{"id":"roman-catholic-vicariate-of-the-kimberleys-property-act-1957","name":"Roman Catholic Vicariate of the Kimberleys Property Act 1957","slug":"roman-catholic-vicariate-of-the-kimberleys-property-act-1957","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109984,"registerId":"wa-roman-catholic-vicariate-of-the-kimberleys-property-act-1957-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Roman Catholic Vicariate of the Kimberleys Property Act 1957","content":"![Crest]()Western Australia\n\nRoman Catholic Bishop of Broome Property Act 1957\n\nWestern Australia\n\nRoman Catholic Bishop of Broome Property Act 1957\n\nContents\n\n1. Short title 1\n\n2. Term used: property 1\n\n3. Certain property vested in Bishop of Broome 2\n\n4. Bishop of Broome to be corporation sole 2\n\n5. Power to sell, mortgage and lease lands 3\n\n6. Land titles, registration and fees 4\n\n7. Power to appoint attorneys 4\n\n8. Acting Bishop or Bishop-Elect to act on death of Bishop until successor appointed 5\n\n9. References to Roman Catholic Vicariate of the Kimberleys and The Roman Catholic Vicar Apostolic etc. changed 5\n\nFirst Schedule — Land vested in Bishop of Broome\n\nPart I — Land transferred from Roman Catholic Bishop of Perth\n\nPart II — Land transferred from Roman Catholic Bishop of Geraldton\n\nPart III — Land transferred from Pious Society of Missions Incorporated of Broome\n\nSecond Schedule — Acts overridden by section 5\n\nNotes\n\nCompilation table 8\n\nDefined terms\n\n  \n\nWestern Australia\n\nRoman Catholic Bishop of Broome Property Act 1957\n\nAn Act to vest in the Roman Catholic Vicar Apostolic of the Kimberleys and his successors in office the property belonging to or held in trust for or on behalf of the Roman Catholic Church within the Roman Catholic Vicariate of the Kimberleys, to make provision for the Vicar Apostolic to deal with that property and for other incidental purposes.\n\n##### 1. Short title\n\nThis Act may be cited as the *Roman Catholic Bishop of Broome Property Act 1957* 1.\n\n[Section 1 amended: No. 41 of 1970 s. 1.]\n\n##### 2. Term used: property\n\nIn this Act,\n\n  property means property of every kind whatsoever including legal and equitable, real and personal property, and choses in action.\n\n##### 3. Certain property vested in Bishop of Broome\n\nThe lands comprised in the instruments of title set out in the First Schedule and which are vested —\n\n(a) as to the lands comprised in the instruments of title set out in Part I of that Schedule, in the Roman Catholic Bishop of Perth; and\n\n(b) as to the lands comprised in the instruments of title set out in Part II of that Schedule, in the Roman Catholic Bishop of Geraldton; and\n\n(c) as to the lands comprised in the instruments of title set out in Part III of that Schedule, in the Pious Society of Missions Incorporated of Broome,\n\nand all other property belonging to the Roman Catholic Church or held by any person in trust for or on behalf of that Church and situated within the Roman Catholic Vicariate of the Kimberleys 2, shall from the coming into operation of the *Roman Catholic Vicariate of the Kimberleys Property Act Amendment Act 1970* 1, and without the execution of any formal deed of assurance or transfer, vest absolutely and indefeasibly in the Roman Catholic Vicar Apostolic for the time being of that Vicariate 3 and his successors in office, subject to the trusts, encumbrances and dispositions respectively affecting the same.\n\n[Section 3 amended: No. 41 of 1970 s. 2.]\n\n##### 4. Bishop of Broome to be corporation sole\n\nThe Roman Catholic Vicar Apostolic 3 for the time being of the Vicariate of the Kimberleys 2 is a corporation sole by the name of “The Roman Catholic Vicar Apostolic of the Kimberleys” 3 with perpetual succession and a common seal, and by and in that name may sue and be sued, and has power to purchase, hold, and take property and, subject to the provisions of section 5 to sell, mortgage, lease or otherwise dispose of any property vested in him pursuant to the provisions of section 3 or acquired after the coming into operation of this Act, and in respect of any real property whether freehold or leasehold so vested or acquired, may also exercise all the powers conferred on the Bishop for the time being administering the ecclesiastical affairs of the Roman Catholic Church in Western Australia and his successors in office, by the *Roman Catholic Church Lands Act 1895*.