{"id":"temperance-halls-act-1958","name":"Temperance Halls Act 1958","slug":"temperance-halls-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174123,"registerId":"vic-temperance-halls-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Temperance Halls Act 1958","content":"Version No. 013\n\n**Temperance Halls Act 1958**\n\n**No. 6392 of 1958**\n\nVersion incorporating amendments as at  \n18 October 2012\n\n**table of provisions**\n\n*Section Page*\n\n1 Short title and commencement 1\n\n2 Repeal and savings 1\n\n3 Trustees of temperance halls may lease lands 2\n\n4 Trustees may borrow moneys on security of rents of lands 3\n\n5 Assignment to be by deed 3\n\n6 Debentures may be issued 3\n\n7 Receiver 4\n\n8 Receipts of trustees to discharge lessees 4\n\n9 Power to make regulations with regard to trustees and committees 5\n\n__________________\n\nSCHEDULE—repeal 6\n\nENDNOTES 7\n\n1. General Information 7\n\n2. Table of Amendments 8\n\n3. Explanatory Details 9\n\n**Version No.** **013**\n\n**Temperance Halls Act 1958**\n\n**No. 6392 of 1958**\n\nVersion incorporating amendments as at  \n18 October 2012\n\nAn Act to consolidate the Law relating to the Demise of Certain Lands and Buildings by the Trustees of Temperance Halls and the Raising of Certain Loans by such Trustees.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n\t1 Short title and commencement\n\nThis Act may be cited as the **Temperance Halls Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\n\t2 Repeal and savings\n\n(1) The Act mentioned in the Schedule to this Act to the extent thereby expressed to be repealed is hereby repealed accordingly.\n\n(2) Except as in this Act expressly or by necessary implication provided—\n\n(a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing thereunder immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Act had not been so repealed;\n\n(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any regulation order recommendation appointment demise loan assignment deed debenture receipt petition liability or right made effected issued granted given presented accrued incurred or acquired or existing or continuing by or under such repealed Act before the commencement of this Act.\n\nNo. 3785 s. 3.\n\n\t3 Trustees of temperance halls may lease lands\n\ns. 3\n\nWhere any lands have been granted by the Governor in Council to trustees in trust that the same may be used as a site for a temperance hall with a provision in such grant against the alienation by such trustees of such land either in fee-simple or for any less estate or interest, the trustees for the time being of such land may on the recommendation of the committee of management at any time and from time to time notwithstanding the conditions provisoes and declarations in any such grant by the Governor in Council contained demise from year to year or for any term not exceeding twenty-one years any of such lands and any buildings and erections thereon which are not immediately required for the purpose of such temperance hall upon such terms and subject to such conditions and reservations in all respects as to the trustees seem fit; and the rents of any lands and buildings so demised shall be applied by such trustees in paying the interest due on any moneys borrowed by them under the authority of this Act or any corresponding previous enactment, or in repaying the principal moneys so borrowed or in and towards the erection of buildings for the purpose of a temperance hall or offices and conveniences connected therewith or generally for the purposes thereof on any such lands held by them.\n\nNo. 3785 s. 4.\n\n\t4 Trustees may borrow moneys on security of rents of lands\n\ns. 4\n\nAny such trustees may for the purpose of erecting a temperance hall or offices and conveniences connected therewith on such lands or for any other purpose connected therewith borrow and take up moneys at interest on the credit of the rents of any lands or buildings demised by them under the authority of this Act or any corresponding previous enactment and for the purpose of securing the repayment of any moneys so to be borrowed by them and the payment of the interest thereon may assign over the rents of any lands and buildings demised by them under the authority of this Act or any such enactment to the person who lends or advances such moneys or his trustees as a security for the repayment of the money so to be borrowed together with interest for the same:\n\nProvided that no money shall be so borrowed by any such trustees until the purpose to which it is proposed to apply the borrowed moneys and the amount to be borrowed have been approved by the Governor in Council, and any moneys so borrowed shall be applied to such purposes approved as aforesaid and to none other.\n\nNo. 3785 s. 5.\n\n\t5 Assignment to be by deed\n\nSuch security may be by deed, in which the consideration shall be truly stated.\n\nNo. 3785 s. 6.\n\n\t6 Debentures may be issued\n\nAny moneys borrowed under the authority of this Act on the security of the rents of any lands or buildings as aforesaid may be raised by the issue of debentures payable to bearer with interest coupons annexed.