{"id":"presbyterian-church-northern-territory-property-trust-act-1986","name":"Presbyterian Church (Northern Territory) Property Trust Act 1986","slug":"presbyterian-church-northern-territory-property-trust-act-1986","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30515,"registerId":"nt-presbyterian-church-northern-territory-property-trust-act-1986-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Presbyterian Church (Northern Territory) Property Trust Act 1986","content":"NORTHERN TERRITORY OF AUSTRALIA\nPRESBYTERIAN CHURCH (NORTHERN TERRITORY) PROPERTY\nTRUST ACT 1986\nAs in force at 1 December 2000\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Definitions ........................................................................................ 1\n3 Establishment of Trust ..................................................................... 2\n4 Constitution of Trust ........................................................................ 2\n5 Management and proceedings of Trust ........................................... 2\n6 Common seal of Trust ..................................................................... 3\n7 Property to vest in Trust .................................................................. 3\n8 Vesting of other property in Trust .................................................... 4\n9 Variation of Trust ............................................................................. 4\n10 Rules relating to dealing with land ................................................... 5\n11 Dealing with congregational property .............................................. 6\n12 Power of Trust to deal with land ...................................................... 6\n13 Trust may lease property ................................................................. 6\n14 Trust may exchange, &c., land ........................................................ 6\n15 Trust may mortgage land ................................................................. 7\n16 Trust's power of sale........................................................................ 7\n17 Trust may guarantee performance or indemnify loss....................... 8\n18 Rights of minister of church ............................................................. 8\n19 Exercise of certain powers by Deacon's Court or Committee of\nManagement.................................................................................... 8\n20 Receipt to absolve from liability ....................................................... 9\n21 Certain property to be transferred to Trust ...................................... 9\n22 Power to deal with property where scheme of co-operation\nentered into.................................................................................... 10\n23 Rights of minister of co-operating congregations........................... 11\n24 Constitution of Committee of Management where scheme of\nco-operation is in force .................................................................. 11\n25 Certain sections to apply to property held on behalf of\nco-operating congregation ............................................................. 11\n26 Registrar-General shall amend Register, &c. ................................ 12\n27 Evidence of membership resolutions, &c., of the Trust.................. 12\n28 Effect of Act on other Acts ............................................................. 13\n29 Repeal ........................................................................................... 13\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 December 2000\n____________________\nPRESBYTERIAN CHURCH (NORTHERN TERRITORY) PROPERTY\nTRUST ACT 1986\nAn Act to provide for the incorporation of the Presbyterian Church\n(Northern Territory) Property Trust and for other related purposes\n1 Short title\nThis Act may be cited as the Presbyterian Church (Northern\nTerritory) Property Trust Act 1986.\n2 Definitions\nIn this Act, unless the contrary intention appears:\nChurch means the Presbyterian Church of Australia.\nchurch trust property means property in the Territory that is for\nthe time being subject to a trust, whether by dedication,\nconsecration, trust instrument or otherwise, for, or for the use,\nbenefit or purposes of, the Church.\ncongregation means the congregation of a church of the\nPresbyterian Church of Australia.\nGeneral Assembly means the General Assembly of the Church in\nthe State of New South Wales.\nPresbyterian Church of Australia means the congregations of the\nPresbyterian Church of Australia continuing to function after\n22 June 1977.\nscheme of co-operation means a scheme of co-operation entered\ninto in pursuance of section 22.\nTrust means the Presbyterian Church (Northern Territory) Property\nTrust established by section 3. and\ntrustees means the members of the Trust.\n\nPresbyterian Church (Northern Territory) Property Trust Act 1986 2\n3 Establishment of Trust\n(1) There is established by this Act a trust by the name of the\nPresbyterian Church (Northern Territory) Property Trust.\n(2) The Trust:\n(a) is a body corporate with perpetual succession;\n(b) shall have a common seal;\n(c) subject to this Act, has the power to acquire, hold and dispose\nof or otherwise deal with real and personal property;\n(d) may sue and be sued in its corporate name; and\n(e) has, in addition to the powers expressly conferred on it by this\nAct, such other powers as are necessary or convenient for the\nperformance of its functions under this Act.