{"id":"a-1971-16","name":"Presbyterian Church Trust Property Act 1971","slug":"presbyterian-church-trust-property-act-1971","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"16 of 1971","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24110,"registerId":"act-a-1971-16-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Presbyterian Church Trust Property Act 1971","content":"Australian Capital Territory\nPresbyterian Church Trust Property\nAct 1971 No 16\nRepublication No 3\nRepublication date: 22 August 2002\nLast amendment made by A2001-44\nAmendments incorporated to 12 September 2001\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Presbyterian Church Trust Property Act 1971, including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes), as in force\non 22 August 2002. It also includes any amendment, repeal or expiry affecting the\nrepublished law to 12 September 2001.\nThe legislation history and amendment history of the republished law are set out in\nendnotes 3 and 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see\nthe ACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been\nmade by an Act commencing on the republication date (see Legislation Act 2001, s 115\nand s 117). The changes are made if the Parliamentary Counsel considers they are\ndesirable to bring the law into line, or more closely into line, with current legislative\ndrafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an\nuncommenced amendment, the symbol U appears immediately before the provision\nheading. The text of the uncommenced provision or amendment appears only in the last\nendnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision\nappears in the endnotes. For the legal status of modifications, see Legislation Act 2001,\nsection 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication\ndate is—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendments incorporated to\n12 September 2001\nAustralian Capital Territory\nPresbyterian Church Trust Property\nAct 1971\nContents\nPage\n1 Name of Act 2\n2 Application of Legislation Act 2\n3 Definitions for Act 2\n4 Establishment of trust 2\n5 Constitution of trust 3\n6 Management and proceedings of trust 3\n7 Common seal of trust 4\n8 Property to vest in trust 4\n9 Vesting of other property in trust 5\n10 Variation of trust 6\n11 Rules relating to dealing with land 7\n12 Dealing with congregational property 7\n13 Power of trust to deal with land 8\n\nContents\nPage\ncontents 2 Presbyterian Church Trust Property Act 1971 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Trust may lease land 8\n15 Trust may exchange etc land 8\n16 Trust may mortgage land 9\n17 Trust’s power of sale 9\n18 Trust may guarantee performance or indemnify loss 10\n19 Rights of minister of church 10\n20 Exercise of certain powers by Deacon’s Court or Committee of\nManagement 11\n21 Receipt to absolve from liability 11\n22 Certain property to be transferred to trust 12\n23 Power to deal with property if scheme of cooperation entered into 13\n24 Rights of minister of cooperating congregations 14\n25 Constitution of Committee of Management if scheme of\ncooperation is in force 14\n26 Sections 23, 24 and 25 to apply to property held on behalf of\ncooperating congregation 15\n27 Registrar-general may amend register etc 15\n28 Evidence in relation to membership, resolutions etc of trust 16\n29 Effect of Act on any other Act 16\nEndnotes\n1 About the endnotes 17\n2 Abbreviation key 17\n3 Legislation history 18\n4 Amendment history 19\n5 Earlier republications 19\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendments incorporated to\n12 September 2001\nAustralian Capital Territory\nPresbyterian Church Trust Property\nAct 1971\nAn Act relating to the property of the Presbyterian Church of Australia in\nthe Australian Capital Territory\n\nSection 1\npage 2 Presbyterian Church Trust Property Act 1971 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Presbyterian Church Trust Property Act 1971.\n2 Application of Legislation Act\nThe Legislation Act 2001 does not apply to instruments made by\nthe general assembly or the trust.\n3 Definitions for Act\nIn this Act:\nNote A definition applies except so far as the contrary intention appears\n(see Legislation Act 2001, s 155).\nchurch trust property means property in the ACT that is for the\ntime 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.\nscheme of cooperation means a scheme of cooperation entered\ninto under section 23.\nthe Church means the Presbyterian Church of Australia.\nthe General Assembly means the General Assembly of the\nChurch in the State of New South Wales.