{"id":"a-1934-11","name":"Salvation Army Property Trust Act 1934","slug":"salvation-army-property-trust-act-1934","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"11 of 1934","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24343,"registerId":"act-a-1934-11-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Salvation Army Property Trust Act 1934","content":"Australian Capital Territory\nSalvation Army Property Trust Act 1934\nA1934-11\nRepublication No 3\nEffective: 1 March 2012\nRepublication date: 1 March 2012\nLast amendment made by A2011-48\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 Salvation Army Property Trust Act 1934 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1\nMarch 2012. It also includes any commencement, amendment, repeal or expiry affecting this\nrepublished law to 1 March 2012.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT 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 made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\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 appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $110 for\nan individual and $550 for a corporation (see Legislation Act 2001, s 133).\n\nR3\n01/03/12\nSalvation Army Property Trust Act 1934\nEffective: 01/03/12\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSalvation Army Property Trust Act 1934\nContents\nPage\nPreamble 2\n1 Name of Act 9\n2 Definitions for Act 9\n3 Vesting of property in Trustees 9\n4 Powers of Trustees 10\n5 Trust property—how held 11\n6 Power to mortgage 11\n7 Power to sell 11\n8 Receipts for mortgage and purchase moneys etc 12\n9 Proceeds of sale of land held for the Social Work 12\n10 Evidence of resolutions 12\n11 Construction of wills etc 13\n12 Vesting in trustees of property given or devised etc for benefit of The\nSalvation Army 13\n13 Preservation of rights of claimants 14\n\nContents\nPage\ncontents 2 Salvation Army Property Trust Act 1934\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Vesting of rights of the General in the Trustees 15\nEndnotes\n1 About the endnotes 16\n2 Abbreviation key 16\n3 Legislation history 17\n4 Amendment history 19\n5 Earlier republications 19\n\nR3\n01/03/12\nSalvation Army Property Trust Act 1934\nEffective: 01/03/12\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nSalvation Army Property Trust Act 1934\nAn Act to provide for the temporal affairs of The Salvation Army in the\nAustralian Capital Territory\n\nPreamble\npage 2 Salvation Army Property Trust Act 1934\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPreamble\nWhereas by a Deed Poll (the Deed of Constitution) dated 7 August\n1878, and under the hand and seal of William Booth and afterwards\nenrolled in the Chancery Division of the High Court of Justice on 13\nAugust 1878, the origin and doctrines of the Christian Mission\ntherein referred to were recited and stated and it was by the said\nDeed Poll amongst other things provided that the said Christian\nMission was and should always be thereafter under the oversight,\ndirection and control of some one person who should be the General\nSuperintendent thereof whose duty it should be to determine and\nenforce the discipline and laws and superintend the operations of the\nsaid Christian Mission and to conserve the same to and for the\nobjects and purposes for which it was first originated and that the\nsaid General Superintendent should have the powers therein\nmentioned that the said William Booth should continue to be for the\nterm of his natural life the General Superintendent of the said\nChristian Mission unless he should resign such office that the said\nWilliam Booth and other General Superintendent who should\nsucceed him should have power to appoint his successor to the\noffice of General Superintendent and all the rights powers and\nauthorities should vest in the person so appointed upon the decease\nof the said William Booth or other General Superintendent\nappointing him or at such other period as might be named in the\ndocument appointing him and that it should be the duty of every\nGeneral Superintendent to make in writing as soon as conveniently\nmight be after his appointment a statement as to his successor and as\nto the means which were to be taken for the appointment of the\nsuccessor on the decease of the General Superintendent or upon his\nceasing to perform the duties of the office such statement to be\nsigned by the General Superintendent and delivered under seal to\nthe Solicitor for the time being of the said Christian Mission but\nsuch statement might be altered at will by the General\nSuperintendent at any time during his continuance in office pending\n\nPreamble\nR3\n01/03/12\nSalvation Army