{"id":"presbyterian-trusts-act-1890","name":"Presbyterian Trusts Act 1890","slug":"presbyterian-trusts-act-1890","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178530,"registerId":"vic-presbyterian-trusts-act-1890-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Presbyterian Trusts Act 1890","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 002\nPresbyterian Trusts Act 1890\nAct No. 1175/1890\nVersion incorporating amendments as at 23 April 2002\nTABLE OF PROVISIONS\nSection Page\n1. Short title 2\n2. Definitions 2\n3. General Assembly may pass resolution to form corporate body of\ntrustees 3\n4. Certified copy of resolution to be delivered to Registrar-General 4\n5. Corporate trustees to be constituted and may take and hold\nproperty 4\n6. Certain property to vest in corporate trustees immediately 5\n7. Other church properties may be transferred to corporate trustees 6\n8. Moderator may consent to transfer for certain trustees 6\n9. Properties for which there are no trustees to vest in corporate\ntrustees 7\n10. Registrar-General or Registrar of Titles to carry out transfers to\ncorporate trustees 8\n11. Gifts to church before incorporation to have same effect\nafterwards 8\n12. Appointment of corporate trustees 8\n13. Successor in office to become trustee in place of predecessor 9\n14. Management of property vested in corporate body of trustees 9\n14A. Power to Trust Corporation to invest moneys separately or in\nCommon Fund 10\n14B. Allocation of income received on investments made from\nCommon Fund 12\n14C. Trusts Corporation shall be responsible 14\n15. Corporate body of trustees may convey to congregational trustees\nfor purpose of mortgaging 14\n16. Trustees appointed hereunder to be trustees of property 15\n17. Enrolment of Model Trust Deeds 15\n18. Certain property to be held in trusts of Model Trust Deeds 15\n19. Model Trust Deeds may be adopted in other cases 16\n20. Conveyances transfers etc. by majority of trustees sufficient 17\n21. \"Register of Trustees\" 18\n22. Amendment of register 19\n23. Legal estate to pass to new trustees without conveyance 20\n\nVictorian Legislation and Parliamentary DocumentsSection Page\nii\n24. Proof of entries in register and certificates 20\n25. Rules 21\n__________________\nSCHEDULES 23\nSCHEDULE 1—Certificates as to Trustees of Church Property 23\nSCHEDULE 2—\"The Presbyterian Register of Trustees\" 24\n═══════════════\nENDNOTES 25\n1. General Information 25\n2. Table of Amendments 26\n3. Explanatory Details 27\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 002\nPresbyterian Trusts Act 1890\nAct No. 1175/1890\nVersion incorporating amendments as at 23 April 2002\nAn Act to provide for the creation of a Corporate Body of\nTrustees in which Property belonging to \"The Presbyterian\nChurch of Victoria\" may be vested and for other purposes.\nPreamble\nWHEREAS by an Act passed in the twenty-second\nyear of Her present Majesty numbered LXXXII as\namended by Act No. CCCXXI, it was enacted that\nall hereditaments estates and temporal privileges\nand all equitable rights belonging to certain\nPresbyterian bodies and the congregations thereof\nshould belong to \"The Presbyterian Church of\nVictoria\" and the several congregations thereof\nsubject to the decisions and judicatories of the said\nchurch only:\nAND WHEREAS the General Assembly of the\nsaid church has adopted Model Trust Deeds\n(hereinafter called \"The Model Trust Deeds of the\nPresbyterian Church of Victoria\") to the intent that\ncertain property belonging to the said church may\nbe held upon the trusts thereof:\nAND WHEREAS the said Model Deeds were\ndeposited with the Registrar-General on the\neleventh day of March One thousand eight hundred\nand seventy-nine and are numbered respectively\nfour thousand three hundred and seventy-nine and\nfour thousand three hundred and eighty:\nAND WHEREAS the members of the said church\nare desirous that a corporate body of trustees\nshould be created for the purpose of holding the\nproperty of the said church, and that for the better\nmanagement thereof certain property of the said\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n2\nchurch should be vested in such corporate body,\nand that the trusts upon which the property of the\nsaid church is held should be assimilated so far as\npossible to the trusts contained in the said Model\nDeeds, and that the conveyance and transfer of\nsuch property should be facilitated and rendered\nless expensive:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title\nThis Act shall be called and may for all purposes\nbe cited as the Presbyterian Trusts Act 1890.\n2. Definitions\nIn this Act, unless inconsistent with the subject-\nmatter or context, the following words shall have\nthe meanings hereinafter respectively assigned to\nthem:\n1\"Church\" means the Presbyterian Church of\nVictoria continuing to function under the\nname or style of the Presbyterian Church of\nVictoria in accordance with clause 18 of\nPart III of the Schedule to the Presbyterian\nChurch of Australia Act 1971;\n\"Common Fund\" means the Common Fund\nauthorized to be established and kept in the\nbooks of the Trusts Corporation pursuant to\nsub-section (1) of section fourteen A;\n\"General Assembly\" shall mean the General\nAssembly of the Presbyterian Church of\nVictoria, convened in accordance with the\nrules practice and usages of the said church;\ns. 1\nS. 2 def. of\n\"Church\"\nsubstituted by\nNo. 9344\ns. 3(1).\nS. 2 def. of\n\"Common\nFund\"\ninserted by\nNo. 7310\ns. 2(a).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n3\n\"General Assembly's Trustees\" shall mean the\npersons who previously to the creation of the\ncorporate body of trustees hereinafter\nmentioned have been appointed by the\nGeneral Assembly as trustees for the\nproperty of the church;\n\"Moderator\" shall mean the Moderator for the\ntime being of the General Assembly of the\nPresbyterian Church of Victoria;\n\"property\" shall mean land promised or reserved\nby the Crown for any of the purposes of the\nPresbyterian Church of Victoria or of any of\nthe bodies mentioned in the said Act\nNo. LXXXII, as amended by the Act\nNo. CCCXXI, and all property real and\npersonal including money or securities for\nmoney held by or vested or purporting to be\nvested in or claimable by any person or\npersons either in trust generally for the said\nChurch or for any congregation thereof or for\nany special purpose in connexion therewith\nor for the benefit or use of the members\nthereof as such or of any person or persons\nholding for the time being office therein;\n\"Trusts Corporation\" means the corporate body\nof trustees constituted under this Act under\nthe name of the Presbyterian Church of\nVictoria Trusts Corporation.