{"id":"a-1937-2","name":"Roman Catholic Church Property Trust Act 1937","slug":"roman-catholic-church-property-trust-act-1937","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"2 of 1937","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24266,"registerId":"act-a-1937-2-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Roman Catholic Church Property Trust Act 1937","content":"Australian Capital Territory\nRoman Catholic Church Property\nTrust Act 1937 No 2\nRepublication No 3\nRepublication date: 21 August 2002\nLast amendment made by Act 2001 No 44\nAmendments incorporated to 12 September 2001\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Roman Catholic Church Property Trust Act 1937 (including\nany amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in\nforce on 21 August 2002. It also includes any amendment, repeal or expiry affecting the\nrepublished law to 12 September 2001.\nThe legislation history and amendment history of the republished law are set out in\nendnotes 3 and 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see\nthe ACT legislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been\nmade by an Act commencing on the republication date (see Legislation Act 2001, s 115\nand s 117). The changes are made if the Parliamentary Counsel considers they are\ndesirable to bring the law into line, or more closely into line, with current legislative\ndrafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an\nuncommenced amendment, the symbol U appears immediately before the provision\nheading. The text of the uncommenced provision or amendment appears only in the last\nendnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision\nappears in the endnotes. For the legal status of modifications, see Legislation Act 2001,\nsection 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication\ndate is—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendments incorporated to\n12 September 2001\nAustralian Capital Territory\nRoman Catholic Church Property\nTrust Act 1937\nContents\nPage\n1 Name of Act 2\n2 Definitions for Act 2\n2A Application of Legislation Act 3\n3 Trustees for the diocese 3\n4 Trustees to be a body corporate 3\n5 Common seal and quorum 3\n6 Vacancies and membership 4\n6A Objects of trust 4\n7 Vesting of church trust property 4\n8 Powers of trust 5\n8A Variation of trusts 6\n8B Blending of trust funds 7\n9 Execution of instruments 7\n\nContents\nPage\ncontents 2 Roman Catholic Church Property Trust Act 1937 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Protection of purchasers etc 8\n11 Evidence 10\n12 Trusts preserved 10\nEndnotes\n1 About the endnotes 11\n2 Abbreviation key 11\n3 Legislation history 12\n4 Amendment history 13\n5 Earlier republications 14\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendments incorporated to\n12 September 2001\nAustralian Capital Territory\nRoman Catholic Church Property\nTrust Act 1937\nAn Act relating to property held upon any trust for or for the use, benefit or\npurposes of the Roman Catholic Church in the Australian Capital Territory\n\nSection 1\npage 2 Roman Catholic Church Property Trust Act 1937 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Roman Catholic Church Property Trust Act\n1937.\n2 Definitions for Act\nIn this Act:\nNote A definition applies except so far as the contrary intention appears\n(see Legislation Act 2001, s 155).\nBishop means the person for the time being administering the\nArchdiocese of Canberra and Goulburn whether as Archbishop,\nCoadjutor Archbishop, Coadjutor Bishop, Auxiliary Bishop,\nVicar Capitular or Administrator.\nChurch means the Roman Catholic Church.\nchurch trust property means land situated in the ACT, for the\ntime being subject to any trust created, before or after the\ncommencement of this Act, for the Church or for the use or\nbenefit or for any purpose of the Church, but does not include\nland held on any trust, created, before or after the\ncommencement of this Act, for any order or community of the\nChurch or for any association of members of the Church for the\nuse or benefit of, or for any purpose of, any such order,\ncommunity or association.\ndiocesan consultors means the Diocesan Consultors for the\ntime being of the diocese.\ndiocese means the Archdiocese of Canberra and Goulburn.\nland includes tenements and hereditaments, corporeal and\nincorporeal, and every estate and interest therein whether vested\nor contingent, freehold or leasehold, and whether at law or in\nequity.\nthe trust means the body corporate created by section 4.\n\nSection 2A\nR3 Roman Catholic Church Property Trust Act 1937 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2A Application of Legislation Act\nThe Legislation Act 2001 does not apply to instruments made by\nthe trust.\n3 Trustees for the diocese\nThere shall be trustees of church trust property, who shall be the\nBishop of the diocese and the diocesan consultors of the\ndiocese.