\nthe trust means the Presbyterian Church (Australian Capital\nTerritory) Property Trust established by section 4.\nthe trustees means the members of the trust.\n4 Establishment of trust\n(1) There shall be a trust by the name of the Presbyterian Church\n(Australian Capital Territory) Property Trust.\n(2) The trust—\n\nSection 5\nR3 Presbyterian Church Trust Property Act 1971 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(a) is a body corporate with perpetual succession; and\n(b) shall have a common seal; and\n(c) has, subject to this Act, power to acquire, hold and dispose\nof or otherwise deal with real and personal property; and\n(d) may sue and be sued in its corporate name; and\n(e) has, in addition to the powers expressly given to it by this\nAct, the other powers that are necessary or convenient for\nthe performance of its functions under the Act.\n5 Constitution of trust\nThe trust shall consist of the persons who, for the time being,\nhold office as the trustees of the Presbyterian Church (New\nSouth Wales) Property Trust, being the body corporate of that\nname established by The Presbyterian Church (New South\nWales) Property Trust Act 1936 (NSW).\n6 Management and proceedings of trust\n(1) There shall be a chairperson of the trust who shall be elected by\nthe trustees from among their number.\n(2) The chairperson shall hold office for a period of 12 months but\nis eligible for re-election.\n(3) The chairperson shall preside at all meetings of the trust when\nhe or she is present.\n(4) In the absence of the chairperson from a meeting of the trust, the\ntrustees present shall elect 1 of their number to preside at that\nmeeting.\n(5) At a meeting of the trust, 4 of the trustees constitute a quorum.\n(6) The trust shall meet at least once every 6 months and shall keep\nor cause to be kept minutes of its proceedings and a record of its\nresolutions.\n\nSection 7\npage 4 Presbyterian Church Trust Property Act 1971 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) The minutes of proceedings of the trust and the record of its\nresolutions shall be made available for inspection when required\nby the official auditor of the Church, being the person appointed\nto that office by the General Assembly.\n(8) The method of calling meetings of the trust, the places where\nthose meetings are held and the procedure to be followed at\nthose meetings shall be as determined from time to time by the\ntrustees.\n7 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 attached to the documents\nor classes of documents that the trustees determine.\n(4) The attaching of the common seal of the trust shall be attested\nby not less than 4 trustees.\n(5) All courts, judges and persons acting judicially shall take notice\nof the common seal of the trust attached to a document and shall\npresume that it was duly attached.\n8 Property to vest in trust\n(1) Subject to this section, any land in the ACT, together with any\nrights, easements and appurtenances relating to that land, and\nany personal property in the ACT, that is, at the date of\ncommencement of this Act, held, or that, at any date after the\ndate of commencement of this Act, shall be held, by any person\nfor or on behalf of the Church or that belongs to the Church\nwhether in possession, reversion, remainder or expectancy\nwhether for, or for the use of, or for the benefit of the Church\nshall, without any conveyance or transfer, vest in the trust on\nand after the date of commencement of this Act.\n\nSection 9\nR3 Presbyterian Church Trust Property Act 1971 page 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subsection (1) applies in relation to land or personal property\nreferred to in that subsection whether or not that land or\nproperty—\n(a) is held on behalf of, or belongs to, any congregation or\ninstitution of the Church; or\n(b) is held on behalf of any activity, service or interest of the\nChurch;\nand whether or not that land or property is connected with any\ncongregation, institution, activity, service or interest of the\nChurch.\n(3) Subject to any express trust affecting that land or personal\nproperty, any land or property that vests in the trust under this\nsection shall be held, and may be dealt with, by the trust in\naccordance with the provisions of this Act.\n(4) If any land or personal property referred to in this section is\nsubject to an encumbrance, charge or mortgage, that land or\nproperty shall not vest in the trust, except with the consent of\nthe emcumbrancee, chargee or mortgagee, until that\nencumbrance, charge or mortgage has been discharged or until\nthe trust, with the consent of the encumbrancee, chargee or\nmortgagee, has undertaken to be responsible for the liabilities\nimposed by that encumbrance, charge or mortgage.