{"id":"roman-catholic-church-property-acts-amendment-act-1916","name":"Roman Catholic Church Property Acts Amendment Act 1916","slug":"roman-catholic-church-property-acts-amendment-act-1916","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109958,"registerId":"wa-roman-catholic-church-property-acts-amendment-act-1916-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Roman Catholic Church Property Acts Amendment Act 1916","content":"![Crest]()Western Australia\n\nRoman Catholic Church Property Acts Amendment Act 1916\n\nWestern Australia\n\nRoman Catholic Church Property Acts Amendment Act 1916\n\nContents\n\n1. Short title 2\n\n2. “Diocese” to be interpreted to mean Archdiocese 2\n\n3. Powers of Bishop of Perth to be exercised by Archbishop 2\n\n4. Power to sell, lease and mortgage lands 2\n\n5. Certain sales, etc., validated 4\n\nSchedule — Church property Acts\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nRoman Catholic Church Property Acts Amendment Act 1916\n\nAn Act to further amend the Acts relating to the property of the Roman Catholic Church.\n\nPreamble\n\nWhereas the Diocese of Perth has been created into an Archdiocese; And whereas the Archbishop of the said Archdiocese is now carrying out the powers and duties formerly carried out by the Roman Catholic Bishop of Perth; And whereas it is necessary that the said Archbishop should be enabled to exercise the powers and duties in respect of all lands situated within his Archdiocese and belonging to the Roman Catholic Church to all intents and purposes as if he were the Roman Catholic Bishop of the Diocese of Perth:\n\n##### 1. Short title\n\nThis Act may be cited as the *Roman Catholic Church Property Acts Amendment Act 1916* 1.\n\n##### 2. “Diocese” to be interpreted to mean Archdiocese\n\nThe expression Diocese of Perth, wherever mentioned in the Acts mentioned in the Schedule, shall mean and include “The Archdiocese of Perth.”\n\n##### 3. Powers of Bishop of Perth to be exercised by Archbishop\n\nThe title “Roman Catholic Bishop of the Diocese of Perth” shall mean and include “The Archbishop of the Archdiocese of Perth,” and all acts, matters, and things that might or could be done and performed by the Roman Catholic Bishop of the Diocese of Perth may from time to time be done and performed by the Archbishop of the said Archdiocese for the time being, as a corporation sole by the name of “The Roman Catholic Archbishop of Perth 2”.\n\n[Section 3 amended: No. 67 of 1972 s. 13.]\n\n##### 4. Power to sell, lease and mortgage lands\n\n(1) Notwithstanding anything contained in the Acts mentioned in the Schedule, the Archbishop of the Archdiocese of Perth in his corporate name of “The Roman Catholic Archbishop of Perth” may, subject to this section, acquire, hold and dispose of real and personal property as if he were a natural person beneficially entitled to such property.\n\n(2) Without limiting the generality of subsection (1) The Archbishop of the Archdiocese of Perth in his corporate name may —\n\n(a) purchase or acquire by exchange or in any other manner and whether subject to or free from any conditions, any interest in any property;\n\n(b) sell, give, exchange, lease or dispose of in any other manner whether subject to, or free from, any condition, any interest in any property;\n\n(c) mortgage whether legally or equitably, or otherwise encumber in any manner any interest in any property whether or not the property is vested in him upon any trust or otherwise, by way of security for —\n\n(i) the advance of moneys to be used for any purpose; or\n\n(ii) the performance of any other obligation undertaken by him in his corporate name,\n\nincluding the granting of any fixed or floating legal or equitable charge over any or all of such property;\n\n(d) covenant or agree to pay any money or to perform any other obligation or guarantee the payment of money or the performance of any other obligation without giving security in respect thereof;\n\n(e) enter alone or with another or others into any partnership, syndicate, joint venture or other transaction whether for the purpose of profit or otherwise;\n\n(f) become a member of a company whether incorporated in the State or otherwise, or any other body corporate and may become or nominate a director or any officer of such a company or other body corporate;\n\n(g) compound, release or settle claims by or against him in his corporate name, whether in contract or tort, including agreeing the amount of any compensation payable in respect of the compulsory acquisition under the *Public Works Act 1902*, or otherwise of any property vested in him in his corporate name, or agreeing to exchange any such property in lieu of such compensation or part thereof.