{"id":"st-john-discharge-of-trusts-act-1997","name":"St. John (Discharge of Trusts) Act 1997","slug":"st-john-discharge-of-trusts-act-1997","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110287,"registerId":"sa:1997.19:2016-07-04:current","compilationNumber":"2016-07-04","startDate":"2016-07-04","status":"in_force","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"South Australia\nSt. John (Discharge of Trusts) Act 1997\nAn Act to provide a means of discharging or replacing charitable trusts affecting property held by or for the purposes of the St. John Ambulance; to provide for the disposition of property; and for other purposes.\n\nContents\n1\tShort title\n2\tInterpretation\n3\tPreparation of scheme\n4\tEffect of Scheme\n5\tCosts\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the St. John (Discharge of Trusts) Act 1997.\n2—Interpretation\n\t(1)\tIn this Act—\nland includes an estate or interest in land;\nSt. John association means—\n\t(a)\tthe Priory in Australia of the Grand Priory of the Most Venerable Order of the Hospital of St. John of Jerusalem; or\n\t(b)\tSt. John Ambulance Australia—South Australia Incorporated; or\n\t(c)\tSt. John Nominees (SA) Pty Ltd.\n\t(2)\tIf land is dedicated under the Crown Lands Act 1929, or another Act providing for the dedication of land, for use by a St. John association for a particular purpose specified in the instrument of dedication, the St. John association is taken for the purposes of this Act to be a trustee holding the land for the specified purpose.\n3—Preparation of scheme\n\t(1)\tA St. John association may prepare and submit to the Attorney-General a Scheme covering any land in the State that is, or may be, subject to a charitable trust of which a St. John association is the trustee.\n\t(2)\tIf the Minister makes a written request to a St. John association to prepare and submit a Scheme under subsection (1) in relation to land to which that subsection applies, the association must comply with the request within a reasonable time allowed in the request.\n\t(3)\tA Scheme—\n\t(a)\tmust indicate in relation to land to which the Scheme applies whether there is to be a transfer of ownership under the Scheme; and\n\t(b)\tif the land, or a part of the land, is to be subject to a charitable trust after the Scheme takes effect—must set out the terms of the trust and state whether the trust is to affect the whole or a part of the land and, if it is to affect part only of the land, specify the part of the land to which it is to apply.\n\t(4)\tThe Attorney-General, after consulting with any persons who, in the Attorney‑General's opinion, have a proper interest in the matter—\n\t(a)\tmay approve the Scheme without amendment; or\n\t(b)\tmay, with the association's agreement, amend the Scheme and approve the amended Scheme.\n\t(5)\tOn approval of the Scheme, notice of the approval, setting out the terms of the Scheme, must be published in the Gazette.\n\t(6)\tNo liability attaches to—\n\t(a)\tSt. John; or\n\t(b)\tthe Attorney-General; or\n\t(c)\ta person to whom St. John or the Attorney-General assigns responsibilities related to the preparation, investigation, evaluation or approval of a Scheme,\nfor an act or omission in good faith in anticipation of, or related to, the preparation, investigation, evaluation or approval of a Scheme.\n4—Effect of Scheme\n\t(1)\tOn publication of notice of approval of a Scheme in the Gazette—\n\t(a)\tthe land subject to the Scheme is discharged from all charitable trusts to which it was formerly subject; and\n\t(b)\tif the Scheme indicates that the land, or a specified part of the land, is to be subject to a charitable trust—a charitable trust arises on the terms stated in the Scheme; and\n\t(c)\tif the Scheme indicates that specified land is to be transferred to a specified person, the Scheme operates as a conveyance of the land to the nominated transferee.\n\t(2)\tIf a person to whom land is transferred under a Scheme—\n\t(a)\tapplies for registration of the transfer in a form approved by the Registrar-General; and\n\t(b)\tsubmits with the application—\n\t(i)\tthe Scheme (or a copy of the Scheme) duly stamped as a conveyance; and\n\t(ii)\tany other document that the Registrar-General may reasonably require; and\n\t(c)\tpays the appropriate fee,\nthe Registrar-General must register the transfer of the land under the Real Property Act 1886 or the Registration of Deeds Act 1935.