{"id":"religious-and-successory-trusts-act-1958","name":"Religious and Successory Trusts Act 1958","slug":"religious-and-successory-trusts-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174224,"registerId":"vic-religious-and-successory-trusts-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Religious and Successory Trusts Act 1958","content":"Version No. 041\n\n**Religious and Successory Trusts Act 1958**\n\n**No. 6357 of 1958**\n\nVersion incorporating amendments as at  \n1 March 2019\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 1\n\n2 Repeal 1\n\nPart I—Religious trusts 3\n\n3 No moneys to be paid by State for church parsonage or minister unless trustees appointed 3\n\nPart II—Successory trusts 4\n\n4 Definitions 4\n\n5 What trusts may be registered under this Part 5\n\n6 Authority and consent required for the registration of a trust 5\n\n7 Proof required of authority or consent for registration of a trust 5\n\n8 Power to registrar to dispense with authority of trustees absent or not to be found etc. 6\n\n9 Application to register a trust how made 7\n\n10 Application how dealt with 7\n\n11 Register of successory trusts 7\n\n12 Trusts how registered 8\n\n13 Documents declaring trusts how dealt with 8\n\n14 Alteration in trusts already registered 9\n\n15 Documents declaring trusts to be retained by the registrar or delivered up to persons entitled on deposit of copies 9\n\n16 Indorsement of documents of title 10\n\n17 Provision for causing notice that lands are subject to the operation of this Part to appear upon the memorial of registration under the general law for the registration of written documents 11\n\n18 Registration of new name of denomination or institution or body of persons 12\n\n19 Substitution of model trust deed or new statement of trusts 13\n\n20 Registration of death of trustee the date of whose death is known 14\n\n21 Registration of death of trustee the date of whose death is unknown 15\n\n22 Registration of retirement of trustee 15\n\n23 Registration of new trustee 16\n\n24 Power to make transfers to and recordings in the Register in relation to the trustees of registered trusts as such 16\n\n25 Vesting of trust property in the registered trustees for the time being 17\n\n26 Trustees of registered trusts to cause property to be dealt with so as to vest in their successors 18\n\n27 How legal proceedings may be had with respect to property held on a registered trust 18\n\n28 Entries in the register conclusive and proved by certified copies 18\n\n29 Registered trusts how proved 19\n\n30 Lands mortgaged to trustees of registered trusts may be re-vested by the receipt of the trustees 19\n\n31 Power for succeeding trustee with his creditors' consent to undertake any liability in discharge of his predecessor 20\n\n32 Power to persons in whom chose in action becomes vested to sue in their own names 21\n\n33 Application for registration as head or representative of a religious denomination 21\n\n34 Application how dealt with 21\n\n35 Registration of head or representative of denomination when there has been no previous registration 22\n\n36 Succeeding head or representative of denomination how registered 23\n\n37 Head or representative of denomination succeeding in part only how registered 23\n\n38 Registration of head or representative of denomination may be cancelled at his request 24\n\n39 Power to registered head or representative to nominate trustees and for the registration of the same in certain cases of registered trusts 24\n\n40 Power to registered head or representative to nominate trustee and to apply for the registration of the trust in certain cases 25\n\n41 Provisions of this Part to extend to and govern the trusts so registered 26\n\n42 Vesting orders may in certain cases be made by the Registrar concurrently with the Supreme Court 27\n\n43 Notice of application to be advertised and served 27\n\n44 Person objecting to application can lodge caveat 28\n\n45 Supreme Court may require the production of title deeds in support of an application under section 40 or section 42 28\n\n46 How vesting order carried out by registrar when property not under Transfer of Land Act 1958 29\n\n47 How vesting order carried out by registrar when property under the Transfer of Land Act 1958 30\n\n48 Vesting order not to operate until registered 30\n\n49 Applicant may withdraw his application 31\n\n50 Inspection of documents retained by the registrar 31\n\n51 Fees 31\n\n52 Denominational Register and certified copies thereof made evidence 31\n\n53 Documents purporting to be certified copies to be deemed such 32\n\n54 Power to registrar to require explanation and production of documents 32\n\n55 Power to state case for the Supreme Court 33\n\n56 Appeal against the decision of the registrar 33\n\n57 Power to the registrar to correct errors 34\n\n58 Certain fraudulent acts made misdemeanours 34\n\n59 Forgery 35\n\n60 Preceding sections not to affect civil remedies 35\n\nPart III—Transitional 37\n\n61 Change of name of Act 37\n\nSchedules 38\n\nFirst Schedule 38\n\nSecond Schedule 39\n\nThird Schedule—The St. Paul's Melbourne Church of England Church Trust 40\n\nFourth Schedule—Memorandum of change of name of denomination or trust 41\n\nFifth Schedule 42\n\nSixth Schedule 43\n\nSeventh Schedule—Scale of fees 44\n\nEighth Schedule—Summons 46\n\nEndnotes 47\n\n1 General information 47\n\n2 Table of Amendments 49\n\n3 Amendments Not in Operation 51\n\n4 Explanatory details 52\n\n**Version No.** **041**\n\n**Religious and Successory Trusts Act 1958**\n\n**No. 6357 of 1958**\n\nVersion incorporating amendments as at  \n1 March 2019\n\nAn Act to consolidate the Law relating to Religious Successory and Charitable Trusts.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nS. 1  \namended by Nos 57/1989 s. 3(Sch. item 171.1), 73/2006 s. 5.\n\n\t1 Short title and commencement\n\nThis Act may be cited as the **Religious and Successory Trusts Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n\t2 Repeal\n\n(1) The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.\n\n(2) Except as in this Act expressly or by necessary implication provided—\n\n(a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;\n\n(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any order appointment registration application authority consent security determination appeal petition liability or right made issued passed given accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.\n\nPart I—Religious trusts\n\nNo. 3765 s. 3.\n\n\t3 No moneys to be paid by State for church parsonage or minister unless trustees appointed\n\n(1) No part of any moneys reserved or appropriated by any law now or hereafter in force, for purposes of religion shall be issued towards the erection of any building for public worship or minister's dwelling or towards the stipend of any minister of religion to officiate in any such building, unless the real estate in the site of such building or minister's dwelling-house and of any land and hereditaments thereunto belonging has been already duly conveyed to some person or persons in trust for the purposes or promotion of public worship; or until trustees not less than three nor more than five in number have been appointed by the Governor in Council and such real estate as aforesaid has been conveyed to the said trustees upon trust for the erection maintenance and repair of such building for public worship and minister's dwelling and for the provision and promotion of public worship in such building.\n\n(2) As soon as conveniently may be after the completion of any building for public worship under the provisions of this Part, pews sittings or benches in any such building amounting to not less than one-sixth part of the whole of the sittings in every such building for public worship shall be appropriated and set apart for the use of persons resorting thereto, upon which pews sittings or benches so to be appropriated no rent whatever shall at any time be charged or imposed.\n\nPart II—Successory trusts\n\nNo. 3765 s. 4.\n\n\t4 Definitions\n\nIn this Part unless inconsistent with the context or subject-matter—\n\nS. 4 def. of *document of title* amended by No. 18/1989  \ns. 13(Sch. 2 item 71(a)).\n\n***document of title*** includes any conveyance lease mortgage folio of the Register or nominal stock certificate and any bond promissory note bill of exchange policy of assurance debenture certificate warrant or other document evidencing title to any property where any assignment transfer or indorsement or the signature of the owner to or upon any matter or thing is necessary to pass such property, but does not include any document of title the delivery whereof merely passes the property comprised therein;\n\n***property*** means property real or personal including choses in action;\n\n***registered head or representative of a religious denomination in Victoria or any part thereof*** means the person for the time being registered as such head or representative under the provisions of this Part;\n\n***Registrar*** means Registrar or Assistant Registrar of Titles.\n\nAnd when anything is required in this Part to be done under the hand of any person if such person is a corporation aggregate such thing may be done under the common seal of such corporation.\n\nNo. 3765 s. 5.\n\n\t5 What trusts may be registered under this Part\n\nTrusts for all or any of the following purposes may be registered under this Part in manner herein mentioned, namely, all trusts for public religious educational or charitable purposes, and all trusts which the Attorney-General may certify are proper to be registered under this Part.\n\nNo. 3765 s. 6.\n\n\t6 Authority and consent required for the registration of a trust\n\nExcept as hereinafter mentioned every application to register any trust under this Part must be made by the same authority as is necessary for the appointment of a new trustee of such trust and the vesting of the trust property and every part thereof in such new trustee whether solely or together with any surviving or continuing trustees, and, in case of any trust for purposes connected with any religious denomination, with the consent of the registered head or representative of such denomination for the time being in Victoria or in the part of Victoria to which such trust relates, and in all other cases with the consent of the Attorney-General.