{"id":"salvation-army-northern-territory-property-trust-act-1976","name":"Salvation Army (Northern Territory) Property Trust Act 1976","slug":"salvation-army-northern-territory-property-trust-act-1976","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30587,"registerId":"nt-salvation-army-northern-territory-property-trust-act-1976-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Salvation Army (Northern Territory) Property Trust Act 1976","content":"NORTHERN TERRITORY OF AUSTRALIA\nSALVATION ARMY (NORTHERN TERRITORY) PROPERTY TRUST\nACT 1976\nAs in force at 12 April 2017\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Incorporation.................................................................................... 2\n5 Number and appointment of Trustees ............................................. 2\n6 Common seal .................................................................................. 3\n7 Exercise of power by Trust .............................................................. 3\n8 Quorum............................................................................................ 3\n9 Removal and appointment of Trustees ............................................ 3\n10 Vesting of property in Trust.............................................................. 3\n11 Trust property now held ................................................................... 4\n12 Power to mortgage .......................................................................... 5\n13 Limitation on securing debts ............................................................ 5\n14 Power to sell .................................................................................... 5\n15 Receipts for mortgage and purchase moneys, &c. .......................... 5\n16 Proceeds of sale of real or personal property held for the\nsocial work ....................................................................................... 6\n17 Meetings of Trustees, minutes, &c. ................................................. 6\n18 Appointment of officers: evidence of resolutions ............................. 6\n19 Vesting in trust of property given or devised, &c., for the\nbenefit of The Salvation Army.......................................................... 7\n20 Construction of wills, &c. ................................................................. 7\n21 Delegation of powers by the General .............................................. 7\n22 Saving of rights ................................................................................ 8\n23 Additional powers ............................................................................ 8\n24 Vesting of rights of the General in the Trustees............................... 8\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 12 April 2017\n____________________\nSALVATION ARMY (NORTHERN TERRITORY) PROPERTY TRUST\nACT 1976\nAn Act relating to The Salvation Army in the Territory\n1 Short title\nThis Act may be cited as the Salvation Army (Northern Territory)\nProperty Trust Act 1976.\n2 Commencement\nThis Act shall come into operation on the date on which the names\nof the first Trustees are published in the Gazette.\n3 Definitions\nIn this Act, unless the contrary intention appears:\nDeed of Constitution means the deed poll dated 7 August 1878\nunder the hand and seal of William Booth and enrolled in the\nChancery Division of the High Court of Justice, England, on\n13 August 1878.\nfirst deed poll means the deed poll dated 26 July 1904 under the\nhand and seal of William Booth and enrolled in the Supreme Court\nof Judicature, England, on 27 July 1904.\nGeneral means the General for the time being of The Salvation\nArmy under its constitution.\nLand includes an interest in land.\nRegistrar-General means the Registrar-General and includes an\nActing or Deputy Registrar-General.\nsecond deed poll means the deed poll dated 1 June 1920 under\nthe hand and seal of William Bramwell Booth.\nThe Salvation Army means the religious society or organization\nreferred to in the Deed of Constitution, the first deed poll and the\nsecond deed poll.\n\nSalvation Army (Northern Territory) Property Trust Act 1976 2\nTrust means \"The Salvation Army (Northern Territory) Property\nTrust\" as incorporated by this Act.\nTrustees means the persons for the time being constituting the\nTrust.\nVictorian Trust means The Salvation Army (Victoria) Property\nTrust established by The Salvation Army (Victoria) Property Trust\nAct 1930 of the State of Victoria.\nwill includes codicil and every other testamentary disposition.\n4 Incorporation\n(1) There is established by this Act a body corporate by the name of\n\"The Salvation Army (Northern Territory) Property Trust\".\n(2) The Trust:\n(a) has perpetual succession and a common seal;\n(b) subject to this Act, may acquire, hold, and dispose of and\nmanage, control and deal with real and personal property;\n(c) may sue and be sued in its corporate name; and\n(d) has such other incidental powers as a body corporate may by\nlaw have.