\n9 Vesting of other property in trust\n(1) In addition to the property vested in the trust under section 8,\nthe trust may hold property in the ACT on trust for any purpose,\nactivity or institution of the Church whether within or outside\nAustralia, or in any way connected with the Church.\n(2) Property vested in the trust under subsection (1) shall be held,\nand may be dealt with, in accordance with the provisions of this\nAct as if that property were property that had vested in the trust\nunder section 8.\n\nSection 10\npage 6 Presbyterian Church Trust Property Act 1971 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Variation of trust\n(1) If, because of circumstances subsequent to the creation of a trust\nto which any church trust property is for the time being subject,\nit has, in the opinion of the Assembly acting at the request of the\ntrust, become impossible or inexpedient to carry out or observe\nthat trust, the Assembly may by resolution direct that the\nproperty be held for, or for the use, benefit or purposes of the\nChurch subject to the other trust that the Assembly declares and\nthat firstmentioned trust shall thereupon cease and determine\nand the property shall be held subject to the trust so declared.\n(2) If any church trust property referred to in subsection (1) is held\non behalf of a congregation, the trust shall not make a request\nreferred to in subsection (1) without first having obtained a\nreport from the Presbytery of the Bounds.\n(3) Subject to subsection (4), the property shall be applied for the\nsame congregation or, if not held on behalf of a congregation,\nfor the same purposes as nearly as may be as the purposes for\nwhich it was held immediately before the Assembly resolved\nthat the trust subject to which the property was held should\ncease and determine.\n(4) The Assembly may by resolution declare that, because of\ncircumstances subsequent to the creation of a trust to which any\nchurch trust property is held, it has, in the opinion of the\nAssembly, become impossible or inexpedient to deal with or\napply that property or some part of the property for the use or\nbenefit of that congregation or for the same or like purposes,\nand, in such a case, that property or that part of that property\nmay be dealt with and applied for such other purposes and in\nrelation to such other congregation or congregations as the\nAssembly by resolution declares.\n(5) If any church trust property is held by the trust for any purpose,\nactivity or institution conducted by or on behalf of the General\nAssembly of the Presbyterian Church of Australia, the powers\ngiven by subsections (1) to (4) to the Assembly shall be\n\nSection 11\nR3 Presbyterian Church Trust Property Act 1971 page 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\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.\n(6) In this section:\nthe Assembly means the General Assembly of the Church in\nNew South Wales.\n11 Rules relating to dealing with land\n(1) The General Assembly may make rules with respect to—\n(a) the purchase or acquisition of freehold or leasehold\nproperty in the ACT—\n(i) as an investment for the funds of the Church; or\n(ii) for any use, activity, service or object of the Church;\nor\n(iii) for the purposes of the Church generally; and\n(b) the dealing with, management and control of all or any\nparticular property that is vested in the trust;\nbut, if such a rule conflicts with this Act or any other Territory\nlaw, the rule shall to the extent of that conflict be void.\n(2) A failure, on the part of the trust or any other person, to comply\nwith a rule made by the Assembly under this section shall not\ninvalidate any transaction in relation to which the rule applied.\n12 Dealing with congregational property\n(1) No property that is held on behalf of a congregation shall be\nsold, leased, mortgaged, surrendered or exchanged and no claim\nin relation to the compulsory acquisition or surrender of any\nsuch property shall be determined without the consent of that\ncongregation.\n(2) The consent of the congregation shall be deemed to have been\ngiven for subsection (1) if a majority of the members of the\n\nSection 13\npage 8 Presbyterian Church Trust Property Act 1971 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncongregation 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 11\nthat in any way attempts to limit the rights of a congregation\nunder this section.\n13 Power of trust to deal with land\n(1) Subject to this Act, all property vested in the trust shall, so far as\nthe property is not subject to any express trust, be held and dealt\nwith by the trust in any way that the trust considers appropriate.