\n\nNo. 3765 s. 7.\n\n\t7 Proof required of authority or consent for registration of a trust\n\nThe authority or consent of any person to register any trust under this Part shall be evidenced by writing under the hand of such person and attested by a witness. Any other authority or consent shall be evidenced to the satisfaction of the registrar by statutory declaration or otherwise.\n\nNo. 3765 s. 8.\n\n\t8 Power to registrar to dispense with authority of trustees absent or not to be found etc.\n\nWhen any trustee or the heir at law executor or administrator of any trustee whose authority would be necessary for the registration of any trust under this Part cannot be found, or has been absent from Victoria for six consecutive months, or refuses or neglects for twenty-eight days after demand to give that authority, the registrar may if he thinks fit order by writing under his hand that the authority of such person be dispensed with; and every such order shall be published in the Government Gazette and thereupon such trust may be registered under this Part notwithstanding that the authority of such person has not been obtained: Provided that the registrar shall not dispense with the authority of any person who can be found and is in Victoria except after notice to such person of the application to dispense with his authority and giving him an opportunity to be heard in opposition to the same: Provided also that, if it appears to the registrar that any person with whose consent he is asked to dispense has or is likely to have any claim to any payment or indemnity of which he could lawfully demand satisfaction before parting with the trust property to a duly appointed successor, the registrar may require as a condition to dispensing with the consent of such person that security be given in such form and in such amount as the registrar may deem sufficient for the satisfaction of such claim. The demand first hereinbefore mentioned shall be in writing, and in case of trusts for purposes connected with any religious denomination shall be made by or on behalf of the registered head or representative of the denomination, and in all other cases by the other trustees or trustee or by the Attorney-General.\n\nNo. 3765 s. 9.\n\n\t9 Application to register a trust how made\n\nEvery application to register any trust under this Part shall be in writing addressed to the registrar in the form in the Second Schedule signed by some one at least of the persons whose authority or consent is necessary for such registration and shall be supported by evidence showing—\n\n(a) what are the trusts;\n\n(b) what are the names and descriptions of the trustees;\n\n(c) how the trustees may be changed;\n\n(d) of what the trust property consists;\n\n(e) that the application is made by the authority and with the consent hereinbefore required;\n\n(f) that every document matter and thing relating to or affecting any of the matters aforesaid is mentioned in the application.\n\nNo. 3765 s. 10.\n\n\t10 Application how dealt with\n\nIf the registrar is satisfied that the trust is one which may be registered under this Part and that the evidence by which the application is supported is sufficient, he shall register such trust.\n\nNo. 3765 s. 11.\n\n\t11 Register of successory trusts\n\nThe registrar shall keep or cause to be kept a book to be called the Register of Successory Trusts the folios of which shall be numbered consecutively and each of which shall be in the form in the Third Schedule.\n\nNo. 3765 s. 12.\n\n\t12 Trusts how registered\n\nWhenever the registrar registers any trust he shall enter or cause to be entered at the top of a folium in the Register of Successory Trusts a short description of the trust such as he may deem sufficient for the purpose of distinguishing it from other registered trusts, and, in case the trust is for religious purposes connected with any particular religious denomination, of denoting with what denomination it is connected, and he shall enter or cause to be entered in the proper line and column the number of the trustees the name and description of every trustee and the date of making the entry and shall sign his name in the proper column in the same line with the name of every trustee to authenticate the entry, and thereupon such trust shall be deemed to be registered under this Part.\n\nNo. 3765 s. 13.\n\n\t13 Documents declaring trusts how dealt with\n\nUpon registering any trust under this Part the registrar shall write or cause to be written upon every document showing the nature of such trust or the manner of changing the trustees a memorandum setting forth the description by which and the folium of the Register of Successory Trusts on which such trust is registered, so as to connect such document with such register together with the date of signing such memorandum, and shall sign such memorandum.\n\nNo. 3765 s. 14.\n\n\t14 Alteration in trusts already registered\n\nIf after the registration of any trust under this Part any instrument matter or thing is made or done which in any manner alters or affects such trust or the manner of changing the trustees, any person concerned, or the Attorney-General in case of trusts connected with any religious denomination with the consent of the registered head or representative of the denomination, may produce to the registrar such instrument or any document evidencing such matter or thing, and may prove to his satisfaction that such instrument matter or thing has been duly made or done, and thereupon if the registrar is of opinion that the instrument or document produced is proper and convenient for the purpose he shall register the same, whereupon the registrar shall write or cause to be written upon such instrument or document a memorandum as in the last preceding section mentioned and shall sign the same. In any case in which he thinks fit the registrar may before registering any such instrument or document cause notice to be given to any person of the application to register the same so that such person may have an opportunity of being heard in opposition to such application.\n\nNo. 3765. s. 15.\n\nS. 15 amended by No. 6/2018 s. 68(Sch. 2 item 107.1).\n\n\t15 Documents declaring trusts to be retained by the registrar or delivered up to persons entitled on deposit of copies\n\nThe registrar shall retain in his custody all documents or instruments upon which he has made memoranda as in the last two preceding sections mentioned: Provided always that any person entitled to the custody of any such instrument or document may deposit with such registrar a copy thereof fairly engrossed upon parchment or durable paper and such registrar shall certify that document in accordance with Part 5 of the **Oaths and Affirmations Act 2018** and write the name of the person to whom and the date at which the original is delivered up and thereupon such registrar may deliver up to such person the original of such document.\n\nNo. 3765 s. 16.\n\n\t16 Indorsement of documents of title\n\nWhen any trust is registered under this Part the registered trustees or one or more of them may produce to the registrar any document of title to such registered trustees or their predecessors in office, and may prove to the satisfaction of the registrar that the property to which such document relates or some part thereof is held upon such trust, and thereupon the registrar shall make or cause to be made on such document of title a memorandum that the premises comprised therein or such part thereof are held by the trustees for the time being of such trust, describing such trust so as to identify it with the proper trust in the Register of Successory Trusts and giving the number of the folium of such register on which such trust is registered, and the date of signing such memorandum, and shall sign such memorandum; and upon the signature of such memorandum by the registrar all the estate right title and interest of any predecessors in office of such registered trustees in any property comprised in such document of title or in any part thereof, referred to in such memorandum as held on such trust, shall vest in such registered trustees, and the registered trustees or trustee for the time being shall be empowered to do and suffer all acts matters and things in respect of such document of title or such property as if their names were written in such document of title in place of the names of any of their predecessors in office named therein.\n\nNo. 3765 s. 17.\n\n\t17 Provision for causing notice that lands are subject to the operation of this Part to appear upon the memorial of registration under the general law for the registration of written documents\n\nWhen upon any document of title relating to or in any manner affecting any lands tenements or hereditaments situate lying or being in Victoria, which has been registered under any law for the time being in force relating to the registration of written instruments, an indorsement is made by the registrar under the provisions of this Part or an acknowledgment is signed by the registered trustees or trustee thereof that the same is held upon any registered trust, a like memorandum or a copy or memorandum of such acknowledgment, as the case may be, shall be made upon the memorial of the registration thereof; and in registering any such document of title, in which the grantees are the registered trustees of any registered trust under any such law, the memorial of the registration of such document shall describe the grantees as such trustees of such trust, describing the trust so as to identify it with the proper trust in the Register of Successory Trusts; and if in any case before the provisions of this section are complied with any deed conveyance or other instrument in writing which, but for the operation of this Part, would operate to pass any estate or interest at law or in equity, is duly registered in conformity with any such law as aforesaid, such deed conveyance or other instrument in writing shall have the same effect as if this Part had not been passed.\n\nNo. 3765 s. 18.