writing.\n9. The following moneys, namely—\n(a) all moneys received by the trustees under any fire insurance;\n(b) all surplus moneys arising on a sale by the trustees under Clause 5\nhereof;\n(c) all moneys received by the trustees on or from the sale mortgage or\nlease of the trust premises or any part thereof;\n(d) all moneys received by the trustees from any mortgage of the trust\npremises or any part thereof;\n(e) any other moneys received by trustees from or in respect of the trust\npremises on which care in anywise subject to the trusts hereof—\nshall be paid to the committee.\n10. (a) the management and control of the trust premises shall be vested in a\ncommittee constituted as hereinafter provided;\n(b) the committee shall consist of twelve members and in addition the\ntrustees as hereinafter referred to;\n(c) the first members of the committee shall be the persons named in the\nSecond Schedule hereto;\n(d) the members of the committee shall retire from office on the day of\nthe annual general meeting of local residents to be held each year\ncommencing with the annual meeting to be held in the year One\nthousand nine hundred and sixty-four;\n(e) members of the committee to fill the places of those retiring shall be\nelected each year by the adult local residents at the said annual\ngeneral meeting and retiring committee members shall be eligible for\nre-election and shall remain in office until their successors are\nre-appointed;\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n12\n(f) four members of the committee shall be elected by the annual\ngeneral meeting each year to fill the positions of President Vice-\nPresident Secretary and Treasurer respectively and Maurice James\nRobinson COSTER shall be the first President Michael Augustine\nBINGHAM the first Vice-President Aubrey Clarence SMITH the\nfirst Secretary and William Robert THOMPSON the first Treasurer;\n(g) casual vacancies occurring among the committee members prior to\nany annual meeting may be filled up by the committee;\n(h) no person shall be eligible to hold office as a committee member\nunless he or she shall be an adult local resident and any committee\nmember ceasing to be a local resident shall thereby cease to be a\ncommittee member;\n(i) the trustees from time to time shall be ex officio members of the\ncommittee and shall not (whilst they remain trustees) be required to\nretire in accordance with Clause 10(d) hereof.\n11. (a) an annual general meeting of local residents shall be held for the\npurpose of transacting business connected with the trust premises in\nthe month of March each year at such time and place as the\ncommittee shall decide and not less than seven days' notice of the\ntime and place fixed for the meeting shall be given by advertisement\nin the newspaper published in Korumburra and shall be posted up on\nthe principal door of the trust's premises for at least seven days\nprevious to the meeting;\n(b) if the committee does not call the annual general meeting in the\nmonth of March in any year any ten adult local residents may call the\nmeeting for any day in April and notice of the time and place fixed\nfor the meeting shall be given by them in the manner hereby\nprescribed in the case of an annual general meeting called by the\ncommittee;\n(c) a special general meeting may be called at any time by the\ncommittee or by any twenty adult local residents and notice of the\ntime and place fixed for the meeting shall be given in the manner\nhereby prescribed in the case of an annual general meeting called by\nthe committee and such notice shall specify the business intended to\nbe transacted at the meeting;\n(d) the president and failing him the vice-president shall preside at any\ngeneral meeting and in the absence of them both some person chosen\nby the meeting;\n(e) the only persons who shall be entitled to vote at general meetings\nshall be adult local residents. The quorum necessary for the\ntransaction of the business of a general meeting shall be eight adult\nresidents.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n13\n12. The committee shall regulate its own procedure provided as follows—\n(a) the president and failing him the vice-president shall preside at\nmeetings of the committee and in the absence of them both a\nmember chosen by the meeting;\n(b) the quorum necessary for the transaction of the business of the\ncommittee shall be seven members;\n(c) at least one clear day's written notice of the time and place fixed for\nholding a meeting of the committee shall be give to every member\nthereof;\n(d) a minute book shall be kept by the committee and all proceedings of\nthe committee shall be entered therein.\n13. In case of an equality of votes at a general meeting or at a meeting of the\ncommittee the chairman shall have a second or casting vote.\n14. Any notice to be given to any person under this deed shall be sufficiently\ngiven if sent through the post to his usual or last known place of\nresidence. Any notice to be given to the committee shall be sufficiently\ngiven if sent through the post to the Secretary at his usual place of\nresidence.