\n4 Constitution of Trust\n(1) Subject to subsection (3), the Trust shall consist of 4 persons of\nwhom 2 shall be Ministers, and 2 shall be Communicants or\nAdherents, of the Church in the Northern Territory elected from time\nto time by the General Assembly.\n(2) A trustee elected under subsection (1) holds office for 3 years.\n(3) Until such time as persons are elected under subsection (1), the\nTrust shall consist of the persons who, for the time being, hold\noffice as the trustees of the Presbyterian Church (New South\nWales) Property Trust, being the body corporate of that name\nestablished by the Presbyterian Church (New South Wales)\nProperty Trust Act, 1936 of the State of New South Wales, as\namended from time to time.\n5 Management and proceedings of Trust\n(1) There shall be a chairman of the Trust who shall be elected by the\ntrustees from among their number.\n(2) The chairman shall hold office for a period of 12 months but is\neligible for re-election.\n(3) The chairman shall preside at all meetings of the Trust at which he\nis present.\n\nPresbyterian Church (Northern Territory) Property Trust Act 1986 3\n(4) In the absence of the chairman from a meeting of the Trust, the\ntrustees present shall elect one of their number to preside at the\nmeeting.\n(5) At a meeting of the Trust 4 trustees shall constitute a quorum.\n(6) The method of calling meetings of the Trust, the places at which\nthose meetings are held and the procedure to be followed at those\nmeetings shall be as determined from time to time by the trustees.\n(7) The Trust shall meet not less than once in every 6 months and shall\nkeep or cause to be kept minutes of its proceedings and a record of\nits resolutions.\n(8) The minutes and the records of the Trust kept under subsection (7)\nshall be made available for inspection when required by the official\nauditor of the Church, being the person appointed to that office by\nthe General Assembly.\n6 Common seal of Trust\n(1) The trustees may determine the form of the common seal of the\nTrust.\n(2) The trustees shall have the custody of the common seal of the\nTrust.\n(3) The common seal of the Trust shall be affixed to such documents\nor classes of documents as the trustees determine.\n(4) The affixing of the common seal of the Trust shall be attested by\nnot less than 4 trustees.\n(5) All courts, judges and persons acting judicially shall take notice of\nthe common seal of the Trust affixed to a document and shall\npresume that it was duly affixed.\n7 Property to vest in Trust\n(1) Subject to this section, land in the Territory, together with rights,\neasements and appurtenances relating to the land, and personal\nproperty in the Territory, which is, on the commencement of this\nAct, held or which, at any date after the commencement of this Act,\nshall be held, by a person for or on behalf of the Church or which\nbelongs to the Church whether in possession, reversion, remainder\nor expectancy whether for, or for the use of, or for the benefit of the\nChurch shall, without a conveyance or transfer, vest in the Trust on\nand after the commencement of this Act.\n\nPresbyterian Church (Northern Territory) Property Trust Act 1986 4\n(2) Subsection (1) applies to and in relation to land or personal\nproperty referred to in that subsection whether or not the land or\nproperty is held on behalf of:\n(a) or belongs to, a congregation or institution of the Church; or\n(b) an activity, service or interest of the Church,\nand whether or not the land or property is connected with a\ncongregation, institution, activity, service or interest of the Church.\n(3) Land or personal property which vests in the Trust under this\nsection shall, subject to an express trust affecting the land or\nproperty, be held and may be dealt with by the Trust in accordance\nwith this Act.\n(4) Land or personal property which would otherwise vest in the Trust\nunder subsection (1) shall not vest under that subsection where the\nland or personal property is subject to an encumbrance, charge or\nmortgage, except with the consent of the encumbrancee, chargee\nor mortgagee, until the encumbrance, charge or mortgage has been\ndischarged or until the Trust, with the consent of the\nencumbrancee, chargee or mortgagee, has undertaken to be\nresponsible for the liabilities imposed by the encumbrance, charge\nor mortgage.\n8 Vesting of other property in Trust\n(1) In addition to the land or personal property vested in the Trust by\nsection 7, the Trust may hold land or personal property in the\nTerritory on trust for any purpose, activity or institution of the\nChurch whether within or outside Australia, or in any way\nconnected with the Church.\n(2) Land or personal property vested in the Trust by subsection (1)\nshall be held, and may be dealt with, in accordance with this Act as\nif the land or personal property is vested in the Trust under\nsection 7.