\n\n\t18 Registration of new name of denomination or institution or body of persons\n\n(1) Upon an application in writing and proof to the satisfaction of the registrar of the change of name of any religious denomination or public or educational or charitable institution or body of persons in connexion with which any trust has been registered under this Part, the registrar shall, as often as occasion may require, enter or cause to be entered a memorandum of the new name in the form in the Fourth Schedule or to the like effect. Such memorandum shall be entered in a folium of the Denominational Register hereinafter mentioned in the case of any trust for purposes connected with any religious denomination, and shall be entered in the Register of Successory Trusts in all other cases, and the registrar shall sign such memorandum.\n\n(2) Upon the signing of such memorandum by the registrar—\n\n(a) all the entries in the Register of Successory Trusts relating to any trusts registered in connexion with such denomination or institution or body of persons shall for all purposes be read and construed as if such new name had been used in such registration instead of the original name; and\n\n(b) all documents of title including any model deed or declaration of trust relating to any property held upon any trust which has already been or may hereafter be brought under the operation of this Part shall for all purposes whensoever such registration is made be read and construed as if such new name had been used in such documents of title instead of the original name.\n\nNo. 3765 s. 19.\n\n\t19 Substitution of model trust deed or new statement of trusts\n\n(1) Upon an application in writing addressed to the registrar by one or more of the persons whose authority or consent is necessary for the registration of a trust under this Part and with the authority and consent required by section six of this Act for the registration of a trust together with—\n\n(a) in the case of a religious denomination proof that there has been deposited or enrolled in the office of the Registrar-General under the provisions of section fifteen of the **Property Law Act 1958** or of any statutory modification thereof a statement of trusts certified under the hand of the registered head or representative of the denomination concerned as being the model deed of trust or substituted model deed of trust adopted for the purposes of this Part by the principal governing or representative body of such denomination; and\n\n(b) in all other cases proof that there has been so deposited or enrolled a statement of trusts or substituted statement of trusts approved in writing for the purposes of this Part under the hand of the Attorney-General—\n\nthe registrar shall enter or cause to be entered in the folium of the Register of Successory Trusts in which the trust concerned is registered a memorandum that the trusts upon which the property of such trust is thenceforth to be held are those set forth in such deposited or enrolled deed or statement of trusts (referring thereto by the registered number of such deed or statement).\n\n(2) Upon the signing of such memorandum by the registrar all property of such trust shall thenceforth be discharged as from that date from all former trusts and be held upon the trusts of the deed or statement so deposited or enrolled but subject to and without prejudice to any mortgage charge lien lease easement or other encumbrance then affecting such property or any portion thereof.\n\n(3) Nothing contained in or done pursuant to this section shall be construed or operate as allowing the property concerned to be held for the benefit of any religious denomination or public educational or charitable institution or body of persons other than that in connexion with which the deed or statement of trusts so superseded was registered.\n\n(4) The provisions of section eight of this Act shall be deemed to extend to and include matters under this section, and the powers thereby conferred on the registrar may subject as therein mentioned be exercised by him in dealing with matters under this section.\n\nNo. 3765 s. 20.\n\n\t20 Registration of death of trustee the date of whose death is known\n\nWhenever it is proved to the satisfaction of the registrar that any registered trustee of any registered trust is dead, and the date of his death is also proved, the registrar shall register such death and the date thereof, and shall write or cause to be written in the folium of the Register of Successory Trusts relating to such trust, on the same line with the name of the trustee, in the column headed \"cause of cessation from office of trustee,\" the word \"deceased,\" and in the column headed \"date of cessation from office of trustee,\" the date of such death, and in the proper column shall sign his name to authenticate such entry.\n\nNo. 3765 s. 21.\n\n\t21 Registration of death of trustee the date of whose death is unknown\n\nWhenever it is proved to the satisfaction of the registrar that any registered trustee of any registered trust is dead, but there is no evidence to satisfy the registrar when he died, the registrar shall register such death, and shall write or cause to be written in the folium in the Register of Successory Trusts relating to such trust, on the same line with the name of the trustee, in the column headed \"cause of cessation from office of trustee,\" the word \"dead,\" and in the column headed \"date of cessation from office of trustee\" the date of such entry, and in the proper column shall sign his name to authenticate such entry.\n\nNo. 3765 s. 22.\n\n\t22 Registration of retirement of trustee\n\nWhenever it is proved to the satisfaction of the registrar that any registered trustee of any registered trust has in any manner except by death ceased to be a trustee, the registrar shall register the cessation from office of such trustee, and shall write or cause to be written on the folium of the Register of Successory Trusts relating to such trust, on the same line with the name of the trustee in the column headed \"cause of cessation from office of trustee,\" the word \"retired,\" and in the column headed \"date of cessation from office of trustee,\" the date of making the entry, and shall authenticate such entry by signing his name in the proper column; and for the purposes of this section any person shall be deemed to have ceased to be a trustee when all other matters necessary for his cessation from office have been accomplished, notwithstanding that the trust property is still vested in him.\n\nNo. 3765 s. 23.\n\n\t23 Registration of new trustee\n\nWhenever it is proved to the satisfaction of the registrar that any person has been duly appointed a trustee of any registered trust and has accepted such trust, he shall register the appointment of such trustee in the next vacant line on the folium of the Register of Successory Trusts relating to such trust, and in the proper columns enter or cause to be entered the name and description of such trustee and the date of making the entry, and shall sign his name to authenticate the same.\n\nNo. 3765 s. 24.\n\nS. 24 amended by No. 18/1989  \ns. 13(Sch. 2 item 71(b)(i)(ii)).\n\n\t24 Power to make transfers to and recordings in the Register in relation to the trustees of registered trusts as such\n\nAny transfer lease mortgage or charge under the provisions of the **Transfer of Land Act 1958** may be executed to the trustees for the time being of any trust registered under the provisions of this Part, describing them as such trustees as aforesaid and stating that the trust is registered under the provisions of this Part, and describing such trust so as to identify it with the proper trust in the Register of Successory Trusts, and any recordings in the Register may be made in relation to those trustees by the same description, but no such description shall be deemed to affect any person with notice of the trusts or entitle require or concern any person to inquire into or ascertain such trusts; and the persons for the time being registered as trustees of such trust in the Register of Successory Trusts shall be deemed the registered proprietors of the property comprised in such transfer lease mortgage charge or folio of the Register.\n\nNo. 3765 s. 25.\n\n\t25 Vesting of trust property in the registered trustees for the time being\n\nUpon the registration under this Part of the death or other cessation from office of any registered trustee of any registered trust, the property hereinafter mentioned, vested in such trustee upon such trust, or, in case he is dead, which was vested in him upon such trust at the time of his death, shall vest in the remaining registered trustees or trustee, or, in case there is no registered trustee, in the next trustee who may be registered, and upon such registration of any new trustee the property hereinafter mentioned vested in the other registered trustees or trustee shall vest in them or him jointly with such new trustee, that is to say all property that will pass by delivery merely of such property, or of any document of title relating thereto, or that is comprised in any document of title made expressly upon such trust, or upon which an acknowledgment in writing that the same is held upon such trust has been signed by the trustees named therein, or upon which any such memorandum as aforesaid that the premises comprised therein are held by the trustees for the time being of such trust has been made by the registrar and all property comprised in any document of title upon which any such memorandum as aforesaid that some part of the premises comprised therein is held by the trustees for the time being of such trust has been so made and signed and referred to in such memorandum as so held. And for the purposes of this section it shall be sufficient if any trust is described in any document of title memorandum or acknowledgment so as to identify it with the proper trust in the Register of Successory Trusts, and the registered trustees or trustee for the time being shall be empowered to do and suffer all acts matters and things with respect to any such property that any of their predecessors in office as such trustees might have done.\n\nNo. 3765 s. 26.\n\n\t26 Trustees of registered trusts to cause property to be dealt with so as to vest in their successors\n\nThe trustees for the time being of every trust registered under this Part shall cause all property assured to or vested in them upon such trust to be so assured or dealt with that the same may vest in their successors under this Part.