\n4 Trustees to be a body corporate\n(1) The trustees of church trust property shall, under this Act, be a\nbody corporate, having perpetual succession and a common\nseal, and be capable of acquiring, holding and disposing of any\nproperty, real or personal, and of suing and be sued in its\ncorporate name, and of doing and suffering all such acts and\nthings as bodies corporate may by law do or suffer.\n(2) The corporate name of the trustees of church trust property shall\nbe the trustees of the Roman Catholic Church for the\nArchdiocese of Canberra and Goulburn.\n5 Common seal and quorum\n(1) The Bishop shall have the custody of the common seal of the\ntrust, and the form of such seal and all other matters relating to\nit shall be from time to time determined at meetings of the trust.\n(2) The Bishop and 2 other members of the trust shall constitute a\nquorum for the purpose of any meeting of the trust.\n(3) Every meeting of the trust at which a quorum is present shall be\ncompetent to transact any business of the trust.\n(4) The common seal of the trust shall not be attached to any\ninstrument except in pursuance of a resolution passed at a\nmeeting of the trust.\n\nSection 6\npage 4 Roman Catholic Church Property Trust Act 1937 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) Every instrument to which the common seal is so attached shall\nbe signed by the Bishop.\n6 Vacancies and membership\n(1) Subject to this section, no capacity or power of the trust shall be\naffected by the existence of vacancies in its membership.\n(2) If for any reason a quorum of the trust cannot be constituted, all\npowers exercisable by the trust and its capacity for doing any\nact or thing shall be suspended, but shall, under this Act, revive\nas soon as a quorum of the trust is capable of being constituted.\n6A Objects of trust\nThe objects of the trust include—\n(a) the operation of educational, welfare and health\norganisations and bodies; and\n(b) the advancement of the interests of the Church.\n7 Vesting of church trust property\n(1) All church trust property that at the commencement of this Act\nis situated within the ACT shall under this Act—\n(a) vest in the trust; and\n(b) be divested from the person in whom it was vested before\nthe commencement of this Act.\n(2) No vesting under this Act shall affect any encumbrance, lien,\nestate or interest to which, at the time of the vesting, the\nproperty so vested was subject in the hands of the person from\nwhom it was divested.\n(3) The trust shall become, jointly with the person liable at the time\nof the vesting, and, severally, liable under every contract,\nengagement and cause of action, in relation to the property\nvested, under which the person from whom the property was\ndivested was liable at the time of the vesting.\n\nSection 8\nR3 Roman Catholic Church Property Trust Act 1937 page 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The trust shall be liable to indemnify the person from whom the\nproperty was divested, his or her executors and administrators,\nagainst every claim, action, suit and other proceeding that shall\nbe made or taken in relation to any such contract engagement or\ncause of action.\n(5) The person from whom the property was divested shall have a\ncharge or lien on the property divested to the extent to which\nand in the circumstances in which the charge or lien would have\nattached if the property had not been divested; but the charge or\nlien, or possibility of it, shall, in favour of a person dealing for\nvalue with the trust, be deemed to have been extinguished\nunless the person entitled to it has, within 6 months after the\ncommencement of this Act, given written notice to the trust of\nits existence or of the possibility of its arising.\n(6) A statement under the common seal of the trust that no such\nnotice has been received within such period shall be conclusive\nevidence of the fact so stated in favour of any person dealing for\nvalue with the trust in relation to the divested property.\n8 Powers of trust\nThe trust shall have power—\n(a) to purchase, take on lease, or acquire by gift, devise,\nbequest, exchange or otherwise any real or personal\nproperty; and\n(b) for any church trust property, at any time vested in it and\nsubject to the covenants and conditions under which the\nproperty is held—\n(i) to sell it, and to exchange it for other land, and to\ntransfer or convey church trust property so sold or\nexchanged to the purchaser or person taking in\nexchange, freed and discharged from all trusts\naffecting the same in the hands of the trust; and\n\nSection 8A\npage 6 Roman Catholic Church Property Trust Act 1937 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) to demise or let it for the term at the rent and with or\nwithout taking a premium, fine or foregift and subject\nto