{"id":"tas:act-1908-999","name":"Presbyterian Church Act 1908","slug":"presbyterian-church-act-1908","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"999 of 1908","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110749,"registerId":"tas-act-1908-999-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> *\\[Section 1 Amended by No. 36 of 1958, s. 5 \\]*This Act may be cited as the [Presbyterian Church Act 1908](/view/html/inforce/2026-04-12/act-1908-999) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definition clause","content":"### 2 Definition clause\n\n> In this Act ***property***, unless a contrary intention appears, shall extend to and include real and personal property, and any estate or interest in any property, real or personal, and any mortgage or other debt, and all securities for money, and anything in action, and all messuages, tenements, and hereditaments, corporeal and incorporeal, of every kind and description (whatever may be the estate or interest therein), together with all paths, passages, ways, waters, watercourses, liberties, privileges, easements, plantations, gardens, mines, minerals, and quarries, and all trees and timber thereon or thereunder lying or being, unless the same are specially excepted.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Trustees a body corporate, &c.","content":"### 3 Trustees a body corporate, &c.\n\n> The trustees of the property of the Presbyterian Church of Tasmania shall be, and they are hereby created, a body corporate, having a perpetual succession and a common seal, and shall have and exercise all legal rights, powers, privileges, and authorities appendant and incidental to a body corporate; and shall, under their corporate name, be capable in law of suing and being sued, and of purchasing, acquiring, holding, and alienating property, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Corporate name","content":"### 4 Corporate name\n\n> The corporate name or title of the said trustees shall be \"The Trustees of the Property of the Presbyterian Church of Tasmania\", and such body corporate shall have and exercise all the rights, powers, privileges, duties, and authorities of trustees appointed in pursuance of the provisions of the [Presbyterian Church Act 1896](/view/html/inforce/2026-04-12/act-1896-008) . The provisions of this section shall be in addition to, and not in abridgement or limitation of, the provisions of [section three](#GS3@EN) hereof.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Members of Board of Finance to be the trustees constituting the body corporate","content":"### 5 Members of Board of Finance to be the trustees constituting the body corporate\n\n> The persons for the time being composing the Board of Investment and Finance of the said Church, except *ex officio* members of the said board, shall be the trustees for the time being of the property of the said Church constituting the said body corporate: Provided always that there shall not at any time be more than ten nor less than five trustees of the property of the said Church forming the said body corporate. Should the number of persons for the time being composing the Board of Investment and Finance of the said Church at any time be less than five, the Governing Authority shall forthwith take the necessary steps to increase the number of such persons to five at the least.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Use of seal","content":"### 6 Use of seal\n\n> The power and authority to use the said seal of the said body corporate hereby created for all purposes for which the use of such seal is required shall vest in the majority of the trustees for the time being of the property of the said Church constituting the said body corporate who shall be present at any meeting of such trustees. Such seal shall only be affixed by virtue of a resolution of the said majority passed at such meeting, and in the presence of any two of the trustees of the property of the said Church. And the said two trustees shall sign their names to the document to which the seal has been affixed. At any such meeting as is provided for in this section, five shall form a quorum. The seal, when once affixed in accordance with the provisions of this section, shall be *prima facie* evidence without further proof that the meeting at which the said resolution was passed was properly convened and held, and that the said resolution was duly and properly passed.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Validation of acts, &c., of trustees of Church property","content":"### 7 Validation of acts, &c., of trustees of Church property\n\n> All acts, deeds, matters, and things done by the trustees of the property of the Presbyterian Church of Tasmania as such body corporate as aforesaid, notwithstanding that there was some defect in the election or appointment of any one or more of the persons constituting the said body corporate, or that any one or more of such last-mentioned persons was or were not eligible or competent, whether under the rules and regulations of the said Presbyterian Church of Tasmania or otherwise howsoever, for such election or appointment, or was or were not eligible or competent to act in the office in respect or by virtue of which he or they shall have become a member or members of the said body corporate, shall be as valid and effectual in all respects whatsoever as if every such person had been duly elected, and were and always had been eligible or competent, as aforesaid.