\n(3) All courts, judges or persons acting judicially shall take judicial\nnotice of the common seal of the Trust affixed to a document and\nshall presume that it was duly affixed.\n5 Number and appointment of Trustees\n(1) The Trust shall consist of the Trustees.\n(2) The General may, by instrument in writing, appoint a person to be a\nTrustee.\n(3) The number of Trustees holding office at any one time shall be not\nless than 5 nor more than 7.\n(4) The exercise of the functions or powers of the Trust is not affected\nby reason only that the number of Trustees is less than 5, provided\nthat it is not less than 3.\n(5) The General shall cause the names of the first Trustees to be\npublished in the Gazette as soon as practicable after the passing of\nthis Act.\n\nSalvation Army (Northern Territory) Property Trust Act 1976 3\n6 Common seal\n(1) A Trustee appointed by the Trust, or the secretary, shall have the\ncustody of the common seal of the Trust.\n(2) The form of the common seal and all other matters relating to it\nshall be determined by the Trust.\n7 Exercise of power by Trust\nThe Trustees, or any 3 of them, acting in pursuance of a resolution\nof the Trust, may exercise any power conferred by this Act on the\nTrustees or the Trust.\n8 Quorum\nAt a meeting of the Trust 3 Trustees shall constitute a quorum.\n9 Removal and appointment of Trustees\n(1) The General may, in writing, remove a Trustee from office.\n(2) A Trustee may by notice in writing given to the Trust resign as\nTrustee.\n(3) Where a Trustee, either original or substituted:\n(a) dies;\n(b) is removed from office under subsection (1); or\n(c) resigns,\nthe General shall, as soon as practicable, appoint another person to\nbe a Trustee in place of that Trustee.\n10 Vesting of property in Trust\n(1) All real and personal property which, immediately before the\ncommencement of this Act, is situated in the Territory and held by\nthe Victorian Trust shall, upon that commencement, without any\nformal assignment, transfer or other documentation, vest in the\nTrust subject to the same trusts upon which that property was held\nimmediately before the commencement of this Act.\n(2) Where any property which was before the commencement of this\nAct vested in the Victorian Trust is land registered in the name of\nthe Victorian Trust in the land register under the Land Title\nAct 2000, the Registrar-General shall, without formal transfer and\nwithout fee, on application in that behalf in writing by one of the\nTrustees, do all things required by that Act and Ordinance as are\n\nSalvation Army (Northern Territory) Property Trust Act 1976 4\nnecessary to register the Trust as the proprietor of that property.\n(3) Upon registration being affected in accordance with subsection (2),\nthe Registrar-General shall release to a Trustee on behalf of the\nTrust or to the Trust such appropriate documents of its title to the\nland as are provided for under the Land Title Act 2000.\n(4) Where, under any law in force in the Northern Territory, the\nVictorian Trust, a person or an unincorporated body is, immediately\nbefore the commencement of this Act, registered or recorded as the\nowner of personal property or an interest in personal property, in\nthe Territory, the person whose duty it is to keep the register or\nrecord of ownership shall, without fee or formal application, at the\nrequest of any one of the Trustees, enter the Trust in the register or\nrecord book as the owner of that item of personal property or\ninterest.\n11 Trust property now held\n(1) All real or personal property, vested in the Trust shall, so far as it is\nnot subject to any express trust, be held for the general purposes of\nThe Salvation Army and dealt with in accordance with and subject\nto such of the trusts, powers and provisions of the Deed of\nConstitution and the first deed poll as are applicable to those\ngeneral purposes.\n(2) All real or personal property held for the Social Work of The\nSalvation Army shall be held and dealt with in accordance to the\ntrusts, powers and provisions of the second deed poll.\n(3) Notwithstanding subsections (1) and (2), a person dealing with the\nTrust shall not be bound to inquire into the propriety or necessity of\na dealing by the Trust with property held by it.\n(4) The Trust may, with the consent of the General, enlarge, modify,\nvary or alter the trusts upon which for the time being any of the\nproperty of the Trust is held.\n(5) All property shall, subject to any express trust and to any\nenlargement, modification, variation or alteration from time to time\napplicable, be held upon either one or other of the trusts mentioned\nin subsections (1) and (2).\n(6) Subsections (4) and (5) apply to property the subject of an express\ntrust (not being one contained in any of the deeds poll) but only to\nthe extent (if any) and subject to the conditions (if any) in\naccordance with which that trust could have been altered if this Act\nhas not been passed.