Property Trust Act 1934\nEffective: 01/03/12\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\na new statement being signed by him and delivered as before\nmentioned to such Solicitor as aforesaid:\nAnd whereas by the said recited Deed Poll it was provided that the\nGeneral Superintendent should have power to expend on behalf of\nthe Christian Mission all moneys contributed for the general\npurposes of the said Christian Mission or for any of the special\nobjects of its operations but he should annually publish a balance\nsheet duly audited of all such receipts and expenditure and that the\nGeneral Superintendent should have power to acquire by gift\npurchase or otherwise any hall or meeting house school room vestry\nland building and appurtenances and any seats fittings furniture or\nother property whatsoever which might in his judgment be required\nfor the purposes of the said Christian Mission and to build upon\nsuch land or alter or pull down any such buildings and to hire on\nlease or otherwise any land or buildings and to lend, give away and\nsell or otherwise dispose of any such properties, lands or buildings\nas he might deem necessary in the interests of the said Christian\nMission, wherein all trustees should render him every assistance and\nthat he might in all such cases as he should deem it expedient so to\ndo nominate trustees or a trustee of any part or parts thereof\nrespectively of any such property and erect the conveyance and\ntransfer thereof to such trustees or trustee with power for the\nGeneral Superintendent to declare the trusts thereof and from time\nto time if it should seem expedient to him so to do to revoke any\nsuch trusts or the appointment of any such trustees or trustee and\npending such revocation the same property should be conveyed or\ntransferred to such persons or person upon such trusts as he might\ndirect but only for the benefit of the said Christian Mission:\nAnd whereas by a further Deed Poll under the hand of the said\nWilliam Booth bearing date 26 July 1904, and enrolled in the\nSupreme Court of Judicature, England on 27 July 1904, it was\nrecited that on or about 1 January 1879, the name of the said\nreligious society or organization was changed from ‘The Christian\nMission’ to ‘The Salvation Army’ as appears by Memorandum\n\nPreamble\npage 4 Salvation Army Property Trust Act 1934\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nunder the hand of the said William Booth dated 24 June 1880, and\nendorsed on the said recited Deed Poll of 7 August 1878, and that\nthe said society or organization had since been and was then known\nas it now is as The Salvation Army and that the title of the ‘General\nSuperintendent’ thereof had been altered and shortened into that of\n‘General’ and that the said William Booth was then known and\ndesignated and it was expected that every successor of his would be\nthereafter known and designated as the ‘General’ of The Salvation\nArmy:\nAnd whereas it was also recited by the lastly herein recited Deed\nPoll of 26 July 1904, that in order to minimise the possibility of\ndoubt, dispute or litigation it was considered desirable to provide\nmore fully and specifically than was done by the Deed of\nConstitution for the events in which the General for the time being\nshould cease to perform the duties of his office and also for the\nnomination and appointment of a successor to the General for the\ntime being on his dying or ceasing to perform the duties of office\nand that the said William Booth had accordingly determined to\nexecute the said recited Deed Poll of 26 July 1904:\nAnd whereas the said Deed Poll now in recital sets forth more fully\nand effectually such events and makes provision inter alia that every\nGeneral for the time being of The Salvation Army should be deemed\nto cease to perform the duties of his office within the meaning of\nclause 6 of the said Deed of Constitution and to vacate such office\nupon the happening of any of the events therein referred to, that is to\nsay, if inter alia the Commissioners of The Salvation Army or a\nmajority of such Commissioners amounting to at least 4 in 5 should\ndeclare in writing under their hands that they are satisfied that the\nGeneral is inter alia permanently incapacitated by mental or physical\ninfirmity from the adequate performance of the duties of his office\nor if a resolution adjudicating the General unfit for office and\nremoving him therefrom should be passed by a majority of not less\nthan three-fourths of the members present and voting at a meeting of\n\nPreamble\nR3\n01/03/12\nSalvation Army Property Trust Act 1934\nEffective: 01/03/12\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nthe High Council of