\n(2) The General Assembly may from time to time give directions or\ninstructions to the trust with regard to any matter affecting any\nproperty held by it for the Church.\n(3) Any such directions or instructions may be given with respect to\nthe property of the Church generally or with respect to any fund,\ninstitution, activity or service of the Church.\n(4) The Trust shall comply with any such directions or instructions.\n14 Trust may lease land\nSubject to this Act, the trust may grant leases or subleases of\nany land or premises held by it for the periods, at the rents and\nsubject to the terms and conditions that it considers appropriate.\n15 Trust may exchange etc land\nSubject to the rights of a congregation under section 12, the\ntrust has full discretionary power to act in relation to all cases of\nexchange, surrender, dedication and compulsory acquisition of\nany property vested in the trust under this Act including the\npower to make claims for compensation, and to agree to and\nsettle, on the terms and conditions that it considers appropriate,\nany such claims.\n\nSection 16\nR3 Presbyterian Church Trust Property Act 1971 page 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Trust may mortgage land\nSubject to the rights of a congregation under section 12—\n(a) the trust may from time to time mortgage to any person\nany land vested in the trust under this Act for the purposes\nof securing the repayment of the sum or sums of money\nwith or without interest that the trust considers necessary\nfor the purposes of the Church generally or any of its\nfunds, services, institutions or interests or for the purposes\nof any congregation of the Church; and\n(b) the trust may guarantee advances with or without security\nmade for any purpose set out in this section.\n17 Trust’s power of sale\n(1) Subject to this Act, the trust may from time to time sell any\nproperty vested in it by public auction or private contract as it\nconsiders appropriate at the price that can be reasonably\nobtained for that property.\n(2) When any property is sold by the trust, the trust shall transfer or\nconvey that property and it shall vest in the transferee or\npurchaser, his or her heirs, executors, administrators and\nassigns, according to the estate and interest of the trust in that\nproperty absolutely freed and discharged from all trusts.\n(3) The trust shall stand possessed of the net money obtained from\nany mortgage given over any land the net money arising from\nthe sale, surrender or compulsory acquisition of any property\nsold, surrendered or compulsorily acquired after payment and\nsatisfaction of mortgage and other money chargeable against\nthat property and may apply the money, with the consent of the\nGeneral Assembly, for all or any of the following purposes:\n(a) the erection of buildings for the congregation to which the\nproperty mortgaged, sold, surrendered or compulsorily\nacquired belonged;\n\nSection 18\npage 10 Presbyterian Church Trust Property Act 1971 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the improvement, repair, enlargement or maintenance of\nthe church, minister’s residence, school house or hall of\nthat congregation;\n(c) the purchase of other property or the erection of buildings\nfor that congregation;\nor may otherwise apply the money for the benefit of that\ncongregation in any way that the General Assembly directs.\n(4) If subsection (3) 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 any fund,\ninstitution, activity or service of the Church, the trust shall apply\nthe money in accordance with the directions of the General\nAssembly.\n18 Trust may guarantee performance or indemnify loss\nThe trust may guarantee, or undertake to indemnify any person\nfor any loss arising out of, the performance of any obligation\nundertaken by persons administering property used for any\npurpose, activity or institution of the Church and whether solely\nso used or not.\n19 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\nhe or she is the officiating minister; and\n(b) may freely exercise his or her spiritual functions in the\nchurch without interruption or disturbance by any person;\nand\n(c) may, while he or she continues to be the minister freely\nuse, possess and enjoy the minister’s dwelling house and\nthe appurtenances to that house.\n\nSection 20\nR3 Presbyterian Church Trust Property Act 1971 page 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The exercise of any right under subsection (1) shall not give any\nright of possession or property to a minister after he or she has\nceased to be, or has been removed from the office of, the\nofficiating minister of the church regardless of the length of\ntime for which that minister exercised that right.