\n\nSalvation Army (Northern Territory) Property Trust Act 1976 5\n12 Power to mortgage\nThe Trust may borrow money and, for that purpose, may mortgage\nor charge all or any real or personal property for the time being\nvested in it.\n13 Limitation on securing debts\nNo debt incurred for the general purposes of The Salvation Army\nshall be secured upon any property which is for the time being held\nupon trust for the Social Work of The Salvation Army, and money\nraised on any property which is for the time being held upon trust\nfor the Social Work of The Salvation Army shall be used only for the\npurposes of the Social Work.\n14 Power to sell\nThe Trust may sell any real and personal property vested in it in\nsuch manner and on such terms and conditions as the Trustees\nmay deem fit, and may convey, transfer or assign the property sold\nto the purchaser or to whomever he may direct and the property\nsold shall thereupon be absolutely freed and discharged from the\ntrusts affecting it.\n15 Receipts for mortgage and purchase moneys, &c.\n(1) A receipt in writing of a majority of the Trustees, or of any person\nauthorized by the Trust in writing to receive moneys for money\nborrowed or mortgage money raised on property mortgaged by the\nTrust, or for the purchase money of any property sold by the Trust,\nor for any other moneys payable to the Trust, shall exonerate the\nmortgagee, the purchaser and all other persons for the time being\npaying moneys to the Trust, or to the person authorized to receive\nthe moneys:\n(a) from seeing to the application of the moneys;\n(b) from all liability as to the misapplication or non-application of\nthe money; and\n(c) from inquiring into the propriety or necessity of any mortgage\nor sale, lease or other dealing.\n(2) This section shall be read in aid of and not in derogation from any\nother protection afforded to any lender, mortgagee, purchaser or\nperson by any other law in force in the Territory.\n\nSalvation Army (Northern Territory) Property Trust Act 1976 6\n16 Proceeds of sale of real or personal property held for the\nsocial work\nThe proceeds of the sale of any real or personal property held for\nthe purpose of the Social Work of The Salvation Army shall be\ndevoted to the purposes of the Social Work and the Trust may for\nthese purposes purchase or otherwise acquire with the proceeds\nany property real or personal.\n17 Meetings of Trustees, minutes, &c.\n(1) For the purposes of carrying out the powers, functions, duties and\nobligations of the Trust, the Trustees shall hold regular meetings,\nand shall cause minutes to be kept of their proceedings and their\nresolutions, which shall at all times be open for inspection by the\nGeneral or any person appointed by him.\n(2) The Trust may regulate the time and place of its meetings and the\nprocedure to be followed at the meetings.\n(3) A decision of the majority of Trustees at a meeting of the Trust shall\nbe a decision of the Trust.\n(4) The Trust shall keep a register of all lands vested in the Trust and\nshall indicate in this register which lands are held for the general\npurposes of The Salvation Army and which are held for the Social\nWork of The Salvation Army.\n18 Appointment of officers: evidence of resolutions\n(1) The Trust may appoint officers and a certificate under the seal of\nthe Trust of the appointment of a secretary or other officer is prima\nfacie evidence and, in favour of the Crown, the Registrar-General,\nand every person who deals for value with the Trust, is conclusive\nevidence of his appointment.\n(2) A certificate, signed by the secretary for the time being of the Trust,\nas to who are the persons for the time being constituting the Trust,\nand a certificate of the secretary certifying to any resolutions of the\nTrust, is prima facie evidence and, in favour of the Crown, the\nRegistrar-General and every person who deals for value with the\nTrust, is conclusive evidence as to who are the Trustees for the\ntime being, and of any resolution (as the case may be).\n(3) Judicial notice shall be taken of the signature of the secretary for\nthe time being appearing on every certificate given under this\nsection.\n\nSalvation Army (Northern Territory) Property Trust Act 1976 7\n19 Vesting in trust of property given or devised, &c., for the\nbenefit of The Salvation Army\n(1) When by a will, deed, or other instrument or by a gift or disposition\nof property made before, but not taking effect until after, the\ncommencement of this Act, or by a will, deed or other instrument, or\nby a gift or other disposition of property, made after the\ncommencement of this Act, real or personal property has been or is\ndevised, bequeathed, or given to or for the benefit of The Salvation\nArmy in the Territory, or to or for the benefit of any of its funds, or of\nany department of its work, or of a branch, corps, auxiliary, or\ninstitution of The Salvation Army in the Territory, that real and\npersonal property shall vest in the Trust.