\n\nNo. 3765 s. 27.\n\n\t27 How legal proceedings may be had with respect to property held on a registered trust\n\nAll legal proceedings whatever concerning any property held upon any registered trust may be had by or against the registered trustees for the time being in their proper names as such trustees, describing the trust so as to identify it with the proper trust in the Register of Successory Trusts; and no such proceedings shall be discontinued or abated by reason of any change in such trustees by death or otherwise, but shall continue by or against the remaining or succeeding trustees notwithstanding.\n\nNo. 3765 s. 28.\n\n\t28 Entries in the register conclusive and proved by certified copies\n\nEvery trust in fact registered under this Part shall be deemed to be a trust which might be properly registered under this Part and every entry in the Register of Successory Trusts shall, for the purpose of determining who are or were at any time the trustees of any trust registered under this Part, be conclusive evidence, and may be sufficiently proved for all purposes by any copy thereof certified under the hand of the registrar.\n\nNo. 3765 s. 29.\n\n\t29 Registered trusts how proved\n\nThe trusts upon which the property subject to any registered trust is held may be sufficiently proved for all purposes by the production of the instruments and documents held by the registrar, whether copies or originals, or any copy thereof certified under the hand of the registrar.\n\nNo. 3765 s. 30.\n\n\t30 Lands mortgaged to trustees of registered trusts may be re-vested by the receipt of the trustees\n\nSubject to the provisions of section one hundred and fifteen of the **Property Law Act 1958** when all moneys intended to be secured by any mortgage or further charge given to the trustees of any registered trust, expressly as such trustees, or upon such trust, or upon which any such memorandum as aforesaid has been made by the registrar or upon which the mortgagees named therein have signed any written acknowledgment that such mortgage or further charge is held upon such trust, or all moneys intended to be secured by any mortgage or further charge given by the trustees of any registered trust expressly as such trustees, or upon which the mortgagors named therein have signed any written acknowledgment that the equity of redemption is held upon such trust, have been fully paid or discharged, the person or persons for the time being entitled to receive the moneys owing upon the security of such mortgage or further charge may indorse upon or annex to such mortgage or further charge a receipt in writing under his or their hand or hands in the form or to the effect specified in the Fifth Schedule to this Act; and such receipt shall vacate the mortgage or further charge and debt, and also all further charges relating to the same land dated subsequently to the mortgage or further charge on or to which such receipt shall be indorsed or annexed and prior to the date of the receipt, and vest the estate of and in the property therein comprised in the persons for the time being entitled to the equity of redemption without any re-conveyance or re-assignment whatever, and so that the person for the time being entitled to the equity of redemption, if the original mortgagors, shall hold the property to the same uses and upon the same trusts, so far as they have not been varied or altered, upon which the property was held before the mortgage, and if not the original mortgagor, to the same uses and upon the same trusts as the equitable estate.\n\nNo. 3765 s. 31.\n\n\t31 Power for succeeding trustee with his creditors' consent to undertake any liability in discharge of his predecessor\n\nOn or after the retirement of any trustee from any registered trust and the appointment of his successor, any person to whom such trustee his executors or administrators may be under any liability incurred for the benefit or in respect of such trust and such successor may sign a memorandum in writing under their hands by which the new trustee undertakes to answer such liability of the retiring trustee or of his executors or administrators, and by which the person to whom such liability is due undertakes to accept such undertaking in discharge of the retiring trustee his executors or administrators, and upon the registration of such memorandum the retiring trustee or his executors or administrators shall be discharged from such liability, and the succeeding trustee shall be bound to answer the same as if it had been incurred by him in the first instance.\n\nNo. 3765 s. 32.\n\n\t32 Power to persons in whom chose in action becomes vested to sue in their own names\n\nIn any case where under this Part any chose in action becomes vested in any person either solely or jointly with any other person or persons such person may sue for and recover the same in his own name either solely or jointly with such other person or persons as the case may be.\n\nNo. 3765 s. 33.\n\n\t33 Application for registration as head or representative of a religious denomination\n\nThe head or representative of any religious denomination in Victoria or any part thereof may make an application to the registrar to be registered as such head or representative, and every such application shall set forth the name of the denomination of which such person claims to be the head or representative, the part of Victoria in which he claims to be the head or representative thereof, the designation of such part of Victoria according to the usages of the denomination, the full name and surname of the applicant his address and his proper title of office according to the usages of the denomination by virtue of which he claims to be head or representative of such denomination, and the date when and the authority by which he acquired such office, and when any other person has been previously registered as such head or representative in the part of Victoria to which the application relates, the person in whose place he claims to be registered.\n\nNo. 3765 s. 34.\n\n\t34 Application how dealt with\n\nOn receiving any such application from any person to be registered as the head or representative of any religious denomination the registrar upon proof to his satisfaction that the applicant is such head or representative according to the usages of such denomination, shall register the applicant according to the tenor of his application: Provided that in the case of an application to be registered in the place of any person who does not consent to such application, notice of the application shall be given to such last-mentioned person, and such person shall have an opportunity of being heard before the registrar in opposition to such application, unless it is proved to the satisfaction of the registrar that such last-mentioned person is absent from Victoria and not expected to return within twelve months or cannot be found.\n\nNo. 3765 s. 35.\n\n\t35 Registration of head or representative of denomination when there has been no previous registration\n\nWhen registering any person as head or representative of any religious denomination, when there has been no previous registration of a head or representative of such denomination in any part of Victoria to which such application relates, the registrar shall enter or cause to be entered in a book to be called the Denominational Register the following particulars, that is to say, the name of the denomination, the description of the part of Victoria to which the application relates, the designation of such part of Victoria according to the usages of the denomination, the title of office of the applicant according to the usages of the denomination, the full name and surname of the applicant, his address and any further description of such applicant that the registrar may think desirable, together with the date of making the entry, and the registrar shall sign such entry to authenticate the same.\n\nNo. 3765 s. 36.\n\n\t36 Succeeding head or representative of denomination how registered\n\nThe registrar shall register any person as head or representative of a religious denomination in place of any other person for the whole portion of Victoria to which such previous registration relates by entering or causing to be entered in the Denomination Register below the registration of the person previously registered a memorandum of the full name and surname together with the address and any further description the registrar may think desirable of such first-mentioned person and that he is registered in the place of the person previously registered together with the date of making such entry, and shall sign such entry to authenticate the same.\n\nNo. 3765 s. 37.\n\n\t37 Head or representative of denomination succeeding in part only how registered\n\nThe registrar shall register any person as head or representative of a denomination in place of any other person for a portion only of the part of Victoria to which such previous registration relates as in cases where there has been no previous registration, and shall enter or cause to be entered in the Denominational Register below the registration of the person previously registered a memorandum that the registration of the person previously registered is cancelled as regards the part of Victoria included in such subsequent registration, and shall date such memorandum with the same date as the subsequent registration and sign the same.\n\nNo. 3765 s. 38.\n\n\t38 Registration of head or representative of denomination may be cancelled at his request\n\nAny person registered as the head or representative of any religious denomination in Victoria or any part thereof may by writing under his hand request the registrar to cancel his registration either entirely or as to any part of Victoria, and thereupon the registrar shall enter or cause to be entered in the Denominational Register a memorandum that the registration of such person is cancelled or cancelled as to such part of Victoria at his request together with the date of making such memorandum and shall sign the same.\n\nNo. 3765 s. 39.