{"id":"tas:act-1932-051","name":"Roman Catholic Church Property Act 1932","slug":"roman-catholic-church-property-act-1932","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"51 of 1932","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110646,"registerId":"tas-act-1932-051-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Roman Catholic Church Property Act 1932](/view/html/inforce/2026-04-12/act-1932-051) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Repeal","content":"### 2 Repeal\n\n> The Acts set forth in [the schedule](#JS1@EN) are hereby repealed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***the Archbishop*** means the Roman Catholic Archbishop of Hobart for the time being; and in the case of the absence of the Archbishop from the Commonwealth or of a vacancy in the office of Archbishop includes the Chief Ecclesiastical Authority of the Roman Catholic Church in this State;\n> \n> [*\\[Section 3 Amended by No. 12 of 2005, s. 6, Applied:06 May 2005\\]*](/view/html/inforce/2005-05-06/act-2005-012#GS6@EN)\n> \n> > [*\\[Section 3 Amended by No. 12 of 2005, s. 6, Applied:06 May 2005\\]*](/view/html/inforce/2005-05-06/act-2005-012#GS6@EN) ***body corporate*** means the Roman Catholic Church Trust Corporation of the Archdiocese of Hobart as continued under [section 4](#GS4@EN) ;\n> \n> > [*\\[Section 3 Amended by No. 12 of 2005, s. 6, Applied:06 May 2005\\]*](/view/html/inforce/2005-05-06/act-2005-012#GS6@EN) ***trustee*** means a trustee appointed or continued in office under [section 4](#GS4@EN) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of body corporate as Roman Catholic Church Trust Corporation of the Archdiocese of Hobart","content":"### 4 Constitution of body corporate as Roman Catholic Church Trust Corporation of the Archdiocese of Hobart\n\n> [*\\[Section 4 Substituted by No. 12 of 2005, s. 7, Applied:06 May 2005\\]*](/view/html/inforce/2005-05-06/act-2005-012#GS7@EN)\n> \n> > (1)  The body corporate constituted under [section 4](/view/html/inforce/2026-04-12/act-1932-051#GS4@EN) of this Act, as in force immediately before the commencement of the [Roman Catholic Church Property Amendment Act 2005](/view/html/inforce/2026-04-12/act-2005-999) , continues and is to be known as the \"Roman Catholic Church Trust Corporation of the Archdiocese of Hobart\".\n> \n> > (2)  The body corporate has perpetual succession and a common seal.\n> \n> > (3)  The body corporate consists of three trustees appointed by the Archbishop.\n> \n> > (4)  The Archbishop, at any time, may remove a trustee.\n> \n> > (5)  The Archbishop may appoint another trustee in the place of a trustee –\n> > \n> > > > (a) who has been removed under [subsection (4)](#GS4@Gs4@EN) ; or\n> > > \n> > > > (b) who has died.\n> \n> > (6)  The seal of the body corporate is to be affixed in the presence of at least two trustees who are to sign their names to the instrument to which the seal has been affixed.\n> \n> > (7)  Except as provided in [subsection (4)](#GS4@Gs4@EN) , this section does not affect the tenure or term of office of a person who immediately before the commencement of this section was a trustee.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Vesting of Church property in trustees","content":"### 5 Vesting of Church property in trustees\n\n> *\\[Section 5 Amended by No. 36 of 1958, s. 5 \\]*\n> \n> > (1)  [*\\[Section 5 Subsection (1) amended by No. 12 of 2005, s. 8, Applied:06 May 2005\\]*](/view/html/inforce/2005-05-06/act-2005-012#GS8@Hpe@EN) [*\\[Section 5 Subsection (1) amended by No. 12 of 2005, s. 8, Applied:06 May 2005\\]*](/view/html/inforce/2005-05-06/act-2005-012#GS8@Hpd@EN) [*\\[Section 5 Subsection (1) amended by No. 12 of 2005, s. 8, Applied:06 May 2005\\]*](/view/html/inforce/2005-05-06/act-2005-012#GS8@Hpc@EN) [*\\[Section 5 Subsection (1) amended by No. 12 of 2005, s. 8, Applied:06 May 2005\\]*](/view/html/inforce/2005-05-06/act-2005-012#GS8@Hpb@EN) All real and personal property of every description now vested in or held by–\n> > \n> > > > (a) [*\\[Section 5 Subsection (1) amended by No. 12 of 2005, s. 8, Applied:06 May 2005\\]*](/view/html/inforce/2005-05-06/act-2005-012#GS8@Hpa@EN) the body corporate; or\n> > > \n> > > > (b) any person upon trust for the said Church–\n> > \n> > shall, by force of this Act and without any conveyance, transfer or assignment, be vested in the body corporate for all the estate and interest therein respectively of the body corporate or person by whom the same was held before the commencement of this Act, and shall be held by the body corporate, together with any property vested in or acquired by it after the commencement of this Act, subject to any special trusts affecting the same or any part thereof, on trust for the said Church.