\n20 Exercise of certain powers by Deacon’s Court or\nCommittee of Management\n(1) The Deacon’s Court or Committee of Management of a\ncongregation shall hold all money collected on behalf of that\ncongregation and shall apply the money in the way that the\nGeneral Assembly, by regulation or otherwise, directs.\n(2) The Deacon’s Court or Committee of Management of a\ncongregation may from time to time, with the approval of the\ntrust, exercise all or any of the functions of the trust in relation\nto the management of the property of the congregation.\n21 Receipt to absolve from liability\nA receipt for—\n(a) the money raised on any property mortgaged by the trust;\nor\n(b) the purchase money of any property sold under this Act; or\n(c) the money received as a result of the surrender or\ncompulsory acquisition of any property; or\n(d) any other money payable to the trust as the result of the\nexercise by it of any of the powers given to it under this\nAct or otherwise receivable by it under this Act;\nbeing a receipt—\n(e) to which the seal of the trust has been attached in\naccordance with section 7; or\n(f) that is signed by a majority of the trustees; or\n\nSection 22\npage 12 Presbyterian Church Trust Property Act 1971 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) that is signed by a person authorised by the trust to receive\nthe money;\nshall exonerate the mortgagee, purchaser or other person paying\nthe money from all liability for supervising the application of\nthe money or for the loss, misapplication or non-application of\nthe money and from inquiring into the propriety, necessity or\nregularity of any mortgage, sale, lease or other dealing and no\nmortgagee, purchaser or other person paying the money shall be\nentitled or concerned to inquire whether any consent has been\ngiven or rules, regulations or formalities made or imposed and,\nif any have been so made or imposed, have been observed and\ncomplied with in the premises.\n22 Certain property to be transferred to trust\n(1) If, by any will, deed or other instrument, any property in the\nACT—\n(a) is devised, bequeathed, given, granted, released, conveyed\nor appointed or is declared or directed to be held for, or on\ntrust for, of for the benefit of, the Church, a congregation\nor a fund, institution, activity or service of the Church; or\n(b) is recoverable by, or payable to, the Church, a\ncongregation or any fund, institution, activity or service of\nthe Church; or\n(c) is payable for any religious, social, educational or\ncharitable work of the Church; or\n(d) is payable to an officer or official of the Church for the\nbenefit of the Church generally or any of its funds,\ninstitutions, activities or services or that of any\ncongregation;\nthat will, deed or other instrument shall be construed and shall\ntake effect as if the trust were named in it as legal owner.\n\nSection 23\nR3 Presbyterian Church Trust Property Act 1971 page 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The trust may call for and require the payment, transfer,\nconveyance and delivery to it of any property referred to in\nsubsection (1).\n(3) Any property paid, transferred, conveyed or delivered in\naccordance with subsection (2) shall be held and dealt with by\nand be under the direction and control of the trust subject only\nto the trusts declared in relation to that property in the will, deed\nor other instrument relating to that property.\n(4) If any person pays, transfers, conveys or delivers any property\nto the trust in accordance with this section, an acknowledgment\nor receipt—\n(a) to which the seal of the trust has been attached in\naccordance with section 7; or\n(b) that is signed by a majority of the trustees; or\n(c) that is signed by a person authorised by the trust to receive\nthat property;\nshall be sufficient discharge and complete exoneration to the\nperson who is liable to pay, transfer, convey or deliver that\nproperty.\n23 Power to deal with property if scheme of cooperation\nentered into\n(1) If, with the consents 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\nAssembly, resolved to enter into a scheme of cooperation with,\nor 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 cooperation continues in force, permit that\nproperty to be used, managed and administered in connection\nwith that scheme in the way and on the conditions that the\nGeneral Assembly determines.