The Salvation Army as thereinafter provided\nfor:\nAnd whereas by a Deed Poll under the hand and seal of William\nBramwell Booth bearing date 1 June 1920, it was recited that the\nsaid William Booth had died on 20 August 1912, having by Deed\nPoll under his hand and seal dated 21 August 1890, in exercise of\nthe power in that behalf vested in him by the said Deed of\nConstitution as aforesaid appointed the said William Bramwell\nBooth to be his successor in the office of General of The Salvation\nArmy and that the said William Bramwell Booth had by Deed Poll\nunder his hand and seal dated 23 August 1912, duly accepted the\nsaid office:\nAnd whereas it was recited by the said recited Deed Poll of 1 June\n1920, that in connection with and as the outcome of the work\nteaching and experience of The Salvation Army in the United\nKingdom and in Australia and other countries of the world the said\nWilliam Booth and the said William Bramwell Booth had evolved\nand promulgated various operations for the social temporal and\nmoral welfare of the poorer and more needy classes of society and\nall persons who are destitute feeble-minded or vicious or suffering\nfrom injuries or sickness or ill health or orphans or for children\nneeding care in orphanages or reformatories and for other charitable\npurposes which operations are generally known and described as the\nSocial Work of The Salvation Army and which in relation to the\nCommonwealth of Australia (the Commonwealth) are sometimes\nreferred to as the Social Work and that in connection with the\ncarrying out of the Social Work in the Commonwealth the said\nWilliam Booth and the said William Bramwell Booth as his\nsuccessor in office had acquired certain real and personal property\nparticularised in the schedule thereto and other real and personal\nproperty would thereafter be acquired for the purposes of the Social\nWork and that it was thought desirable that the same respectively\nshould be kept distinct from the other or proper real and personal\nproperty of The Salvation Army and be used and devoted\n\nPreamble\npage 6 Salvation Army Property Trust Act 1934\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nexclusively in and to the Social Work in and connected with the\nCommonwealth and that the Social Work should be confined and\nregulated and the trusts of the said real and personal property\nalready acquired and thereafter to be acquired for or in connection\ntherewith declared as thereinafter appearing:\nAnd whereas by the said recited Deed Poll of 1 June 1920, the said\nWilliam Bramwell Booth declared that the real and personal\nproperty particularised in the said schedule and all property, real and\npersonal, which might thereafter be acquired by gift grant purchase\nor in any manner whatsoever for the purposes of the Social Work in\nor in connection with the Commonwealth and all real and personal\nproperty for the time being representing the same or any part thereof\nrespectively and all which are sometimes thereafter collectively\nreferred to as the trust property should at all times thereafter be held\nupon trust to use and apply the same and the income thereof for the\nsocial, temporal and moral welfare and the improvement of the\npoorer and more needy classes of society and all persons who were\ndestitute or vicious or feeble-minded or suffering from injuries or\nsickness or ill health or orphans or for children needing care in\norphanages or reformatories in the Commonwealth and for other\ncharitable purposes in connection with the Commonwealth in such\nways and by such means as the said William Bramwell Booth or\nother the Director as thereinafter defined for the time being of the\nSocial Work should at any time or from time to time think fit subject\nnevertheless to the provisoes therein contained:\nAnd whereas by the said Deed Poll now in recital it was provided\nthat the said Social Work should at all times thereafter be under the\noversight, direction and control of the person who should for the\ntime being be General of The Salvation Army and he should be\ncalled in relation to the Social Work the Director of the Social Work\n(the said Director) and that it should be his duty to determine and\nenforce the laws and to superintend the operations of the Social\nWork and to conserve the same and the trust property for the\npurpose of the trusts thereby declared:\n\nPreamble\nR3\n01/03/12\nSalvation Army Property Trust Act 1934\nEffective: 01/03/12\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAnd whereas it was provided that for the purpose of identifying or\nearmarking the trust property and the income thereof and of keeping\nthe same distinct from all property of The Salvation Army