the provisions that the trust considers appropriate;\nand\n(iii) to accept surrender of leases, on the terms and subject\nto the conditions that the trust considers appropriate;\nand\n(iv) to raise money on the security of it on the terms and\nconditions that the trust considers appropriate; and\n(v) to declare trusts of it or any estate or interest in it\ncreated by the trust for any order or community of the\nChurch, or for any association of members of the\nChurch, or for the use or benefit of or for any purpose\nof any such order, community or association, and\neither to keep the property in relation to which trusts\nare declared, or to vest it, or any estate or interest\ncreated, in other trustees on the trusts declared; and\n(c) for any purpose mentioned in this section, to execute all\ninstruments that the trust considers proper.\n8A Variation of trusts\n(1) If the trust is satisfied that it has become impossible or\ninexpedient to carry out the terms of a trust of property vested in\nit, it may, by instrument, declare that it is so satisfied.\n(2) The trust may, by the same instrument, declare that the property\nis subject to another trust and, on the making of such a\ndeclaration—\n(a) the trust that is to be replaced ceases; and\n(b) the property is to be held subject to the other trust.\n(3) In making a declaration under subsection (2), the trust shall\nensure that the property is dealt with as nearly as is possible for\n\nSection 8B\nR3 Roman Catholic Church Property Trust Act 1937 page 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nthe purposes for which it was held immediately before the\ndeclaration.\n(4) If the trust is satisfied that it is impossible or inexpedient to deal\nwith the property in accordance with subsection (3) because of\ncircumstances arising after the creation of the trust to be\nreplaced, it may, by the instrument referred to in subsection\n(1)—\n(a) declare that it is so satisfied; and\n(b) declare purposes for which the property may be held,\ndisposed of or otherwise dealt with or applied for the use\nor benefit of the Church.\n(5) On the execution of an instrument referred to in subsection (1)\nthat contains a declaration under subsection (4) (b), the trust\nmay hold, dispose of or otherwise deal with or apply the\nproperty for the purposes specified in that declaration.\n8B Blending of trust funds\n(1) The trust may invest trust funds held by it for different purposes\nor activities, or any part of those funds, as 1 fund (a blended\nfund).\n(2) Any income arising from the investment of a blended fund shall\nbe distributed rateably for the benefit of carrying out the several\npurposes or activities for which the money invested is held in\ntrust.\n(3) Any loss arising from the investment of a blended fund shall be\ndistributed rateably among the several purposes or activities for\nwhich the money invested is held in trust.\n9 Execution of instruments\nEvery instrument bearing what purports to be the common seal\nof the trust and purporting to be signed by the Bishop shall, in\nfavour of every person claiming, for value and in good faith,\n\nSection 10\npage 8 Roman Catholic Church Property Trust Act 1937 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nunder or through that instrument, be conclusively presumed to\nhave been duly executed by the trust.\n10 Protection of purchasers etc\n(1) A purchaser, mortgagee, lessee or other person dealing with the\ntrust, and the registrar-general, the chief solicitor or any other\nperson registering or certifying title shall not, on any sale,\nexchange, mortgage, lease or other dealing purporting to be\nmade under a power given by this Act be concerned to see or\ninquire into the necessity for or propriety of it, or the mode of\nexercising it, or be affected by notice that the exercise of the\npower is unauthorised, irregular or improper, and a receipt for\nany money payable to the trust, signed by the Bishop, shall be a\nsufficient discharge in favour of, and shall exonerate the person\npaying the money from all responsibility for the application of\nthe money.\n(2) If—\n(a) an instrument purports to have been executed in the\nexercise of a power given by this Act, and to pass or create\nan estate or interest in land described in the instrument as\nbeing church trust property; and\n(b) the land which the instrument purports to pass or affect is\nnot, in fact, under the provisions of the Land Titles Act\n1925, or the Real Property Act 1900 (NSW) in its\napplication to the Territory; and\n(c) the instrument is executed by the trust in accordance with\nthe requirements of this Act; and\n(d) the instrument is registered under the provisions of the\nRegistration of Deeds Act 1897 (NSW) in its application to\nthe Territory;\nthe instrument shall—\n\nSection 10\nR3 Roman Catholic Church Property Trust Act 1937 page 