\n\n(3) Any land mortgaged or otherwise encumbered pursuant to subsection (2)(c) shall, if such land is sold, or if the mortgagee or encumbrancee exercises his power of foreclosure pursuant to the mortgage or encumbrance, be freed and absolutely discharged from the trusts upon which the land may, for the time being, be held by the Archbishop.\n\n(4) None of the powers conferred by subsection (2)(a), (b) or (c) shall be exercised in respect of any lands which have been granted by the Crown to or for the use of the Roman Catholic Church and which are vested in the Archbishop, except with the prior approval of the Governor.\n\n(5) Subject to subsection (4), no purchaser, mortgagee or lessee of any such lands shall be bound or concerned to inquire whether any power of sale, mortgage, or lease was duly and regularly made or exercised, or in anywise to see to the application of any purchase, mortgage or other moneys, or to inquire into the necessity, regularity, or propriety of the sale, mortgage, or lease, or be affected by notice that it is irregular, unnecessary or improper.\n\n[Section 4 inserted: No. 67 of 1972 s. 14.]\n\n##### 5. Certain sales, etc., validated\n\nAll sales, mortgages, leases, and assurances of any such lands as aforesaid heretofore made or intended to be made in good faith by the said Archbishop in the said corporate name are hereby validated and confirmed.\n\n[**6.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\nSchedule — Church property Acts\n\n[s. 2 and 4(1)]\n\n[Heading amended: No. 19 of 2010 s. 4.]\n\nAn Ordinance for vesting Roman Catholic Church Lands in Western Australia in the Roman Catholic Bishop, Administrator, and his successors. (22 Victoriae, No. 4) 3.\n\nThe *Roman Catholic Church Lands Act 1895*;\n\nThe *Roman Catholic Church Lands Amendment Act 1902*;\n\nThe *Roman Catholic Church Property Act 1911*;\n\nThe *Roman Catholic Church Property Act Amendment Act 1912*.\n\nNotes\n\n1 This is a compilation of the *Roman Catholic Church Property Acts Amendment Act 1916* and includes the amendments made by the other written laws referred to in the following table 4.  The table also contains information about any previous reprint.\n\nCompilation table\n\n| **Short title** | | **Number and year** | | **Assent** | | **Commencement** |\n| --- | --- | --- | --- | --- | --- | --- |\n| *Roman Catholic Church Property Acts Amendment Act 1916* | | 4 of 1916 | | 17 Nov 1916 | | 17 Nov 1916 |\n| *Acts Amendment (Roman Catholic Church Lands) Act 1972* Pt. IV | | 67 of 1972 | | 16 Nov 1972 | | 16 Nov 1972 |\n| **Reprint of the *Roman Catholic Church Property Acts Amendment Act 1916* as at 13 Jul****1988**  (includes amendments listed above) | | | | | | |\n| *Standardisation of Formatting Act 2010* s. 4 | 19 of 2010 | | 28 Jun 2010 | | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | |\n\n\n2 As to this corporation sole see also *Roman Catholic Church Property Act 1911* s. 4(1).\n\n3 Now cited as the *Roman Catholic Church Lands Ordinance 1858.*\n\n4 This Act affects the following written laws:\n\n *Roman Catholic Church Lands Ordinance 1858*\n\n *The Roman Catholic Church Lands Act 1895*\n\n *Roman Catholic Church Lands Amendment Act 1902*\n\n *Roman Catholic Church Property Act 1911*\n\n *Roman Catholic Church Property Act Amendment Act 1912.*\n\nOther relevant Acts:\n\n\t\t*Roman Catholic Geraldton Church Property Act 1925*\n\n *Roman Catholic New Norcia Church Property Act 1929*\n\n *Roman Catholic Bunbury Church Property Act 1955*\n\n *Roman Catholic Bishop of Broome Property Act 1957.*\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nDiocese of Perth 2\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1916 Act was narrowly focused on updating terminology after the Diocese became an Archdiocese (sections 1-3 and 5). However, the 1972 amendment (No. 67 of 1972) inserted section 4, which dramatically expanded the scope from mere administrative housekeeping to granting the Archbishop extensive commercial powers—including forming joint ventures, becoming a company director, and creating floating charges—that go well beyond the original intent of simply enabling the new Archbishop to exercise the old Bishop's powers. This transformed the Act from a simple title-update mechanism into a comprehensive commercial empowerment statute for the Catholic Church in WA."