\n> \n> > (2)  [*\\[Section 5 Subsection (2) amended by No. 12 of 2005, s. 8, Applied:06 May 2005\\]*](/view/html/inforce/2005-05-06/act-2005-012#GS8@Hpf@EN) *\\[Section 5 Subsection (2) amended by No. 19 of 1980, s. 171 and Sched. 1, Pt II \\]*The body corporate shall be deemed to be the registered proprietors of such portions of the said property as are subject to the provisions of the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , and the Recorder of Titles, upon the application of the body corporate under their common seal, and upon proof to his satisfaction of the identity of any such portion of the said property shall issue to the body corporate such instruments of title as are by the said Act provided for.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Power of body corporate","content":"### 6 Power of body corporate\n\n> *\\[Section 6 Amended by No. 36 of 1958, s. 5 \\]*[*\\[Section 6 Substituted by No. 12 of 2005, s. 9, Applied:06 May 2005\\]*](/view/html/inforce/2005-05-06/act-2005-012#GS9@EN)\n> \n> > (1)  The body corporate has all the powers of a natural person, including (without limitation) the power –\n> > \n> > > > (a) to purchase, take on lease or acquire by gift, devise, bequest, exchange or otherwise any real or personal property; and\n> > > \n> > > > (b) to conduct any commercial activities which are, or may be, for the benefit of the Roman Catholic Church or of any order, congregation, community or association of the Roman Catholic Church; and\n> > > \n> > > > (c) by itself, or by a person authorised in writing in that behalf under its common seal, to deal with and dispose of money, choses in action and choses in possession at any time vested in it or in any person on its behalf; and\n> > > \n> > > > (d) by itself, or by a person authorised in writing in that behalf under its common seal, to draw, make, accept, endorse and discount promissory notes, bills of exchange and other negotiable or transferable securities or instruments; and\n> > > \n> > > > (e) to do and perform all acts, matters and things and make and execute all contracts, documents, writings and assurances that in its opinion are, or may be, for its benefit or the benefit of the Roman Catholic Church; and\n> > > \n> > > > (f) to borrow money on the security of personal property or without security on any terms and conditions as the body corporate considers desirable; and\n> > > \n> > > > (g) in respect of real and personal property outside Tasmania at any time vested in or owned by it, to delegate by writing under its common seal to an attorney all or any of the powers conferred by this section; and\n> > > \n> > > > (h) to execute any document and to do any other thing the execution or doing of which, in its opinion, is necessary or convenient to achieve its objects.\n> \n> > (2)  The Archbishop, on any terms and conditions and in any manner as he thinks fit, may direct the sale, lease, exchange, mortgage or other disposition of any property vested in the body corporate, and may alter or revoke the direction.\n> \n> > (3)  This section does not authorise the sale, lease or other disposition of any part of a cemetery or place for the interment of the dead which may be vested in the Roman Catholic Church in Tasmania, or in any person or persons in trust for that Church, in which any interment may have taken place.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Trusts for Church purposes","content":"### 7 Trusts for Church purposes\n\n> *\\[Section 7 Amended by No. 36 of 1958, s. 5 \\]*[*\\[Section 7 Amended by No. 12 of 2005, s. 10, Applied:06 May 2005\\]*](/view/html/inforce/2005-05-06/act-2005-012#GS10@EN) Where any property is vested in the body corporate to be held on trust for the said Church, and such property is not subject to any special trust, that property shall be held, dealt with, and managed by the body corporate in such manner as the Archbishop may direct.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Directions, &c., by Archbishop","content":"### 8 Directions, &c., by Archbishop\n\n> > (1)  Where by this Act the Archbishop is empowered to give any direction, or to appoint or remove any person as a trustee, any such direction, appointment, or removal shall be by instrument in writing under his hand and seal.\n> \n> > (2)  The production of any such instrument shall be evidence in all legal proceedings of the direction, appointment, or removal, as the case may be.