\n3. General Assembly may pass resolution to form\ncorporate body of trustees\nThe General Assembly may if it thinks fit pass a\nresolution expressing its desire—\n(a) that a corporate body of trustees be\nconstituted for the purpose of holding\nproperty in trust for the church;\nS. 2 def. of\n\"Trusts\nCorporation\"\ninserted by\nNo. 7310\ns. 2(b).\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n4\n(b) that the persons nominated in the resolution\nas trustees be the corporate body of trustees;\n(c) that such trustees be incorporated under the\nname specified in the resolution.\nNothing in this section shall affect any separate\ntrust, but such trust shall continue in force after\nthe trust estate shall have been transferred to or\nvested in the corporate body of trustees under the\nprovisions hereinafter contained.\n4. Certified copy of resolution to be delivered to\nRegistrar-General\nAs soon as may be after the passing of such\nresolution the Moderator shall cause a copy\nthereof duly certified under his hand to be\ndelivered to the Registrar-General, who shall\nretain and register the same.\n5. Corporate trustees to be constituted and may take\nand hold property\nWithin one month of the registration of such\nresolution the Registrar-General shall give notice\nthereof by advertising the same at length in the\nGovernment Gazette, and thereupon the trustees\nnamed in such notice and their successors to be\nappointed as hereinafter provided shall be a body\ncorporate by the name stated in such notice, and\nshall have perpetual succession and a common\nseal, and may sue and be sued, and may acquire\ntake and hold any property in trust for the church,\nand may receive any moneys which have been or\nshall be given or contributed by any person or\npersons to be applied to any of the purposes of the\nchurch, and may take over any securities for\nmoney held by any person or persons on behalf\nthereof, and may take in the name of such\ncorporate body any securities for money\nbelonging to the church which shall be lent or\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n5\nadvanced on account thereof, and shall deal with\nall such property and securities so as to give effect\nto the trusts to which they shall be specially\nsubject or when not subject to any express trust in\nsuch manner as this Act hereinafter provides or\nthe General Assembly may from time to time\ndirect, but so as not to interfere with the\njurisdiction of the Supreme Court in the\nenforcement of trusts.\n6. Certain property to vest in corporate trustees\nimmediately\nImmediately upon the incorporation of the\ncorporate body of trustees, all property held by\nany person or persons for or on behalf of the\nchurch generally other than property which at the\npassing of this Act is held on behalf of or\noccupied or used by or for the purposes of any\nexisting congregation of the church or of the\nminister thereof and all property held and all\nsecurities taken for money advanced by the\nGeneral Assembly's trustees for and on behalf of\nthe church, and all property situated in any place\nin which no congregation being or forming part of\na settled charge recognised as such by the General\nAssembly exists at the time of such incorporation,\nshall without any further conveyance or transfer\nvest in the corporate body of trustees, and the\nRegistrar-General or the Registrar of Titles (as the\ncase may be) shall make the proper transfer\nthereof in his register. Provided that if any such\nproperty is subject to any mortgage charge or\nencumbrance it shall not vest in the corporate\nbody of trustees until the mortgage charge or\nencumbrance has been discharged or the corporate\nbody of trustees by memorandum in writing\nundertakes to answer any liability in respect of\nsuch mortgage charge or encumbrance. Provided\nalso that the properties known as Ormond College\ns. 6\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n6\nthe Scotch College and the Presbyterian Ladies'\nCollege shall not vest in the corporate body of\ntrustees until the General Assembly by a special\nvote in that behalf shall so direct.\n7. Other church properties may be transferred to\ncorporate trustees\nFrom and after the registration of such resolution,\nwhere any persons hold any property in trust for\nor on behalf of the church, and in case such\nproperty is held on behalf of or occupied or used\nby or for the purposes of any congregation of the\nchurch with the consent of the majority of the\nmembers and adherents of such congregation\npresent in person or by proxy at a meeting duly\nconvened for that purpose, and with the approval\nof the General Assembly the trustees or a majority\nof them may if they think fit consent to a transfer\nof the property to the corporate body of trustees\nupon the trusts to which the same is subject, and\nsuch transfer when completed and accepted by the\ncorporate body shall from and after the date\nthereof operate as a discharge of all the trustees\nfrom the duties of the trust.\n8. Moderator may consent to transfer for certain\ntrustees\nIn the circumstances mentioned in the last\npreceding section, if by reason of death absence\nfrom Victoria for six months in succession or any\nother disability the consent of any trustee to the\ntransfer as aforesaid cannot be obtained, the\nModerator may by writing under his hand consent\nto such transfer in place of any such trustee; and if\nsuch consent be published in the Government\nGazette and in some newspaper circulating in the\nplace where the property to which the consent\nrefers is situate, and if within a month from the\nlast publication of such advertisements no\ns. 7\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n7\nproceedings be taken therein by the person in\nwhose name such consent is given, such consent\nshall upon the expiration of such month be as\neffective for the purpose of this Act as a consent\ngiven by the person in whose place the consent is\ndeclared to have been given.