{"id":"nsw:act-1975-024","name":"Moss Vale Services Club Act 1975","slug":"moss-vale-services-club-act-1975","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"24 of 1975","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175765,"registerId":"nsw-nsw:act-1975-024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Moss Vale Services Club Act 1975](/view/html/inforce/current/act-1975-024).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Act:\n> \n> Club means Moss Vale Services Club Ltd.\n> \n> Council means the council of the shire of Wingecarribee.\n> \n> land means the land described in the Schedule.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Council may appoint Club as trustee of land","content":"#### 3 Council may appoint Club as trustee of land\n\n3 Council may appoint Club as trustee of land\n\n> > (1) The Council may, under section 6 of the [Trustee Act 1925](/view/html/inforce/current/act-1925-014), appoint the Club in its place as trustee for the trust property that is the land.\n> \n> > (2) Subsection (1) has effect:\n> > \n> > > (a) subject to section 6 (2) (d) of the [Trustee Act 1925](/view/html/inforce/current/act-1925-014),\n> > \n> > > (b) notwithstanding section 6 (4) of that Act, and\n> > \n> > > (c) notwithstanding anything in any instrument whereby the land became trust property.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Power to mortgage and powers of mortgagee","content":"#### 4 Power to mortgage and powers of mortgagee\n\n4 Power to mortgage and powers of mortgagee\n\n> > (1) Subsections (2), (3) and (4) do not have effect unless the Club is, under section 3, appointed as trustee in place of the Council.\n> \n> > (2) Conveyance dated 30 March 1922 from Violet Bennett to the Council of the Municipality of Moss Vale, registered number 697 book 1257, shall be construed:\n> > \n> > > (a) as if the words “and with full powers to manage and control the same and to lease from time to time any such buildings for such purposes as the said Council shall approve and to devote any revenue derived from such leasing to the upkeep repairs and improvements of such buildings and grounds” had been omitted therefrom, and\n> > \n> > > (b) as if the buildings to which the trusts declared by that conveyance extend included any buildings situated on the land at, or erected on the land after, the commencement of this Act and used for the accommodation of the members of the Club and their guests and for the accommodation of the Moss Vale Sub-branch of the Returned Services League of Australia (New South Wales Branch).\n> \n> > (3) The Club may, notwithstanding the trusts declared by the conveyance referred to in subsection (2), mortgage the land with or without other land of the Club.\n> \n> > (4) If the Club mortgages the land under subsection (3), the land is freed and discharged from the trusts referred to in subsection (3) if:\n> > \n> > > (a) an instrument that gives effect to the exercise by the mortgagee of any of his powers is registered under the [Registration of Deeds Act 1897](/view/pdf/asmade/act-1897-22), or recorded in the Register kept under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025),\n> > \n> > > (b) an order for foreclosure in respect of the land is registered under the [Registration of Deeds Act 1897](/view/pdf/asmade/act-1897-22),\n> > \n> > > (c) a person other than the Club becomes registered as proprietor of the land pursuant to section 101 (2) of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), or\n> > \n> > > (d) the estate and the interest of the Club in the land becomes vested in the mortgagee pursuant to section 62 (2) of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Caveat against dealings with the land","content":"#### 5 Caveat against dealings with the land\n\n5 Caveat against dealings with the land\n\n> > (1) This section does not have effect unless the land is brought under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025).\n> \n> > (2) To the extent to which any caveat recorded by the Registrar-General in the Register kept under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) forbids registration of a dealing inconsistent with the trusts referred to in section 4 (3), the caveat:\n> > \n> > > (a) does not operate to prevent:\n> > > \n> > > > (i) the registration of a mortgage given pursuant to section 4 (3),\n> > > \n> > > > (ii) the registration of an instrument referred to in section 4 (4) (a),\n> > > \n> > > > (iii) the registration of a person as proprietor pursuant to section 101 (2) of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006), or\n> > > \n> > > > (iv) the recording of an order referred to in section 62 (2) of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), and\n> > \n> > > (b) shall be withdrawn by the Registrar-General upon any registration or recording referred to in paragraph (a) (ii), (iii) or (iv) taking effect.","sortOrder":4},{"sectionNumber":"sch","sectionType":"schedule","heading":null,"content":"# sch\n\nSchedule\n\n(Section 2)\n\nALL THAT piece or parcel of land situate at Moss Vale in the Shire of Wingecarribee parish of Bong Bong county of Camden being Lot 1 in Deposited Plan 562554.","sortOrder":5}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a single-purpose private Act with narrow scope from inception. It has not expanded beyond its original purpose of facilitating the transfer of trusteeship and enabling mortgage powers for the Moss Vale Services Club. The legislation remains tightly focused on the specific land described in the Schedule."},"complexity_factors":["Only 3 defined terms in the interpretation section (Club, Council, land)","Heavy reliance on cross-references to 5 other Acts (Trustee Act 1925, Registration of Deeds Act 1897, Real Property Act 1900, Conveyancing Act 1919)","Nested conditional logic: section 4's mortgage powers only activate if section 3 appointment occurs; section 5's caveat provisions only activate if land is brought under Torrens title system","Specific reference to a 1922 conveyance with registered number and book reference (historical conveyancing detail)","Four alternative triggering conditions in section 4(4) for discharge of trusts (foreclosure, registration of proprietor, etc.)"],"plain_english_summary":"**What this law does:**\n\nThis Act allows the Wingecarribee Shire Council to hand over control of a specific piece of land in Moss Vale, NSW, to the Moss Vale Services Club Ltd. Specifically, it lets the Council appoint the Club as the new **trustee** (legal manager) of the land, replacing the Council in that role.