\n15. The committee shall (subject to such conditions and restrictions as are\nimposed by a general meeting) have the following additional power—\n(a) at any time or times to close the trust premises or any part thereof for\nthe purpose of carrying out repairs alterations or other similar work\nfor such period as may be necessary;\n(b) to give any person or persons corporate or unincorporate the\nexclusive use of the trust premises or any part thereof for any period\nnot exceeding one week at a time and the right during such period to\nmake such charges for the admission of the general public as such\nperson or persons shall think fit (but not exceeding any maximum\namount for each person fixed by the committees);\n(c) to make charges for the use or hire of the trust premises or any part\nthereof or for admission thereto on any particular occasion;\n(d) to permit the trust premises or any part thereof to be used with or\nwithout charge by any religious denomination for religious services\nor other purposes;\n(e) in special circumstances to permit the trust premises or any part\nthereof to be used free of charge by any person or persons;\n(f) to raise money by public subscription or otherwise and to borrow\nmoney on or without security (including a guarantee);\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n14\n(g) to repair alter enlarge or rebuild the buildings and other\nimprovements for the time being erected on the said land and to erect\nadditional buildings or improvements;\n(h) to make alter or rescind rules with regard to the carrying on and\nmanagement of the trust premises and to all or any of the matters in\nrespect of which any power or duty is hereby vested in the\ncommittee.\n16. All monies received by the committee under or for the purposes of this\ndeed shall be applied by the committee in repairing and improving the\ntrust premises and keeping the same and the furniture and effects for the\ntime being therein insured against fire and otherwise as the committee\nshall deem necessary and in paying all rates taxes interest and other\noutgoings from time to time payable in respect thereof and in paying all\nexpenses of carrying on the trust premises and all debts secured thereon\nor incurred in connexion therewith and providing and repairing furniture\nand such other things as may be required or considered expedient for the\npurposes of the trust premises and for charitable or other deserving\npurposes or otherwise in executing the trusts and powers herein\ncontained provided that the committee shall not make any payment\nexceeding Twenty pounds for charitable or other deserving purposes\nwithout the sanction of a general meeting.\n17. At the annual general meeting in each year an auditor shall be appointed\nto audit the trust accounts. Until the annual meeting to be held in the year\n1964 the auditor shall be Gordon WILLIAMS. At the annual meeting in\neach year duly audited accounts of the trust premises for the preceding\nfinancial year (including accounts of all moneys received and disbursed\nby the committee) shall be submitted.\n18. The following provisions as to the appointment of new trustees and the\nretirement of trustees shall apply to this deed by way of variation and\nextension of the statutory powers.\n19. (a) the trustees of this deed shall be three in number;\n(b) no person who is not an adult local resident shall be appointed a\ntrustee hereof and any trustee who ceases to be a local resident shall\nthereby cease to be a trustee of this deed;\n(c) any trustee may retire from the trusts of this deed on giving two\nmonths' notice in writing of his intention so to do to each of the other\ntrustees for the time being and to the chairman (if any) of the\ncommittee and upon the termination of such two months the trustee\ngiving the notice shall cease to be a trustee of this deed;\n(d) new trustees or a new trustee to fill a vacancy or to increase the\ntrustees to a number not exceeding three may be selected by a\ngeneral meeting;\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n15\n(e) the statutory power of appointing new trustees shall not be exercised\nby the surviving or continuing trustees or the personal\nrepresentatives of the last surviving or continuing trustee unless and\nuntil a general meeting has been called for the purpose of electing\nnew trustees and has failed to do so.\n(f) any trustees hereof shall vacate his office upon the passing of a\nresolution to the effect that such trustee shall be removed at a general\nmeeting at which not less than twelve adult local residents shall be\npresent.\n19. Subject to the provisions of the Religious Successory and Charitable\nTrusts Act 1958 this deed may be amended or added to by an\nextraordinary resolution of a general meeting.\nAS WITNESS our hands and seals the 3rd day of September One thousand\nnine hundred and sixty-three.\nTHE FIRST SCHEDULE HEREINBEFORE REFERRED TO\nAll that piece of land being Lot 12 Section E on Plan of Subdivision Number\n1887 being part of Allotement 30 Parish of Jeetho West and being the land\nreferred to in Certificate of Title Volume 2330 Folio 936.