\n\nSection 24\npage 14 Presbyterian Church Trust Property Act 1971 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The conditions that the General Assembly may determine under\nsubsection (1) include conditions with respect to the making of\ncontributions of money for the acquisition, construction,\nalteration or repair of assets vested in or held on behalf of a\ncooperating church or congregation on the terms about charges\non other assets and charges on property vested in the trust for\nany such contributions from other denominations and otherwise\nas may be so determined and any such contribution by or on\nbehalf of a congregation of the Church or towards assets of or\nheld on behalf of such a congregation shall to the extent so\ndetermined at the time of the contributions be so secured,\nsubject however to all mortgages and charges created in good\nfaith for consideration and registered or entitled to be registered\nat the date of cessation of the scheme of cooperation.\n(3) The proceeds of the sale, mortgage or other dealing with any\nproperty referred to in this section and all money collected or\nheld in relation to a scheme of cooperation may be applied in\nthe way that the General Assembly determines.\n24 Rights of minister of cooperating congregations\nThe minister or other person in charge of the religious services\nof a congregation that has entered into a scheme of cooperation\nmay be of a denomination other than Presbyterian and, if that\nminister is of another denomination, he or she shall, so long as\nhe or she is in charge of the religious services and so long as\nthat scheme of cooperation is in force, have the rights of a\nminister that are specified in section 19.\n25 Constitution of Committee of Management if scheme\nof cooperation is in force\nIf a congregation has entered into a scheme of cooperation, the\nCommittee of Management of that congregation may include\nmembers of any other congregation that is a party to the scheme\nof cooperation and those members may be of a denomination\nother than Presbyterian.\n\nSection 26\nR3 Presbyterian Church Trust Property Act 1971 page 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Sections 23, 24 and 25 to apply to property held on\nbehalf of cooperating congregation\n(1) The provisions of sections 23, 24 and 25 apply to and in relation\nto all property at any time held on behalf of a congregation that\nhas entered into a scheme of cooperation except to the extent\nthat the property is held subject to any express trust expressly\nforbidding its use or administration in any of the ways referred\nto in those sections.\n(2) Subsection (1) does not apply to prevent the use of property in a\nway referred to in sections 23, 24 and 25 if the property is\nmerely directed to be held on trust for Presbyterian worship or\npurposes.\n27 Registrar-general may amend register etc\n(1) The registrar-general shall, on application by the trust, make the\nentries in the register kept under the Land Titles Act 1925 that\nare necessary to give effect to section 8.\n(2) For this section, a certificate under the seal of the trust and\nsigned by the chairperson on behalf of the trust is evidence\nthat—\n(a) land described in the certificate is vested; or\n(b) rights stated in the certificate in relation to land in the\ncertificate have vested;\nin the trust under section 8.\n(3) A document purporting to be a certificate referred to in\nsubsection (2) shall, unless the contrary is proved, be deemed to\nbe such a certificate.\n\nSection 28\npage 16 Presbyterian Church Trust Property Act 1971 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n28 Evidence in relation to membership, resolutions etc of\ntrust\n(1) A certificate signed by the person for the time being holding the\noffice, or performing the duties, of Clerk of the General\nAssembly certifying—\n(a) that the trust consists of the persons specified in the\ncertificate; or\n(b) that, on a day specified in the certificate, the trust consisted\nof the persons specified in the certificate; or\n(c) that any declarations, determinations, resolutions or rules\nspecified in the certificate have been made or passed by the\nGeneral Assembly; or\n(d) that the Church comprises the bodies set out in the\ncertificate and that those bodies carry out the duties set out\nin the certificate;\nis evidence of the matters so certified.\n(2) A document purporting to be a certificate referred to in\nsubsection (1) or purporting to be a receipt referred to in section\n21 or 22 shall, unless the contrary is proved, be deemed to be\nsuch a certificate or receipt.\n29 Effect of Act on any other Act\nNothing in this Act shall be taken to limit the operation of any\nother Territory law and this Act shall be read subject to all other\nTerritory laws.