\n9 Variation of Trust\n(1) Where, by reason of circumstances subsequent to the creation of a\ntrust to which church trust property is for the time being subject, it\nhas, in the opinion of the General Assembly acting at the request of\nthe Trust, become impossible or inexpedient to carry out or observe\nthe trust, the General Assembly may, by resolution, direct that the\nproperty be held for, or for the use, benefit or purposes of the\nChurch subject to such other trust as the General Assembly\ndeclares and the first-mentioned trust shall thereupon cease and\ndetermine and the property shall be held subject to the trust so\n\nPresbyterian Church (Northern Territory) Property Trust Act 1986 5\ndeclared.\n(2) The Trust shall not make a request under subsection (1) in relation\nto church trust property held on behalf of a congregation without\nfirst obtaining a report from the Presbytery of the Bounds.\n(3) Subject to subsection (4), church trust property shall be applied for\nthe same congregation or, if not held on behalf of a congregation,\nfor the same purpose as nearly as may be as the purpose for which\nit was held immediately before the General Assembly resolved\nunder subsection (1) that the trust subject to which the property was\nheld should cease and determine.\n(4) The General Assembly may by resolution declare that, by reason of\ncircumstances subsequent to the creation of a trust to which church\ntrust property is held, it has, in the opinion of the General Assembly,\nbecome impossible or inexpedient to deal with or apply the property\nor some part of it for the use or benefit of the congregation or for\nthe same or like purpose, and, in such a case, the property or a part\nof it may be dealt with and applied for such other purpose and in\nrelation to such other congregation or congregations as the General\nAssembly by resolution declares.\n(5) Where church trust property is held by the Trust for a purpose,\nactivity or institution conducted by or on behalf of the General\nAssembly of the Presbyterian Church of Australia, the powers\nconferred by subsection (4) on the General Assembly shall be\nexercised by it not only at the request of the Trust but also at the\nrequest of, and in accordance with any directions given by, the\nGeneral Assembly of the Presbyterian Church of Australia.\n10 Rules relating to dealing with land\n(1) Subject to section 11(3), the General Assembly may make rules in\nrelation to:\n(a) the purchase or acquisition of freehold or leasehold property in\nthe Territory:\n(i) as an investment for the funds of the Church;\n(ii) for any use, activity, service or object of the Church; or\n(iii) for the purposes of the Church generally; and\n(b) the dealing with, management and control of property vested\nin the Trust,\nbut, if such a rule is inconsistent with this Act or any other law of the\nTerritory, the rule shall to the extent of the inconsistency be void.\n\nPresbyterian Church (Northern Territory) Property Trust Act 1986 6\n(2) A failure on the part of the Trust or a person to comply with a rule\nmade by the General Assembly under this section shall not\ninvalidate a transaction in relation to which the rule applied.\n11 Dealing with congregational property\n(1) Property held on behalf of a congregation shall not be sold, leased,\nmortgaged, surrendered or exchanged, and a claim in relation to\nthe compulsory acquisition or surrender of such property shall not\nbe determined, without the consent of the congregation.\n(2) The consent of a congregation shall be deemed to have been given\nfor the purposes of subsection (1) if a majority of the members of\nthe congregation present and voting at a meeting of the\ncongregation, duly called for the purpose of considering and\ndeciding on the question, vote in favour of the particular matter.\n(3) The General Assembly shall not make a rule under section 10\nwhich in any way attempts to limit the rights of a congregation\nunder this section.\n12 Power of Trust to deal with land\n(1) Subject to this Act, all property vested in the Trust by this Act shall,\nso far as the property is not subject to an express trust, be held and\ndealt with by the Trust in such manner as the Trust thinks fit.\n(2) The General Assembly may from time to time give directions or\ninstructions to the Trust in relation to a matter affecting property\nheld by it for the Church.\n(3) A direction or instruction under subsection (2) may be given in\nrelation to the property of the Church generally or in relation to a\nparticular fund, institution, activity or service of the Church.\n(4) The Trust shall comply with a direction or instruction given under\nthis section.\n13 Trust may lease property\nSubject to this Act, the Trust may grant a lease or sublease of land\nor premises held by it for such periods, at such rents and subject to\nsuch terms and conditions as it thinks fit.\n14 Trust may exchange, &c., land\nSubject to section 11, the Trust has full discretionary power to act in\nrelation to all cases of exchange, surrender, dedication and\ncompulsory acquisition of property vested in the Trust under this\nAct including the power to make a claim for compensation, and to\n\nPresbyterian Church (Northern Territory) Property Trust Act 1986 7\nagree to and settle the terms and conditions of such a claim as it\nthinks fit.