\nTHE SECOND SCHEDULE HEREINBEFORE REFERRED TO\nName Address Occupation\nJames Patrick Bingham South Gippsland\nHighway, Loch\nDairy Farmer\nWilliam Henry Crook Clarence-street, Loch Retired\nJoseph White Victoria-street, Loch Builder\nRoderick Thomas Horner Anderson's Hill-road,\nLoch\nDairy Farmer\nPeter McRobert Wonthaggi-road, Loch Dairy Farmer\nJohn Alwyn Dyson Wonthaggi-road, Loch Dairy Farmer\nFrancis Howath Smith-street, Loch Retired\nRobert E. Latham Boundary-road, Loch Dairy Farmer\nAubrey Clarence Smith (Sec.) Ferrier's-road, Loch Builder\nMichael Augustine Bingham\n(V.P.)\nSouth Gippsland\nHighway, Loch\nDairy Farmer\nMaurice James Robinson\nCoster (P.)\nSouth Gippsland\nHighway, Loch\nDairy Farmer\nWilliam Robert Thompson (T.) Clarence-street, Loch Butcher\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n16\nSIGNED SEALED AND DELIVERED by\nthe said PATRICK JAMES HAYES in the\npresence of: E. J. YANN, J.P.\n\n\n\nL.S.\nP. J. HAYES\nSIGNED SEALED AND DELIVERED by\nthe said WILLIAM CHARLES GREEN in\nthe presence of: E. J. YANN, J.P.\n\n\n\nL.S.\nW. GREEN\nSIGNED SEALED AND DELIVERED by\nthe said ALBERT JAMES FERRIER in\nthe presence of: E. J. YANN, J.P.\n\n\n\nL.S.\nA. J. FERRIER\n_______________\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n17\nSCHEDULE 2\nAll that piece of land being Lots 1 and 2 Block F on plan of subdivision\nnumber 1887 lodged in the Office of Titles and being part of Crown\nallotment 30 parish of Jeetho West county of Mornington and being the\nwhole of the land comprised in certificate of title volume 2777 folium 308.\n═══════════════\nPreamble,\nsections 2, 4.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n18\nENDNOTES\n1. General Information\nThe Loch Public Hall Trust Act 1966 was assented to on 10 May 1966 and\ncame into operation on 10 May 1966.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n19\n2. Table of Amendments\nThere are no amendments made to the Loch Public Hall Trust Act 1966 by\nActs and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7387/1966\nLoch Public Hall Trust Act 1966\n20\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: validating the 1963 deed of trust for the Loch Public Hall and authorising the diversion of memorial hall funds to hall extensions. The scope has not expanded beyond this specific local community asset."},"complexity_factors":["Single-purpose legislation with narrow geographic and temporal scope (specific to one building in one town)","Only 2 defined terms in the interpretation section ('deed of trust' and 'fund')","Minimal cross-referencing — primarily refers to the Religious Successory and Charitable Trusts Act 1958 for registration purposes","Straightforward conditional logic: validation provisions in section 3 are clear with simple provisos limiting sale/lease powers","Extensive preamble (historical narrative) but this is explanatory rather than operative complexity","Schedule 1 reproduces a full deed of trust with 19 clauses, adding bulk but not conceptual complexity — the deed itself contains standard trust provisions (insurance, meetings, voting, etc.)","No amendments since enactment (version as at 2000 identical to 1966)"],"plain_english_summary":"This is a Victorian law from 1966 that fixes a legal mess involving a community hall in the small town of Loch, Gippsland.\n\n**What happened:**\n- Back in 1891, locals built the \"Loch Mechanics' Institute Hall\" on land held by trustees (people legally holding property for others' benefit).\n- In 1945, the community raised money (£1,199) to build a new \"memorial hall\" on different land, but they never built it.\n- By 1960, they realised they couldn't afford a new hall. Instead, they decided to:\n  - Rename the old Mechanics' Institute to \"Loch Public Hall\"\n  - Use the memorial hall fund to extend the existing hall instead\n  - Sell the land bought for the never-built memorial hall\n\n**The problem:**\nWhen the trustees created a new legal document (a \"deed of trust\") in 1963 to formalise this arrangement, doubts arose about whether it was legally valid. Also, the money raised for the memorial hall was legally restricted to that specific purpose.\n\n**What this Act does:**\n- **Validates the 1963 deed of trust** — makes it legally binding even if there were technical flaws\n- **Authorises the money transfer** — allows the memorial hall fund (plus the sale of the unused land) to be handed over to the new trustees\n- **Restricts what can happen to the hall** — the land and building can never be sold or leased except to the government (Crown) or local council, and the purpose can't be changed\n- **Sets up governance** — establishes a committee of 12 local residents plus the trustees to manage the hall, with annual elections and public meetings\n\n**Who it affects:**\nResidents of Loch and surrounding area (within 3 miles of the hall), who get to use the hall for community events, recreation, and meetings. The trustees and committee members who run the hall.