},"complexity_factors":["Short statute (5 substantive sections plus schedule)","Simple mechanical amendments (word substitutions in existing Acts)","Single defined term ('Diocese of Perth')","Clear conditional logic limited to one approval requirement (Governor's consent for Crown-granted lands in s.4(4))","Extensive but straightforward powers listing in s.4(2) (7 sub-paragraphs covering standard property transactions)","Cross-references limited to Schedule listing 4 predecessor Acts","No nested exceptions or complex temporal provisions","1972 amendment added substantive powers but in plain commercial language"],"plain_english_summary":"This Western Australian law updates old church property laws to reflect that the Catholic Diocese of Perth became an Archdiocese in 1915. It swaps out references to \"Bishop\" for \"Archbishop\" and \"Diocese\" for \"Archdiocese\" in earlier laws dating back to 1858. The main practical effect is giving the Archbishop of Perth (acting as a corporation sole—a legal entity consisting of one person) broad powers to buy, sell, lease, mortgage, and manage church property as if he were a private individual. However, there's a safeguard: if the land was originally granted by the Crown (government) specifically for church use, the Archbishop needs the Governor's approval before selling, leasing, or mortgaging it. The law also protects innocent buyers and lenders by saying they don't need to check if the Archbishop followed internal church rules when making deals. Finally, it validates past transactions made by the Archbishop that might have been legally questionable before this Act passed."},"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":3,"scope_assessment":{"changed":true,"description":"The Act expands the legal scope of existing church property statutes by substituting the Archdiocese of Perth and its Archbishop for the former Diocese and Bishop (Preamble; s.2–3), and by granting the Archbishop extensive statutory powers to acquire, dispose of and encumber property as if he were a natural person (s.4). It also narrows some safeguards by requiring Governor approval only for Crown‑granted lands (s.4(4)) while protecting purchasers and mortgagees from inquiry (s.4(5))."},"complexity_factors":["Cross‑references to several earlier Acts and a Schedule listing those Acts (Schedule; Preamble).","Legal concept of a corporation sole converting ecclesiastical office into property‑holding capacity (s.3).","Broad, open‑ended transactional powers granted to the Archbishop resembling those of a natural person (s.4(1)–(2)).","Specific limitation and executive discretion: Governor approval required for Crown‑granted lands (s.4(4)).","Validation clause confirming prior sales, mortgages and leases (s.5) and a clause freeing trusts on sale/foreclosure (s.4(3)).","Protections for third parties against inquiry into regularity of transactions (s.4(5))."],"plain_english_summary":"This Act updates earlier Roman Catholic Church property laws so that references to the Diocese of Perth apply to the Archdiocese of Perth, and authorises the Archbishop (as a corporation sole) to exercise the Bishop’s property powers. It allows the Archbishop to buy, sell, lease, mortgage, give guarantees, join companies or partnerships and validate past transactions (ss.2–5). The Governor’s prior approval is required for dealings in Crown‑granted church lands (s.4(4)), and purchasers or mortgagees are protected from inquiry (s.4(5))."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not retrievable from the provided source. The page is no longer available on the Western Australian legislation website."},"complexity_factors":["No actual legislative text is available for analysis — the source page returned a 404-style error message","Historical legislation from 1916 may use archaic legal drafting language if text were available","Amendment acts can be complex to interpret without reference to the principal Act being amended","Religious property law involves intersection of ecclesiastical (church) and civil law frameworks"],"plain_english_summary":"## Roman Catholic Church Property Acts Amendment Act 1916 (WA)\n\n**⚠️ Content Unavailable**\n\nThe actual text of this legislation could not be retrieved. The source page on the Western Australian legislation website is no longer available due to system upgrades.\n\n**What we can infer:**\n- This is a **1916 Western Australian Act** that amended earlier laws governing how the Roman Catholic Church could hold and manage property in Western Australia.\n- Property Acts of this type typically dealt with how religious bodies (as organisations, not individuals) could legally own land and buildings — since churches aren't individual people, special laws were needed to let them hold property.\n- An amendment act modifies an existing law rather than creating an entirely new framework.\n\n**To find the actual text**, visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search for the Act by name."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/roman-catholic-church-property-acts-amendment-act-1916","history":"/api/acts/roman-catholic-church-property-acts-amendment-act-1916/history","analysis":"/api/acts/roman-catholic-church-property-acts-amendment-act-1916/analysis","conflicts":"/api/acts/roman-catholic-church-property-acts-amendment-act-1916/conflicts","importantCases":"/api/acts/roman-catholic-church-property-acts-amendment-act-1916/important-cases","documents":"/api/acts/roman-catholic-church-property-acts-amendment-act-1916/documents"}}