\n15 Trust may mortgage land\nSubject to section 11:\n(a) the Trust may from time to time mortgage to a person land\nvested in the Trust by this Act for the purposes of securing the\nrepayment of such sum of money with or without interest, as\nthe Trust considers necessary for the purposes of the Church\ngenerally or its funds, services, institutions or interests or for\nthe purposes of any congregation of the Church; and\n(b) the Trust may guarantee advances, with or without security,\nfor any purpose set out in this section.\n16 Trust's power of sale\n(1) Subject to this Act, the Trust may, as it thinks fit, from time to time\nsell property vested in it by this Act by public auction or private\ncontract at such price as can be reasonably obtained for the\nproperty.\n(2) Where property is sold by the Trust under subsection (1), the Trust\nshall transfer or convey the property and it shall vest in the\ntransferee or purchaser, his heirs, executors, administrators and\nassigns, according to the estate and interest of the Trust in the\nproperty freed and discharged from all trusts.\n(3) The Trust shall stand possessed of the net moneys obtained from a\nmortgage given over property and the net moneys arising from the\nsale, surrender or compulsory acquisition of property sold,\nsurrendered or compulsorily acquired after payment and\nsatisfaction of mortgage and other moneys chargeable against the\nproperty.\n(4) Subject to subsection (5) and to the consent of the General\nAssembly, the Trust may apply the moneys in its possession in\naccordance with that subsection for:\n(a) the erection of buildings for the congregation to which the\nproperty mortgaged, sold, surrendered or compulsorily\nacquired belonged;\n(b) the improvement, repair, enlargement or maintenance of a\nchurch, minister's residence, school house or hall of the\ncongregation; or\n\nPresbyterian Church (Northern Territory) Property Trust Act 1986 8\n(c) the purchase of other property or the erection of buildings for\nthe congregation,\nor may otherwise apply those moneys for the benefit of the\ncongregation in such manner as the General Assembly directs.\n(5) Where subsection (4) is not applicable either because there is no\ncongregation to which the property belonged, or because the\nproperty was held for the Church generally or for a fund, institution,\nactivity or service of the Church, the Trust shall apply the moneys in\naccordance with the directions of the General Assembly.\n17 Trust may guarantee performance or indemnify loss\nThe Trust may guarantee, or undertake to indemnify a person for\nany loss arising out of, the performance of an obligation undertaken\nby a person administering property used for any purpose, activity or\ninstitution of the Church, and whether the property is solely used for\nthat purpose or activity or by that institution or not.\n18 Rights of minister of church\n(1) The minister duly appointed to a church:\n(a) shall, at all times, have free access to the church of which he\nis the officiating minister;\n(b) may freely exercise his spiritual functions in the church without\ninterruption or disturbance; and\n(c) may, while he continues to be the minister, freely use,\npossess and enjoy the minister's dwelling house and the\nappurtenances to the house.\n(2) The exercise of the rights given under subsection (1) shall not\nconfer a right of possession or property on a minister after he has\nceased to be, or has been removed from the office of, the officiating\nminister of the church regardless of the length of time for which he\nexercised those rights.\n19 Exercise of certain powers by Deacon's Court or Committee of\nManagement\n(1) The Deacon's Court or Committee of Management of a\ncongregation shall hold all moneys collected on behalf of the\ncongregation and shall apply those moneys in such manner as the\nGeneral Assembly, by regulation or otherwise, directs.\n\nPresbyterian Church (Northern Territory) Property Trust Act 1986 9\n(2) The Deacon's Court or Committee of Management of a\ncongregation may from time to time, with the approval of the Trust,\nexercise all or any of the functions of the Trust relating to the\nmanagement of the property of the congregation.\n20 Receipt to absolve from liability\nA receipt for moneys:\n(a) raised on property mortgaged or sold by the Trust in\naccordance with this Act;\n(b) received as a result of the surrender or compulsory acquisition\nof property vested in the Trust;\n(c) paid to the Trust as the result of the exercise by it of any of the\npowers conferred on it under this Act; or\n(d) otherwise paid to the Trust in accordance with this Act,\nbeing a receipt which:\n(e) has affixed to it, in accordance with section 6, the seal of the\nTrust;\n(f) is signed by a majority of the trustees; or\n(g) is signed by a person authorized by the Trust to receive those\nmoneys,\nshall exonerate the mortgagee, purchaser or other person paying\nthe moneys from all liability for supervising the application of those\nmoneys or for the loss, misapplication or non-application of those\nmoneys and from inquiring into the propriety, necessity or regularity\nof the mortgage, sale, lease or other dealing, and no mortgagee,\npurchaser or other person paying the moneys shall be entitled or\nconcerned to inquire whether consent has been given or rules,\nregulations or formalities made or imposed and, if any have been\nmade or imposed, have been observed and complied with.