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Certificate of Clerk of Governing Authority prima facie evidence of appointment of trustee","content":"### 8 Certificate of Clerk of Governing Authority prima facie evidence of appointment of trustee\n\n> In all courts and all legal proceedings instituted by or against the trustees of the property of the Presbyterian Church of Tasmania, the production of the certificate of the Clerk of the said Governing Authority of the appointment of the said trustees, or any one or more of them, as members or a member respectively of the Board of Investment and Finance shall, on production only, be deemed sufficient *prima facie* evidence without further proof that such trustees, or any one or more of them, as such members or member as aforesaid have been duly appointed according to law, and the onus of proof to the contrary shall rest on the person or persons challenging the validity of such appointment.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Vesting of property in trustees of Church property","content":"### 9 Vesting of property in trustees of Church property\n\n> *\\[Section 9 Amended by No. 36 of 1958, s. 5 \\]*All property now vested in or held by any trustee or trustees of the property of the said Church, and all property now vested in or held by any person or persons other than such trustee or trustees as last aforesaid, upon trust for the said Church, and whether subject to the provisions of the [Real Property Act 1862](/view/html/inforce/2026-04-12/act-9999-999) or held under the general law, shall from and after the passing of this Act be and the same is hereby vested in the said body corporate for all the estate and interest therein respectively of such trustee or trustees, or such person or persons as aforesaid, as fully and effectually as if valid assurances in the law thereof had been made and executed by him or them respectively to such body corporate, subject to the special trusts (if any) affecting the same, or any part or parts thereof respectively; and such body corporate shall thenceforth be deemed the registered proprietor of such portions of the said property as shall be under the [Real Property Act 1862](/view/html/inforce/2026-04-12/act-9999-999) subject to the provisions of the said Act.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"One thousand pounds vested in governing body of Free Church of Scotland to be transferred to incorporated body on the trusts of James Wilson's will","content":"### 10 One thousand pounds vested in governing body of Free Church of Scotland to be transferred to incorporated body on the trusts of James Wilson's will\n\n> The sum of one thousand pounds now vested in the governing body of the Free Church of Scotland in Tasmania under the provisions of the will dated the twenty-sixth day of March 1877, of the late *James Wilson* (the income of which sum is by the said will directed to be applied for the benefit of the minister for the time being of the Campbell Free Church, Oatlands, in Tasmania) shall, together with all securities therefor, be forthwith transferred by the said governing body to the said body corporate, to be held by the said body corporate upon the special trusts declared by the said will of the said *James Wilson* in respect of the said sum.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Recorder of Titles to register new trustees","content":"### 11 Recorder of Titles to register new trustees\n\n> *\\[Section 11 Amended by No. 36 of 1958, s. 5 \\]**\\[Section 11 Amended by No. 19 of 1980, s. 171 and Sched. 1, Pt. 2 \\]*The Recorder of Titles, upon the application in writing under the seal of the said body corporate, and upon proof to his satisfaction of the identity of any property affected under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , shall issue to the applicant such instrument or instruments of title as are by the said Act provided for.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Gifts to Church before incorporation to have same effect afterwards","content":"### 12 Gifts to Church before incorporation to have same effect afterwards\n\n> After the incorporation of the said body corporate, every donation, gift, and disposition of property, real or personal, theretofore lawfully made (but not having actually taken effect) or thereafter lawfully made by deed, will, or otherwise, to or in favour of such Church generally, or the trustees of the property of the said Church, or any person or persons for or on behalf of the said Church generally, shall take effect as if the same had been made to or in favour of the said body corporate.