\n9. Properties for which there are no trustees to vest in\ncorporate trustees\nIf in any case the person or all the persons in\nwhom any property is vested die or be absent from\nVictoria for six months in succession or cannot be\nfound or resign or be removed from office or\nbecome otherwise incapable of holding such\nproperty, of which incapacity the General\nAssembly shall be the sole and final judge, and if\nthose who are lawfully authorized to elect or\nappoint a successor or successors to such person\nor persons refuse or neglect to do so for the space\nof one month after being called upon by the\nModerator to make such election or appointment,\nor if there be no person lawfully authorized to\nelect or appoint such successor or successors, then\nforthwith the Moderator may by certificate in\nwriting under his hand in the form and to the\neffect in Part I of the First Schedule to this Act\ndeclare that there are no trustees of such property\nand thereupon such property shall vest in the\ncorporate body of trustees, and the certificate shall\nhave the same effect as if the trustee or trustees\nwho had died or left Victoria or could not be\nfound or had resigned or had been removed from\noffice or become otherwise incapable of holding\nsuch property had duly executed a conveyance or\ntransfer of the property in the same manner and\nfor the same estate.\ns. 9\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n8\n10. Registrar-General or Registrar of Titles to carry out\ntransfers to corporate trustees\nUpon obtaining the written consent of the majority\nof the trustees of any property held by them on\nbehalf of the church (either under their own hands\nor that of the Moderator as hereinbefore\nmentioned) to the transfer to the corporate body of\ntrustees of such property, or upon receiving the\ncertificate of the Moderator that there are no\ntrustees of any property as in the last preceding\nsection mentioned and upon receiving the\nacceptance by the corporate body of trustees of\nthe transfer to it of such property, the Registrar-\nGeneral or the Registrar of Titles (as the case may\nbe) shall make the proper transfer thereof in his\nregister, and thereupon without further\nconveyance or transfer the whole estate and\ninterest of the trustees of such property shall vest\nin such corporate body.\n11. Gifts to church before incorporation to have same\neffect afterwards\nAfter the incorporation of the corporate body of\ntrustees every donation gift and disposition of\nproperty real or personal theretofore lawfully\nmade (but not having actually taken effect) or\nthereafter lawfully made by deed will or otherwise\nto or in favour of such church generally or the\nGeneral Assembly's trustees or any person for or\non behalf of the church generally shall take effect\nas if the same had been made to or in favour of the\ncorporate body of trustees.\n12. Appointment of corporate trustees\nThe corporate body of trustees appointed for the\npurposes of this Act and their successors shall be\nappointed in such manner and shall hold their\noffice for such term and upon such conditions, and\nvacancies in such offices shall be filled in such\ns. 10\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n9\nmanner, as the General Assembly shall by any\nrule or regulation from time to time prescribe.\n13. Successor in office to become trustee in place of\npredecessor\nWhen any person who has been appointed a\ntrustee by virtue of his office whether clerical or\nlay ceases to hold such office his successor thereto\nshall, upon the certificate in writing of the\nModerator of the vacating of the office by the last\nholder thereof and of the appointment of the\nperson named therein as his successor and of his\nacceptance of the office, become a trustee under\nhis official designation in the stead of the person\nlast registered under such designation.\n14. Management of property vested in corporate body\nof trustees\nAll property becoming vested in the corporate\nbody of trustees as hereinbefore mentioned or\nwhich shall in any manner be acquired by such\ncorporate body shall, so far as the same is\nsubjected to any express trust, be held managed\nand dealt with by such corporate body in\nconformity with such expressed trust and shall so\nfar as the same is not subject to any express trust\nbe held managed and dealt with in such manner as\nthe General Assembly may from time to time\ndirect, and such property shall be subject as to the\nmanagement thereof to the rules or regulations of\nthe General Assembly in force for the time being\nwhich are applicable thereto. All property which\nat the passing of this Act is managed and\nadministered under the Act 8 William IV cap. 7\nshall for the purposes of this section be deemed to\nbe held upon an express trust.\ns. 13\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n10\n14A. Power to Trust Corporation to invest moneys\nseparately or in Common Fund\n(1) The Trusts Corporation may in its discretion\ninvest any moneys in its hands whether or not they\nare subject to any express trust either—\n(a) on the separate account of any trust; or\n(b) (if the moneys are not directed to be invested\nin some other specified manner and\ninvestment in a Common Fund is not\nspecifically prohibited by the terms of the\ntrust governing the said moneys) as part of a\n\"Common Fund\" established and kept in the\nbooks of the Trusts Corporation.\n(2) The Trusts Corporation shall have power to invest\nmoneys (whether forming part of the Common\nFund or not)—\n(a) in any manner in which trust moneys may be\ninvested by a trustee under the Trustee Act\n1958 or any other Act;\n(b) on deposit with any bank or State savings\nbank carrying on business in the\nCommonwealth of Australia;\n(c) in the purchase or acquisition or\nimprovement of freehold or leasehold land\nwithin the Commonwealth of Australia; or\n(d) subject to such terms provisions and\nconditions as are prescribed by or under any\ngeneral or special order of the Supreme\nCourt or a Judge thereof, in any manner\nauthorized by any such order.