\n21 Certain property to be transferred to Trust\n(1) Where, by a will, deed or other instrument, property in the Territory\nis:\n(a) devised, bequeathed, given, granted, released, conveyed or\nappointed or is declared or directed to be held for, or on trust\nfor, or for the benefit of, the Church, a congregation or a fund,\ninstitution, activity or service of the Church;\n\nPresbyterian Church (Northern Territory) Property Trust Act 1986 10\n(b) recoverable by, or payable to, the Church, a congregation or a\nfund, institution, activity or service of the Church;\n(c) payable for religious, social, educational or charitable work of\nthe Church; or\n(d) payable to an officer or official of the Church for the benefit of\nthe Church generally or of a fund, institution, activity or service\nof the Church or of that of a congregation,\nthe will, deed or other instrument shall be construed and shall take\neffect as if the Trust were named in it as legal owner.\n(2) The Trust may call for and require the payment, transfer,\nconveyance and delivery to it of property referred to in\nsubsection (1).\n(3) Property paid, transferred, conveyed or delivered to the Trust in\naccordance with subsection (2) shall be held and dealt with by and\nbe under the direction and control of the Trust subject only to the\ntrusts declared in relation to the property in the will, deed or other\ninstrument relating to the property.\n(4) Where a person pays, transfers, conveys or delivers property to the\nTrust in accordance with this section, an acknowledgement or\nreceipt which:\n(a) has affixed to it, in accordance with section 6 the seal of the\nTrust;\n(b) is signed by a majority of the Trustees; or\n(c) is signed by a person authorized by the Trust to receive the\nproperty,\nshall be sufficient discharge and complete exoneration to the\nperson who is liable to pay, transfer, convey or deliver the property.\n22 Power to deal with property where scheme of co-operation\nentered into\n(1) Where, with the consent for the time being and from time to time\nprescribed by the General Assembly, a congregation has, at a\nmeeting duly called in accordance with the requirements of the\nGeneral Assembly, resolved to enter into a scheme of co-operation\nwith, or involving, a church of another denomination or a\ncongregation or activity of such a church being a scheme that\ninvolves the use of property vested in the Trust, the Trust may,\nwhile that scheme of co-operation continues in force, permit the\nproperty to be used, managed and administered in connection with\n\nPresbyterian Church (Northern Territory) Property Trust Act 1986 11\nthe scheme in such manner and upon such conditions as the\nGeneral Assembly determines.\n(2) The power of the General Assembly to determine conditions under\nsubsection (1) includes determining conditions in relation to the\nmaking of contributions of money for the acquisition, construction,\nalteration or repair of assets vested in or held on behalf of a\nco-operating church or congregation on such terms as to charges\non other assets and property vested in the Trust, for such\ncontributions from other denominations and otherwise as may be\ndetermined, and any such contributions by or on behalf of a\ncongregation of the Church or towards assets of or held on behalf\nof such a congregation shall to the extent so determined at the time\nof the contributions be so secured, subject however to all\nmortgages and charges created in good faith for consideration and\nregistered or entitled to be registered at the date of cessation of the\nscheme of co-operation.\n(3) The proceeds of the sale, mortgage or other dealing with property\nreferred to in this section and all moneys collected or held in\nrespect of a scheme of co-operation may be applied in such\nmanner as the General Assembly determines.\n23 Rights of minister of co-operating congregations\nThe minister or person in charge of the religious services of a\ncongregation which has entered into a scheme of co-operation may\nbe of a denomination other than Presbyterian and, if that minister is\nof another denomination, he may, so long as he is in charge of the\nreligious services for and so long as the scheme of co-operation is\nin force, exercise the rights conferred on a minister by section 18.\n24 Constitution of Committee of Management where scheme of\nco-operation is in force\nWhere a congregation has entered into a scheme of co-operation,\nthe Committee of Management of the congregation may include\nmembers of a congregation which is a party to the scheme of\nco-operation notwithstanding that the members may be of a\ndenomination other than Presbyterian.\n25 Certain sections to apply to property held on behalf of\nco-operating congregation\n(1) Subject to subsection (2), sections 22, 23 and 24 apply to and in\nrelation to all property held on behalf of a congregation which has\nentered into a scheme of co-operation except to the extent that the\nproperty is held subject to an express trust expressly forbidding its\nuse or administration in a way referred to in those sections.\n\nPresbyterian Church (Northern Territory) Property Trust Act 1986 12\n(2) Subsection (1) shall not prevent the use of property in a way\nreferred to in section 22, 23 or 24 where the property is merely\ndirected to be held on trust for Presbyterian worship or purposes.\n26 Registrar-General shall amend Register, &c.