full\naccounts of all moneys contributed, collected or received for the\nSocial Work and of the application thereof should be kept in such\nmanner as to keep the same always distinct and separate from the\nproperty of The Salvation Army and that all conveyances, leases,\ntransfers, assignments and assurances made to the Director for the\ntime being for the purposes of the Social Work should be expressed\nto be made to him as such Director and should thereupon become\nsubject to the trusts of the presents now in recital and that whenever\nany property real or personal required for the purposes of the Social\nWork should be conveyed, leased, assigned, transferred or assured\nto any trustees or trustee other than the Director for the time being\nsuch trustees or trustee should in each case execute a sufficient\ndeclaration of trust so as in every case to enable the property so\nconveyed, leased, assigned, transferred or assured to be sufficiently\nidentified or earmarked as being property devoted to the purposes of\nthe Social Work:\nAnd whereas the said recited Deed Poll of 1 June 1920, set forth the\npowers which the Director should have over and on and concerning\nthe said trust property:\nAnd whereas at a duly convened meeting of the High Council of\nThe Salvation Army held at Sunbury in the United Kingdom on 13\nFebruary 1929, the High Council of The Salvation Army referred to\nin the said recited Deed Poll of 26 July 1904, duly and in\naccordance with the said Deed Poll adjudicated the said William\nBramwell Booth unfit for office and removed him therefrom and by\nway of record declared that the said adjudication was based upon the\nstate of health of the said William Bramwell Booth and the said\nHigh Council in pursuance of the power vested in it by the said\nDeed Poll of 26 July 1904, elected Edward John Higgins, a\nCommissioner of The Salvation Army, as successor in the office of\n\nPreamble\npage 8 Salvation Army Property Trust Act 1934\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nGeneral of The Salvation Army to the said William Bramwell\nBooth:\nAnd whereas by Deed Poll under his hand and seal dated 13\nFebruary 1929, the said Edward John Higgins duly accepted the said\noffice upon and subject to the terms of the said recited Deeds Poll\ndated 7 August 1878, and the 26 July 1904, respectively:\nAnd whereas the said William Bramwell Booth died on 16 June\n1929:\nAnd whereas it is expedient to provide that the whole of the\nproperty real and personal of The Salvation Army in the Territory\nwhich was at the time of his death held and now stands in the name\nof the said William Bramwell Booth upon the trusts of the\nhereinbefore recited Deeds Poll of 7 August 1878, and 26 July 1904,\nand the 1 June 1920, respectively, and also that all other property\nreal and personal of or to which The Salvation Army in the Territory\nis entitled held by and standing in the name of the said William\nBramwell Booth at the time of his death or now standing in the\nname or names of any other person or persons and which the\nGeneral for the time being of The Salvation Army as such General\nand as Director of the said Social Work of The Salvation Army\nrespectively is entitled to have vested in him upon the trusts of the\nsaid recited Deeds Poll according to the nature of the same shall vest\nin The Salvation Army (New South Wales) Property Trust\nincorporated under the Salvation Army (New South Wales) Property\nTrust Act 1929 (NSW) with the powers and authorities in this Act\nset forth:\nBe it therefore ordained by the Governor-General in and over the\nCommonwealth of Australia, with the advice of the Federal\nExecutive Council, in pursuance of the powers conferred by the Seat\nof Government Acceptance Act 1909 (Cwlth) and the Seat of\nGovernment (Administration) Act 1910–1930 (Cwlth), as follows:\n\nSection 1\nR3\n01/03/12\nSalvation Army Property Trust Act 1934\nEffective: 01/03/12\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Salvation Army Property Trust Act 1934.\n2 Definitions for Act\nIn this Act:\nNote A definition applies except so far as the contrary intention appears (see\nLegislation Act 2001, s 155).\nDeeds Poll means the Deed of Constitution, the Deed Poll under the\nhand of William Booth bearing date 26 July 1904, and the Deed Poll\nunder the hand and seal of William Bramwell Booth bearing date\n1 June 1920.\nGeneral or The General means the General of The Salvation Army\nunder its Constitution, or his attorney for the time being in the State\nof New South Wales duly authorised in that behalf, or such other\nperson as for the time being has vested in him under that\nConstitution general control and authority over the property in\nEngland of The Salvation Army, or the attorney for the time being\nin the State of New South Wales of that person duly authorised in\nthat behalf.