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"When trustees in previous Acts mentioned, same shall be construed as trustees mentioned in this Act","content":"### 13 When trustees in previous Acts mentioned, same shall be construed as trustees mentioned in this Act\n\n> In the [Presbyterian Church Act 1896](/view/html/inforce/2026-04-12/act-1896-008) , and in all laws, rules, regulations, acts, and resolutions of the Governing Authority referring to the trustees of the property of the said Church, the expression ***The Trustees of the Property of the Presbyterian Church of Tasmania***, or ***the trustees of the property of the said Church***, shall henceforth be read and construed as meaning and referring to the trustees by this Act created a body corporate, as if such body corporate had been expressly named in the [Presbyterian Church Act 1896](/view/html/inforce/2026-04-12/act-1896-008) , and in all laws, rules, regulations, acts, and resolutions as aforesaid. And every deed, declaration of trust, or document required by the [Presbyterian Church Act 1896](/view/html/inforce/2026-04-12/act-1896-008) , or by any such laws, rules, regulations, acts, and resolutions as aforesaid, or by any form thereby prescribed, to be executed or signed by the trustees of the property of the Presbyterian Church of Tasmania, may be sealed by the said body corporate in the manner hereinbefore prescribed; and in such case the same shall be as valid and effectual as if the same had been executed or signed by the aforesaid trustees. Such part or parts respectively of every such deed, declaration of trust, or document as is, are, or may be inapplicable to a body corporate is and are hereby respectively repealed.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Power of trustees to make rules","content":"### 14 Power of trustees to make rules\n\n> The said trustees shall have power to make such rules and regulations as they may deem necessary for carrying out the purposes of this Act. Such rules and regulations shall be laid before the Governing Authority at its next session, but shall be in force until disallowed by the said Governing Authority.","sortOrder":13},{"sectionNumber":"15.","sectionType":"section","heading":null,"content":"### 15.\n\n*\\[Section 15 Repealed by No. 36 of 1958, s. 2 and Sched. 2 \\]*","sortOrder":14},{"sectionNumber":"16.","sectionType":"section","heading":null,"content":"### 16.\n\n*\\[Section 16 Repealed by No. 36 of 1958, s. 2 and Sched. 2 \\]*","sortOrder":15}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This type of legislation has a tightly defined original intent — to provide legal recognition and property management frameworks for the Presbyterian Church in Tasmania — and there is no indication from the available text that its scope has drifted beyond that original purpose over time."},"complexity_factors":["Very narrow and specific subject matter — applies only to one denomination in one state","Legislation is old and stable with minimal amendments since 1997, suggesting little accumulated complexity","Church incorporation and property trust Acts of this era tend to follow a straightforward template with limited operative provisions","No cross-jurisdictional issues or interaction with complex regulatory frameworks","Limited text was provided, preventing analysis of any genuinely complex internal provisions, but the genre of legislation is well-understood and typically simple"],"plain_english_summary":"The Presbyterian Church Act 1908 gives the Presbyterian Church in Tasmania legal recognition and a framework for holding and managing its property, so the church can own assets, enter contracts, and be sued or sue as an entity. It affects church members, trustees and anyone dealing with church property, providing a narrow but long‑standing legal foundation for the church’s operations."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: incorporating the trustees of the Presbyterian Church of Tasmania and transferring property to them. The 1958 and 1980 amendments visible in the text appear to be technical updates (updating references to land titles legislation) rather than scope expansion. The core function—creating a corporate body for church property management—has not grown beyond the original intent."},"complexity_factors":["Single definition section with extensive but straightforward property definition using archaic terms (messuages, tenements, hereditaments)","Simple corporate structure with clear membership rules (5-10 trustees from Board of Investment and Finance)","Basic procedural requirements for seal usage (majority vote, two witnesses, quorum of five)","Standard validation clause protecting past actions despite defective appointments","Specific one-off transfer provision for James Wilson bequest (section 10)","Clear transitional provisions updating references from 1896 Act","No nested exceptions or complex conditional logic","Minimal cross-referencing (mainly to 1896 Act and Real Property Act 1862/Land Titles Act 1980)","Length: 16 sections, 2 repealed, very concise"],"plain_english_summary":"This 1908 Tasmanian law creates a legal entity—a 'body corporate' (basically, an organisation that the law treats like a person)—to manage all the property owned by the Presbyterian Church of Tasmania.