\n(3) Investments made from moneys forming part of\nthe Common Fund shall not be made on account\nof or belong to any particular trust, but the Trusts\nCorporation shall cause to be kept in the books of\nthe Trusts Corporation an account showing at all\nS. 14A\ninserted by\nNo. 7310 s. 3.\ns. 14A\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n11\ntimes the current amount at credit in the Common\nFund on account of each trust.\n(4) (a) The Trusts Corporation may in its discretion\nmake advances from the Common Fund for\nany purpose of or relating to the Church.\n(b) Any sum so advanced shall be deemed an\ninvestment of moneys forming part of the\nCommon Fund and shall bear interest at a\nrate fixed by the Trusts Corporation and the\nsum advanced and the interest thereon shall\nbe deemed to be a charge on the assets of the\nChurch.\n(5) The Trusts Corporation may sell investments\nbelonging to the Common Fund and may\nwithdraw any of the moneys belonging to the\nCommon Fund for any purpose of or relating to\nthe exercise and discharge of its powers\nauthorities duties and functions under this or any\nother Act or under any trust.\n(6) The Trusts Corporation may in its discretion at\nany time withdrawn from the Common Fund any\namount at credit in the Common Fund on the\naccount of any trust and may invest such amount\non the separate account of that trust.\n(7) Amounts so withdrawn from the Common Fund\nshall as from the date of such withdrawal cease to\nhave any claim for interest or otherwise from the\nCommon Fund.\n(8) No capital appreciation or depreciation in the\nvalue of any investments made from the Common\nFund shall be deemed or taken to increase or\ndiminish the amount at credit in the Common\nFund on the account of any particular trust, and on\nthe withdrawal from the Common Fund of any\namount invested therein the trust in question shall\nbe entitled to be credited with the actual amount\ns. 14A\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n12\nwhich was so invested without regard to any such\nappreciation or depreciation.\n14B. Allocation of income received on investments made\nfrom Common Fund\n(1) Income received from the investment of the\nmoneys forming part of the Common Fund shall\nbe part of that Fund and shall be credited to an\naccount to be called the \"Income Suspense\nAccount\" and shall be allocated therefrom as\nhereinafter provided.\n(2) On each amount at credit in the Common Fund\ninterest at the appropriate rate fixed from time to\ntime by the Trusts Corporation shall at all such\ntimes and intervals as the Trusts Corporation\ndetermines be allocated and transferred from the\nIncome Suspense Account to the credit of each\nother trust or account entitled for the time being to\nthe interest on the said amount; and the Trust\nCorporation may fix different rates of interest\naccording to the source and nature of the different\namounts invested in the Common Fund, the\nperiods for which they are so invested and such\nother factors as the Trusts Corporation considers\nrelevant.\n(3) No trust or account shall be entitled in respect of\nany amount at credit in the Common Fund to any\nfurther or other interest than the interest allocated\nand paid as provided in the last preceding sub-\nsection.\n(4) At such time or times in each year as the Trusts\nCorporation determines such amount of the\nmoneys at credit in the Income Suspense Account\nas the Trusts Corporation deems necessary shall,\nafter providing for all interest to be carried to the\ncredit of each trust and account as aforesaid, be\ncarried to the credit of an account to be called the\n\"Common Fund Reserve Account\".\nS. 14B\ninserted by\nNo. 7310 s. 3.\ns. 14B\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n13\n(5) All capital profit made upon the realization of\ninvestments from the Common Fund shall also be\ncarried to the credit of the Common Fund Reserve\nAccount and all capital losses incurred upon such\nrealization carried to the debit of that account.\n(6) Moneys standing to the credit of the Common\nFund Reserve Account may be withdrawn and\napplied for all or any of the following purposes—\n(a) payment of any costs and expenses incurred\nin protecting investments made from the\nCommon Fund;\n(b) payment of such other costs expenses and\ncharges incurred in respect of the Common\nFund or investments made therefrom as in\nthe opinion of the Trusts Corporation are\nproperly chargeable against the Common\nFund Reserve Account;\n(c) payment of any legal costs expenses and\ncharges not ordered by the court to be\ncharged against a particular trust and not\notherwise properly chargeable against a\nparticular trust;\n(d) payment of any legal costs expenses and\ncharges not ordered by the court to be\ncharged against a particular trust but\notherwise properly chargeable against a\nparticular trust where the funds in the\nparticular trust are insufficient to meet such\ncosts expenses and charges; and\n(e) payment of any costs expenses and charges\nincurred by the Trusts Corporation in\nobtaining legal advice or in legal\nproceedings to which the Trusts Corporation\nis or is made a party where such costs\nexpenses and charges are such that, by\nreason of the general importance of the\ns. 14B\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n14\nsubject-matter of the advice or proceedings,\nthey should not, in the opinion of the Trusts\nCorporation, be charged against a particular\ntrust.\n14C. Trusts Corporation shall be responsible\nThe Trusts Corporation shall be responsible for\ninvesting and keeping invested the Common\nFund.