\n(2) Subsection (1) does not apply to real or personal property devised,\nbequeathed, or given to specific Trustees upon trust for The\nSalvation Army or for any of its funds, departments, branches,\ncorps, auxiliaries or institutions.\n20 Construction of wills, &c.\n(1) Use in a will, deed or other instrument, or in a gift or disposition of\nreal or personal property, of the words \"Salvation Army\", or of a\nreference to the funds of The Salvation Army, or to a department of\nits work, or a branch, corps, auxiliary or institution of The Salvation\nArmy shall, when it relates to or is concerned with, real or personal\nproperty in the Territory, be construed, so far as the context allows,\nas a reference to the Trust or the particular fund, department,\nbranch, corps, auxiliary or institution (as the case may be) of The\nSalvation Army in the Territory, and the will, deed, instrument, gift\nor disposition shall operate and take effect accordingly.\n(2) Where, pursuant to the operation of subsection (1) real or personal\nproperty is held on trust for the Trust, the Trustees may call for the\ntransfer, assignment or delivery of the property to the Trust.\n(3) An acknowledgement or receipt for the property given by the\nTrustees, or any person authorized by them, is a sufficient\ndischarge.\n21 Delegation of powers by the General\n(1) The General may, by writing under his hand, delegate any of his\npowers under this Act (except the power of delegation).\n(2) A power so delegated may be exercised by the delegate in\naccordance with the instrument of delegation.\n(3) A delegation under this section does not prevent the exercise of a\npower by the General.\n\nSalvation Army (Northern Territory) Property Trust Act 1976 8\n22 Saving of rights\n(1) Nothing contained in or done under this Act shall affect prejudicially,\nor deprive any person of, a right which if this Act had not been\npassed, might have been enforceable against the General or his\npredecessors in office.\n(2) A right to which subsection (1) refers may, so far as it relates to any\nproperty vested in the Trust pursuant to this Act, be enforced\nagainst the Trust.\n23 Additional powers\nWithout limiting the generality of the powers conferred on the Trust\nby this Act, the Trust may in the exercise of its functions have the\nfurther powers of:\n(a) receiving and holding money; and\n(b) operating accounts with ADIs; and\n(c) employing servants.\n24 Vesting of rights of the General in the Trustees\nRights relating to real or personal property held in trust for or,\npursuant to this Act, vested in the Trust, which were, at the time of\nhis death in William Bramwell Booth (referred to in the second deed\npoll) or immediately before the commencement of this Act, were in\nthe General:\n(a) by this Act are vested in the Trust; and\n(b) may be enforced by it in the same manner as William\nBramwell Booth, if he were still living, or the General (as the\ncase may be) might have enforced them if this Act had not\nbeen passed.\n\nENDNOTES\nSalvation Army (Northern Territory) Property Trust Act 1976 9\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSalvation Army (Northern Territory) Property Trust Ordinance 1976 (Act No. 23, 1976)\nAssent date 28 June 1976\nCommenced 3 December 1976 (Gaz No. 49, 3 December 1976, p 1346)\nFinancial Institutions (Miscellaneous Amendments) Act 1997 (Act No. 23, 1997)\nAssent date 2 June 1997\nCommenced 2 June 1997\nTerritory Insurance Office (Miscellaneous Amendments) Act 1998 (Act No. 37, 1998)\nAssent date 27 May 1998\nCommenced 27 May 1998\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 3 October 2002, p 3)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1 and 10.\n\nENDNOTES\nSalvation Army (Northern Territory) Property Trust Act 1976 10\n4 LIST OF AMENDMENTS\ns 10 amd No. 45, 2000, s 11\ns 23 amd No. 23, 1997, s 6; No. 37, 1998, s 4; No. 38, 2002, s 6; No. 4, 2017, s 34","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act changes scope by transferring ownership and administration of Salvation Army property in the Territory from the Victorian Trust to a newly incorporated Northern Territory Trust (s 10). It vests future gifts in the NT Trust (s 19), preserves the operation of the historical deed polls over property (s 11), grants the Trustees powers to manage, mortgage and sell (ss 12, 14, 23), and protects property held for Social Work from general security (s 13). It also requires registry steps to record the new proprietorship without formal transfer (s 10(2)–(3))."