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Reference to Church and Archbishop","content":"### 9 Reference to Church and Archbishop\n\n> Where in any Act or in any document any reference is made to –\n> \n> > > (a) \"the Church of Rome\"; or\n> > \n> > > (b) \"the Bishop of the Church of Rome\" –\n> > \n> > or any expression of similar meaning is used, such reference or expression shall be construed as a reference to –\n> > \n> > > (c) the Roman Catholic Church in Tasmania; or\n> > \n> > > (d) the Archbishop –\n> \n> as the case may be.","sortOrder":8},{"sectionNumber":"SCHEDULE 1","sectionType":"part","heading":"SCHEDULE 1","content":"# SCHEDULE 1 SCHEDULE 1\n\n[Section 2](#GS2@EN)\n\n| Regnal year and number | Title of Act |\n| 27 Vict. No. 16 | Church of Rome Trustee Act |\n| 53 Vict. No. 46 | Roman Catholic Church Trustee Amendment Act 1889 |\n| 55 Vict. No. 70 | An Act to authorize the Trustees of the Roman Catholic Church in Tasmania to dispose of Land in the Townships of Oatlands and Devonport, and to lease Land in Glebe Town |\n| 6 Edw. VII (Private) | Roman Catholic Church Property Disposal Act 1906 |\n| 9 Edw. VII (Private) | Roman Catholic Church Property Disposal Act 1909 |\n| 6 Geo. V (Private) | Roman Catholic Church Property Disposal Act 1915 |\n| 9 Geo. V (Private) | Roman Catholic Church Property Disposal Act 1918 |\n| 11 Geo. V (Private) | Roman Catholic Church Property Disposal Act 1920 |\n| 14 Geo. V (Private) | Roman Catholic Church Property Disposal Act 1923 |\n| 19 Geo. V No. 47 | Roman Catholic Church Property Disposal Act 1928 |","sortOrder":9}],"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":5,"scope_assessment":{"changed":true,"description":"The Act replaces prior trustee arrangements and repealed older statutes (s2; Schedule 1) by continuing a single body corporate (s4(1)) and specifying that all existing real and personal church property is vested in that corporation (s5(1)). It centralises control by giving the Archbishop appointment/removal powers over the three trustees (s4(3)–(5)) and explicit authority to direct sale or other disposition (s6(2)). The body corporate's powers are broadened to include commercial activities, borrowing and extensive dealing with assets (s6(1)(b),(f),(h)), and land‑title registration is provided for (s5(2))."},"complexity_factors":["Automatic vesting of all church real and personal property in the body corporate without conveyance (s5(1)) increases practical transfer and title implications.","Centralised appointment and removal power vested in the Archbishop over all three trustees (s4(3)–(5)) concentrates discretionary authority.","Broad, open‑ended corporate powers to conduct commercial activities, borrow, enter contracts and deal with assets (s6(1)(b),(c),(d),(f),(h)) expand operational scope and raise governance questions.","Power for the Archbishop to direct sale, lease, mortgage or other disposition on any terms and to revoke directions (s6(2)) creates high executive control over trust assets.","Exception for cemetery/interment land (s6(3)) creates a carved‑out restriction requiring attention in transactions.","Provision for land title registration in the corporate name under the Land Titles Act (s5(2)) involves interaction with land‑registration processes and proof requirements.","Continuity and repeal mechanics (s2, Schedule 1 and transitional wording in s4(7)) require checking historical instruments and existing trustee tenures.","Seal and execution formalities (s4(6), s8) impose documentary evidence and signature requirements for legal acts.","Trust management direction when no special trust exists (s7) makes administrative discretion central to how non‑special trust assets are handled."],"plain_english_summary":"This Act vests all Roman Catholic Church property in Tasmania in a single corporate trustee, the Roman Catholic Church Trust Corporation of the Archdiocese of Hobart, and sets its constitution, seal and execution rules. The Archbishop appoints and may remove three trustees and may direct management or disposal of trust property; the corporation may acquire, manage, borrow against and deal with property (cemetery land excepted).\n\nThe Act repeals earlier trustee statutes and enables title registration in the corporate trustee."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained focused on its original purpose — providing a legal mechanism for the Roman Catholic Church in Tasmania to hold and manage property. The infrequency of amendments and the long period of stability (current version unchanged since 2005) suggests no significant expansion or contraction of scope from its original 1932 intent."