\n\n##### 5. Power to sell, mortgage and lease lands\n\n(1) Notwithstanding anything contained in the Acts mentioned in the Second Schedule, it is lawful for the Vicar Apostolic 3 of the Vicariate of the Kimberleys 2 in his corporate name as “The Roman Catholic Vicar Apostolic of the Kimberleys” 3 subject to any express trust or condition against alienation and to the provisions of section 7 of the *Roman Catholic Church Lands Act 1895* —\n\n(a) to sell any lands vested in him pursuant to the provisions of section 3 of this Act and transfer or otherwise assure the same to a purchaser freed and absolutely discharged from any trust or condition affecting the lands, not being an express trust or condition against alienation; and\n\n(b) to mortgage the lands to secure moneys borrowed for the purpose of paying and discharging debts already incurred and secured by existing mortgages on lands belonging to the Roman Catholic Church, or to secure moneys which may be lawfully borrowed after the coming into operation of this Act and by way of security to assure to a mortgagee and his assigns the lands freed and discharged from any trust or condition affecting the lands, not being an express trust or condition against alienation; and\n\n(c) to lease the lands for any term with or without right of renewal and either by way of building lease or otherwise and subject to such covenants, conditions, and agreements as the Vicar Apostolic thinks fit to impose, notwithstanding any trust or condition affecting the lands, not being an express trust or condition against leasing.\n\n(2) For the purposes of this Act, a trust or condition expressed to be for the use or purposes or benefit of the Roman Catholic Church in general or the Roman Catholic Vicariate of the Kimberleys in particular or in words of like import is not an express trust or condition against alienation.\n\n(3) No purchaser, mortgagee, or lessee of any lands sold, mortgaged or leased under the provisions of this section is bound or concerned to inquire whether the power of sale, mortgage or lease was duly and regularly exercised, or to see to the application of any purchase, mortgage or other moneys, or to inquire into the necessity, regularity, or propriety of any sale, mortgage or lease, or be affected by notice that a sale, mortgage or lease is irregular, unnecessary or improper.\n\n##### 6. Land titles, registration and fees\n\nThe vesting of any land by this Act in “The Roman Catholic Vicar Apostolic of the Kimberleys” 3 shall on the application of the Vicar Apostolic or his attorney or attorneys 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 respective instrument of title to that land, free of charge.\n\n[Section 6 amended: No. 60 of 2006 s. 152.]\n\n##### 7. Power to appoint attorneys\n\nThe Roman Catholic Vicar Apostolic of the Kimberleys 3 may, from time to time, by an instrument in writing under his hand and seal, appoint one or more Priests of the Vicariate of the Kimberleys 2 to be his attorney or attorneys to exercise all or any of the powers conferred upon the Vicar Apostolic 3 by this Act, and it shall be lawful for the attorney or attorneys so appointed, in the name and on behalf of the Roman Catholic Vicar Apostolic of the Kimberleys 3, to exercise those powers accordingly, and to execute all documents required to give effect thereto.\n\n##### 8. Acting Bishop or Bishop-Elect to act on death of Bishop until successor appointed\n\nUpon the death of a Roman Catholic Vicar Apostolic 3 of the Vicariate of the Kimberleys 2 the Acting Bishop or Bishop‑Elect duly elected by the consultors of that Vicariate shall be entitled to exercise the powers and be liable to perform the duties of the Vicar Apostolic 3 until the appointment and consecration of his successor, and it shall be lawful for the Acting Bishop or Bishop‑Elect to exercise those powers and to perform those duties and to execute all documents required to give effect thereto and the documents so executed shall have the same force and effect as if they had been duly executed by The Roman Catholic Vicar Apostolic of the Kimberleys 3.