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) in favour of every person claiming any estate or interest\nunder or through the instrument, be conclusive evidence\nagainst the trust that the land described in the instrument as\nbeing church trust property was church trust property at the\ntime of the execution of the instrument, and that the trust\nhad, at the time of the execution of the instrument, an\nestate or interest in the land so described sufficient to make\nthe instrument effective to pass or create the estate or\ninterest which the instrument purported to pass or create;\nand\n(f) in favour of every person claiming any estate or interest\nunder or through the instrument and having taken for\nvalue, without notice that the land in which the instrument\npurports to create an estate or interest was not church trust\nproperty or that the trust had not an estate or interest\nsufficient to make the instrument effective to pass or create\nthe estate or interest which the instrument purported to\npass or create, and in favour of every person claiming\nunder or through any person having so taken, as against\nevery person claiming under or through an instrument\nexecuted before the commencement of this Act or under or\nthrough an instrument executed by the trust, and not in\neither such case registered under the Registration of Deeds\nAct 1897 (NSW) in its application to the Territory, before\nthe registration under that Act of the instrument by this\nsubsection made evidence, be conclusive evidence that the\nland described in the instrument so made evidence as being\nchurch trust property situated in the ACT, was at the time\nof the execution of that instrument so situated, and that at\nthe time of the execution of that instrument the trust had an\nestate or interest in the land so described sufficient to make\nthat instrument effective to pass or create the estate or\ninterest which that instrument purported to pass or create.\n(3) Any person, other than the trust, deprived of any estate or\ninterest in land by any such instrument as is mentioned in\n\nSection 11\npage 10 Roman Catholic Church Property Trust Act 1937 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nsubsection (2) may bring and prosecute an action for damages\nagainst the trust and any judgment recovered by the plaintiff in\nany such action shall be enforceable by execution against any\nreal or personal property for the time being vested in the trust,\nwhether church trust property or not, and any real or personal\nproperty taken by a purchaser on a sale in any such execution\nshall be free of all trusts affecting the same while vested in the\nexecution debtor, except a trust created by the Crown, and the\nproceeds of every such sale shall, in the hands of the sheriff and\nof the execution creditor, be free of all trusts to which it would\nbe subject in the hands of the execution debtor.\n11 Evidence\nA certificate under the common seal of the trust that the land\ndescribed in the certificate is situated within the ACT and is\nchurch trust property shall—\n(a) for the purpose of any application by the trust to be\nregistered as the proprietor pursuant to a vesting by this\nAct of any land under the provisions of the Land Titles Act\n1925, or the Real Property Act 1900 (NSW) in its\napplication to the Territory of which the trust is not the\nregistered proprietor, be conclusive evidence; and\n(b) in any action, suit or other proceeding, whether civil or\ncriminal, be prima facie evidence;\nof the facts so certified.\n12 Trusts preserved\n(1) All church trust property for the time being vested in the trust\nshall be held by it on the trusts (if any) expressly declared in\nrelation to it, and if no such trusts have been expressly declared,\non trust for the Church in the diocese.\n(2) The powers given by section 8 shall be exercisable in relation to\nall church trust property notwithstanding any trust or provision\naffecting it in the hands of the trust.\n\nEndnotes\nAbout the endnotes 1\nR3 Roman Catholic Church Property Trust Act 1937 page 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and\nthe amendment history. Current modifications are not included in the\nrepublished law but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3\nare annotated in the amendment history. Full details of any amendments can\nbe obtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation\nhistory and the amendment history. These details are underlined.\nUncommenced provisions and amendments are not included in the\nrepublished law but are set out in the last endnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\nIf the republished law includes penalties, current information about penalty\nunit values appears on the republication inside front cover.