\nthe Trust or the Trustees means The Salvation Army (New South\nWales) Property Trust, constituted under the Salvation Army (New\nSouth Wales) Property Trust Act 1929 (NSW), and any reference to\na majority of the Trustees shall be read as a reference to a majority\nof the persons for the time being constituting the Trust.\n3 Vesting of property in Trustees\nAll lands, tenements, and hereditaments, including chattels real\nsituate in the ACT, together with all rights, easements, and\nappurtenances relating thereto and all personal property which were\nat the time of his death held by and now stand in the name of\nWilliam Bramwell Booth, as General of The Salvation Army or\n\nSection 4\npage 10 Salvation Army Property Trust Act 1934\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDirector of the Social Work of The Salvation Army respectively,\nupon the trusts of the Deeds Poll, and all other lands, tenements, and\nhereditaments whatsoever, including chattels real situate in the\nTerritory, which at the commencement of this Act stand in the name\nof William Bramwell Booth or in the name or names of any other\nperson or persons in trust for The Salvation Army in the ACT, or for\nany of its funds or any auxiliary or department of its work or any\ncorps or institution of The Salvation Army in the ACT, or to which\nThe Salvation Army in the ACT is otherwise entitled, save and\nexcept any property held by The Salvation Army Auxiliary\nCompany of Australia Proprietary Limited, shall without any\nconveyance or transfer vest in the Trustees upon the trusts and with\nthe powers, authorities, and discretions and subject to the terms,\nprovisions, and conditions of this Act and the Deeds Poll, according\nto the particular trusts in each case upon which the same shall be\nheld at the commencement of this Act, but subject and without\nprejudice to any special trusts (if any) upon which the same may be\nheld, and subject also to any reservation, mortgage, charge,\nencumbrance, lien, or lease affecting the same respectively, and\nsubject and without prejudice to any resulting trust or any trust of\nany such lands, tenements, or hereditaments in favour of the donor\nor any person or corporation other than The Salvation Army, but\nupon and subject to no other trusts or provisions whatsoever.\n4 Powers of Trustees\nThe Trustees may exercise all the powers relating to the lands,\ntenements, and hereditaments and personal property hereby vested\nin them, and in respect of all lands, tenements, and hereditaments\nand personal property which may after the commencement of this\nAct be acquired by them or which may become vested in them\nunder this Act which are now exercisable by the General of The\nSalvation Army and the Director of the Social Work of The\nSalvation Army for the time being respectively under the Deeds\nPoll, according as they shall and may hold the same upon one or the\nother of the trusts of the Deeds Poll, and may exercise such powers\n\nSection 5\nR3\n01/03/12\nSalvation Army Property Trust Act 1934\nEffective: 01/03/12\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nand all or any of the powers by this Act conferred upon them,\nnotwithstanding there shall be for the time being any vacancy in the\noffice of General of The Salvation Army or the office of Director of\nthe Social Work of The Salvation Army.\n5 Trust property—how held\nAll property held by the Trustees shall, so far as the same is not\nsubject to any express trust, be held and dealt with by them in\naccordance with and subject to the powers and provisions of the\nDeeds Poll, according to the trusts upon which the property is held,\nand no person dealing with the Trustees shall be bound to inquire\ninto the propriety or necessity of any such dealing.\n6 Power to mortgage\nThe Trustees may, for the purpose of securing such sums of money\nas they deem requisite or necessary for the purposes of The\nSalvation Army or the Social Work of The Salvation Army,\nmortgage to any person any land or interest in land vested in the\nTrustees:\nProvided nevertheless that any moneys raised on any land or interest\nin land which shall for the time being be held upon trust for the\nSocial Work of The Salvation Army shall only be used for the\npurposes of the Social Work of The Salvation Army.\n7 Power to sell\nThe Trustees may sell by public auction or private contract as they\ndeem expedient, at such price as can be reasonably obtained for the\nsame, any real and personal estate vested in them and when sold\nconvey the same or any part thereof, and thereupon the same shall\nvest in the purchasers, their heirs, executors, administrators, or\nassigns according to the estate and interest of the Trustees therein\nabsolutely freed and discharged from the trusts affecting the same.