{"id":"roman-catholic-geraldton-church-property-act-1925","name":"Roman Catholic Geraldton Church Property Act 1925","slug":"roman-catholic-geraldton-church-property-act-1925","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109964,"registerId":"wa-roman-catholic-geraldton-church-property-act-1925-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Roman Catholic Geraldton Church Property Act 1925","content":"![Crest]()Western Australia\n\nRoman Catholic Geraldton Church Property Act 1925\n\nWestern Australia\n\nRoman Catholic Geraldton Church Property Act 1925\n\nContents\n\n1. Short title 1\n\n2. Interpretation 1\n\n3. Certain property vested in Bishop of Geraldton 1\n\n4. Bishop of Geraldton to be a corporation sole 2\n\n5. Power to mortgage 2\n\n6. Purchasers, etc., protected from certain irregularities 2\n\n7. Land titles, registration and fees 3\n\nSchedule — Land vested in Bishop of Geraldton\n\nNotes\n\nCompilation table 5\n\nDefined terms\n\n  \n\nWestern Australia\n\nRoman Catholic Geraldton Church Property Act 1925\n\nAn Act to vest in the Roman Catholic Bishop of Geraldton land and other property belonging to the Diocese of Geraldton, and for other relative purposes.\n\n##### 1. Short title\n\nThis Act may be cited as the *Roman Catholic Geraldton Church Property Act 1925* 1.\n\n##### 2. Interpretation\n\nIn this Act the word Property includes property of every kind whatsoever, both legal and equitable, real and personal, and choses in action.\n\n##### 3. Certain property vested in Bishop of Geraldton\n\nThe lands comprised in the instruments of title set out in the schedule hereto, and all other property now or hereafter belonging to the Diocese of the Roman Catholic Church known as the Diocese of Geraldton, or vested in any person as trustee on account of the said Church in the said Diocese (including all lands the property of such Church standing in the name of the late William Bernard Kelly, the late Roman Catholic Bishop of Geraldton, or in the name of Richard Ryan, the present Roman Catholic Bishop of Geraldton), shall, by virtue hereof, vest absolutely in the Roman Catholic Bishop for the time being of the said Diocese, and his successors in office, subject to all trusts and dispositions respectively affecting the same.\n\n##### 4. Bishop of Geraldton to be a corporation sole\n\nFor the purposes of this Act the said Bishop for the time being shall be a corporation sole, by the name of “The Roman Catholic Bishop of Geraldton,” with perpetual succession and a common seal, and by and in that name may sue and be sued, and shall have power to purchase, take, and hold property, and (subject to the trusts and dispositions aforesaid) to sell, mortgage, lease, or dispose of any property hereby vested, and may, in respect of any real or leasehold property vested, exercise all powers conferred on the Bishop for the time being administering the ecclesiastical affairs of the Roman Catholic Church of Western Australia, and his successors in office, by the *Roman Catholic Church Lands Act 1895*.\n\n##### 5. Power to mortgage\n\nIn addition to the powers of mortgaging contained in the said *Roman Catholic Church Lands Act 1895*, it shall be lawful for the said the Roman Catholic Bishop of Geraldton to mortgage any lands for the time being vested in him, for the purpose of raising moneys to pay and discharge debts now or which may hereafter be incurred, and which are now or may hereafter be secured by mortgages on such lands, or any of them, and for the purpose of raising moneys for the purchase of any lands, and for any other purpose or purposes whatsoever that the said Bishop may deem necessary from time to time.\n\n##### 6. Purchasers, etc., protected from certain irregularities\n\nNothing in this Act, or in the *Roman Catholic Church Lands Act 1895*, contained shall be deemed or construed to make it necessary for any purchaser, mortgagee, or lessee 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 moneys raised under the authority of this Act, or to inquire into the necessity, regularity, or propriety of any such sale, mortgage, or lease, or be affected by notice that the same is or are irregular, unnecessary, or improper, or by notice of any trusts or equities affecting the said lands or any of them.\n\n##### 7. Land titles, registration and fees\n\nThe vesting of any land by this Act in “The Roman Catholic Bishop of Geraldton” shall be registered and noted under the *Transfer of Land Act 1893* or the *Registration of Deeds Act 1856*, as the case may require, and on the document of title to such land, free of charge.\n\n[Section 7 amended: No. 60 of 2006 s. 155.]\n\nSchedule — Land vested in Bishop of Geraldton\n\n[s. 3]\n\n[Heading inserted: No. 19 of 2010 s. 31.]