\n\n[Section 8 amended: No. 41 of 1970 s. 3.]\n\n##### 9. References to Roman Catholic Vicariate of the Kimberleys and The Roman Catholic Vicar Apostolic etc. changed\n\nOn and after the date of the coming into operation of the *Roman Catholic Vicariate of the* *Kimberleys Property Act Amendment Act 1970* 1, a reference in this Act or in any other Act, law of the State or document in force immediately before that date to —\n\n(a) the Roman Catholic Vicariate of the Kimberleys or to the Vicariate of the Kimberleys or to the Vicariate shall be read, construed and applied as a reference to the Roman Catholic Diocese of Broome;\n\n(b) The Roman Catholic Vicar Apostolic of the Kimberleys or to the Roman Catholic Vicar Apostolic or to the Vicar Apostolic shall be read, construed and applied as a reference to the Roman Catholic Bishop of Broome.\n\n[Section 9 inserted: No. 41 of 1970 s. 4.]\n\nFirst Schedule — Land vested in Bishop of Broome\n\n[s. 3]\n\n[Heading inserted: No. 19 of 2010 s. 30(2).]\n\nPart I — Land transferred from Roman Catholic Bishop of Perth\n\n[Heading inserted: No. 19 of 2010 s. 30(2).]\n\n*Certificates of Title*\n\n| *Volume* | *Folio* |\n| --- | --- |\n| 320 | 168 |\n| 320 | 169 |\n\n\nPart II — Land transferred from Roman Catholic Bishop of Geraldton\n\n[Heading inserted: No. 19 of 2010 s. 30(3).]\n\n*Certificates of Title*\n\n| *Volume* | *Folio* |\n| --- | --- |\n| 34 | 31 |\n| 34 | 32 |\n| 34 | 33 |\n| 179 | 125 |\n\n\nPart III — Land transferred from Pious Society of Missions Incorporated of Broome\n\n[Heading inserted: No. 19 of 2010 s. 30(4).]\n\n*Certificates of Title*\n\n| *Volume* | *Folio* |\n| --- | --- |\n| 226 | 63 |\n| 516 | 82 |\n| 1063 | 363 |\n| 1114 | 468 |\n\n\nSecond Schedule — Acts overridden by section 5\n\n[s. 5]\n\n[Heading inserted: No. 19 of 2010 s. 30(5).]\n\nAn Ordinance for vesting Roman Catholic Church Lands in Western Australia in the Roman Catholic Bishop Administrator and his Successors (22 Vict., No. 4) 4.\n\n *Roman Catholic Church Lands Act 1895*  \n(59 Vict., — Private).\n\n *Roman Catholic Church Lands Amendment Act 1902*  \n(1 and 2 Edw. VII. — Private).\n\n *Roman Catholic Church Property Act 1911*  \n(No. 36 of 1911).\n\n *Roman Catholic Church Property Act Amendment Act 1912* (No. 32 of 1912).\n\n *Roman Catholic Church Property Acts Amendment Act 1916* (No. 4 of 1916).\n\n *Roman Catholic Geraldton Church Property Act 1925* (No. 9 of 1925).\n\n[Second Schedule amended: No. 74 of 2003 s. 149(2).]\n\n![dline]()\n\nNotes\n\n1 This reprint is a compilation as at 22 August 2014 of the *Roman Catholic Bishop of Broome Property Act 1957* and includes the amendments made by the other written laws referred to in the following table 5. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** | |\n| --- | --- | --- | --- | --- |\n| *Roman Catholic Vicariate of the Kimberleys Property Act 1957* 6 | 32 of 1957 (6 Eliz. II No. 32) | 5 Nov 1957 | 5 Nov 1957 |\n| *Roman Catholic Vicariate of the Kimberleys Property Act Amendment Act 1970* | 41 of 1970 | 23 Sep 1970 | 23 Sep 1970 |\n| **Reprint 1: The *Roman Catholic Bishop of Broome Property Act 1957* as at 7 Feb 2003** (includes amendments listed above) | | | |\n| *Statutes (Repeals and Minor Amendments) Act 2003* s. 149(2) | 74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) |\n| *Land Information Authority Act 2006* s. 152 | 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. 30 | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) |\n| **Reprint 2: The *Roman Catholic Bishop of Broome Property Act 1957* as at 22 Aug 2014** (includes amendments listed above) | | | |\n\n\n2 Now known as the Roman Catholic Diocese of Broome: see s. 9.\n\n3 Now known as the Roman Catholic Bishop of Broome: see s. 9.\n\n4 Now cited as the *Roman Catholic Church Lands Ordinance 1858*.\n\n5 Other relevant Act: the *Roman Catholic Church Lands Act 1895*.