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter p = page\ncl = clause par = paragraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly prov = provision\ndiv = division pt = part\nexp = expires/expired r = rule/subrule\nGaz = Gazette reg = regulation/subregulation\nhdg = heading renum = renumbered\nIA = Interpretation Act 1967 reloc = relocated\nins = inserted/added R[X] = Republication No\nLA = Legislation Act 2001 s = section/subsection\nLR = legislation register sch = schedule\nLRA = Legislation (Republication) Act 1996 sdiv = subdivision\nmod = modified / modification sub = substituted\nNo = number SL = Subordinate Law\nnum = numbered underlining = whole or part not commenced\no = order or to be expired\nom = omitted/repealed\n\nEndnotes\n3 Legislation history\npage 12 Roman Catholic Church Property Trust Act 1937 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Roman Catholic\nChurch Property Trust Ordinance 1937 No 2 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth),\ns 34 (4) converted most former Commonwealth ordinances in force in the\nACT into ACT enactments. This allowed the ACT Legislative Assembly to\namend and repeal the laws. This Act was converted into an ACT enactment\non 11 May 1989 (self-government day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989\nA1989-21, s 5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),\ns 12).\nLegislation before becoming Territory enactment\nRoman Catholic Church Property Trust Act 1937 A1937-2\nnotified 18 February 1937\ncommenced 18 February 1937\nas amended by\nRoman Catholic Church Property Trust Ordinance 1938\nOrd1938-11\nnotified 17 March 1938\ncommenced 17 March 1938\nSeat of Government (Designation) Ordinance 1938 Ord1938-25 s\n2\nnotified 8 September 1938 (Cwlth Gaz 1938 No 53)\ns 2 commenced 8 September 1938\nOrdinances Revision Ordinance 1938 Ord1938-35\nnotified 15 December 1938\ncommenced 15 December 1938\nRoman Catholic Church Property Trust Ordinance 1961\nOrd1961-17\nnotified 20 July 1961\nss 3 and 4 taken to have commenced 11 February 1948 (s 2)\nremainder commenced 20 July 1961\n\nEndnotes\nAmendment history 4\nR3 Roman Catholic Church Property Trust Act 1937 page 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation after becoming Territory enactment\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64\nsch 1\nnotified 6 September 1993 (Gaz 1993 No S172)\ns 1, s 2 commenced 6 September 1993 (s 2 (1))\nsch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No\nS207)\nLand Titles (Consequential Amendments) Act 1995 A1995-54 sch\npt 1\nnotified 20 December 1995 (Gaz 1995 No S313)\ncommenced 20 June 1996 (s 2)\nRoman Catholic Church Property Trust (Amendment) Act 1996\nA1996-88\nnotified 20 December 1996 (Gaz 1996 No S328)\ncommenced 20 December 1996 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt\n351\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 351 commenced 12 September 2001 (s 2 and see Gaz 2001 No\nS65)\n4 Amendment history\nTitle\ntitle am Ord1938-25\nName of Act\ns 1 hdg am R3 LA\ns 1 am R3 LA\nDefinitions for Act\ns 2 def Bishop sub Ord1961-17 s 3\ndef diocese sub Ord1961-17 s 3\nApplication of Legislation Act\ns 2A ins A2001-44 amdt 1.3826\nTrustees to be a body corporate\ns 4 am Ord1961-17 s 4\nCommon seal and quorum\ns 5 am A1996-88 s 4\n\nEndnotes\n5 Earlier republications\npage 14 Roman Catholic Church Property Trust Act 1937 R3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nObjects of trust\ns 6A ins A1996-88 s 5\nPowers of trust\ns 8 am Ord1938-11 s 2\nVariation of trusts\ns 8A ins A1996-88 s 6\nBlending of trust funds\ns 8B ins A1996-88 s 6\nExecution of instruments\ns 9 am A1996-88 s 7\nProtection of purchasers etc\ns 10 am A1993-64 sch 1; A1995-54 sch\nEvidence\ns 11 am Ord1938-35 sch 2; A1993-64 sch 1; A1995-54 sch\nValidation of grants\ns 13 om Ord1938-11 s 3\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1\nrefers to the publication order.\nSince 12 September 2001 every authorised republication has been published\nin electronic pdf format on the ACT legislation register. A selection of\nauthorised republications have also been published in printed format. These\nrepublications are marked with an asterisk (*) in column 1. Except for the\nfooter, electronic and printed versions of an authorised republication are\nidentical.\nRepublication No Amendments to Republication date\n1 Ord1961-17 31 August 1991\n2 A1996-88 31 January 1998\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at\nwww.legislation.act.gov.au\n© Australian Capital Territory 2002","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1937 ordinance appears to have been a straightforward property vesting and management statute. However, amendments over time—particularly the 1996 amendments (Act 1996 No 88)—significantly expanded the scope by adding: (1) section 6A specifying objects of trust including educational, welfare and health organisations; (2) section 8A allowing variation of trusts (cy-près-like powers); and (3) section 8B allowing blending of trust funds. These provisions moved the Act beyond simple property holding into active trust management and investment pooling, effectively giving the Church broader powers to repurpose charitable trusts and commingle funds that would traditionally have been kept separate."