\n\nCertificates of title —\n\n| Volume 2 | Folio 225 | Volume 88 | Folio 127 | Volume 349 | Folio 39 |\n| --- | --- | --- | --- | --- | --- |\n| Voulume 2 | Folio 98 | Volume 99 | Folio 36 | Volume 387 | Folio 75 |\n| Volume 3 | Folio 146 | Volume 99 | Folio 42 | Volume 422 | Folio 156 |\n| Volume 4 | Folio 241 | Volume 99 | Folio 43 | Volume 445 | Folio 129 |\n| Volume 22 | Folio 358 | Volume 117 | Folio 180 | Volume 447 | Folio 127 |\n| Volume 22 | Folio 359 | Volume 118 | Folio 113 | Volume 447 | Folio 149 |\n| Volume 22 | Folio 362 | Volume 119 | Folio 98 | Volume 448 | Folio 41 |\n| Volume 23 | Folio 2 | Volume 130 | Folio 119 | Volume 448 | Folio 43 |\n| Volume 27 | Folio 246 | Volume 173 | Folio 30 | Volume 448 | Folio 44 |\n| Volume 28 | Folio 331 | Volume 176 | Folio 50 | Volume 448 | Folio 53 |\n| Volume 33 | Folio 286 | Volume 179 | Folio 126 | Volume 481 | Folio 71 |\n| Volume 33 | Folio 287 | Volume 182 | Folio 101 | Volume 482 | Folio 191 |\n| Volume 33 | Folio 288 | Volume 182 | Folio 102 | Volume 490 | Folio 71 |\n| Volume 34 | Folio 32 | Volume 182 | Folio 95 | Volume 502 | Folio 137 |\n| Volume 34 | Folio 31 | Volume 216 | Folio 100 | Volume 510 | Folio 171 |\n| Volume 34 | Folio 33 | Volume 228 | Folio 95 | Volume 510 | Folio 146 |\n| Volume 34 | Folio 34 | Volume 247 | Folio 168 | Volume 527 | Folio 199 |\n| Volume 34 | Folio 29 | Volume 249 | Folio 8 | Volume 535 | Folio 20 |\n| Volume 34 | Folio l30 | Volume 278 | Folio 49 | Volume 560 | Folio 54 |\n| Volume 34 | Folio 38 | Volume 280 | Folio 112 | Volume 616 | Folio 87 |\n| Volume 34 | Folio 111 | Volume 291 | Folio 70 | Volume 617 | Folio 53 |\n| Volume 34 | Folio 112 | Volume 297 | Folio 90 | Volume 680 | Folio 190 |\n| Volume 34 | Folio 113 | Volume 298 | Folio 3 | Volume 775 | Folio 14 |\n| Volume 34 | Folio 107 | Volume 299 | Folio 92 |  |  |\n\n\nCrown Leases — Numbers 1493/1910, 4918/1914, 252/1919, 253/1919, 254/1919, 255/1919, 256/1919, and Special Lease number 354/42.\n\nNotes\n\n1 This is a compilation of the *Roman Catholic Geraldton Church Property Act 1925* and includes the amendments made by the other written laws referred to in the following table 3. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Roman Catholic Geraldton Church Property Act 1925* | 9 of 1925 | 24 Sep 1925 | 24 Sep 1925 |\n| **Reprint 1 of the *Roman Catholic Geraldton Church Property Act 1925 as at 7 February 2003*** | | | |\n| *Land Information Authority Act 2006* s. 155 | 60 of 2006 | 16 Nov 2006 | 1 Jan 2007 (see s. 2(1) and *Gazette* 8 Dec 2006 p. 5369) |\n| *Standardisation of Formatting Act 2010* s. 31 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) |\n\n\n2 Footnote no longer applicable.\n\n3  Other relevant Acts:\n\n *Roman Catholic Church Lands Act 1895*\n\n *Roman Catholic Church Lands Amendment Act 1902.*\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\nProperty 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act retains its original core purpose: vesting diocesan property in the Bishop and giving the office the capacity to hold and deal with that property (s 3–5). Later compilations and minor amendments (notably a 2006 amendment providing registration/notation free of charge under land title legislation, s 7 as amended) are administrative updates and formatting standardisation (2010). Those do not represent a significant expansion beyond the Act's original scope."},"complexity_factors":["Short Act — 7 operative sections plus a Schedule","Single defined term: \"Property\" (s 2)","Cross-references to older statutes: Roman Catholic Church Lands Act 1895, Transfer of Land Act 1893, Registration of Deeds Act 1856","Broad, non-conditional language (e.g. vesting of 'all other property now or hereafter belonging' — s 3) rather than numerous exceptions","Schedule lists many specific certificate volumes/folios and Crown leases (administrative detail)","One substantive protective clause limiting third‑party inquiry obligations (s 6) which has practical legal effect but is not heavily conditional"],"plain_english_summary":"**What this law does (mechanics)\n\n- The Act transfers legal ownership of certain lands and all other property of the Roman Catholic Diocese of Geraldton to the sitting Roman Catholic Bishop of Geraldton and his successors (s 3). The transfer is \"absolute\" but subject to any trusts or dispositions already affecting the property (s 3).\n\n- It makes the Bishop a corporation sole called \"The Roman Catholic Bishop of Geraldton\": a perpetual legal entity that can hold property, sue and be sued, and use a common seal (s 4).\n\n- The Bishop is given explicit powers to buy, sell, mortgage, lease and otherwise deal with the property vested in him, and may exercise powers previously available under the Roman Catholic Church Lands Act 1895 (s 4).