\n\n6 Now cited as the *Roman Catholic Bishop of Broome Property Act 1957*; short title changed (see note under s. 1).\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":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation has remained focused on its original purpose of vesting Kimberley church property in the local Bishop and providing management powers. The 1970 amendment updated terminology when the Vicariate became a Diocese, and subsequent amendments were minor formatting and machinery changes. The scope has not expanded beyond church property management in the Kimberley region."},"complexity_factors":["Short statute with only 9 operative sections plus schedules","Only 1 defined term ('property' in section 2)","Straightforward vesting mechanism with minimal conditional logic","Some cross-referencing to the Roman Catholic Church Lands Act 1895 and other church property statutes listed in the Second Schedule","Simple administrative amendments over time (name changes, formatting updates) rather than substantive expansion","Clear structure: definitions, vesting, corporate status, powers, registration, attorneys, succession, and transitional name changes"],"plain_english_summary":"**What this law does:**\n\nThis Act transfers ownership of Roman Catholic Church property in the Kimberley region of Western Australia from various church entities (including the Bishops of Perth and Geraldton, and a missionary society) to the Bishop of Broome. It gives the Bishop legal powers to manage, sell, mortgage, or lease that property.\n\n**Who it affects:**\n\n- The **Roman Catholic Bishop of Broome** (formerly called the \"Vicar Apostolic of the Kimberleys\") — who becomes a \"corporation sole\" (a legal entity consisting of one person and their successors in office)\n- **Priests in the diocese** — who can be appointed as attorneys to act on the Bishop's behalf\n- **Anyone buying, leasing, or lending money secured against church property** — they get legal protections when dealing with the Bishop\n\n**Key features:**\n\n- **Property transfer:** Specific parcels of land listed in the Schedule are automatically transferred to the Bishop without needing formal paperwork\n- **Corporate status:** The Bishop becomes a legal person who can sue, be sued, buy and sell property\n- **Powers to deal with land:** The Bishop can sell, mortgage, or lease church land, even if there are general trusts attached, provided there isn't an *express* prohibition against selling/leasing\n- **Protection for buyers:** People who buy or lease from the Bishop don't need to check whether the Bishop followed proper internal procedures\n- **Continuity:** When a Bishop dies, an Acting Bishop can keep things running until a new Bishop is appointed\n- **Name changes:** Originally referred to the \"Vicar Apostolic of the Kimberleys\" — amended in 1970 to reflect the area becoming the \"Diocese of Broome\"\n\n**Why it matters:**\n\nThis is a classic example of \"church property legislation\" — laws that solve a practical problem. Without this Act, church property in the remote Kimberley region would be legally owned by church bodies based in Perth or Geraldton, or by defunct missionary organizations, making it difficult to manage local assets. The Act creates a clean legal structure for the local Bishop to control property for the benefit of the church community, while protecting innocent third parties who deal with the church in good faith."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Subsequent amendments principally updated names (Vicariate → Diocese; Vicar Apostolic → Bishop) and modernised registration/formatting provisions. The Act's core purpose — vesting church property in the officeholder and granting powers to deal with that property (including the key exception for express anti‑alienation trusts) — remains the same as originally enacted. Later changes adjusted form, terminology and administrative interaction with land registration, but did not materially expand the Act beyond that original purpose."