\n\n**Why it matters:**\nWithout this law, the community would have been stuck with invalid legal arrangements and money that couldn't legally be spent. It ensured the hall could be improved and properly managed for public benefit in perpetuity."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act departs from the original stated purpose of the funds. Donors originally contributed money to erect a new memorial hall (preamble). This statute validates a local deed that rescinds the plan to build a separate memorial hall and instead authorises selling the previously purchased memorial‑site land (Schedule 2) and transferring the memorial‑hall fund to trustees to pay for extensions and a façade to the existing hall (sections 4–5; Schedule 1). In short, the legal effect is to redirect the memorial fund from creating a new hall on a new site to improving an existing hall and to entrench the property as a public‑use trust with restricted alienation — a materially different use from the original construction objective."},"complexity_factors":["Short primary Act (5 substantive sections) but includes a long, operative trust deed as Schedule 1 with many detailed governance clauses","Two defined terms in the Act itself (\"deed of trust\", \"fund\") but multiple defined concepts inside Schedule 1 (e.g. \"trust premises\", \"local residents\", \"extraordinary resolution\")","Several conditional rules and nested limits: e.g. trustee powers subject to committee resolutions and extraordinary resolutions (Schedule 1 clause 3), and Act provisos restricting sale/lease (s3(4))","Cross-reference to external statute: registration under Part II of the Religious Successory and Charitable Trusts Act 1958 (s3(5))","Protective third‑party presumptions (Schedule 1 clauses 7–8) which alter normal inquiry duties and can complicate dispute analysis","Multiple operational governance provisions (election cycles, quorum, notice periods, trustee retirement/appointment rules) increasing day‑to‑day compliance detail (Schedule 1 clauses 10–19)","Existence of two separate land parcels with different treatment: First Schedule land to be held on trust (s3; Sch 1) and Schedule 2 land authorised for sale (s4; Sch 2)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Validates a 1963 trust deed that reconstituted the Loch Mechanics' Institute as the \"Loch Public Hall\" and confirmed the trustees and committee named in that deed as properly appointed (section 3; Schedule 1).\n- Authorises the sale by public auction of a separate parcel of land that had been bought earlier as the intended site for a new memorial hall (Schedule 2) and permits the money raised for that aborted memorial-hall project (the “fund”) to be paid to the trustees under the validated deed after payment of proper costs (section 4).\n- Directs the trustees to apply the fund to building extensions and a façade to the existing hall on the trust premises, and to hold any remaining money on the trusts set out in the deed (section 5).\n- Declares the trust (as expressed in the deed) may be registered under the Religious Successory and Charitable Trusts Act 1958 (section 3(5)).\n- Imposes a prohibition that the hall land, buildings and improvements (including authorised extensions) cannot be sold or leased except to the Crown or the local municipality and cannot be made subject to a general power of sale; and prevents amendments to the deed that would alter the primary trust in clause 2 of the deed (s3(4) provisos).\n\nWho this affects\n\n- The named trustees and the committee of management under the deed (they are validated as properly appointed) (s3).\n- Donors and subscribers who formerly contributed money to the memorial-hall fund — the Act permits those funds to be redirected to extend the existing hall rather than build a new memorial hall (s2 definition of \"fund\", s4, s5).\n- Local residents of Loch (those within a three‑mile radius and others admitted by the committee) — they are the beneficiaries entitled to use the hall and to vote at general meetings under the deed (Schedule 1, clauses 1, 2, 11).\n- The registered proprietors of the Schedule 1 land — required to transfer that land, and any furniture/effects mentioned in the deed, to the trustees (s3(3)).\n- Prospective purchasers of the Schedule 2 land (the previously purchased memorial-hall site) — the Act expressly allows that parcel to be sold by public auction, with sale proceeds payable into the fund and then to trustees (s4).\n\nWhy it matters (practical effect and constraints)\n\n- It resolves legal doubts about the validity of the local deed of trust and gives statutory authority to reassign the memorial-hall funds to improve the existing hall rather than build a new one (preamble; s3, s4, s5).\n- It creates a legally protected perpetual charitable/public‑use trust in favour of local residents, with express limits on alienation (s3(4) provisos; Schedule 1 clause 2).\n- It centralises decision‑making in a committee of local residents and in trustees, with detailed rules for meetings, election, and trustee replacement set out in the deed (Schedule 1, clauses 10–19). The committee controls day‑to‑day management and has powers to raise money, borrow, make charges for hire, insure and repair the premises (Schedule 1, clauses 15, 16).