\n\nEndnotes\nAbout the endnotes 1\nR3 Presbyterian Church Trust Property Act 1971 page 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and\nthe amendment history. Current modifications are not included in the\nrepublished law but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3\nare annotated in the amendment history. Full details of any amendments can\nbe obtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation\nhistory and the amendment history. These details are underlined.\nUncommenced provisions and amendments are not included in the\nrepublished law but are set out in the last endnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\nIf the republished law includes penalties, current information about penalty\nunit values appears on the republication inside front cover.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter p = page\ncl = clause par = paragraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly prov = provision\ndiv = division pt = part\nexp = expires/expired r = rule/subrule\nGaz = Gazette reg = regulation/subregulation\nhdg = heading renum = renumbered\nIA = Interpretation Act 1967 reloc = relocated\nins = inserted/added R[X] = Republication No\nLA = Legislation Act 2001 s = section/subsection\nLR = legislation register sch = schedule\nLRA = Legislation (Republication) Act 1996 sdiv = subdivision\nmod = modified / modification sub = substituted\nNo = number SL = Subordinate Law\nnum = numbered underlining = whole or part not commenced\no = order or to be expired\nom = omitted/repealed\n\nEndnotes\n3 Legislation history\npage 18 Presbyterian Church Trust Property Act 1971 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Presbyterian\nChurch Trust Property Ordinance 1971 Ord1971-16 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth),\ns 34 (4) converted most former Commonwealth ordinances in force in the\nACT into ACT enactments. This allowed the ACT Legislative Assembly to\namend and repeal the laws. This Act was converted into an ACT enactment\non 11 May 1989 (self-government day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989\nA1989-21, s 5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),\ns 12).\nLegislation before becoming Territory enactment\nPresbyterian Church Trust Property Act 1971 A1971-16\nnotified 12 August 1971\ncommenced 12 August 1971\nas amended by\nLegislation after becoming Territory enactment\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64\nsch 1\nnotified 6 September 1993 (Gaz 1993 No S172)\ns 1, s 2 commenced 6 September 1993 (s 2 (1))\nsch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No\nS207)\nReal Property (Consequential Provisions) Act 1993 A1993-90 sch\nnotified 17 December 1993 (Gaz 1993 No S258)\ns 1, s 2 commenced 17 December 1993 (s 2 (1))\nsch commenced 1 January 1994 (s 2 (2) and see Gaz 1993 No\nS270)\n\nEndnotes\nAmendment history 4\nR3 Presbyterian Church Trust Property Act 1971 page 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLand Titles (Consequential Amendments) Act 1995 A1995-54 sch\npt 1\nnotified 20 December 1995 (Gaz 1995 No S313)\ncommenced 20 June 1996 (s 2 and see Land Titles (Amendment)\nAct 1995, s 2 (3))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt\n295\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 295 commenced 12 September 2001 (s 2 and see Gaz 2001 No\nS65)\n4 Amendment history\nApplication of Legislation Act\ns 2 sub A2001-44 amdt 1.3274\nRegistrar-General may amend register etc\ns 27 am A1993-64 sch 1; A1993-90 sch; A1995-54 sch pt 1\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1\nrefers to the publication order.\nSince 12 September 2001 every authorised republication has been published\nin electronic pdf format on the ACT legislation register. A selection of\nauthorised republications have also been published in printed format. These\nrepublications are marked with an asterisk (*) in column 1. Except for the\nfooter, electronic and printed versions of an authorised republication are\nidentical.\nRepublication No Amendments to Republication date\n1 not amended 31 July 1991\n2 A1995-54 31 January 1998\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at\nwww.legislation.act.gov.au\n© Australian Capital Territory 2002","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act's substantive scope—automatic vesting of Presbyterian property in an ACT trust and the allocation of powers between trustees, congregations and the General Assembly—remains intact. The law was converted from a Commonwealth ordinance into an ACT enactment (endnotes) and later amended for administrative and land‑titling matters (registrar‑general and land titles amendments: A1993‑64; A1993‑90; A1995‑54; A2001‑44), which adjusted procedural and registry mechanics (s27) but did not materially alter the core vesting and governance rules (ss4, 8–13)."