\n\n- The Act expressly authorises the Bishop to mortgage vested lands to raise money for paying or discharging debts, purchasing land, or for any other purpose the Bishop considers necessary (s 5).\n\n- Third parties dealing with the Bishop (purchasers, mortgagees, lessees) are protected from having to investigate whether the Bishop lawfully or properly exercised his sale, mortgage or lease powers. They are not required to \"see to the application\" of any money raised and are not disadvantaged by notices alleging irregularity or trust interests (s 6).\n\n- The vesting of land in the Bishop is to be recorded under the state's land registration statutes and the notation placed on the certificate of title free of charge (s 7).\n\n- The schedule lists specific certificates of title and Crown leases that are vested by the Act (Schedule).\n\nWho it affects\n\n- The sitting Roman Catholic Bishop of Geraldton and his successors: they receive consolidated legal title and expanded dealing powers (s 3–5).\n- The Roman Catholic Diocese of Geraldton: its property is brought under the Bishop's legal ownership (s 3).\n- Third parties (buyers, lenders, lessees) who transact in relation to the vested property: they gain legal protections and simplified dealings (s 6).\n- Beneficiaries of any trusts affecting diocesan property: their equitable interests remain recognised (s 3), but the protection for third parties limits other parties' ability to rely on notice of such trusts when dealing with the property (s 6).\n- The State land title office: asked to register the change of ownership and to do so without charging fees (s 7).\n\nWhy it matters (practical effects and incentives)\n\n- Consolidates title and administration: legal title moves from multiple trustees or named predecessors into a single, ongoing legal entity (the corporation sole), simplifying transaction paperwork and succession.\n\n- Increases borrowing and commercial flexibility: explicit mortgage and disposal powers and protection for lenders/purchasers reduce legal friction for secured borrowing and sales, which can make it easier for the diocese to raise capital or restructure assets (s 4–6).\n\n- Lowers transactional friction for third parties: purchasers and mortgagees do not need to investigate internal church authority or the application of funds, reducing due diligence costs (s 6).\n\n- Preserves equitable trusts on their face but reduces the practical enforceability of notice against innocent purchasers and mortgagees, which shifts certain enforcement risks onto trust beneficiaries (s 3, s 6).\n\nOfficial purpose claimed\n\n- The Act declares its purpose is to vest diocesan lands and property in the Bishop for administration and to enable dealing with that property (long title; s 3–5). That is achieved by creating a corporation sole, consolidating title and granting dealing powers.\n\nTesting the purpose against costs, incentives and trade-offs\n\n- Who pays: the State bears the administrative cost of registering the vesting free of charge (s 7). Beneficiaries of any underlying trusts may face the real cost if diocesan land is sold or mortgaged and the proceeds are misapplied; the Act says trustees' trusts remain (s 3) but provides third‑party protection that can reduce remedies against third parties (s 6).\n\n- Who decides: the Bishop (and successors) has unilateral operational control to buy, sell, mortgage and otherwise deal with the vested property, subject to existing trusts (s 4–5). That concentrates decision-making authority in an office-holder.\n\n- Behaviour changes and incentives: the protection from inquiry (s 6) lowers transaction costs for buyers and lenders and therefore encourages them to deal with the Bishop without extensive title or authority checks. That also increases moral‑hazard risk because internal stakeholders (e.g., trustees or congregation members) have less ability to prevent third‑party transactions once they appear regular to outsiders.\n\n- Effects on markets and private enterprise: the Act reduces friction for financial and property transactions involving diocesan lands, which can increase the diocese's access to credit and ability to manage property; it does not create direct regulatory burdens on unrelated businesses.\n\n- Compliance and implementation risk: administratively straightforward — the principal tasks are registering the vesting and recording dealings. The main legal risk is factual: ensuring that dealings are actually consistent with any pre-existing trusts (s 3), and that creditors understand whether equitable interests survive in practice given s 6 protections.\n\n- Concentrated benefit vs diffuse cost: benefits (streamlined title, greater borrowing flexibility) are concentrated within the Bishop/diocese and their counterparties; potential costs (limitations on remedies for trust beneficiaries) are more diffuse among those with equitable interests in diocesan property.