\n5—Costs\n\t(1)\tWhen a Scheme is submitted for the Attorney-General's approval, the Attorney-General may, before investigating the Scheme, require from a person who may benefit from the Scheme an undertaking to pay, in whole or in part, the costs of investigating and evaluating the Scheme.\n\t(2)\tCosts payable under such an undertaking may be recovered as a debt due to the Crown.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1997\n19\nSt. John (Discharge of Trusts) Act 1997\n27.3.1997\n27.3.1997\n2016\n29\nReal Property (Electronic Conveyancing) Amendment Act 2016\n16.6.2016\nSch 2—4.7.2016 (Gazette 30.6.2016 p2761)\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\ns 4\n\ns 4(2)\namended by 29/2016 Sch 2\n4.7.2016","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"I cannot confirm whether the 1997 Act as enacted changed scope from its original purpose because the official text was not retrievable from the link provided. Based on the title and standard practice for similarly‑named South Australian private Acts, such laws are narrowly targeted to discharge or vest specific trusts and do not typically broaden into unrelated subjects. To verify any scope change (for example, expansions beyond named trusts or added regulatory powers) I need the enacted text or any amending instruments."},"complexity_factors":["Title suggests a private/narrow Act (typically short)","Likely small number of provisions (definitions, vesting/discharge mechanism, savings)","Probable cross‑references to other statutes (Trustee Act, Land Titles Act) which raises conditional logic","Potential retrospective validation clauses (adds legal complexity and litigation risk)","Possible interaction with administrative processes (registrar/supreme court orders)"],"plain_english_summary":"**Note on source material**\n\nI could not retrieve the Act text from the link you pasted: the South Australian legislation site returned a “Page Not Found.” What follows is a cautious, evidence‑light analysis based on the Act’s title and on how similarly‑titled South Australian private Acts are ordinarily structured. If you can supply the Act text or a working link I will replace this provisional analysis with a section‑by‑section review.\n\n**What this Act probably does, in plain language**\n\n- **Mechanical effect:** The St. John (Discharge of Trusts) Act 1997 is likely a short, targeted (private) statute that authorises the discharge, variation or vesting of one or more specific trusts associated with the St John organisation (for example, St John Ambulance). In practice that means it typically: (a) allows trust property to be vested in identified corporate or individual trustees, (b) releases former trustees from further liability once a vesting order or step is completed, and (c) validates past transactions or trustee actions if the Act contains retrospective clauses.\n\n- **Who it affects:** Directly — the trustees named in the Act (or the St John body corporate), the beneficiaries of the named trusts, and any creditors with security or recognised claims against trust property. Indirectly — government agencies (stamp duty, land titles), other parties with registered interests in affected property, and the courts if a vesting order or confirmation is required.\n\n- **How it works (typical mechanics):** These Acts commonly: define the trusts and the property involved; give power to the Supreme Court or to a designated official to make vesting or discharge orders; specify that on vesting the outgoing trustees are relieved (discharged) from further obligations; preserve or extinguish existing rights and liabilities as stated; and include savings and transitional provisions about notices, registrations and effect on third parties.\n\n- **Why it matters (claimed purpose and practical effect):** The stated purpose of such an Act is usually to clear legal obstacles preventing effective administration or re‑organisation of trust property — for example, to consolidate property under a single corporate trustee, to resolve doubts about the validity of prior trustee acts, or to enable sale/transfer of property that was locked by trust terms. Practically, it changes property ownership records, alters who can decide about use of assets, and limits the scope for beneficiaries or creditors to make future claims against the discharged trustees (subject to any preserved rights).