},"complexity_factors":["Automatic vesting of all church property in the ACT in the trust without conveyance (s8) creates a broad, default transfer mechanism.","Exceptions where encumbrances require consent or discharge add conditional complexity (s8(4)).","Composition of the trust is tied to an external NSW corporate body, linking interstate governance (s5).","Extensive discretionary powers for trustees over sale, lease, mortgage and guarantees (ss13–18) concentrate decision-making.","Congregational consent requirement for disposals preserves local veto and creates procedural steps (s12).","General Assembly rule‑making and power to give binding directions introduce hierarchical oversight and potential tension (ss11, 13).","Certificates and sealed receipts treated as conclusive evidence reduce evidentiary disputes but raise reliance on internal formalities (ss21, 27, 28).","Scheme of cooperation provisions permit mixed‑denomination arrangements and secured contributions, adding regulatory complexity to shared use (ss23–26).","Interaction with land‑titling and registrar‑general amendments requires administrative alignment with territory property systems (s27; endnotes).","Exemption from the Legislation Act for instruments of the General Assembly or the trust restricts external review/standardisation (s2)."],"plain_english_summary":"Establishes the Presbyterian Church (Australian Capital Territory) Property Trust and automatically vests Presbyterian church land and personal property in the ACT in that trust without separate transfer (s4, s8). The trustees (members of the NSW trust) manage, lease, mortgage, sell, guarantee and apply proceeds, subject to congregational consent for congregational property (s5, s12) and to directions or rules from the General Assembly (s11, s13). Decisions are made by trustees and the General Assembly; congregations keep a veto over disposals; ministers have access rights (s19)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as enacted in 1971. It was always intended to establish a property trust for the Presbyterian Church in the ACT, manage the transfer of church assets into that trust, and provide mechanisms for congregational protection and inter-denominational cooperation. The amendments shown in the endnotes are minor technical updates (consequential amendments related to registrar-general functions and land titles legislation) rather than substantive expansions of scope. The Act remains focused on its core purpose of church property management."},"complexity_factors":["Moderate length (29 sections) with straightforward sequential structure","Only 6 defined terms in section 3, though some definitions incorporate external concepts (e.g., reference to NSW legislation)","Cross-references are present but limited primarily to internal references between sections (e.g., sections 23-26 referring to each other)","Conditional logic exists but is not deeply nested – mainly 'subject to' clauses protecting congregational rights (section 12) and mortgagee consent requirements (section 8(4))","Some complexity in section 10 regarding variation of trusts, with multiple subsections setting out different scenarios for property held for congregations vs. general church purposes","Integration with external NSW church governance (General Assembly of NSW) adds a layer of jurisdictional complexity","Section 23 contains dense provisions about inter-denominational cooperation schemes with security interests and charging provisions"],"plain_english_summary":"The Act creates the Presbyterian Church (ACT) Property Trust to hold and manage all Presbyterian land, buildings and funds in the ACT, automatically vesting existing church property into that single legal body. It centralises ownership while protecting local congregations (their consent is required for sales/mortgages/leases), guarantees ministers’ access to churches and residences, and permits formal cooperation arrangements with other denominations under clear property rules."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/presbyterian-church-trust-property-act-1971","history":"/api/acts/presbyterian-church-trust-property-act-1971/history","analysis":"/api/acts/presbyterian-church-trust-property-act-1971/analysis","conflicts":"/api/acts/presbyterian-church-trust-property-act-1971/conflicts","importantCases":"/api/acts/presbyterian-church-trust-property-act-1971/important-cases","documents":"/api/acts/presbyterian-church-trust-property-act-1971/documents"}}