\n\nSection 8\npage 12 Salvation Army Property Trust Act 1934\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Receipts for mortgage and purchase moneys etc\nThe receipt in writing of a majority of the Trustees or of any person\nthereto authorised by such majority in writing to receive the same\nfor the mortgage moneys raised on any property mortgage by the\nTrustees, or for the purchase money of any property sold under this\nAct, or for any moneys payable to them when exercising any of the\npowers by this Act conferred upon them, or when exercising any of\nthe powers for the time being vested in the General or the Director\nof the Social Work, as the case may be, under and by virtue of the\nDeeds Poll, shall exonerate the mortgagee and the purchaser and all\nother persons for the time being paying such moneys to the\nTrustees, or the person authorised to receive the moneys from seeing\nto the application of the same, and from all liability as to the\nmisapplication or non-application thereof and from inquiring into\nthe propriety or necessity of any mortgage or sale, lease, or other\ndealing whatsoever.\n9 Proceeds of sale of land held for the Social Work\nThe proceeds of the sale of any lands held for the purpose of the\nSocial Work shall be devoted to the purposes of the Social Work,\nand the Trustees may for such purposes acquire therewith other\nlands and buildings for the purposes of such Work.\n10 Evidence of resolutions\nA certificate purporting to be signed by the attorney for the time\nbeing of the General, of the appointment of a secretary or other\nofficer shall be prima facie evidence, and, in favour of the Crown\nand the Registrar-General and every person who deals for value\nwith the Trustees, conclusive evidence, of his or their due\nappointment, and a certificate signed by the secretary for the time\nbeing of the Trust as to who are the persons for the time being\nconstituting the Trust, and a certificate of the secretary certifying to\nany resolution of the Trustees shall be prima facie evidence, and, in\nfavour of the Crown and the registrar-general and every person who\n\nSection 11\nR3\n01/03/12\nSalvation Army Property Trust Act 1934\nEffective: 01/03/12\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndeals for value with the Trustees, conclusive evidence, as to who are\nthe Trustees for the time being, and of any such resolution.\n11 Construction of wills etc\nWhenever by any will, deed, or other instrument any property, real\nor personal, has been or is devised, bequeathed, given, granted,\nreleased, conveyed, or appointed or has been or is declared or\ndirected to be held upon trust to or for the benefit of The Salvation\nArmy or of any fund, institution, branch, or corps thereof or is\nrecoverable by or payable to The Salvation Army or by or to any\nfund, institution, branch, or corps thereof or be receivable by or\npayable to any officer thereof for the benefit of The Salvation Army\nor any of its funds, institutions, branches, or corps, or for its Social\nWork the will, deed, or instrument shall be construed and operate\nand take effect as though the Trustees were named therein, and the\nacknowledgment or receipt of the Trustees or a majority of them or\nof any person thereto authorised in writing by the Trustees, or a\nmajority of them, for any such gift shall be a sufficient discharge to\nthe person liable to deliver or transfer any such money or property\nunder the will, deed, or instrument, and all property, real or\npersonal, so devised, bequeathed, given, granted, released,\nconveyed, or appointed, or declared or directed to be held upon trust\nshall, subject to the trusts of the will, deed, or other instrument, and\nsubject to any direction to the contrary therein contained so far as\nthe same are capable of taking effect, be under the direction and\ncontrol of the Trustees, and they may call for the transfer,\nconveyance, or delivery thereof.\n12 Vesting in trustees of property given or devised etc for\nbenefit of The Salvation Army\n(1) Whenever by any will, deed, or other instrument, or by any gift or\ndisposition of property made before but not taking effect until after\nthe commencement of this Act, or by any will or other instrument or\nby any gift or other disposition of property made after the\n\nSection 13\npage 14 Salvation Army Property Trust Act 1934\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncommencement of this Act any real or personal property has been or\nis devised, bequeathed, or given to or for the benefit of The\nSalvation Army or to or for the benefit of any fund, corps,\ninstitution, branch, or auxiliary thereof, other than real or personal\nproperty devised, bequeathed or given to specific trustees upon trust\nfor The Salvation Army or for any such fund, corps, institution,\nbranch, or auxiliary thereof, all such real and personal property shall\nvest in the Trustees.