\n\n**What it does:**\n- **Creates 'The Trustees of the Property of the Presbyterian Church of Tasmania'** as a permanent legal body that can own land, sign contracts, sue people, and be sued—just like a company.\n- **Transfers all church property** from individual trustees to this new corporate body, so the Church doesn't rely on specific people holding assets in their personal names.\n- **Sets up the governance:** The trustees are the members of the Church's Board of Investment and Finance (between 5 and 10 people, not counting *ex officio* members—those who are members by virtue of another office they hold).\n- **Rules for the seal:** The corporate seal (the official stamp that makes documents legally binding) can only be used when a majority of trustees at a meeting agree, and two trustees must witness and sign the document.\n- **Protects past actions:** Even if there were problems with how trustees were appointed in the past, anything they did legally still counts.\n- **Handles specific bequests:** It transfers a specific £1,000 legacy from James Wilson's 1877 will (meant for the Campbell Free Church at Oatlands) to the new corporate body to manage.\n- **Updates previous laws:** References to trustees in the earlier 1896 Act now automatically mean this new corporate body.\n\n**Who it affects:**\n- The Presbyterian Church of Tasmania and its congregations\n- Anyone donating property to the Church (gifts automatically go to the corporate body)\n- People doing business with the Church (they now deal with a stable legal entity rather than changing individuals)\n\n**Why it matters:**\nBefore this Act, church property was held by individual trustees. When trustees died or resigned, property transfers got messy. This creates a 'perpetual' body that continues regardless of who the individual trustees are—simplifying land ownership, banking, and legal matters for the Church forever."},"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":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The Act replaces dispersed individual trusteeship arrangements with a single corporate trustee and vests all existing trust property in that corporate body (notably the vesting and corporate-creation provisions). It directs that earlier statutory and trust references to trustees are to be read as references to the new corporate body, narrows who may serve as trustee to members of the Church’s Board of Investment and Finance with fixed minimum and maximum numbers, and centralises registration and evidentiary procedures for title and appointment."},"complexity_factors":["Creation of a corporate legal entity to replace multiple individual trustees (legal-structural change).","Very broad statutory definition of “property” capturing real, personal, choses in action, and ancillary rights.","Vesting clause that transfers all existing trust assets into the new corporate trustee (affects title and trusts).","Prescribed trustee composition and numeric limits tied to the Church’s Board of Investment and Finance.","Rules for use of the corporate seal, quorum and signature requirements (formalities for transaction validity).","Validation clause that confirms past acts despite defects in appointment (evidentiary simplification but potential substantive consequences).","Prima facie evidentiary rule shifting burden to challengers to prove invalid appointments.","Interaction with prior legislation and land registration systems (references to earlier Acts and Recorder of Titles functions).","Rulemaking power for trustees subject to review by the Governing Authority (administrative discretion plus oversight)."],"plain_english_summary":"This Act creates a single corporate trustee for the Presbyterian Church of Tasmania and vests the Church’s existing trust property in that corporate body. It gives that body legal capacity to own, buy, sell and manage property and fixes who counts as a trustee.\n\nMechanically, the change centralises legal ownership and administration of Church property, makes appointment certificates and past trustee acts legally effective, and places the compliance and administrative costs on the corporate trustees and the Church’s governing authority."}},"importantCases":[],"_links":{"self":"/api/acts/presbyterian-church-act-1908","history":"/api/acts/presbyterian-church-act-1908/history","analysis":"/api/acts/presbyterian-church-act-1908/analysis","conflicts":"/api/acts/presbyterian-church-act-1908/conflicts","importantCases":"/api/acts/presbyterian-church-act-1908/important-cases","documents":"/api/acts/presbyterian-church-act-1908/documents"}}