\n\n\t39 Power to registered head or representative to nominate trustees and for the registration of the same in certain cases of registered trusts\n\nS. 39(1) amended by Nos 57/1989  \ns. 3(Sch. item 171.2), 69/2009 s. 54(Sch. Pt 2 item 43), 6/2018 s. 68(Sch. 2 item 107.2).\n\n(1) Whenever a registered trust in connexion with a religious denomination having a registered head or representative or in connexion with any particular congregation church or section of such denomination and whether for religious educational or charitable purposes is from any cause without a trustee and there is no person or body of persons having authority to appoint such trustee, such registered head or representative by writing under his hand and seal attested by an authorised affidavit taker within the meaning of the **Oaths and Affirmations Act 2018** may nominate three or more persons to be registered as new trustees of the trust.\n\n(2) Such registered head or representative may thereupon make an application in writing to the registrar to have such three or more persons so registered as new trustees.\n\n(3) Every such application shall be supported by evidence by statutory declaration and otherwise of the facts above mentioned and by such other evidence (if any) as the registrar may require together with the written consent of the persons nominated.\n\n(4) The registrar if satisfied with the evidence so adduced may register the persons so nominated as trustees in manner directed by this Part for the registration of new trustees, and upon such registration such trustees shall have all the power duties and liabilities in respect of such trust and appointment as new trustees have who are duly registered under section twenty-three of this Act.\n\nNo. 3765 s. 40.\n\n\t40 Power to registered head or representative to nominate trustee and to apply for the registration of the trust in certain cases\n\n(1) If there is property legally or equitably subject to and available for any trust in connexion with a religious denomination having a registered head or representative or in connexion with some particular congregation church or section of such denomination and whether for religious educational or charitable purposes there is no trustee for the purposes of such trust and no person or body of persons having authority to appoint such trustee or qualified to make application under section six of this Act to have such trusts registered, the registered head or representative may nominate three or more persons to be registered trustees of such trust and to make an application to register such trust and trustees under this Part.\n\n(2) Such application shall be in writing addressed to the Registrar of Titles and in the form in the Sixth Schedule or to the like effect and be signed by the registered head or representative and shall be supported by evidence showing—\n\n(a) what are the trusts;\n\n(b) of what the trust property consists;\n\n(c) that there is no trustee or person or body of persons qualified to appoint a trustee of the trust;\n\n(d) that the applicant is the registered head or representative;\n\n(e) what are the names occupations and addresses of the nominated trustees;\n\n(f) that the persons nominated as trustees have consented to accept the trusts;\n\n(g) that every document letter and thing relating to or affecting any of the matters aforesaid is mentioned in the application—\n\nand by such other evidence (if any) as the registrar requires.\n\n(3) Such application shall be received and dealt with previously to registration in all respects as if it had been an application made under section nine of this Act.\n\nNo. 3765 s. 41.\n\n\t41 Provisions of this Part to extend to and govern the trusts so registered\n\nIf the registrar registers the trust all the provisions of this Part relating to trusts and trustees registered under this Part and to the property of such trusts shall immediately upon such registration so far as the same can be made applicable extend to include and govern the trust so registered its property and trustees as though such provisions had been originally framed to include trusts so constituted and registered.\n\nNo. 3765 s. 42.\n\n\t42 Vesting orders may in certain cases be made by the Registrar concurrently with the Supreme Court\n\n(1) At any time after the registration of any such trust the registered trustees or trustee thereof and if more than one any one or more of such trustees may make an application in writing to the registrar for an order vesting any particular property claimed by them or him to be properly subject to such trust in the registered trustees or trustee for the time being of such trust.\n\n(2) In support of such application the applicant shall produce to the registrar such documents of title and other evidence as are necessary or as the registrar requires.\n\n(3) Upon proof to the satisfaction of the registrar that the property so claimed or any part thereof is legally or equitably subject to and properly available for such trust, he may at his discretion make a vesting order (which order he is hereby empowered to make concurrently with the Supreme Court) vesting in the registered trustees or trustee for the time being of such trust such property or so much thereof as shall be specified in the order for all the estate and interest to and for which the same has been so proved to be subject to and available for the trust, or he may reject such application.\n\nNo. 3765 s. 43.\n\n\t43 Notice of application to be advertised and served\n\nBefore making such vesting order the registrar shall cause notice of such application to be advertised once or oftener in some newspaper published and circulated in Melbourne and in such other newspaper (if any) as he thinks fit and to be served on any person named by him and shall appoint a time not less than fourteen days from such notice or from the advertisement or the first of such advertisements (if more than one) on or after the expiration of which he will at his discretion, unless a caveat is lodged with him forbidding the granting of the application, make such order.\n\nNo. 3765 s. 44.\n\nS. 44 amended by Nos 18/1989  \ns. 13(Sch. 2 item 71(c)), 85/1998 s. 24(Sch. item 50).\n\n\t44 Person objecting to application can lodge caveat\n\nAny person claiming an estate or interest in the property in respect of which an application has been made under section forty-two of this Act may before the registrar has made the indorsements and recordings as directed under sections 46 and 47 lodge a caveat with the registrar forbidding the granting of the application, and every such caveat shall in all other respects and as nearly as the case permits be in the same form subject to the same provisions and have the same effect with respect to the application against which it is lodged as an ordinary caveat against the creation of a folio of the Register under the **Transfer of Land Act 1958**.\n\nNo. 3765 s. 45.\n\nS. 45 amended by No. 110/1986  \ns. 140(2)  \n(Sch.).\n\n\t45 Supreme Court may require the production of title deeds in support of an application under section 40 or section 42\n\nAfter an application has been made under section forty or section forty-two of this Act the Supreme Court may require all persons having in their possession or custody any deeds instruments or evidences of title relating to or affecting the property the subject of such application to produce the same at the Office of Titles to the registrar for his inspection upon such terms and subject to such conditions and for such charge or fee as the Supreme Court thinks fit and fixes.\n\nNo. 3765 s. 46.\n\n\t46 How vesting order carried out by registrar when property not under Transfer of Land Act 1958\n\n(1) The registrar on being served with a vesting order made by the Supreme Court or on making such an order under section forty-two of this Act shall as to property comprised therein which is not under the **Transfer of Land Act 1958** indorse, upon the last material registered document of title if produced relating to such property and on the memorial of registration thereof and upon the last document of title relating to such property whether registered or not lodged in support of the application for such order, a memorandum stating that by a vesting order made under the said section the property to which such document relates or some portion thereof has been vested in the trustees for the time being of the trust, describing such trust so as to identify it with the proper trust in the Register of Successory Trusts giving the number of the folium of such register on which such trust is registered and the date of his signing such memorandum and shall sign such memorandum.\n\n(2) Upon the registrar affixing his signature to such memorandum the trustees or trustee for the time being shall be empowered to do and suffer all acts matters and things in respect of such document of title or such property as if they or he had been named and appointed by such document trustees or trustee of the property included in such vesting order for the purposes of such trust, and the provisions of section fifteen of this Act shall apply to all documents upon which the registrar shall make such memorandum.\n\nNo. 3765 s. 47.\n\n\t47 How vesting order carried out by registrar when property under the Transfer of Land Act 1958\n\nS. 47(1) amended by No. 18/1989  \ns. 13(Sch. 2 item 71(d)(i)(ii)).\n\n(1) The registrar on being served with a vesting order made by the Supreme Court or on making such an order under section forty-two of this Act shall as to property comprised therein which is under the **Transfer of Land Act 1958** make and sign the recordings in the Register directed by section 58 of that Act in the case of the vesting orders therein mentioned, and in addition to the name and addition of the persons or person in whom such order purports to vest the property the recordings may describe such persons or person as such trustees or trustee as aforesaid of such trust identifying the trust in manner directed in the last preceding section.\n\nS. 47(2) amended by No. 18/1989  \ns. 13(Sch. 2 item 71(e)(i)(ii)).