\n15. Corporate body of trustees may convey to\ncongregational trustees for purpose of mortgaging\nWhen any property is held in trust for or on behalf\nof any congregation of the church by the corporate\nbody of trustees, and in case it is desired to\nmortgage charge or otherwise encumber such\nproperty, the corporate body of trustees shall on a\nresolution being passed by the General Assembly\nto that effect convey and transfer such property to\nsuch trustees in this section called the\ncongregational trustees as shall be nominated by\nthe congregation and appointed by the presbytery\nto which such congregation belongs in accordance\nwith the rules and regulations of the church, the\ncongregational trustees shall upon such\nconveyance or transfer hold such property for the\npurpose of effecting or executing a mortgage\ncharge or other encumbrance thereon and not\notherwise, and may effect and execute such\nmortgage charge or other encumbrance\naccordingly, but upon the payment or other\ndischarge of the moneys secured thereon the\nproperty shall without any further conveyance or\ntransfer re-vest in the corporate body of trustees,\nand shall be held for all purposes as if such\nproperty had not been conveyed or transferred to\nthe congregational trustees.\nS. 14C\ninserted by\nNo. 7310 s. 3.\ns. 14C\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n15\n16. Trustees appointed hereunder to be trustees of\nproperty\nWhen after the passing of this Act any land which\nhas been granted promised or reserved by the\nCrown for any of the purposes of the church shall\nbe brought under the provisions of the Act\nNo. CCCXCI the corporate body of trustees\nappointed under the provisions of this Act may be\nthe trustees of such land.\n17. Enrolment of Model Trust Deeds\nThe Registrar-General shall enrol in the office of\nthe said Registrar-General \"The Model Trust\nDeeds of the Presbyterian Church of Victoria\"\n(hereinbefore referred to) when such deeds are\npresented or tendered to him for that purpose by\nor on behalf of the Moderator.\n18. Certain property to be held in trusts of Model Trust\nDeeds\nSubject and without prejudice to any mortgage\ncharge encumbrance lien or lease affecting the\nsame, all property except the properties known as\nOrmond College the Scotch College and the\nPresbyterian Ladies' College which is now held or\nwhich may hereafter be acquired by any person or\npersons for the use or benefit of the church\nwithout any formal declaration of trust shall be\nheld upon the trusts and subject to the provisions\nof \"The Model Trust Deeds of the Presbyterian\nChurch of Victoria\" or either of them so far as the\nsame may be applicable or any future alteration\nmodification or variation thereof duly authorized\nby the General Assembly, which alteration\nmodification or variation the General Assembly is\nhereby empowered from time to time to make.\ns. 16\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n16\nProvided that nothing in this section shall\nempower the General Assembly to make any\nalteration modification or variation which shall be\ninconsistent with the provisions of the said Act\npassed in the twenty-second year of Her present\nMajesty numbered LXXXII.\n19. Model Trust Deeds may be adopted in other cases\nWhere any property other than the properties\nknown as Ormond College the Scotch College and\nthe Presbyterian Ladies' College is held upon any\ntrust or trusts other than those contained in \"The\nModel Trust Deeds of the Presbyterian Church of\nVictoria\" or either of them, if such property is\nheld on behalf of or occupied or used by or for the\npurposes of any congregation or the minister\nthereof, it shall be lawful for such congregation by\na vote of the majority of the members and\nadherents thereof present in person or by proxy at\na meeting duly convened for that purpose and\nwith the approval of the General Assembly and of\nthe trustees or a majority of them and of the\nperson lawfully appointed as the ordained minister\nof such congregation, and if such property is held\nfor or on behalf of the church generally and is not\nheld on behalf of or occupied or used by or for the\npurposes of any congregation or the minister\nthereof it shall be lawful for the General\nAssembly to resolve that such property shall from\nand after the passing of such resolution be held\nupon the trusts of the said Model Trust Deeds or\none of them and thereupon the trusts upon which\nsuch property was held previously to the passing\nof such resolution shall absolutely cease and\ndetermine, and such property shall thenceforth,\nbut subject and without prejudice to any mortgage\ncharge encumbrance lien or lease affecting the\nsame, be held by the trustee or trustees thereof\nupon the trusts of the said Model Trust Deeds or\ns. 19\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n17\none of them or any future alteration modification\nor variation thereof duly authorized by the\nGeneral Assembly.\n20. Conveyances transfers etc. by majority of trustees\nsufficient\nWhen any sale mortgage exchange or lease of any\nchurch land (whether held upon the trusts of \"The\nModel Trust Deeds of the Presbyterian Church of\nVictoria\" or either of them or otherwise) is made\nin pursuance of and in conformity with such trusts\nor the trusts upon which the same is held—\n(1) the transfer conveyance mortgage exchange\nor lease shall be made with the consent in\nwriting of the Moderator and shall have no\nforce or effect without such consent:\nProvided that this sub-section shall not apply\nto any mortgage or lease of any church land\nwhich the trustees thereof by virtue of the\nAct or deed under which the same is held\nhave at the time of the passing of this Act\npower to mortgage or lease without the\nconsent of the General Assembly, but such\ntrustees shall nevertheless give notice in\nwriting to the Moderator of any such\nmortgage or lease prior to the execution\nthereof;\n(2) the transfer mortgage exchange or lease of\nsuch land if under the operation of the\nTransfer of Land Act 1890 shall be as\neffectual, if signed by a majority of the\ntrustees for the time being of such land\nnamed in the \"Register of Trustees\"\n(hereinafter mentioned) as if such transfer\nmortgage exchange or lease had been duly\nsigned by all the trustees so named; and\ns. 20\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n18\n(3) in case such land shall not be under the\noperation of the said Act, the conveyance\nmortgage exchange or lease thereof, if\nexecuted by a majority of the trustees for the\ntime being thereof named in such \"Register\nof Trustees,\" shall be deemed to pass the\nlegal estate therein as fully and effectually as\nif all the trustees in whom the legal estate\nwas vested had joined in executed or made\nsuch conveyance mortgage exchange or\nlease.