\n(1) The Registrar-General shall, on receipt of an application by the\nTrust, accompanied by:\n(a) a certificate under subsection (2);\n(b) the certificate as to title in respect of the land the subject of the\napplication; and\n(c) such other instrument as the Registrar-General may require,\nmake the appropriate entry in the Register kept under the Land Title\nAct 2000 and on the certificate as to title and carry out such other\nacts as are necessary to give effect to section 7.\n(2) For the purposes of this section, a certificate under the seal of the\nTrust and signed by the chairman of the Trust on behalf of the Trust\nis evidence that:\n(a) land described in the certificate is; or\n(b) a right stated in the certificate in relation to land in the\ncertificate has,\nvested under section 7 in the trust.\n(3) A document purporting to be a certificate referred to in\nsubsection (2) shall, unless the contrary is proved, be deemed to be\nsuch a certificate.\n27 Evidence of membership resolutions, &c., of the Trust\n(1) A certificate under the hand of the person for the time being holding\nthe office or performing the duties of Clerk of the General Assembly\ncertifying that:\n(a) the Trust consists of the persons specified in the certificate;\n(b) on a day specified in the certificate, the Trust consisted of the\npersons specified in the certificate;\n(c) a declaration, determination, resolution or rule specified in the\ncertificate has been made or passed by the General\nAssembly; or\n\nPresbyterian Church (Northern Territory) Property Trust Act 1986 13\n(d) the Church comprises the bodies set out in the certificate and\nthat those bodies carry out the duties set out in the certificate,\nis evidence of the matters so certified.\n(2) A document purporting to be a certificate referred to in section 27 or\npurporting to be a receipt referred to in section 20 or 21 shall,\nunless the contrary is proved, be deemed to be such a certificate or\nreceipt.\n28 Effect of Act on other Acts\nNothing in this Act shall be taken to limit the operation of any other\nlaw of the Territory and this Act shall be read subject to all other\nlaws of the Territory.\n29 Repeal\nThe Private Act of 1899, The Presbyterian Church of South\nAustralia Act of the State of South Australia in its application to the\nTerritory as a law of the Territory, is repealed.\n\nENDNOTES\nPresbyterian Church (Northern Territory) Property Trust Act 1986 14\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPresbyterian Church (Northern Territory) Property Trust Act 1986 (Act No. 3, 1986)\nAssent date 18 April 1986\nCommenced 18 April 1986\nStatute Law Revision Act 1989 (Act No. 60, 1989)\nAssent date 2 October 1989\nCommenced 2 October 1989\nReal Property (Consequential Amendments) Act 1991 (Act No. 33, 1991)\nAssent date 25 June 1991\nCommenced 1 October 1991 (Gaz S49, 1 October 1991)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 26.\n4 LIST OF AMENDMENTS\ns 2 amd No. 60, 1989, s 6\ns 26 amd No. 33, 1991, s 7; No. 45, 2000, s 11","sortOrder":0}],"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act’s core scope — to create a corporate Trust to hold and manage Presbyterian church property in the Northern Territory and to provide procedural rules and protections for congregations, ministers and third parties — remains the same as its original purpose. Subsequent amendments noted in the reprint (Statute Law Revision Act 1989; Real Property/ Land Title consequential amendments in 1991 and 2000; and later formal amendments) are largely technical or consequential, aligning registration and land-title processes with Territory land law and updating references (see s 26 amendments). Those changes alter administrative implementation (how vesting is recorded with the Registrar‑General) rather than expanding or contracting the Trust’s substantive powers under the Act (see ss 7 and 26)."},"complexity_factors":["29 sections with focused subject-matter (moderate length)","About 8 defined terms in Interpretation (concise but important) (s 2)","Cross-references to multiple internal provisions (e.g. ss 7, 9, 11, 12) and to external instruments (Registrar-General/land-title legislation) (s 26)","Conditional vesting with exceptions (automatic vesting in s 7; exceptions for express trusts and encumbrances in s 7(3)–(4))","Delegation of significant discretion to the General Assembly (rules, directions, trust variation) creating layered decision-making (ss 9, 10, 12)","Nested procedural protections: congregation consent for disposals (s 11) plus Presbytery report requirement for trust variation requests affecting congregational property (s 9(2))","Special evidentiary and finality rules (sealed certificates, receipts, Registrar-General entries) that affect third-party transaction certainty (ss 6, 20–21, 26–27)","Scheme of co-operation provisions introduce additional conditional arrangements, security and priority mechanics (ss 22(2)–(3))","Operational governance constraints (fixed trustee number; seal attestation by 4 trustees; quorum of 4) that may create practical execution bottlenecks (ss 4, 5, 6(4))"],"plain_english_summary":"**What this law does (mechanics)\n\n- Creates a single corporate body called the Presbyterian Church (Northern Territory) Property Trust (\"the Trust\") (s 3). The Trust can hold, manage, buy, sell, mortgage, lease and otherwise deal with real and personal property in the Northern Territory (s 3(2)(c); ss 12–16).