\n\n(2) The trustees or trustee may be described in any recording in the Register relating to them by the same description, but no such description shall be deemed to affect any person with notice of the trusts or entitle require or concern any person to inquire into or ascertain such trusts, and upon the registrar making the recordings in the Register under subsection (1) the persons or person for the time being registered as trustees or trustee of such trust in the Register of Successory Trusts shall be deemed the registered proprietors or proprietor of such property.\n\nNo. 3765 s. 48.\n\nS. 48 amended by No. 18/1989  \ns. 13(Sch. 2 item 71(f)).\n\n\t48 Vesting order not to operate until registered\n\nUnless and until the memoranda and recordings mentioned in the last two preceding sections have been made and signed by the registrar as therein directed the vesting order in respect of which they are respectively directed to be made shall have no effect or operation in conveying transferring or otherwise vesting the property comprised therein.\n\nNo. 3765 s. 49.\n\n\t49 Applicant may withdraw his application\n\nAn application made under any of the provisions of this Part may be withdrawn at any time prior to the registration or order thereon being made, and the registrar shall in such case return to the applicant or to the person appearing by the application to be entitled thereto all documents of title lodged in support of the application.\n\nNo. 3765 s. 50.\n\n\t50 Inspection of documents retained by the registrar\n\nNo person shall be entitled to an inspection of any documents retained by the registrar under this Part or to have any copy thereof or extract therefrom without the written order of one or more of the persons by whom the application was signed or of a judge of the Supreme Court or of the registrar.\n\nNo. 3765 s. 51.\n\n\t51 Fees\n\nIt shall be lawful for the registrar to demand the fees specified in the Seventh Schedule to this Act or such other fees as are from time to time appointed by the Governor in Council in lieu thereof or in addition thereto.\n\nNo. 3765 s. 52.\n\n\t52 Denominational Register and certified copies thereof made evidence\n\nThe Denominational Register shall be conclusive evidence of all matters authorized to be inserted therein for the purposes of this Part, and every entry therein may be sufficiently proved for all purposes by any copy thereof certified under the hand of the registrar.\n\nNo. 3765 s. 53.\n\n\t53 Documents purporting to be certified copies to be deemed such\n\nWhen any copy certified under the hand of the registrar is receivable in evidence under the provisions of this Part any document purporting to be such certified copy shall be deemed to be such certified copy unless the contrary is proved.\n\nNo. 3765 s. 54.\n\nS. 54 amended by No. 6/2018 s. 68(Sch. 2 item 107.3).\n\n\t54 Power to registrar to require explanation and production of documents\n\nThe registrar may by summons under his hand in the form in the Eighth Schedule require any person to appear at a time and place to be appointed in such summons and give any explanation concerning any application under this Part, and to produce any documents of title or other documents in his possession or within his control affecting such application. And the registrar is hereby authorized to examine such person upon oath or affirmation and is hereby empowered to administer such oath or affirmation; and any such person who fails refuses or neglects to attend the registrar for the purpose of being examined or to produce any such documents of title or other documents or to allow the same to be inspected or refuses or neglects to give any such explanation as aforesaid shall be liable on any such default to be committed by the registrar as in the case of a contempt of the Supreme Court, and if the information or document appears to the registrar to be material the registrar shall not be bound to give any direction in the matter of the application until the information or document is given or produced.\n\nNo. 3765 s. 55.\n\n\t55 Power to state case for the Supreme Court\n\nIt shall be lawful for the registrar whenever any question arises with regard to the performance of any duty or the exercise of any of the functions by this Part conferred or imposed on him to state a case for the opinion of the Supreme Court, and thereupon it shall be lawful for the said court to give its judgment thereon and such judgment shall be binding upon the registrar and the said court may make such order as to costs as seems just.\n\nNo. 3765 s. 56.\n\n\t56 Appeal against the decision of the registrar\n\nIf any person is dissatisfied with the decision of the registrar on any application under this Part such person may appeal therefrom to the Supreme Court by giving to the registrar and to any other person who has appeared before the registrar on such application, eighteen days' notice in writing of his intention; and within fourteen days after the delivery of such notice the registrar shall cause to be forwarded to the Prothonotary all documents lodged in support of the application together with a copy of his notes of the evidence of any witness who has been examined with reference to the application and a statement of the reasons for his decision, and also if the registrar thinks fit any affidavit or affidavits setting forth any matters he desires to bring under the notice of the court; and upon hearing any such appeal the Supreme Court may affirm vary or reverse the decision of the registrar, and may give any directions in the matter as seems just, and such court may direct that further evidence be taken in addition to the evidence forwarded by the registrar, or that notice of the hearing of such appeal be given to any person, and may adjourn the hearing of any such appeal to allow of such being done, and the registrar shall give effect to the order of the Supreme Court upon hearing such appeal; and the Supreme Court may direct any person who has appeared before the registrar or the Supreme Court in the matter of such application or appeal to pay the cost of such application or appeal or any part thereof as seems just.\n\nNo. 3765 s. 57.\n\n\t57 Power to the registrar to correct errors\n\nThe registrar may correct errors in the Register of Successory Trusts or the Denominational Register or in any document mentioned in section twenty-four of this Act or in entries made in the same or in memoranda made or caused to be made by the registrar under the provisions of this Part, and may supply entries and memoranda omitted to be made under this Part, but in the correction of any such error he shall not erase or render illegible the original words and shall affix the date on which the correction was made or entry or memorandum supplied and initial the same; and every error entry or memorandum so corrected or supplied shall have the like validity and effect as if such error had not been made or such entry or memorandum omitted except as regards any transaction prior to the actual time of correcting the error or supplying the omitted entry or memorandum.\n\nNo. 3765 s. 58.\n\nS. 58 amended by Nos 9554 s. 2(2)(Sch. 2 item 287), 9576 s. 11(1)(Sch.), 9945 s. 3(3)(Sch. 2 item 31).\n\n\t58 Certain fraudulent acts made misdemeanours\n\n[[1]](#endnote-2)Every person who wilfully makes any false statement or declaration in or upon any application under this Part or suppresses withholds or conceals or assists or joins in or is privy to the suppressing withholding or concealing from the registrar any material document fact or matter of information, and every person who in the course of his examination before the registrar wilfully and corruptly gives false evidence, and every person who fraudulently procures assists in fraudulently procuring or is privy to the fraudulent procurement of any entry in the Register of Successory Trusts or the Denominational Register, or of any erasure or alteration in any entry in either of such registers, or knowingly misleads or deceives any person herein authorized to require explanation or information in respect of any matter, shall be guilty of an indictable offence and shall be liable to a penalty of not more than 50 penalty units or may at the discretion of the court by which he is convicted be imprisoned for a term of not more than three years.\n\nNo. 3765 s. 59.\n\nS. 59 amended by Nos 9576 s. 11(1)(Sch.), 9945 s. 3(3)(Sch. 2 item 31).\n\n\t59 Forgery\n\nEvery person who forges or procures to be forged or assists in forging the name or signature of any person to any instrument matter or thing which is by this Part or in pursuance of any power contained in this Part expressly or impliedly authorized to be signed by such last-mentioned person, or uses with intent to defraud any instrument matter or thing to which the name or signature of any person has been forged, shall be guilty of an indictable offence and shall be liable to imprisonment for a term of not more than four years.\n\nNo. 3765 s. 60.\n\nS. 60 amended by No. 9576 s. 11(1)(Sch.).\n\n\t60 Preceding sections not to affect civil remedies\n\nNo proceeding or conviction for any act declared by this Part to be an indictable offence shall affect any remedy which any person aggrieved or injured by such act may be entitled to at law or in equity against the person who has committed such act or against his estate, and nothing in this Part contained shall entitle any person to refuse to make a complete discovery by answering any question or interrogatory in any civil proceeding in any court of law equity or bankruptcy; but no answer to any such question or interrogatory shall be admissible in evidence against such person in any criminal proceeding.\n\nPt 3 (Heading and ss 61–63) amended by No. 110/1986 s. 140(2)  \n(Sch.), substituted as Pt 3 (Heading and s. 61) by No. 73/2006 s. 6.\n\nPart III—Transitional\n\nNo. 3765 s. 61.\n\nS. 61 substituted by No. 73/2006 s. 6.\n\n\t61 Change of name of Act\n\nOn and from the commencement of section 5 of the **Charities (Amendment) Act 2006**, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind, any reference to the **Religious Successory and Charitable Trusts Act 1958** is deemed to be a reference to the **Religious and Successory Trusts Act 1958** so far as it applies to any period on or after that commencement, unless the contrary intention appears.\n\nSchedules\n\nSection 2.