\n(2) The Trustees shall hold any such real and personal property upon\nthe trusts (if any) declared in respect thereof, and if no such trusts\nhave been declared shall hold and deal with such real and personal\nproperty and the proceeds thereof in trust for The Salvation Army\nfor such purposes and in such manner as they deem expedient, and\nmay convey, transfer, or deliver any such real or personal property\nto such person and upon such trusts as they think fit, and the\nTrustees and any person to whom any such real or personal property\nis so conveyed, transferred, or delivered may sell, lease, mortgage,\nor otherwise deal with any such real or personal property:\nProvided that the receipt in writing of the Trustees or a majority of\nthem or of any person thereto authorised in writing by the Trustees\nor a majority of them of any moneys receivable by them in the\nexercise of those powers shall exonerate the person paying the same\nto them from seeing to the application thereof and all liability as to\nthe misapplication or non-application thereof, and no person shall be\nbound to inquire into the validity of any such sale, conveyance,\nlease, or mortgage.\n13 Preservation of rights of claimants\nNothing in this Act contained or that may be done under this Act\nshall be deemed prejudicially to affect or to deprive any person of\nany right whatsoever which he now has arising out of contract or\ntort, and any such right which may at the commencement of this Act\nhave been enforceable against the General or his predecessor in the\noffice of General of The Salvation Army and in respect of which\n\nSection 14\nR3\n01/03/12\nSalvation Army Property Trust Act 1934\nEffective: 01/03/12\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nright the property by this Act vested in the Trustees was liable may\nbe enforced against the Trustees.\n14 Vesting of rights of the General in the Trustees\nAny rights, including choses in action, arising out of contract or tort\nrelating to the real and personal property by this Act vested in the\nTrustees which were at the time of his death in the said William\nBramwell Booth or at the commencement of this Act are in the\nGeneral are hereby vested in the Trustees and may be enforced by\nthem.\n\nEndnotes\n1 About the endnotes\npage 16 Salvation Army Property Trust Act 1934\nEffective: 01/03/12\nR3\n01/03/12\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 the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\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.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR3\n01/03/12\nSalvation Army Property Trust Act 1934\nEffective: 01/03/12\npage 17\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 Salvation Army\nProperty Trust Ordinance 1934 No 11 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment 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 A1989-21,\ns 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\nSalvation Army Property Trust Act 1934 A1934-11\nnotified 3 May 1934 (Cwlth Gaz 1934 No 26)\ncommenced 3 May 1934\nas amended by\nSeat of Government (Designation) Ordinance 1938 Ord1938-25 s 2\nnotified 8 September 1938 (Cwlth Gaz 1938 No 53)\ns 2 commenced 8 September 1938\nLegislation after becoming Territory enactment\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64 sch\n1\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)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 357\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\n\nEndnotes\n3 Legislation history\npage 18 Salvation Army Property Trust Act 1934\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\npt 357 commenced 12 September 2001 (s 2 and see Gaz 2001 No\nS65)\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.34\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.34 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\n\nEndnotes\nAmendment history 4\nR3\n01/03/12\nSalvation Army Property Trust Act 1934\nEffective: 01/03/12\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nTitle\nTitle Ord1938-25 s 2\nEvidence of resolutions\ns 10 am A1993-64 sch 1; A2001-44 amdt 1.3868; A2011-48\namdt 1.51\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 Ord1938-25 31 August 1991\n2 A2001-44 18 July 2002\n© Australian Capital Territory 2012","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act implements the Preamble’s objective to vest Salvation Army property in a statutory Property Trust and to empower that Trust to manage the assets under the Deeds Poll. Subsequent amendments recorded in the endnotes and amendment history (procedural and evidentiary alterations such as to certificates/resolutions) refine administration and evidence rules (see amendment history/endnotes) but do not alter the Act’s core scope of vesting and trustee powers."