{"id":"terang-mechanics-institute-and-free-library-trust-act-1973","name":"Terang Mechanics Institute and Free Library Trust Act 1973","slug":"terang-mechanics-institute-and-free-library-trust-act-1973","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178618,"registerId":"vic-terang-mechanics-institute-and-free-library-trust-act-1973-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Terang Mechanics Institute and Free Library Trust Act 1973","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nTerang Mechanics Institute and Free Library\nTrust Act 1973\nAct No. 8584/1974\nVersion as at 26 February 2003\nTABLE OF PROVISIONS\nSection Page\n1. Short title and commencement 2\n2. Power to trustees to transfer and surrender land to Her Majesty 2\n3. Effect of registration on transfer 3\n4. Trustees to cease to be liable 3\n5. Leases and trust property and application of rent 3\n__________________\nSCHEDULE 5\n═══════════════\nENDNOTES 6\n1. General Information 6\n2. Table of Amendments 7\n3. Explanatory Details 8\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nTerang Mechanics Institute and Free Library\nTrust Act 1973\nAct No. 8584/1974\nVersion as at 26 February 2003\nAn Act to enable the Surrender to Her Majesty of the Property\nof the Terang Mechanics Institute and Free Library Trust free of\nthe Trust and of a certain Mortgage, to facilitate the\nAppointment of the Shire of Hampden as a Committee of\nManagement thereof under the Land Act 1958, and for\nPurposes connected therewith.\nPreamble\nWHEREAS the Terang Mechanics Institute and\nFree Library Trust (hereafter in this Act referred to\nas the \"Trust\") is registered under the provisions of\nthe Religious Successory and Charitable Trusts\nAct 1958 in the Register of Successory Trusts,\nFolium 462:\nWHEREAS the Trust is registered under the\nTransfer of Land Act 1958 as the proprietor of all\nthose pieces of land described in the Schedule to\nthis Act on which is erected the building known as\nthe Terang Mechanics Institute and Free Library:\nWHEREAS the trustees of the Trust (hereafter in\nthis Act referred to as the \"trustees\") are bound by\ndeclaration of trust made the 22nd day of May,\n1958, to hold and apply the property of the Trust\nfor or towards the purposes of the Terang\nMechanics Institute and Free Library:\nWHEREAS the property of the Trust is subject to a\nmortgage in favour of the Treasurer of Victoria to\nsecure the repayment of $40,000 paid by the\nTreasurer of Victoria on behalf of the Trust and the\nTrust has made default in making payments under\nthe mortgage:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8584/1974\nTerang Mechanics Institute and Free Library Trust Act 1973\n2\nWHEREAS the moneys received by the trustees by\nway of income from the trust property are no\nlonger sufficient to enable the trustees to comply\nwith the provisions of the mortgage:\nWHEREAS the President Councillors and\nRatepayers of the Shire of Hampden (hereafter in\nthis Act referred to as the \"Shire of Hampden\")\nhave agreed to manage and control the trust\nproperty on and after the First day of October,\n1973, for use for public purposes:\nAND WHEREAS it appears to be desirable in the\npublic interest that the trust property should be\nsurrendered to Her Majesty free of the trust\ndeclared on the 22nd day of May, 1958, and of the\nmortgage for the purpose of facilitating the\nappointment of the Shire of Hampden as a\ncommittee of management under the Land Act\n1958 of the property:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title and commencement\n(1) This Act may be cited as the Terang Mechanics\nInstitute and Free Library Trust Act 1973.\n(2) This Act shall come into operation on the day on\nwhich it receives the Royal Assent.\n2. Power to trustees to transfer and surrender land to\nHer Majesty\nNotwithstanding anything to the contrary in any\nAct or law or in the deed of trust declared by the\ntrustees of the Terang Mechanics Institute and\nFree Library on the 22nd day of May, 1958, and\nregistered under Part II of the Religious\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8584/1974\nTerang Mechanics Institute and Free Library Trust Act 1973\n3\nSuccessory and Charitable Trusts Act 1958 the\ntrustees for the time being of the Trust may\ntransfer and surrender to Her Majesty the land\ndescribed in the Schedule.\n3. Effect of registration on transfer\nUpon the registration in the Office of Titles of an\ninstrument of transfer of the land described in the\nSchedule from the trustees to Her Majesty the\nland shall be deemed—\n(a) to be freed and discharged from the said trust\nas on and from the First day of October,\n1973, and from any further liability to the\nTreasurer of Victoria under the said\nmortgage; and\n(b) to be unalienated land of the Crown freed\nand discharged from all trusts encumbrances\nlimitations and restrictions whatsoever and\nfrom every estate or interest therein and may\npursuant to the Land Act 1958 be reserved\nfor public purposes.\n4. Trustees to cease to be liable\nUpon the surrender to Her Majesty under this Act\nof the trust property the trustees shall in respect of\nthat property be freed and discharged from all\nliability under the trust.\n5. Leases and trust property and application of rent\n(1) Notwithstanding anything to the contrary in any\nAct or law the Shire of Hampden, when appointed\nas committee of management of the property so\nsurrendered and reserved may from time to time\ngrant a lease of the whole or any part of the land\ndescribed in the Schedule for business, social, or\nrecreational activities or for purposes connected\ntherewith.\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8584/1974\nTerang Mechanics Institute and Free Library Trust Act 1973\n4\n(2) Any lease under this section—\n(a) shall be subject to such covenants,\nconditions, exceptions, and reservations as\nthe Shire of Hampden thinks fit;\n(b) shall be for a term not exceeding 21 years;\nand\n(c) shall be subject to approval by the Governor\nin Council.