\n\n**Policy and implementation trade‑offs (practical testing of purpose claims)**\n\n- Who pays and who benefits: beneficiaries may benefit from simpler administration or a single competent trustee, but beneficiaries with specific historic rights may see those rights curtailed (the Act’s clauses determine that). Trustees and the designated transferee body gain reduced administrative friction and legal certainty; government transaction costs (land registry, revenue) may change depending on any duty exemptions. Creditors may see their priority or remedies affected if the Act vests property free of existing limitations.\n\n- Incentives and costs: The measure reduces transaction and litigation costs for the named organisation by giving statutory clarity; it imposes risk for those whose rights are amended or extinguished if the Act contains retrospective validation. There is an implementation cost in updating land titles, re‑registering interests and providing notice to affected parties. If the Act grants broad discretionary powers to a trustee or official the chance of concentrated control increases and monitoring/compliance costs for beneficiaries rise.\n\n- Legal and administrative risks: Typical risks include imperfect notice to affected third parties, uncertainty if the Act cross‑references other statutes (for example, Trustee Act or Land Titles Act), and disputes about whether the Act actually extinguished particular contingent rights. If the Act attempts retrospective validation that may trigger litigation about prior conduct.\n\n**What to check in the actual text (key clauses to look for)**\n\n- precise definition of the trusts and property being dealt with;  \n- mechanism for discharge/vesting (Court order, ministerial certificate, or automatic on registry action);  \n- wording that discharges outgoing trustees and any time limits or conditions;  \n- treatment of beneficiaries’ existing rights and creditors’ claims (preserved, extinguished, or subject to compensation);  \n- any retrospective validation clauses;  \n- interaction with stamp duty/land titles (exemptions or directions to registrars); and  \n- transitional and savings provisions preserving other statutory obligations.\n\nIf you send the Act text or a working link I will do a point‑by‑point reading, quote key clauses, and assess legal effects with precise citations."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient data to assess whether the scope changed from original intent, as the legislative text could not be retrieved. The title suggests a narrow, purpose-specific Act with a defined and limited objective."},"complexity_factors":["Actual legislative text was unavailable — analysis is based on title inference only","Trust discharge legislation is typically narrow and targeted in scope, suggesting low inherent complexity","Limited cross-jurisdictional or regulatory interaction expected for a single-purpose Act of this kind"],"plain_english_summary":"Based on its title, this Act likely provides for the formal discharge or winding‑up of one or more St. John trusts — releasing trustees, resolving administrative issues, and enabling transfer or disposal of trust assets. It would primarily affect the named trustees, beneficiaries, and the St. John organisation in South Australia by clearing legal obstacles to concluding the trusts’ affairs."},"kimi_summary":{"content_quality":"rejected","complexity_score":1,"rejection_reason":"The provided text is a 'Page Not Found' error page from the SA Legislation website (legislation.sa.gov.au), not the actual St. John (Discharge of Trusts) Act 1997. The content contains only navigation links, an acknowledgement of country, and a notice about 2026 website updates. No legislative provisions, definitions, or operative text from the Act itself is present.","scope_assessment":{"changed":false,"description":"Not applicable - no legislative content provided"},"complexity_factors":["Not applicable - content is a website error page, not legislation"],"plain_english_summary":"This is not the actual legislation. The text provided is a \"Page Not Found\" error message from the South Australian legislation website. The user attempted to access the *St. John (Discharge of Trusts) Act 1997* but the link returned a 404 error page instead of the statute's content."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/st-john-discharge-of-trusts-act-1997","history":"/api/acts/st-john-discharge-of-trusts-act-1997/history","analysis":"/api/acts/st-john-discharge-of-trusts-act-1997/analysis","conflicts":"/api/acts/st-john-discharge-of-trusts-act-1997/conflicts","importantCases":"/api/acts/st-john-discharge-of-trusts-act-1997/important-cases","documents":"/api/acts/st-john-discharge-of-trusts-act-1997/documents"}}