\nProvided that any trustee absent from\nVictoria may join in any contract for sale\nmortgage exchange or lease and may execute\nany such conveyance transfer mortgage\nexchange or lease as aforesaid by his\nattorney duly appointed by him in that\nbehalf.\n21. \"Register of Trustees\"\n(1) The Moderator shall keep or cause to be kept a\n\"Register of Trustees\" of all property other than\nproperty vested in the corporate body of trustees\nhereinbefore mentioned;\n(2) such register shall be called and inscribed as\n\"The Presbyterian Register of Trustees,\" and shall\nbe in the form and to the effect in the Second\nSchedule hereto;\n(3) the Moderator shall with all reasonable despatch\nenter or cause to be entered in such \"Register of\nTrustees\" the names and additions of the present\ntrustees of such property with all other particulars\nindicated in the Second Schedule hereto;\n(4) the Moderator shall from time to time, upon the\ndue appointment of any new trustee or trustees of\nany church property, insert or cause to be inserted\nin such \"Register of Trustees\" the name and\ns. 21\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n19\naddition of such new trustee or trustees, together\nwith the date of the insertion of his or their name\nor names in such \"Register of Trustees,\" and how\nthe vacancy in the trust occurred whether by death\nor otherwise;\n(5) the Moderator shall sign his name in such\n\"Register of Trustees\" in the proper column in the\nsame line with the name of every trustee, whether\nhe be an old or a new trustee, to authenticate the\ndue appointment of such trustee;\n(6) the Moderator may at any time or times issue a\ncertificate, in the form or to the effect in Part II of\nthe First Schedule hereto, under his hand stating\nwho is or are the trustee or trustees of any\nparticular property specified therein at the date of\nsuch certificate, and who was or were such trustee\nor trustees at any particular date specified in such\ncertificate; and\n(7) such \"Register of Trustees\" shall on all reasonable\noccasions be open to the inspection of the\nmembers of the said church and all others\ninterested therein.\n22. Amendment of register\nThe Moderator may at any time amend the\n\"Register of Trustees\" by rectifying any error or\nsupplying any omission therein, and shall attest\nsuch amendment by writing his initials in the\nmargin together with the date of his so writing,\nbut shall not erase or render illegible the part so\namended, and the register so amended shall have\nall the validity and operation by this Act conferred\nupon the \"Register of Trustees.\"\ns. 22\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n20\n23. Legal estate to pass to new trustees without\nconveyance\nUpon the insertion and authentication as aforesaid\nin the \"Register of Trustees\" of the name or names\nof any new trustee or trustees of any property not\nunder the operation of the Transfer of Land Act\n1890, such property shall forthwith vest in such\nnew trustee or trustees solely or jointly (as the\ncase may be) with the continuing trustee or\ntrustees (if any) for all the estate or interest of the\nformer trustee or trustees therein, and upon and\nsubject to the same trusts without any conveyance\nor assignment whatsoever and upon the insertion\nand authentication as aforesaid in the said\n\"Register of Trustees\" of the name or names of\nany new trustee or trustees of property under the\noperation of the said Act such new trustee or\ntrustees for the time being thereof and the trustee\nor trustees for the time being appearing by the\n\"Register of Trustees\" to be the trustee or trustees\nof any property under the Transfer of Land Act\n1958 shall be entitled to be registered at the Office\nof Titles as the proprietor or proprietors thereof\nwithin the meaning of the said Act without any\nformal transfer, and to have any necessary\nrecordings made in the Register, but subject to any\nthen subsisting encumbrance appearing in the\nRegister affecting the same.\n24. Proof of entries in register and certificates\nThe entries in the \"Register of Trustees\"\nauthorized by section twenty-one of this Act to be\nmade therein when authenticated by the signature\nof the Moderator, and any certificate duly signed\nby the Moderator under the provisions hereof shall\nrespectively be received in evidence in all legal\nproceedings and in all proceedings before the\nCommissioner of Titles or Registrar of Titles and\non all occasions whatsoever as prima facie\nS. 23\namended by\nNo. 18/1989\ns. 13(Sch. 2\nitem 67) (as\namended by\nNo. 11/2002\ns. 3(Sch. 1\nitem 60).\ns. 23\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n21\nevidence of all matters containing or recited in\nsuch entries when the \"Register of Trustees\" is\nproduced and of all matters contained or recited in\nsuch certificate whenever such certificate is\nproduced.\n25. Rules\n(1) The General Assembly may, in accordance with\nthe rules practice and usages for the time being\nrecognised by the church, from time to time make\nrules—\n(a) for the appointment and removal of members\nof the corporate body of trustees and filling\nup vacancies occurring in the trusteeship;\n(b) for the custody of the seal of the corporate\nbody of trustees, and the affixing the same to\nany document, and for verifying the affixing\nthereof; and\n(c) for the appointment and removal of the\ntrustees and filling up of vacancies occurring\nin the trusteeship of any property not vested\nin the corporate body of trustees and not held\nunder any Act of Parliament or deed\ncontaining any specific provision for the\nappointment and removal of trustees; and\n(d) for carrying into effect the provisions of this\nAct—\nand may from time to time alter or vary the same.