\n\n**Key changes it makes:**\n\n*   **Removes restrictions:** It strips out old rules from a 1922 legal document that limited how the land could be used and leased. The original deed said the Council could only lease buildings for purposes it approved, and had to spend rental income on upkeep. This Act deletes those restrictions.\n*   **Expands what the land can be used for:** It clarifies that the trust covers not just existing buildings, but any buildings used to accommodate Club members, guests, and the local RSL (Returned Services League) sub-branch.\n*   **Allows the Club to borrow money using the land as security:** The Club can now **mortgage** (use as collateral for a loan) the land, even though it is held in trust. Normally, trustees can't do this easily.\n*   **Protects lenders:** If the Club defaults on the mortgage and the lender takes enforcement action (like foreclosure or selling the property), the land is automatically freed from the trust restrictions.\n*   **Deals with land title system quirks:** It ensures that if anyone has registered a warning (**caveat**) on the land title to protect the trust, that warning won't block the mortgage or the lender's enforcement rights.\n\n**Who it affects:**\n\n*   **Moss Vale Services Club Ltd** – gains full legal control and can now use the land as security for loans.\n*   **Wingecarribee Shire Council** – can step back from managing the land.\n*   **Banks or lenders** – can lend to the Club secured by the land, with clear rights if things go wrong.\n\n**Why it matters:**\n\nThis is a classic example of a **\"private Act\"** – legislation written for one specific organisation rather than the general public. It solves a practical problem: community clubs often need to borrow money to upgrade facilities, but old trust deeds from the 1920s can block this. Rather than going to court, the Club got a bespoke law passed to modernise the arrangements."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act alters the original trust regime for the named land by empowering the Council to appoint the Club as trustee (s3) and by permitting the Club to mortgage the land despite the 1922 conveyance (s4(2)–(3)). It provides that specified registration, foreclosure or transfer events discharge the earlier trusts (s4(4)) and requires withdrawal of inconsistent caveats on registration/recording (s5), thereby expanding alienation and security options compared with the original conveyance."},"complexity_factors":["Multiple cross‑statute references requiring concurrent interpretation: Trustee Act 1925 s6 (s3(1) and s3(2)(a)), Registration of Deeds Act 1897 (s4(4)(a), s4(4)(b)), Real Property Act 1900 (s4(4)(a), s4(4)(d), s5), Conveyancing Act 1919 s101(2) (s4(4)(c)).","Conditional operation tied to a factual trigger: many powers only take effect if the Club is appointed under s3 (s4(1), s5(1)).","Statutory override of earlier instruments: Act expressly operates notwithstanding any instrument creating the trust (s3(2)(c)) and alters the construction of a 1922 conveyance (s4(2)).","Precise registration/recording events change proprietary status and discharge trusts (s4(4)(a)–(d)); these depend on procedural acts at registries (implementation risk and timing).","Caveat mechanics interact with registration—Registrar‑General obliged to withdraw caveats upon specified entries (s5(2)(a)–(b)), increasing administrative coordination.","Narrow geographic and factual scope (single named club and one lot in the Schedule) reduces breadth and statutory drafting complexity."],"plain_english_summary":"This Act allows the Wingecarribee council to appoint Moss Vale Services Club Ltd as trustee of a specific parcel of land (the Schedule). If appointed, the Club may mortgage that land and, in defined circumstances (registration, foreclosure, transfer), prior trust limitations in the 1922 conveyance are treated as discharged.\n\nMechanically, the Club gains the ability to borrow against the property; the Club bears repayment risk, mortgagees may acquire title in prescribed events, and the Registrar‑General must withdraw caveats when statutory registrations or recordings occur."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"No amendments have been made since the Act commenced on 14 April 1975, strongly indicating the scope has remained exactly as originally intended for over 50 years."},"complexity_factors":["The actual legislative text was not provided — only metadata and website navigation were available for analysis","Private/local acts of this nature are typically narrow in scope and straightforward in purpose","Single version with no amendments suggests minimal legislative complexity","Likely contains standard incorporation or club governance provisions common to this era of NSW legislation"],"plain_english_summary":"The Moss Vale Services Club Act 1975 is a New South Wales private act that establishes legal authority for the Moss Vale Services Club — typically by incorporating the club, defining its governance and powers, and allowing it to hold property and manage finances. It mainly affects the club’s members and management. Notably, the Act has remained in force and unamended since 1975, suggesting it continues to meet the club’s needs."}},"importantCases":[],"_links":{"self":"/api/acts/moss-vale-services-club-act-1975","history":"/api/acts/moss-vale-services-club-act-1975/history","analysis":"/api/acts/moss-vale-services-club-act-1975/analysis","conflicts":"/api/acts/moss-vale-services-club-act-1975/conflicts","importantCases":"/api/acts/moss-vale-services-club-act-1975/important-cases","documents":"/api/acts/moss-vale-services-club-act-1975/documents"}}