},"complexity_factors":["Statutory creation of a corporate trust and perpetual succession (s 4) — legal form is simple but interacts with existing deed polls.","Automatic vesting of existing Victorian-trust property in the new NT Trust without formal assignment (s 10(1)) — reduces transactional steps but raises registry and title-recording complexity.","Registrar-General directed to register Trust as proprietor without fee or formal transfer (s 10(2)–(3)) — administrative reliance on registry action.","Interaction with historic governing instruments (Deed of Constitution, first and second deed polls) determining which property is held for general purposes or Social Work (s 3; ss 11(1)–(2)) — requires mapping assets to distinct trust regimes.","Limits on encumbering Social Work property (s 13) — creates a legal constraint lenders and Trustees must observe, affecting borrowing/incentive structures.","Wide transactional protections for third parties (s 15) and certificates as conclusive evidence (s 18) — lowers due-diligence costs for purchasers but concentrates reliance on Trustee documentation.","Appointment and removal powers concentrated in the General (ss 5, 9) and ability to delegate (s 21) — introduces internal discretion affecting control and governance.","Powers to borrow, mortgage, sell and invest (ss 12, 14, 16, 23) — routine trust powers but require record-keeping (s 17) and, in practice, financial management capacity."],"plain_english_summary":"Mechanically, the Act creates a corporate property trust in the Northern Territory for The Salvation Army, vests Salvation Army real and personal property in that Trust (often without formal transfer), and grants the Trustees powers to hold, manage, mortgage, sell and account for that property. It affects The Salvation Army, the General, appointed Trustees, land registries and third parties dealing with Salvation Army assets because it fixes local ownership, prescribing how assets may be used and protecting assets held for ‘Social Work’ from general encumbrance."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing a property trust for The Salvation Army in the Northern Territory. The amendments listed in the endnotes are minor technical updates (updating references to banking legislation, land title systems, and statute law revision) that do not expand the scope beyond property management and trust governance."},"complexity_factors":["Short statute: only 24 sections spanning 8 pages","Minimal defined terms: only 8 definitions in section 3, mostly proper nouns and references to historical deeds","Straightforward structure: sequential sections without complex Part/Division hierarchies","Limited cross-referencing: primarily internal references to subsections, with only occasional references to the Land Title Act 2000","Simple conditional logic: mostly 'if X then Y' provisions without nested exceptions","Single purpose legislation: focused exclusively on property holding and transfer mechanics","No delegated legislation provisions or complex regulatory frameworks"],"plain_english_summary":"This law creates a legal entity called **The Salvation Army (Northern Territory) Property Trust** to manage property owned by The Salvation Army in the Northern Territory.\n\n**What it does:**\n- **Establishes a corporate body** (a legal 'person' that can own property, sue, and be sued) specifically to hold land and assets for The Salvation Army in the NT.\n- **Transfers existing property** from the Victorian-based trust to this new NT-based trust automatically when the law starts.\n- **Sets up governance rules**: The Trust must have 3–7 trustees appointed by the General (the worldwide leader of The Salvation Army). Three trustees make a quorum, and decisions are made by majority vote.\n- **Defines how property is held**: Property is held either for \"general purposes\" or specifically for \"Social Work\" (charitable/community work). Money from Social Work property must stay in Social Work.\n- **Powers**: The Trust can buy, sell, mortgage, and manage property. It can borrow money, but cannot use Social Work property as security for general debts.\n- **Protects people dealing with the Trust**: Banks, buyers, and lenders are protected if they rely on receipts from the Trust—they don't have to check if the money was used properly.\n- **Handles gifts and wills**: If someone leaves property to \"The Salvation Army\" in the NT in their will, it automatically goes to this Trust.\n\n**Who it affects:**\n- The Salvation Army's operations in the Northern Territory\n- People making donations or leaving bequests to The Salvation Army in the NT\n- Banks and property buyers dealing with the Trust\n- The Registrar-General (land titles office)\n\n**Why it matters:**\nBefore this law, The Salvation Army's NT property was managed by a Victorian trust. This created legal complications for land ownership, banking, and local administration. This law gives The Salvation Army a local legal presence in the NT, making it easier to own property, borrow money, and operate transparently under Northern Territory law."}},"importantCases":[],"_links":{"self":"/api/acts/salvation-army-northern-territory-property-trust-act-1976","history":"/api/acts/salvation-army-northern-territory-property-trust-act-1976/history","analysis":"/api/acts/salvation-army-northern-territory-property-trust-act-1976/analysis","conflicts":"/api/acts/salvation-army-northern-territory-property-trust-act-1976/conflicts","importantCases":"/api/acts/salvation-army-northern-territory-property-trust-act-1976/important-cases","documents":"/api/acts/salvation-army-northern-territory-property-trust-act-1976/documents"}}