\n(2) A copy of every such rule and of any alteration or\nvariation thereof certified by the Moderator shall\nbe deposited with the Registrar-General, and\nadvertised in the Government Gazette.\ns. 25\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n22\n(3) A duly certified copy of any such rule alteration or\nvariation so deposited and advertised shall be\nprima facie evidence of the same having been\nduly made.\n__________________\ns. 25\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n23\nSCHEDULES\nFIRST SCHEDULE\nCERTIFICATES AS TO TRUSTEES OF CHURCH PROPERTY\nPART I\nI hereby certify that there are no trustees of [here specify particular church\nproperty].\nDated this day of 189\nModerator.\nPART II\nI hereby certify that [here insert names and addresses of the trustees for the\ntime being or for the time specified (as the case may be) as shown by the\nRegister of Trustees] are (or were on the day of 18 )\nthe trustees of [here specify the particular church property].\nDated this day of 189\nModerator.\n_______________\nSections 9, 21.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n24\nSECOND SCHEDULE\n\"THE PRESBYTERIAN REGISTER OF TRUSTEES\"\nFolio 1 [words of description such as \"Scots' Church, Collins-street,\nMelbourne\"] \"comprised in conveyance registered the day\nof 189 No. of Memorial [insert]\nBook \" [insert]. If under the \"Transfer of Land Act 1890\"\n[insert] \"comprised in Certificate of Title entered in Register Book,\nVol. [insert]. Fol. [insert] .\" [If Crown reservation or other title,\nconcisely specify.]\nNUMBER OF TRUSTEES [state number]\nName of\nTrustee\nAddition of\nTrustee\nDate of\nAppointment\nof new\nTrustee\nDate of\nInsertion of\nname of new\nTrustee\nherein\nHow\nVacancy\noccurred in\nTrust, such\nas death or\nthe like\nDate of\nceasing\nto be a\nTrustee\nand\ncause\nSignature\nof\nModerator\nA.B. Bourke-st.\nwest,\nMelbourne,\nmerchant.\nC.D. Similar.\nE.F. ,,\nG.H. ,,\nI.J. ,,\nK.L. ,,\nM.N. ,,\nO.P. ,, 2 Dec., 1890. 1 Jan., 1891. By death\nof A.B., a\nformer\nTrustee.\n═══════════════\nSection 21.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n25\nENDNOTES\n1. General Information\nThe Presbyterian Trusts Act 1890 was assented to on 6 October 1890 and\ncame into operation on 6 October 1890.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n26\n2. Table of Amendments\nThis Version incorporates amendments made to the Presbyterian Trusts Act\n1890 by Acts and subordinate instruments2.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nPresbyterian Trusts (Common Fund) Act 1965, No. 7310/1965\nAssent Date: 23.11.65\nCommencement Date: 23.11.65\nCurrent State: All of Act in operation\nPresbyterian Trusts Act 1979, No. 9344/1979\nAssent Date: 20.12.79\nCommencement Date: 22.6.77: s. 1(3)\nCurrent State: All of Act in operation\nTransfer of Land (Computer Register) Act 1989, No. 18/1989 (as amended by\nNo. 11/2002)\nAssent Date: 16.5.89\nCommencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488\nCurrent State: All of Act in operation\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 1175/1890\nPresbyterian Trusts Act 1890\n27\n3. Explanatory Details(2)\n1 S. 2 def. of \"Church\": Section 3(2) of the Presbyterian Trusts Act 1979,\nNo. 9344/1979 reads as follows:\n(2) As on and from 22 June 1977 the Principal Act\nshall be read and construed and have effect,\nsubject to the Uniting Church in Australia Act\n1977 and the Presbyterian Church of Australia\nAct 1971, as if any reference to church or to the\nPresbyterian Church of Victoria however\ndescribed in the model trust deeds of the\nPresbyterian Church of Victoria or in any other\ninstrument or document made before 22 June\n1977 were a reference to the Presbyterian Church\nof Victoria continuing to function under that name\nor style in accordance with clause 18 of the\nSchedule to the Presbyterian Church of\nAustralia Act 1971.\n2 Table of Amendments: The amendments proposed by section 5(1) of the\nPresbyterian Church of Australia Act 1971, No. 8102/1971 were never\nproclaimed. Section 5 was subsequently repealed by section 2 of the Statute\nLaw Revision (Repeals) Act 1982, No. 9863/1982.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act's scope has been extended by later amendments that (a) authorised and detailed a Common Fund and the Trusts Corporation's investment powers and internal accounting (ss 14A–14C, inserted 1965), (b) revised the statutory definition and operation of the Church in light of later church Acts (1979 amendment to the definition of \"Church\"), and (c) adapted registration and title processes to modern land-title procedures (amendments reflecting the Transfer of Land Act and computer registers). These changes expand the Trusts Corporation's financial powers and modernise trustee/title administration."},"complexity_factors":["Multiple automatic vesting and transfer mechanisms (immediate vesting on incorporation, moderator certificates when trustees absent, transfers with trustee consent).","Detailed trustee appointment, succession and register requirements (Moderator-run Register of Trustees; authenticated entries operate as prima facie evidence).","Discretion concentrated in the General Assembly and the Moderator (rules for appointment/removal, approval of transfers, consent for sales/mortgages).","Common Fund framework (investment choices, internal accounting, Income Suspense and Reserve Accounts, advance/withdrawal rules) added by later amendments (ss 14A–14C).","Interplay with land-title law (operation under Transfer of Land Act; Registrar-General/Registrar of Titles required to record transfers).","Special provisions for temporary transfer of title to congregational trustees for mortgaging and automatic re-vesting on discharge.","Exclusions and special-case handling (specified colleges excluded from automatic vesting; trusts with mortgages need discharge or written undertaking).","Record-keeping, reporting and publication requirements (Gazette notices, newspaper publication for moderator consents, enrolment of Model Trust Deeds)."],"plain_english_summary":"This Act creates a corporate trustee — the Presbyterian Church of Victoria Trusts Corporation — and sets out how church land and other property may vest in, be transferred to, and be managed by that corporate body. It gives the General Assembly and the Moderator powers to register trustees, transfer property (including automatic vesting where trustees are absent), and to authorise investment (including a Common Fund). It affects congregations, individual trustees, the Trusts Corporation and land registries by reallocating who decides, who controls assets, and what administrative steps are required."