},"complexity_factors":["Short, single-purpose Act (9 substantive sections plus schedules) reducing baseline complexity","Only one defined term in the Act ('property' in s 2)","Cross‑references to multiple older Acts (notably Roman Catholic Church Lands Act 1895) and to the Transfer of Land Act 1893/Registration of Deeds Act 1856","Conditional logic in s 5: broad powers subject to the exception of an 'express trust or condition against alienation' and a statutory definition that some church trusts are NOT 'express' (nested exception)","Protective non‑inquiry rule for third parties (s 5(3)) introduces a legal shield that affects downstream due diligence practice","Schedules listing specific certificate of title references (First Schedule) and a list of overridden Acts (Second Schedule) — factual detail but limited legal complexity","Amendments that rename offices/structures (s 9) create interpretive substitution but do not add legal conditions","Some external implementation detail (free registration under land law) relies on interaction with land registration systems (s 6)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Gives ownership of specified land and other church property in the Kimberley area to the Roman Catholic Vicar Apostolic for the time being (now called the Roman Catholic Bishop of Broome) and to his successors — automatically, without any transfer deed (s 3).  The particular land parcels are listed in the First Schedule.  \"Property\" is defined broadly to include real estate, personal property and choses in action (s 2).\n\n- Makes the Vicar Apostolic/Bishop a corporation sole called \"The Roman Catholic Vicar Apostolic of the Kimberleys\" (the corporate name remains in the Act) with power to hold, buy and deal with property, and to sue and be sued (s 4).\n\n- Gives the Bishop the power to sell, mortgage and lease those lands even where they are subject to trusts or conditions, except where there is an express trust or an express condition specifically forbidding alienation (sale) (s 5(1)).  The Act also treats general trusts \"for the use or purposes or benefit of the Roman Catholic Church\" as not being express trusts against alienation (s 5(2)).\n\n- Protects third‑party purchasers, mortgagees and lessees who acquire the land from the Bishop: they are not required to investigate whether the Bishop had authority, or how sale or mortgage proceeds were applied (s 5(3)).\n\n- Requires the land transfers and the change of ownership to be registered on application under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856, free of charge (s 6).\n\n- Allows the Bishop to appoint priests of the Vicariate as his attorneys in writing to exercise any powers under this Act (s 7).\n\n- Provides that, on the Bishop's death, an Acting Bishop or Bishop‑Elect chosen by local consultors can exercise the Bishop's powers until a successor is appointed (s 8).\n\n- Standardises terminology: references to the Vicariate or Vicar Apostolic in the Act (and past documents) are to be read as references to the Roman Catholic Diocese of Broome and the Roman Catholic Bishop of Broome (s 9).\n\n**Who is affected**\n\n- The Roman Catholic Church entities holding property in the Kimberley / Diocese of Broome: title and management authority shift to the sitting Bishop and his successors (s 3, s 4).\n- Priests who may be appointed attorneys to exercise property powers (s 7).\n- Third‑party buyers, mortgagees and lessees dealing with church land: they receive statutory protection from inquiries about the validity or propriety of transactions (s 5(3)).\n- Beneficiaries or trustees under historical trusts for church property: their practical control can be reduced unless the trust explicitly forbids alienation (s 5(1)–(2)).\n- Land titles/registration authorities: required to register the vesting on application and to do so free of charge (s 6).\n\n**Why it matters (purpose claims, and a test of costs and trade‑offs)**\n\n- Claimed purpose: to centralise legal title in the office of the local Catholic Bishop and to enable the Diocese to manage, mortgage or dispose of its property efficiently (long title; s 3–5).  Mechanically the Act achieves that by vesting title, creating a corporate sole, and granting statutory powers that override earlier laws listed in the Second Schedule (s 5, Second Schedule).