},"complexity_factors":["Narrow, specialist subject matter limited to one religious denomination's property rights","Long-standing legislation (1932) that has been amended infrequently, suggesting settled and stable provisions","Interplay between religious organisation governance and property/land law concepts may require some legal background to fully understand","Limited publicly available text in the excerpt makes full assessment difficult, but Acts of this type are typically straightforward enabling statutes"],"plain_english_summary":"The Roman Catholic Church Property Act 1932 (Tas.) gives the Roman Catholic Church in Tasmania a clear legal framework to hold, manage and transact land and buildings in its own name. \n\nIt affects the Church and its representatives, parish communities, and anyone dealing with Church property (buyers, banks, donors) by protecting Church assets and providing certainty for ownership and transactions."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: creating a statutory trustee body to hold Roman Catholic Church property in Tasmania. While the 2005 amendments expanded the commercial powers of the Trust Corporation (adding explicit borrowing powers, commercial activities, and broader dealing powers), this represents modernisation within the original scope rather than scope creep. The Act has not expanded to regulate religious doctrine, education, or other Church activities – it remains strictly a property-holding mechanism."},"complexity_factors":["Only 3 defined terms in the interpretation section (Archbishop, body corporate, trustee)","Straightforward structure: 9 operative sections plus a schedule of repealed Acts","Minimal cross-referencing – primarily internal references to other sections of the same Act","Simple conditional logic – mostly 'if X then Y' without nested exceptions","Single amendment history to track (substantially rewritten in 2005 but remains concise)","No delegated legislation or regulation-making powers","Clear separation of powers between the Archbishop (control) and trustees (execution)"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal entity called the **Roman Catholic Church Trust Corporation of the Archdiocese of Hobart** to hold and manage property for the Roman Catholic Church in Tasmania. Think of it as setting up a \"property holding company\" for the Church, but run by trustees appointed by the Archbishop.\n\n**Who it affects:**\n\n- **The Roman Catholic Church in Tasmania** – specifically the Archdiocese of Hobart\n- **The Archbishop of Hobart** – who has significant control over the trustees and property decisions\n- **Three trustees** – appointed (and removable) by the Archbishop to form the body corporate\n- **Anyone dealing with Church property** – banks, buyers, leaseholders, or donors\n\n**Key things the law does:**\n\n- **Consolidates old laws**: Repeals 10 earlier Acts dating back to 1864, replacing them with one modern framework\n- **Transfers property**: Automatically moves all Church property (land, buildings, money, investments) into the new body corporate without needing paperwork for each item\n- **Gives broad powers**: The Trust Corporation can buy, sell, lease, borrow money, run businesses, and do anything a natural person can do – essentially full commercial capacity\n- **Protects cemeteries**: Specifically bans selling or leasing any part of a Catholic cemetery where people are buried\n- **Centralises authority**: The Archbishop directs how property is used and can hire or fire trustees at will\n\n**Why it matters:**\n\nWithout this law, the Church would struggle to own property legally. Religious organisations can't hold property in their own name (being unincorporated), so they need a \"body corporate\" (a legal person created by statute) to act as owner. This Act ensures the Archdiocese of Hobart can manage schools, churches, hospitals, and investments efficiently, while keeping ultimate control with the Archbishop rather than dispersing it among multiple trustees or committees.\n\nThe 2005 amendments modernised the Act, giving the Trust Corporation powers similar to a modern company (like borrowing and commercial activities) and clarifying that the Archbishop controls the trustees."}},"importantCases":[],"_links":{"self":"/api/acts/roman-catholic-church-property-act-1932","history":"/api/acts/roman-catholic-church-property-act-1932/history","analysis":"/api/acts/roman-catholic-church-property-act-1932/analysis","conflicts":"/api/acts/roman-catholic-church-property-act-1932/conflicts","importantCases":"/api/acts/roman-catholic-church-property-act-1932/important-cases","documents":"/api/acts/roman-catholic-church-property-act-1932/documents"}}