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1890 Act was primarily about creating a corporate trustee body and transferring property to it. However, the 1965 amendments (Sections 14A-14C) introduced a sophisticated investment pooling mechanism (the 'Common Fund') that was not part of the original legislative intent. This transformed the Act from a simple property holding mechanism into a financial management framework with complex accounting rules for income allocation, reserve accounts, and investment powers. The 1979 amendment further adapted the Act to account for the formation of the Uniting Church in Australia, changing the definition of 'Church' to clarify that the Presbyterian Church of Victoria continued as a separate entity."},"complexity_factors":["Multiple amendment layers: Original 1890 Act significantly modified by Presbyterian Trusts (Common Fund) Act 1965 (No. 7310) and Presbyterian Trusts Act 1979 (No. 9344), creating a patchwork of Victorian-era and modern provisions","Nested conditional logic: Section 6 contains multiple 'Provided that' exceptions, including the special treatment for three named educational institutions","Cross-referencing to external documents: References to 'Model Trust Deeds' deposited with Registrar-General in 1879, Act No. LXXXII (22 Vic), Act No. CCCXXI, and the Transfer of Land Act 1890/1958","Dual property systems: Different rules for land under the Transfer of Land Act versus old system land (Sections 20, 23)","Defined terms section with 6 specific definitions including recursive definitions ('Common Fund' defined by reference to section 14A)","Procedural requirements with time limits: One-month advertising periods (Section 5), six-month absence triggers (Sections 8-9), specific certificate formats in Schedules","Complex investment mechanics in Sections 14A-14B involving allocation of income, reserve accounts, and segregation of capital gains/losses"],"plain_english_summary":"**What this law does:**\n\nThis Victorian law from 1890 creates a special legal entity—a corporate body of trustees—to hold and manage property belonging to the Presbyterian Church of Victoria. Before this Act, church property was often held by individual trustees, which created problems when trustees died, moved away, or couldn't be found. This law solves that by creating a permanent \"Presbyterian Church of Victoria Trusts Corporation\" that never dies and can hold property indefinitely.\n\n**Key things the law allows:**\n\n- **Automatic transfer of property**: When the corporate body is created, most church property automatically transfers to it without needing complicated paperwork (Section 6).\n- **Pooling investments**: The Trusts Corporation can combine money from different church trusts into a \"Common Fund\" for investment purposes, making it easier to manage church finances efficiently (Sections 14A-14C).\n- **Simplified transfers**: The law makes it easier to transfer property between trustees and register changes without expensive legal processes.\n- **Protection for specific colleges**: Ormond College, Scotch College, and Presbyterian Ladies' College are specifically protected—they don't automatically transfer to the corporate trustees unless the General Assembly specifically votes for it (Section 6).\n\n**Who it affects:**\n\n- The Presbyterian Church of Victoria and its congregations\n- Anyone holding property in trust for the church\n- People making donations or gifts to the church\n\n**Why it matters:**\n\nThis law ensures church property is managed properly even when individual trustees change. It prevents property from getting stuck in legal limbo when trustees die or disappear. The 1965 amendments (Sections 14A-C) modernized the investment powers, allowing the church to pool resources for better financial returns while keeping track of which money belongs to which congregation or purpose."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to remain focused on its original purpose of establishing trust arrangements for Presbyterian Church property in Victoria. No significant scope changes are evident from the metadata provided, though the practical scope may have narrowed over time as more modern corporate and trust law frameworks have developed."},"complexity_factors":["Archaic 19th-century legislative drafting style, which can be difficult to interpret","Intersection of trust law (a complex area of property law) with religious organisation governance","Limited version history metadata provided, making it difficult to assess amendments and current operative provisions","Potential overlap or interaction with modern Victorian legislation governing incorporated associations and religious bodies","The age of the Act means some provisions may have become redundant or have uncertain application under current law"],"plain_english_summary":"The Presbyterian Trusts Act 1890 is a Victorian law that gives the Presbyterian Church a legal trust framework to own, manage and deal with church land, buildings and other assets collectively rather than in individual names. It affects church members, trustees, donors and anyone transacting with church property, and matters because it provides stable, ongoing ownership (though it’s an old statute that may be supplemented today)."}},"importantCases":[],"_links":{"self":"/api/acts/presbyterian-trusts-act-1890","history":"/api/acts/presbyterian-trusts-act-1890/history","analysis":"/api/acts/presbyterian-trusts-act-1890/analysis","conflicts":"/api/acts/presbyterian-trusts-act-1890/conflicts","importantCases":"/api/acts/presbyterian-trusts-act-1890/important-cases","documents":"/api/acts/presbyterian-trusts-act-1890/documents"}}