},"complexity_factors":["Relatively short statute (12 substantive sections plus definitions)","Only 7 defined terms in section 2","Contains some archaic legal language ('tenements and hereditaments', 'demise', 'foregift')","Section 10 contains complex nested subsections with multiple conditions for protecting purchasers (subsection 10(2) has 6 lettered paragraphs with cross-references to other Acts)","Cross-references to three other Acts: Land Titles Act 1925, Real Property Act 1900 (NSW), and Registration of Deeds Act 1897 (NSW)","Some conditional logic regarding vesting of property and liability (sections 7(2)-(6))","Exception in definition of 'church trust property' excluding religious orders and associations"],"plain_english_summary":"This law creates a permanent corporate trustee for the Roman Catholic Archdiocese of Canberra and Goulburn to hold and manage church property, giving that body legal capacity to own, buy, sell, lease, mortgage and invest land and funds. It stabilises title and protects people who deal in good faith with the Church (buyers, lenders), while excluding property held for religious orders or separate church associations."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been extended since the 1937 origin by later amendments: explicit objects were added (s 6A), administrative powers to vary trusts (s 8A) and to blend trust funds (s 8B) were inserted, governance details were updated (s 5) and procedural interaction with registration statutes was clarified (ss 9–11). These amendments broaden trustee powers, create new financial‑management mechanisms and clarify registration/evidence effects compared with the original ordinance."},"complexity_factors":["Statutory creation of a corporate trustee combining an officeholder (Bishop) and consultors (ss 3–4) creates governance and succession rules.","Automatic vesting and divestment of pre-existing church trust land with indemnity and joint/several liability for existing contracts (s 7(1),(3)–(4)).","Preservation, extinguishment and notice regime for prior charges/lien (6‑month written notice requirement) affects secured creditors and third‑party purchasers (s 7(5)–(6)).","Broad property powers (acquire, sell, lease, raise money, declare trusts) with ability to transfer free of prior trusts in the hands of the trust (s 8(b)(i)–(v)).","Power to vary or replace trusts where performance is impossible or inexpedient, with a general ‘as nearly as possible’ limitation and fallback purposes (s 8A(1)–(5))—creates administrative discretion and implementation risk.","Blending of funds across distinct trusts and rateable allocation of income/losses introduces accounting and allocation complexity (s 8B).","Strong protections for purchasers and registrars, including conclusive presumptions about execution under seal and registration consequences that limit inquiry into propriety (ss 9–11, 10(1)–(2)).","Interplay with multiple land registration statutes and registration requirements increases legal complexity for conveyancers (see ss 10(2), 11 and amendment history referencing Land Titles/Registration Acts).","Operational rules (common seal custody, quorum, suspension of powers if quorum impossible) create procedural dependency on a small decision‑making body (s 5–6).","Exceptions in definitions (excludes orders/communities/associations from 'church trust property') affect scope of application and require careful classification of property (s 2 definition of church trust property)."],"plain_english_summary":"The Act creates a corporate trustee made up of the Bishop and diocesan consultors and vests in it land in the ACT held for Roman Catholic Church purposes. It gives that trustee statutory powers to acquire, sell, lease, mortgage, vary trusts, blend trust funds and indemnify prior holders, and sets strong evidentiary and registration protections for purchasers and registrars. It affects the Church, parties dealing with church land, creditors and registrars by reallocating legal ownership, allocating liabilities and reducing the need for third parties to investigate title."}},"importantCases":[],"_links":{"self":"/api/acts/roman-catholic-church-property-trust-act-1937","history":"/api/acts/roman-catholic-church-property-trust-act-1937/history","analysis":"/api/acts/roman-catholic-church-property-trust-act-1937/analysis","conflicts":"/api/acts/roman-catholic-church-property-trust-act-1937/conflicts","importantCases":"/api/acts/roman-catholic-church-property-trust-act-1937/important-cases","documents":"/api/acts/roman-catholic-church-property-trust-act-1937/documents"}}