\n\nNo. 3785 s. 7.\n\nS. 7  \namended by No. 110/1986 s. 140(2) (Sch.).\n\n\t7 Receiver\n\ns. 7\n\nIn default of payment of any principal moneys or interest secured by an assignment of any of such rents or due in respect of any debenture whether such assignment or debenture was made or issued before or after the commencement of this Act, the Supreme Court may on application by the person who has lent or advanced any such principal moneys or of his trustees or of the holder of any such debenture from time to time appoint some person or persons to be a receiver or receivers of the whole or portion of such rents so assigned or so much of any such rents coming to the trustees as are sufficient to pay any moneys due by way of principal or interest on any such debenture and may at any time remove any person so appointed.\n\nEvery such receiver shall be deemed an officer of and shall act under the direction of the Supreme Court, and shall be entitled to receive the whole or any portion of such rents so assigned or so much of any such rents coming to the trustees as is sufficient to pay any moneys due by way of principal or interest on any such debenture and to be paid such commission as and by way of remuneration as the Supreme Court directs.\n\nSuch receiver shall hold all such moneys received by him after payment of costs and expenses and of his commission for the benefit of the person who has lent or advanced such principal moneys or his trustees or of the holders of any such debenture as aforesaid (as the case may be).\n\nNo. 3785 s. 8.\n\n\t8 Receipts of trustees to discharge lessees\n\nThe receipts of such trustees for the rents of any of the said lands shall be effectual discharges to lessees thereof, who shall be in no manner concerned to see to the application of the rents of any part thereof.\n\nNo person lending or advancing any money under the provisions of this Act shall be bound to see to the application or be answerable for the loss or misapplication thereof.\n\nNo. 3785 s. 9.\n\n\t9 Power to make regulations with regard to trustees and committees\n\ns. 9\n\nThe trustees and committee of management of any temperance hall in whom any land granted by the Crown is vested may from time to time subject to the approval of the Governor in Council make alter and repeal regulations for regulating the appointment election resignation and removal of trustees of the same, and for regulating the constitution and appointment or election of a committee or committees to conduct and manage such temperance hall and for defining the powers of any such committee or committees.\n\n__________________\n\nSection 2.\n\nSCHEDULE\n\nSch.\n\n| *Number   of Act* | *Title of Act* | *Extent of Repeal* |\n| --- | --- | --- |\n| 3785 | **Temperance Halls Act 1928** | The whole |\n\n\n\n\nENDNOTES\n\n1. General Information\n\n\nEndnotes\n\nThe **Temperance Halls Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.\n\n1. Table of Amendments\n\n\nEndnotes\n\nThis Version incorporates amendments made to the **Temperance Halls Act 1958** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Supreme Court Act 1986, No. 110/1986**\n\n| Assent Date: | 16.12.86 |\n| --- | --- |\n| Commencement Date: | 1.1.87: s. 2 |\n| Current State: | All of Act in operation |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n1. Explanatory Details\n\n\nEndnotes\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"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":"No. The Act consolidates and repeals the earlier Temperance Halls Act 1928 while expressly preserving existing appointments, deeds, loans and liabilities (s.2; Schedule). Its operative powers—leasing, borrowing secured by rents, issuing debentures, and court receivership—are preserved in the text, though s.7 has been amended as noted in the endnotes."},"complexity_factors":["Governor in Council approval required for borrowings (s.4) — adds an executive approval step to access funds.","Supreme Court power to appoint receivers on default (s.7) — introduces judicial discretion over rent collection and receiver remuneration.","Permitted leases up to 21 years despite grant prohibitions (s.3) — creates trustee discretion to alienate use for set terms.","Assignment by deed with true consideration and ability to issue bearer debentures (s.5–6) — produces negotiable commercial securities and conveyancing formalities.","Trustees' receipts discharge lessees and lenders need not monitor application of funds (s.8) — allocates monitoring and loss risk between trustees and lenders.","Regulation‑making power for trustees and committees subject to Governor in Council approval (s.9) — layered administrative rule‑making.","Repeal and savings preserve continuity of prior appointments, deeds, loans and rights (s.2 & Schedule) — creates interpretive continuity with earlier law.","Amendment history affecting receivership is noted in endnotes (Supreme Court Act 1986) — requires cross‑reference to later instruments for full effect."],"plain_english_summary":"This Act lets trustees of Crown‑granted temperance‑hall lands lease those sites (up to 21 years), borrow money secured by the rents, issue bearer debentures, and apply rents or borrowed funds to approved temperance‑hall purposes. Lessees pay rent; lenders are secured by assigned rents and may ask the Supreme Court to appoint a receiver on default. Governor in Council approval is required for proposed borrowings."