\n\n- Automatically vests in the Trust, without any transfer instrument, church property in the Territory that on or after commencement is held for or on behalf of the Presbyterian Church (\"church trust property\"). That includes land, rights and personal property, subject to limited exceptions (s 7(1)–(4)).\n\n- Preserves certain protections and limitations:\n  - Property already subject to an express trust keeps that express trust (s 7(3)).\n  - Property subject to an encumbrance, charge or mortgage does not vest until the encumbrance is discharged or the encumbrance-holder consents and the Trust assumes the liabilities (s 7(4)).\n  - Property held for a congregation cannot be sold, leased, mortgaged, surrendered or exchanged without the congregation's consent (s 11(1)). The statute specifies how that consent is to be given (majority at a duly called meeting) (s 11(2)).\n\n- Organises governance and decision‑makers:\n  - Trustees are four persons (2 ministers and 2 communicants/adherents) elected by the General Assembly; initial trustees may be those of the NSW trust until elections occur (s 4).\n  - The General Assembly (the Church body identified in the Act) may give directions to the Trust, make rules about acquisition and management of land, and may vary trusts in specified circumstances (ss 4, 10, 12, 9).\n  - The Trust must meet at least twice a year, keep minutes, and make those minutes available to the Church's official auditor (s 5).\n\n- Provides transaction certainty to outsiders:\n  - Receipts, certificates and sealed documents from the Trust (properly signed and sealed) are conclusive evidence for many administrative purposes and will exonerate purchasers or payors from liability (ss 6(4)–(5); 20; 21; 26(2)–(3); 27).\n  - The Registrar-General is required to make relevant entries in the land register upon application by the Trust (s 26).\n\n- Sets rules about use of property in ecumenical arrangements:\n  - Where a congregation enters a \"scheme of co‑operation\" with another denomination, the Trust may permit property use under conditions determined by the General Assembly, and may secure contributions and other financial arrangements connected with the scheme (ss 22–25).\n\n- Protects certain ministerial rights:\n  - The minister of a church has continued rights of access, to exercise spiritual functions, and to occupy the minister's dwelling while in office; those do not create a proprietary right after the minister leaves (s 18).\n\n- Miscellaneous:\n  - The Trust may guarantee obligations or indemnify losses connected to church activities (s 17).\n  - The Act does not override other Territory laws (s 28) and it repeals an earlier, pre-existing private Act in its place (s 29).\n\n\nWho is affected and who decides\n\n- Who holds legal title: legal ownership of most Presbyterian church property in the NT shifts to the Trust (s 7). In practical terms, congregations, institutions and the national Church will no longer hold legal title themselves for property covered by the Act.\n\n- Who decides how property is used: the Trust exercises day-to-day property powers (ss 12–16), but the General Assembly can give directions to the Trust and make rules about property dealings (ss 10, 12). Congregations retain a decisive consent right for disposals of property held on their behalf (s 11).\n\n- Who pays or bears financial consequences: the Trust may borrow, mortgage property or guarantee obligations (ss 15, 17). Proceeds from sale or compulsory acquisition are held by the Trust and applied in line with the Act and General Assembly directions (s 16).\n\n\nWhy this matters (official purpose and practical trade‑offs)\n\n- The Act centralises legal title and creates a single corporate body authorised to manage, invest, mortgage and transact in church property in the NT (ss 3, 7, 12–16). The official rationale (as stated in the Act) is to provide a corporate vehicle to hold and deal with Presbyterian property.\n\n- Trade‑offs and implementation considerations:\n  - Concentration of title reduces the need for repeated registration of individual transfers, potentially lowering transactional friction for the Church (see s 7 and s 26). There is an administrative cost to the Trust and to the Registrar‑General to record and maintain centralised title.\n  - Decision‑making shifts toward trustees and the General Assembly; congregations retain veto on disposals (s 11) but lose direct legal ownership. That alters incentives: Trustees can manage assets for Church-wide priorities (s 12(2)–(4)) while congregations must rely on statutory consent protections for major transactions (s 11).\n  - The Trust’s governance has operational constraints that can matter in practice: the Act requires 4 trustees and 4 trustees to attest the common seal (ss 4, 6(4)), and a quorum of four at meetings (s 5(5)). Vacancies or inability to secure four trustees could frustrate decision‑making or document execution.\n  - Express trusts and registered encumbrances remain effective; the Act preserves existing trust terms and protects secured creditors by requiring consent before vesting (s 7(3)–(4)). This limits abrupt loss of third‑party security rights but creates an extra step when property is already mortgaged.