\n\nMechanisms, incentives, costs and trade-offs\n\n- Who pays: the Act itself does not create new taxation or levies. Ongoing operating costs and maintenance are the committee’s responsibility; the committee may raise money by public subscription, hire charges, or borrow (Schedule 1, clause 15(f); clause 16). The Act authorises the transfer of the previously raised memorial-fund to the trustees to pay for extensions (s4–s5).\n- Who decides: governance rests with (a) the trustees (statutory owners of the trust premises, Schedule 1 clauses 19 and elsewhere), and (b) a committee elected by adult local residents (Schedule 1, clauses 10–11). Major changes require the deed’s extraordinary‑resolution process (Schedule 1, clause 1 definition; clause 19 subject to the Religious Successory and Charitable Trusts Act 1958 and s3(4) limits).\n- Limits on private disposal and ownership transfer: the trust land and improvements may not be sold or leased except to the Crown or the municipality (s3(4)(a); Schedule 1 clause 3 limits). That constrains marketability of the trust property and preserves public‑use status.\n- Use of the memorial-fund: rather than refunding donors or building a separate memorial hall, the Act authorises using the fund to extend and improve the existing hall (s4–s5). The mechanics require payment of proper costs and permit trustees to hold any surplus on the deed’s trusts (s4(1)(b), s5).\n- Protective legal effects for third parties: the deed (as validated) contains clauses that protect purchasers, mortgagees and lessees dealing with the trustees from enquiries about committee procedure or meeting regularity — transactions are conclusively presumed regular (Schedule 1, clauses 7–8). That reduces due‑diligence friction for third parties who deal with the trustees but places the internal control risk on local residents.\n\nImplementation and compliance considerations\n\n- Registration: the trusts are declared registrable under Part II of the Religious Successory and Charitable Trusts Act 1958 (s3(5)) — registration may be an additional step the trustees must take.\n- Committee governance: the deed prescribes specific election, notice and quorum rules (Schedule 1, clauses 10–12); failure to follow them could create internal disputes, but the deed protects external dealing (clauses 7–8).\n- Restrictions on amendment: the Act prevents any deed amendment that would alter the core trust in clause 2 (s3(4)(b)), so beneficiaries’ rights and the public‑use object are legally entrenched.\n\nConcrete cross‑references in the instrument\n\n- Validation and appointment: section 3; Schedule 1 (deed clauses confirming committee and trustees).\n- Sale of memorial land and payment of fund: section 4; Schedule 2 describes that land.\n- Application of fund to extensions: section 5; Schedule 1 contains the operational powers and governance rules that direct how funds are applied (clauses 15–16).\n\nBottom line in plain terms: the Act confirms and protects a locally drafted trust converting the Loch Mechanics' Institute into a publicly accessible Loch Public Hall, authorises selling the separately purchased memorial-hall land and directs the previously raised memorial funds to augment and improve the existing hall, while legally locking the hall property into a public‑use trust with tight limits on sale and amendment."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation appears to have remained true to its original intent — establishing and maintaining a trust for the Loch Public Hall. The version history shows it remains in force as originally made, with no indication of significant amendments that would suggest scope creep or a shift in purpose."},"complexity_factors":["Extremely narrow and localised scope — affects only one specific community hall","Typical boilerplate trust legislation from the 1960s with standard provisions","Limited information available in the provided text to assess deeper technical complexity","No apparent cross-references to complex regulatory frameworks","Single-purpose legislation with a straightforward objective"],"plain_english_summary":"The Loch Public Hall Trust Act 1966 creates a legal trust to manage the Loch community hall in South Gippsland, formally establishing a committee of trustees and giving them authority to operate and maintain the hall for community use. It affects local residents, groups and trustees by protecting the hall as a community-owned asset and preventing unilateral disposal or misuse."}},"importantCases":[],"_links":{"self":"/api/acts/loch-public-hall-trust-act-1966","history":"/api/acts/loch-public-hall-trust-act-1966/history","analysis":"/api/acts/loch-public-hall-trust-act-1966/analysis","conflicts":"/api/acts/loch-public-hall-trust-act-1966/conflicts","importantCases":"/api/acts/loch-public-hall-trust-act-1966/important-cases","documents":"/api/acts/loch-public-hall-trust-act-1966/documents"}}