\n\nFirst Schedule\n\n| *Number of Act* | *Title of Act* | *Extent of Repeal* |\n| --- | --- | --- |\n| 3765 | **Religious Successory and Charitable Trusts Act 1928** | The whole |\n| 3822 | **Sessional Acts Revision Act 1929** | Section 6(7) |\n| 4865 | **Public Charitable Trusts Act 1941** | The whole |\n\n\nSection 9.\n\nSch. 2 amended by No. 73/2006 s. 7.\n\nSecond Schedule\n\nTo the Registrar of Titles\n\nI, of hereby apply to have a trust for purposes [*if the trust is connected with a religious denomination add* \"connected with\" *naming the denomination*] registered under Part II of the **Religious and Successory Trusts Act 1958**.\n\n1. The nature of the trust appears from the following documents [*set out a list of the documents*].\n\n2. The names of the present trustees are A.B. of C.D. of &c. Their due appointment appears from the following documents [*set out a list of the documents]*.\n\n3. The manner in which the trustees may be changed appears from the following documents [*set out a list of the documents*].\n\n4. The trust property consists of the following particulars [*set out a list of the trust property*].\n\n5. The authority by which the application is made is as follows [*set out the authority by which the application is made*].\n\n6. This application is made with the consent of [*set out the name of the registered head or representative of denomination describing him as such or of the Attorney-General describing him as such*].\n\n7. Every document matter and thing relating to or any of the matters aforesaid is mentioned in this application.\n\nSection 11.\n\nThird Schedule—The St. Paul's Melbourne Church of England Church Trust\n\nFolium 13.\n\nNumber of Trustees—Three\n\n| *Date of Registration of Trustee* | *Name of Trustee* | *Description of Trustee* | *Signature of Registrar authenti-cating Registra-tion of Trustee* | *Cause of cessation from office of Trustee* | *Date of cessation from office of Trustee* | *Signature of Registrar authenti-cating cessation from office of Trustee* |\n| --- | --- | --- | --- | --- | --- | --- |\n| 1st January, 1916 | John Jones | 12 Collins-street east, Melbourne, ironmonger | R. Gibbs |  |  |  |\n| 1st January, 1916 | Thomas Smith | St. Kilda-road, Melbourne, merchant | R. Gibbs | Deceased | 4th February, 1916 | R. Gibbs |\n| 1st January, 1916 | William Green | Toorak-road, South Yarra, merchant | R. Gibbs | Retired | 3rd March, 1916 | R. Gibbs |\n| 20th February, 1916 | James White | Swanston-street, Melbourne, grocer | R. Gibbs |  |  |  |\n| 3rd March, 1916 | Thomas Thomas | 4 Elizabeth-street, Melbourne, saddler | R. Gibbs |  |  |  |\n\n\nSection 18.\n\nSch. 4 amended by No. 73/2006 s. 7.\n\nFourth Schedule—Memorandum of change of name of denomination or trust\n\nThe name of the [denomination *or* trust] heretofore registered in the [Denominational Register *or* Register of Successory Trusts] under the name of has under the provisions of the **Religious and Successory Trusts Act 1958** in compliance with an application in that behalf No. been changed to\n\nDated this day of\n\nRegistrar of Titles.\n\nSection 30.\n\nSch. 5 amended by No. 73/2006 s. 7.\n\nFifth Schedule\n\nThe trustees of the trust registered under Part II of the **Religious and Successory Trusts Act 1958** as [*here set out the description of the trust so  \nas to identify it with the proper trust in the Register of Successory Trusts*]  \nNo. [*fill in the number of the folium on which such trust is registered*]  \n[*or A.B. of, & c. as the case may be*] hereby acknowledge to have received all moneys intended to be secured by the within written deed.\n\nGiven under our hands [*or* my hand] this day of\n\n[*Signatures of persons entitled to receive the money, trustees*.]\n\nSection 40.\n\nSch. 6 amended by No. 73/2006 s. 7.\n\nSixth Schedule\n\n**TO THE REGISTRAR OF TITLES**\n\nI, the registered [head *or* representative *as the case may be*] of [*name of denomination*]  hereby apply to have a trust for purposes for and connected with the said denomination registered under the **Religious and Successory Trusts Act 1958**.\n\n(1) The nature of the trust appears from the following documents [*set out a list of the documents*].\n\n(2) The trust property consists of the following particulars [*set out a list of the trust property*].\n\n(3) There is no trustee of the said trust and no person or body of persons qualified to appoint such trustee.\n\n(4) This application is made under section 40 of the **Religious and Successory Trusts Act 1958** by me as registered [head *or* representative *as the case may be*] of the denomination. The number of my registration is folium  \nof the Denominational Register (**Religious and Successory Trusts Act 1958**) in the office of Registrar of Titles.\n\n(5) The names of the persons nominated by me to be registered trustees of the trust are A.B. of C.D. of and E.F. of Their due nomination and consent to be appointed and acceptance of the trusts appear by the following documents [*set out the documents of nomination and consent*].\n\n(6) There is no document letter or thing relating to or affecting any of the matters aforesaid in my possession or under my control other than those included in the Schedule hereto.\n\nSchedule referred to.\n\nDated this day of\n\nMade and subscribed ⎫  \nat ⎬  \nin the presence of ⎭\n\nSection 51.\n\nSeventh Schedule—Scale of fees\n\nIn each case in addition to the costs of the advertisements (if any):\n\n|  | $ |\n| --- | --- |\n| On the application to register a trust, or to register an instrument or document under section fourteen | 2.00 |\n| On the application to the registrar for any order dispensing with any authority or consent | 0.50 |\n| On the application to register new name of denomination or trust | 2.00 |\n| On the application to register the death or cessation from office of a trustee or any memorandum under section thirty-one | 0.50 |\n| On the application to register the appointment of a new trustee | 0.50 |\n| On the application to be registered as head or representative of a denomination | 2.00 |\n| On the withdrawal of an application to be registered as head or representative of a denomination | 0.25 |\n| On the application by any person for the cancellation of the registry as head or representative of a denomination whether for the whole or any part of Victoria | 0.50 |\n| On the application by the head or representative of a denomination nominating trustees | 2.00 |\n| On the application for a vesting order under section forty-two | 2.00 |\n| For the signature of the registrar to any certificate, copy, extract, or memorandum | 0.25 |\n| For any copy or extract of a document, or from any register or book, as per folio of seventy-two words | 0.05 |\n| For returning under section fifteen each document deposited | 0.25 |\n| For registering memorandum of substitution of deposited or enrolled statements of trusts under section nineteen | 0.50 |\n| For registering the appointment of trustees under section thirty-nine and forty | 0.50 |\n| For registration of a vesting order under section forty-two | 1.00 |\n|  |  |\n\n|  | $ |\n| --- | --- |\n| For returning on withdrawal of application each document deposited | 0.25 |\n| For order for and inspection of documents permanently retained | 0.25 |\n| For every search | 0.10 |\n| For every caveat | 1.00 |\n| For withdrawal of caveat | 0.50 |\n\n\nSection 54.\n\nSch. 8 amended by No. 73/2006 s. 7.\n\nEighth Schedule—Summons\n\nIn the matter of Part II of the **Religious and Successory Trusts Act 1958**.\n\nA.B. [*insert addition*] is hereby summoned to appear before me at on the day of at of the clock in the [*fore*] noon then and there to be examined at the instance of C.D. [*insert addition*] concerning and the said A.B. is hereby required to bring with him and produce at the time and place aforesaid [*describe document*] and all other writings and documents in his custody or power in anywise relating to the premises.\n\nGiven under my hand the day of\n\nRegistrar of Titles.\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Religious Successory and Charitable Trusts Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.\n\nThe title of this Act was changed from the **Religious Successory and Charitable Trusts Act 1958** to the **Religious and Successory Trusts Act 1958** by section 5 of the **Charities (Amendment) Act 2006**, No. 73/2006.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Religious and Successory Trusts Act 1958** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Decimal Currency Act 1965, No. 7315/1965**\n\n| Assent Date: | 30.11.65 |\n| --- | --- |\n| Commencement Date: | 14.2.66: Appointed day |\n| Current State: | All of Act in operation |\n\n\n**Penalties and Sentences Act 1981, No. 9554/1981**\n\n| Assent Date: | 19.5.81 |\n| --- | --- |\n| Commencement Date: | S. 2(2)(Sch. 2 item 287) on 1.9.81: Government Gazette 26.8.81 p. 2799 |\n| Current State: | This information relates only to the provisions amending the **Religious and Successory Trusts Act 1958** |\n\n\n**Crimes (Classification of Offences) Act 1981, No. 9576/1981**\n\n| Assent Date: | 26.5.81 |\n| --- | --- |\n| Commencement Date: | 1.9.81: Government Gazette 26.8.81 p. 2799 |\n| Current State: | All of Act in operation |\n\n\n**Penalties and Sentences (Amendment) Act 1983, No. 9945/1983**\n\n| Assent Date: | 20.9.83 |\n| --- | --- |\n| Commencement Date: | S. 3(3)(Sch. 2 item 21) on 20.12.83: Government Gazette 14.12.83 p. 4035 |\n| Current State: | This information relates only to the provisions amending the **Religious and Successory Trusts Act 1958** |\n\n\n**Supreme Court Act 1986, No. 110/1986**\n\n| Assent Date: | 16.12.86 |\n| --- | --- |\n| Commencement Date: | 1.1.87: s. 2 |\n| Current State: | All of Act in operation |\n\n\n**Transfer of Land (Computer Register) Act 1989, No. 18/1989**\n\n| Assent Date: | 16.5.89 |\n| --- | --- |\n| Commencement Date: | 3.2.92: Government Gazette 18.12.91 p. 3488 |\n| Current State: | All of Act in operation |\n\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| Assent Date: | 14.6.89 |\n| --- | --- |\n| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n| Current State: | All of Act in operation |\n\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998**\n\n| Assent Date: | 17.11.98 |\n| --- | --- |\n| Commencement Date: | S. 24(Sch. item 50) on 1.1.99: s. 2(3) |\n| Current State: | This information relates only to the provisions amending the **Religious and Successory Trusts Act 1958** |\n\n\n**Charities (Amendment) Act 2006, No. 73/2006**\n\n| Assent Date: | 10.10..06 |\n| --- | --- |\n| Commencement Date: | Ss 5–7 on 10.10.06: s. 2 |\n| Current State: | This information relates only to the provisions amending the **Religious and Successory Trusts Act 1958** |\n\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| --- | --- |\n| Commencement Date: | S. 54(Sch. Pt 2 item 43) on 1.1.