\n  - The General Assembly’s power to vary trusts (s 9) centralises flexibility to re‑apply church assets where original purposes have become \"impossible or inexpedient,\" but the Act imposes procedural checks (e.g. reports from the Presbytery for congregation property, s 9(2)) and constraints aiming to keep applications as close as possible to original purposes (s 9(3)–(4)).\n  - The Act gives transactional certainty to outsiders (sealed receipts, certificates and Registrar‑General entries), which reduces transaction costs for purchasers and lenders (ss 20, 21, 26, 27).\n\n\nKey sections to scan when using the Act\n\n- Vesting and exceptions: s 7 (automatic vesting; encumbrance exception; express trusts)\n- Governance structure and trustee composition: s 4; meeting rules: s 5; common seal: s 6\n- Congregational consent rule for disposals: s 11\n- Powers to lease, mortgage, sell and apply proceeds: ss 13–16\n- Power to vary trusts and limits on re‑application of property: s 9\n- Registrar‑General and registration steps: s 26\n- Scheme of co‑operation with other denominations: ss 22–25\n\n(Sections cited above are numbered as in the Act.)"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in the long title: 'to provide for the incorporation of the Presbyterian Church (Northern Territory) Property Trust and for other related purposes.' The provisions regarding property management, congregational rights, and inter-denominational co-operation all fall within the expected scope of a church property trust statute. No significant mission creep is evident."},"complexity_factors":["Moderate length (29 sections) with straightforward sequential structure","7 defined terms in section 2, mostly intuitive (e.g., 'Church', 'congregation', 'Trust')","Several cross-references between sections (e.g., sections 11, 12, 14, 15 all subject to 'this Act' and specific prior sections)","Conditional logic in property vesting: automatic transfer subject to encumbrances requiring consent (section 7(4))","Nested exceptions in sections 22-25 regarding 'schemes of co-operation' with other denominations","Specific procedural requirements for congregational consent (section 11(2)) and Trust meetings (section 5)","Interaction with external legislation (Land Title Act 2000) noted in section 26"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal entity called the **Presbyterian Church (Northern Territory) Property Trust** — essentially a corporate body that can own, manage, and deal with property on behalf of the Presbyterian Church in the Northern Territory.\n\n**Who it affects:**\n\n*   **The Presbyterian Church of Australia** — specifically its congregations, ministers, and governing bodies in the Northern Territory.\n*   **Congregations** — local church communities who own or use property.\n*   **Property holders** — anyone who holds land or assets for the Church (these automatically transfer to the Trust).\n*   **People dealing with the Church** — buyers, mortgagees, or donors who need certainty about who legally owns Church property.\n\n**Key things the law sets up:**\n\n*   **Automatic transfer of property:** Any land or assets held for the Presbyterian Church in the NT automatically vests in (becomes legally owned by) the Trust, without needing formal paperwork.\n*   **Trust structure:** A body of 4 trustees (2 ministers, 2 church members) elected by the General Assembly in New South Wales.\n*   **Powers to manage property:** The Trust can buy, sell, lease, mortgage, and exchange land; it can also guarantee loans and manage investments.\n*   **Protection for congregations:** Property held for a specific congregation generally can't be sold or mortgaged without that congregation's consent (a majority vote at a properly called meeting).\n*   **Schemes of co-operation:** Special rules allow Presbyterian congregations to share property with other Christian denominations (like the Uniting Church), including allowing non-Presbyterian ministers to use church buildings.\n*   **Protection for buyers and lenders:** People who pay money to the Trust (for mortgages, sales, etc.) are protected — they don't have to check that internal church rules were followed.\n\n**Why it matters:**\n\nBefore this Act, Church property in the NT might have been held by various individuals or unclear arrangements. This law centralises ownership in a single corporate body that can legally sue and be sued, enter contracts, and hold land clearly registered in its name. It also balances central control (through the General Assembly) with local autonomy (congregations keep rights over their own property). The co-operation provisions recognise that many small NT congregations share facilities with other denominations."}},"importantCases":[],"_links":{"self":"/api/acts/presbyterian-church-northern-territory-property-trust-act-1986","history":"/api/acts/presbyterian-church-northern-territory-property-trust-act-1986/history","analysis":"/api/acts/presbyterian-church-northern-territory-property-trust-act-1986/analysis","conflicts":"/api/acts/presbyterian-church-northern-territory-property-trust-act-1986/conflicts","importantCases":"/api/acts/presbyterian-church-northern-territory-property-trust-act-1986/important-cases","documents":"/api/acts/presbyterian-church-northern-territory-property-trust-act-1986/documents"}}