\n\nKey statutory references: s 3 (vesting), s 4 (corporation sole and powers), s 5 (mortgage power), s 6 (protection for purchasers/mortgagees/lessees), s 7 (registration and fees), Schedule (listed titles)."},"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":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: vesting specific church property in the Bishop of Geraldton and establishing the necessary legal mechanisms for property management. The amendments noted (2006 and 2010) are minor housekeeping changes regarding land registration procedures and formatting standardisation, not substantive expansions of scope."},"complexity_factors":["Only 7 operative sections plus a schedule","Single defined term ('Property' in section 2)","Minimal cross-referencing (only references to Roman Catholic Church Lands Act 1895 and land registration statutes)","Straightforward vesting mechanism with no conditional logic or exceptions","Schedule consists of a simple table of land titles with no complex provisions","No nested definitions or recursive references"],"plain_english_summary":"This is a Western Australian law from 1925 that transfers ownership of church land and property to the Roman Catholic Bishop of Geraldton. \n\n**What it does:**\n- **Transfers property**: All land and assets belonging to the Geraldton Diocese (including property previously held by individual trustees or previous bishops) is transferred to the current Bishop of Geraldton and his successors.\n- **Creates a legal entity**: The Bishop becomes a \"corporation sole\" — a legal concept where an office (the Bishop) is treated as a single legal person that continues even when the individual holding the office changes. This means the church can own property, sue, be sued, and enter contracts without needing to create a separate company.\n- **Powers to deal with land**: The Bishop can buy, sell, lease, or mortgage church property. This includes borrowing money against church land to pay debts or buy more property.\n- **Protects buyers**: People who buy or lease land from the Bishop don't need to check whether the Bishop followed internal church rules properly. They're protected even if the Bishop acted improperly.\n- **Free registration**: When land is transferred to the Bishop, it can be registered with the land titles office without paying fees.\n\n**Who it affects:**\n- The Roman Catholic Diocese of Geraldton and its bishops (past, present, and future)\n- Anyone buying, selling, or leasing property from the Diocese\n\n**Why it matters:**\nBefore this Act, church property in Geraldton was held in the names of individual bishops or trustees. When a bishop died, this created legal headaches about who owned what. This law solves that by making the *office* of Bishop the permanent owner, ensuring smooth succession and clearer property management for the church."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text is unavailable. Based on the title, the Act appears to have a narrow, specific purpose — dealing with Roman Catholic Church property in the Geraldton region — consistent with the typical drafting style of early 20th century WA church property legislation. No evidence of scope change can be confirmed or denied."},"complexity_factors":["Actual legislative text is unavailable — analysis is based solely on the title and historical context of similar Acts","Historical church property legislation of this era was typically narrow and procedural in scope, suggesting low inherent complexity","No amendments, schedules, or definitional provisions could be assessed","Uncertainty about whether the Act is still in force or has been repealed adds a minor layer of complexity"],"plain_english_summary":"Likely a 1925 Western Australian law resolving legal title and management of Roman Catholic Church property in the Geraldton area, probably vesting land and buildings in a trustee or corporate body so the diocese could hold, manage, and transact with church assets. It matters to the Diocese of Geraldton, anyone dealing with historic church land there, and researchers of church property law."}},"importantCases":[],"_links":{"self":"/api/acts/roman-catholic-geraldton-church-property-act-1925","history":"/api/acts/roman-catholic-geraldton-church-property-act-1925/history","analysis":"/api/acts/roman-catholic-geraldton-church-property-act-1925/analysis","conflicts":"/api/acts/roman-catholic-geraldton-church-property-act-1925/conflicts","importantCases":"/api/acts/roman-catholic-geraldton-church-property-act-1925/important-cases","documents":"/api/acts/roman-catholic-geraldton-church-property-act-1925/documents"}}