\n\n- Fiscal/incentive effects: the Diocese gains easier access to capital markets because it can mortgage property and purchasers/mortgagees are insulated from inquiry (s 5). That lowers transaction costs and counterparty risk for lenders and buyers but concentrates decision authority in the Bishop's office.\n\n- Costs and risks to private parties: beneficiaries named by earlier, non‑express trusts could lose practical control over property if the Bishop chooses to sell or mortgage (s 5(2)). The Act preserves only trusts or conditions that are expressly stated to forbid alienation — general-purpose trusts for the Church do not prevent sale (s 5(2)).\n\n- Compliance and administrative burden: the Act reduces some burdens — registration is to be done on application and free of charge (s 6). However, administrators must identify any \"express\" anti‑alienation clauses to know whether disposal is barred.\n\n- Bureaucratic discretion and implementation risk: substantial discretion is vested in the Bishop (and his appointed attorneys) to decide when to sell, mortgage or lease. That centralisation speeds decisions but concentrates risk (s 4, s 7).\n\n- Effects on markets and private choice: by enabling sales and mortgages, the Act can convert non‑liquid church assets into cash or open them to private ownership, with potential local effects on supply of property and land use depending on whether the Diocese monetises holdings (s 5).\n\n**Concrete mechanisms and safeguards**\n\n- The Act expressly overrides older Roman Catholic church land statutes named in the Second Schedule to the extent necessary to permit the powers in s 5.\n- A purchaser/mortgagee need not investigate title exercise — they acquire a clean interest if dealing with the corporate sole (s 5(3)).\n- The only statutory limit on alienation is an \"express trust or condition against alienation\"; ordinary trusts \"for the Church\" are not treated as such (s 5(1)–(2)).\n\n**Practical points someone should check before acting**\n\n- Confirm whether any trust instrument contains an express clause prohibiting sale or mortgage; if yes, the power is limited (s 5(1)).\n- Confirm registration formalities and rely on the statutory protection for purchasers (s 6, s 5(3)).\n- Where a Bishop has died, ensure authority derives from an Acting Bishop or Bishop‑Elect until a successor is consecrated (s 8).\n\n(Section citations in parentheses refer to the Act's numbered provisions.)"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is inaccessible. No amendments or changes to original intent can be identified from the available information."},"complexity_factors":["Legislation text is entirely unavailable — no substantive analysis is possible","Historical 1957 legislation may use archaic legal drafting language","Intersection of ecclesiastical (church) law and property law adds some complexity","Narrow and specific subject matter (single religious body, single region) likely keeps complexity low","Mid-20th century religious property acts were typically short and technical in nature"],"plain_english_summary":"The Roman Catholic Vicariate of the Kimberleys Property Act 1957 is a Western Australian law concerning property rights and administration for the Roman Catholic Vicariate in the Kimberley region. It likely authorises the Vicariate to hold and manage land and assets, and affects the Church’s regional administrators and anyone dealing with those properties.\n\nThe Act’s text is currently unavailable online; consult the Parliamentary Counsel’s Office for the precise provisions."}},"importantCases":[],"_links":{"self":"/api/acts/roman-catholic-vicariate-of-the-kimberleys-property-act-1957","history":"/api/acts/roman-catholic-vicariate-of-the-kimberleys-property-act-1957/history","analysis":"/api/acts/roman-catholic-vicariate-of-the-kimberleys-property-act-1957/analysis","conflicts":"/api/acts/roman-catholic-vicariate-of-the-kimberleys-property-act-1957/conflicts","importantCases":"/api/acts/roman-catholic-vicariate-of-the-kimberleys-property-act-1957/important-cases","documents":"/api/acts/roman-catholic-vicariate-of-the-kimberleys-property-act-1957/documents"}}