},"complexity_factors":["Cross-reference to external private instruments (the Deeds Polls) creates interpretive dependency on non‑statutory documents (definitions and operation throughout; see s 2 and Preamble).","Statutory vesting with exceptions and reservations requires tracing existing encumbrances and any resulting trusts (vesting and exceptions: s 3).","Broad trustee powers to mortgage, sell and otherwise deal with real and personal property are expressed but contain limited statutory constraints (powers: ss 4, 6, 7).","Specific ring‑fencing of proceeds for Social Work adds a directed‑use obligation for certain assets (s 9; proviso to s 6).","Evidentiary rules make Trustee certificates and attorney certificates prima facie and, for Crown/registrar and value‑dealers, conclusive, reducing third‑party inquiry burdens but increasing reliance on internal records (s 10).","Automatic vesting of gifts, devises and bequests to the Trustees simplifies succession but may require the Trustees to determine trusts where none are declared (ss 11–12).","Non‑derogation clause preserves existing contractual and tort rights and makes enforcement against Trustees possible, implicating creditor and claimant rights (s 13).","Continuity provision allows exercise of powers despite vacancies in Salvation Army offices, concentrating operational discretion in the Trustees (s 4).","Amendment and registry history shows later technical/evidentiary adjustments rather than major structural changes (endnotes; amendment history)."],"plain_english_summary":"This Act vests Salvation Army land and personal property in the ACT in The Salvation Army (New South Wales) Property Trust and gives that Trust the legal authority to hold, manage, mortgage, sell and receive gifts under the terms of the Salvation Army Deeds Poll. It affects the Trustees, the General (and his attorney), donors and anyone dealing with Salvation Army property because Trustee receipts and certificates are conclusive and sale or mortgage proceeds earmarked for the Salvation Army’s Social Work must be applied to that work."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing a property holding mechanism for The Salvation Army in the ACT. The 2011 amendment (A2011-48) was purely consequential—updating evidence provisions to align with the Evidence Act 2011. The 1993 and 2001 amendments were similarly technical, updating references to the Registrar-General and modernising legislative citations. The scope has not expanded beyond property vesting and management."},"complexity_factors":["Extensive historical preamble (8 pages) recounting 19th and early 20th century Deeds Poll and succession of Generals, which provides context but is not operative law","Only 14 operative sections, with straightforward structure","4 defined terms in section 2 (Deeds Poll, General, the Trust/Trustees)","Cross-references to external documents (Deeds Poll of 1878, 1904, 1920) and NSW legislation (Salvation Army (New South Wales) Property Trust Act 1929)","Some conditional language regarding Social Work property (section 6 proviso, section 9)","Standard protective provisions for bona fide purchasers (sections 8, 10, 12) typical of property trust legislation"],"plain_english_summary":"This Act vests all Salvation Army property in the Australian Capital Territory in The Salvation Army (New South Wales) Property Trust, resolving ownership uncertainty that arose after William Bramwell Booth’s death. It lets the Trustees hold, manage, buy, sell and mortgage property for Salvation Army work and ensures gifts in wills pass to the Trustees.\n\nThat change protects donors, buyers and lenders who deal with the Trustees and preserves continuity of property management even if there is no sitting General."}},"importantCases":[],"_links":{"self":"/api/acts/salvation-army-property-trust-act-1934","history":"/api/acts/salvation-army-property-trust-act-1934/history","analysis":"/api/acts/salvation-army-property-trust-act-1934/analysis","conflicts":"/api/acts/salvation-army-property-trust-act-1934/conflicts","importantCases":"/api/acts/salvation-army-property-trust-act-1934/important-cases","documents":"/api/acts/salvation-army-property-trust-act-1934/documents"}}