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling trustees of temperance halls to lease surplus land and borrow against rental income. The 1958 Act was a consolidation of the 1928 Act, and the only subsequent amendment (1986) merely updated the court reference from 'Supreme Court' to reflect modern court structures. The scope has not expanded beyond the specific historical circumstances of temperance hall trusts established under Crown grants."},"complexity_factors":["Short statute (only 9 operative sections plus schedule)","Minimal defined terms (no dedicated interpretation section)","Straightforward conditional logic (primarily Governor in Council approval requirements)","Single cross-reference to Supreme Court Act 1986 (updating court nomenclature)","Clear purpose statement in long title with logical section sequencing","Some archaic language ('demise', 'fee-simple', 'provisoes') but contextually clear","Simple savings provision in section 2 preserving existing rights"],"plain_english_summary":"This law gives special powers to trustees who manage **temperance halls** (buildings used for alcohol-free social gatherings and community meetings, popular in the 19th and early 20th centuries).\n\n**What it does:**\n- **Allows leasing:** Trustees can rent out land and buildings that aren't being used for the temperance hall, even if the original Crown grant said the land couldn't be sold or leased. Leases can last up to 21 years.\n- **Allows borrowing:** Trustees can borrow money using the rental income as security, but only if the Governor in Council approves the purpose and amount first.\n- **Protects lenders:** People who lend money to the trustees don't have to check that the money is spent properly—they're protected if the trustees mismanage funds.\n- **Creates enforcement mechanisms:** If trustees don't repay loans, the Supreme Court can appoint a **receiver** (an independent person) to collect the rents directly and pay the lenders.\n- **Lets trustees make rules:** Trustees can create regulations about how they and their management committees are appointed and how they operate, subject to government approval.\n\n**Who it affects:**\n- Trustees of historic temperance halls in Victoria (mostly 19th-century community buildings)\n- Tenants leasing land or buildings from these trusts\n- Lenders providing loans secured against temperance hall rental income\n\n**Why it matters:**\nThis is a niche, historical law that solved a specific problem: many temperance halls were built on Crown land that legally couldn't be leased or used as loan security. This Act carved out an exception, letting trustees generate income from unused portions to maintain the halls or pay off debts. It's essentially a financial management tool for a declining network of heritage community institutions."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained focused on its original narrow purpose of governing temperance hall properties since 1958. The consolidated version suggests minor amendments over time but no fundamental change in scope. The temperance movement's decline means the Act's practical reach has shrunk over time, but its legal scope appears unchanged."},"complexity_factors":["Narrow and highly specific subject matter limits broad interpretive complexity","Historical legislation from 1958 may use archaic legal language and concepts","Property and trust law elements (common in charitable/community hall legislation) can add procedural complexity","Limited publicly available guidance or case law given the niche subject matter","Full text was not provided, preventing complete analysis of provisions"],"plain_english_summary":"This short Victorian statute deals with the ownership, management and possible transfer or disposal of properties used as temperance halls — historic community buildings associated with the temperance movement. It mainly affects trustees, administrators and any organisations or communities with an interest in such halls, and potentially local councils if buildings pass to public use. Although largely historical and narrowly relevant today, it still matters for property or governance disputes involving surviving temperance halls."}},"importantCases":[],"_links":{"self":"/api/acts/temperance-halls-act-1958","history":"/api/acts/temperance-halls-act-1958/history","analysis":"/api/acts/temperance-halls-act-1958/analysis","conflicts":"/api/acts/temperance-halls-act-1958/conflicts","importantCases":"/api/acts/temperance-halls-act-1958/important-cases","documents":"/api/acts/temperance-halls-act-1958/documents"}}