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Religious and Successory Trusts Act 1958** |\n\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| --- | --- |\n| Commencement Date: | S. 68(Sch. 2 item 107) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Religious and Successory Trusts Act 1958** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. S. 58: Section 2(3) of the **Penalties and Sentences Act 1981**, No. 9554 (*repealed*) provided as follows:\n\n  (3) Notwithstanding anything to the contrary in  \nthis or any other Act, the provisions of the Acts mentioned in Schedule One and in Schedule Two as in force immediately before the commencement of this Act shall apply to and in relation to offences committed or alleged to have been committed and acts done or omitted to be done or alleged to have been done or to have been omitted to be done before the commencement of this Act, and for the purposes of that application the provisions of the Acts mentioned in Schedule One and in Schedule Two as in force immediately before the commencement of this Act shall be deemed to remain in force. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The Act's former title — 'Religious Successory and Charitable Trusts Act 1958' — included 'Charitable Trusts' as an explicit component. The current title removes this reference, suggesting the scope may have been narrowed over time, with charitable trust provisions possibly moved to other legislation or removed entirely. However, this cannot be confirmed from the document provided."},"complexity_factors":["Insufficient legislative content provided to assess true legal complexity — only metadata and title information is present","The Act has been in force since 1958 and may contain accumulated amendments not visible in this extract","The name change from 'Religious Successory and Charitable Trusts Act' suggests possible narrowing of scope, which adds minor interpretive complexity","Trust law generally involves nuanced legal concepts, but this cannot be assessed from the text provided"],"plain_english_summary":"The Religious and Successory Trusts Act 1958 is a longstanding Victorian law governing trusts held for religious purposes or passed through succession. It likely affects religious organisations, trustees, estate planners and beneficiaries involved with religious or inheritance-related trusts in Victoria.\n\nThe available document contains only title and metadata, so specific provisions aren’t shown here; the Act’s precise scope and rules can’t be determined from this text alone."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act was enacted to consolidate law governing religious, successory and charitable trusts (s 1; First Schedule repeal). Its operative scope—registration and governance of trusts for religious, educational or charitable purposes and related registrar/Supreme Court powers—remains the statutory core (s 5, ss 11–42). The 2006 amendment altered the Act's title and later amendments updated procedures and penalties (s 61; endnotes), but do not materially expand the Act's stated subject‑matter."},"complexity_factors":["Multiple specialized registers and records to maintain (Register of Successory Trusts; Denominational Register) with certified-copy evidentiary effects (ss 11, 52–53).","Substantial registrar discretion to dispense with absent consents, accept evidence, register trusts, and make vesting orders (ss 8, 10, 42).","Detailed evidentiary and documentary rules for applications, retention and release of originals, and limited public inspection (ss 7–9, 13–16, 15, 50).","Interaction with land law and the Transfer of Land Act requiring specific indorsements/recordings and vesting effects (ss 16–17, 24, 46–48).","Procedures allowing denominational heads to nominate trustees and to bring trusts under the Part where no appointing body exists (ss 33–41), tied to Oaths and Affirmations Act formalities (s 39).","Appeal and judicial review pathway to the Supreme Court plus power for registrar to state cases, creating dual administrative and judicial layers (ss 55–56).","Criminal sanctions for false statements, forgery and related offences with specified penalties, adding criminal-compliance risk (ss 58–60).","Fees and prescribed charges set by schedule and registrar (s 51; Seventh Schedule), creating cost-of-compliance for applicants.","Powers to summon witnesses and sanction non‑compliance modelled on contempt-type sanctions, increasing enforcement potency (s 54).","Cross-references to other statutes (Property Law Act, Transfer of Land Act, Oaths and Affirmations Act) and historical amendments increase interpretive complexity (ss 19, 24; endnotes)."],"plain_english_summary":"Mechanically, the Act creates a formal registration system for religious, educational and charitable trusts in Victoria: public Registers, documentary and consent requirements, Registrar powers to register or refuse, appoint trustees, and make vesting orders, with review by the Supreme Court (ss 5–12, 39–42, 55–56). Applicants pay prescribed fees and must supply title documents; registered heads and the Registrar make key appointment and vesting decisions; trustees must record changes and risk criminal penalties for false statements (ss 51, 24, 58)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1928 Act (repealed and consolidated in 1958) was titled 'Religious Successory and Charitable Trusts Act'. The 2006 Charities (Amendment) Act removed 'Charitable' from the title, narrowing the scope to focus specifically on religious and successory trusts. However, the substantive content has remained remarkably stable since 1958, with amendments being largely technical updates to references (e.g., updating to the Oaths and Affirmations Act 2018, Transfer of Land Act amendments) rather than expansion of substantive powers. The Act has not grown significantly beyond its original purpose of providing a registration and succession mechanism for trust property."},"complexity_factors":["Extensive cross-referencing with other Victorian legislation including the Transfer of Land Act 1958, Property Law Act 1958, and Oaths and Affirmations Act 2018","61 sections plus 8 schedules with detailed procedural forms and fee tables","Multiple overlapping registration systems: Register of Successory Trusts and Denominational Register","Complex conditional logic for different scenarios: known vs unknown death dates of trustees, property under Transfer of Land Act vs general law, whole vs partial succession of religious heads","Nested exceptions and provisos, particularly in sections 8 (dispensing with authority) and 34 (hearing objections)","Dual pathways for vesting orders: Registrar of Titles and Supreme Court operating concurrently (section 42)","Specific evidentiary requirements and authentication procedures throughout","Transitional provisions preserving pre-1958 registrations and continuity of status"],"plain_english_summary":"**What this law does:**\n\nThis is a Victorian law that creates a special registration system for two types of trusts: **religious trusts** (for churches and religious purposes) and **successory trusts** (trusts that continue over time, typically for religious, educational, or charitable purposes).\n\n**Key things it covers:**\n\n*   **Part I – Religious Trusts:** Stops the Victorian Government from paying money to build churches or pay ministers unless the land is held by properly appointed trustees (between 3 and 5 people). It also requires that at least one-sixth of church seating be free for anyone to use, with no rent charged.\n\n*   **Part II – Successory Trusts:** Sets up a registration scheme run by the Registrar of Titles (the government officer who handles land ownership records). This allows trusts to be officially recorded so that:\n    *   When trustees die or retire, the trust property automatically passes to new trustees without needing complicated legal documents each time.\n    *   Religious denominations can register their official leaders (\"heads or representatives\") who then have power to appoint new trustees if the trust has no one else to do it.\n    *   The Registrar can make orders transferring property into the names of current trustees.\n    *   There are special rules for proving who the trustees are, dealing with property documents, and handling mortgages held by trusts.\n\n*   **Criminal offences:** Makes it a crime to lie to the Registrar, forge documents, or fraudulently alter the registers.\n\n**Who it affects:**\n\n*   Religious organisations and churches in Victoria\n*   Charitable and educational institutions holding property in trust\n*   Trustees of registered trusts\n*   The Registrar of Titles and the Supreme Court of Victoria\n\n**Why it matters:**\n\nBefore this law, when a trustee died, you often needed a court order or new legal documents to transfer property to the replacement trustee. This was slow and expensive. This law creates a streamlined, register-based system (similar to how land titles work) so that trust property can move smoothly from one generation of trustees to the next. It also ensures government funding for religious buildings only goes to properly structured trusts with public access requirements."},"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/religious-and-successory-trusts-act-1958","history":"/api/acts/religious-and-successory-trusts-act-1958/history","analysis":"/api/acts/religious-and-successory-trusts-act-1958/analysis","conflicts":"/api/acts/religious-and-successory-trusts-act-1958/conflicts","importantCases":"/api/acts/religious-and-successory-trusts-act-1958/important-cases","documents":"/api/acts/religious-and-successory-trusts-act-1958/documents"}}