\n(3) The moneys received by way of rent under any\nsuch lease shall be applied by the Shire of\nHampden towards the maintenance and\nimprovement of the land described in the\nSchedule or for any other purpose approved by the\nMinister.\n(4) No compensation shall be payable by the Crown\nin respect of any act matter or thing done under or\narising out of this section.\n__________________\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8584/1974\nTerang Mechanics Institute and Free Library Trust Act 1973\n5\nSCHEDULE\nAll those pieces of land being—\n(a) Crown Allotment A Section 2A Parish of Terang and being\nthe whole of the land described in Certificate of Title\nVolume 4631 Folio 034;\n(b) Crown Allotment C Section 2A Parish of Terang and being\nthe whole of the land described in Crown Grant Volume\n8113 Folio 979;\n(c) Crown Allotment B Section 2A Parish of Terang and being\nthe whole of the land described in Certificate of Title\nVolume 8121 Folio 897.\n═══════════════\nSection 2\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8584/1974\nTerang Mechanics Institute and Free Library Trust Act 1973\n6\nENDNOTES\n1. General Information\nThe Terang Mechanics Institute and Free Library Trust Act 1973 was\nassented to on 22 October 1974 and came into operation on 22 October 1974:\nsection 1(2).\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8584/1974\nTerang Mechanics Institute and Free Library Trust Act 1973\n7\n2. Table of Amendments\nThere are no amendments made to the Terang Mechanics Institute and\nFree Library Trust Act 1973 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8584/1974\nTerang Mechanics Institute and Free Library Trust Act 1973\n8\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act is narrowly focused and implements the specific, stated purpose set out in its preamble: to allow surrender of the Terang Mechanics Institute trust land to the Crown free of the trust and mortgage so the Shire of Hampden can be appointed as committee of management. It does not broaden that purpose or add new policy aims beyond facilitating that transfer and setting post‑transfer management and leasing rules."},"complexity_factors":["Short Act: 5 operative sections plus a Schedule listing 3 land parcels","Limited number of defined or technical terms; mostly ordinary statutory verbs (transfer, surrender, register, reserve)","Cross‑references to three other Acts: Religious Successory and Charitable Trusts Act 1958, Transfer of Land Act 1958, Land Act 1958 (increases legal navigation required)","Conditional legal effect tied to registration in the Office of Titles (s.3) — a single technical trigger","Administrative discretion points: Governor in Council approval for leases (s.5(2)(c)) and Shire discretion over lease terms (s.5(2)(a))","Ring‑fencing of rent application and no‑compensation clause (s.5(3)–(4)) which create enforceable use limits","Preamble records factual history (mortgage amount, default, local council agreement) that is material to interpretation","Few exceptions or nested conditions — largely direct, hence low structural complexity"],"plain_english_summary":"**What this Act does (mechanics first)\n\n- It lets the trustees of the Terang Mechanics Institute and Free Library transfer the specified land to the Crown (Her Majesty) even if the deed of trust or other laws would otherwise prevent that (s.2).  The parcels are listed in the Schedule.\n- When an instrument of transfer is registered in the Office of Titles, the land is treated as freed from the 1958 trust and from the mortgage to the Treasurer (s.3).  The land becomes unalienated Crown land and can be reserved for public purposes under the Land Act 1958 (s.3(b)).\n- Once the surrender is effected, the trustees are discharged from all liability in relation to that property (s.4).\n- The Shire of Hampden, once appointed as committee of management under the Land Act, may grant leases of all or part of the land for business, social or recreational activities (s.5(1)).  Those leases are subject to conditions the Shire thinks fit, limited to 21 years, and require Governor in Council approval (s.5(2)).  Rents must be applied to maintenance/improvement of the land or other Minister-approved purposes (s.5(3)).  The Crown is not required to pay compensation in respect of acts done under s.5(4).\n\n**Who this affects\n\n- The trustees of the Terang Mechanics Institute and Free Library: they can transfer the land and, on transfer, will be released from liability under the trust and from the mortgage (s.2–4).\n- The Treasurer of Victoria (state): the mortgage securing $40,000 (described in the preamble) is discharged on transfer, so the State loses that mortgage security once the transfer is registered (s.3(a)).\n- The Shire of Hampden: intended manager of the land as a committee of management under the Land Act; the Shire gains power to grant leases and control use of the land subject to limits (s.5).\n- Potential lessees and users: private businesses, social clubs or recreational users may lease parts of the land under terms set by the Shire and approved by the Governor in Council (s.5).\n\n**Why it matters (stated purpose and operational effects)\n\n- Stated purpose: to enable surrender of the property free of the 1958 trust and mortgage so the land can be appointed to the Shire of Hampden as a committee of management for public use (preamble; s.2).\n\n- Operationally this does three concrete things: (1) converts private charitable trust land into Crown land when transfer is registered (s.3); (2) removes trustees' ongoing obligations and their exposure under the mortgage (s.4); and (3) places day‑to‑day management power (including leasing power) with the local council committee, subject to higher‑level approval and limits (s.5(1)–(3)).\n\n**Costs, incentives, trade-offs and implementation mechanics\n\n- Who pays and who benefits: the trustees (and the Trust) benefit from release from liability; the Treasurer/state effectively absorbs the written‑down mortgage claim because the mortgage is discharged on registration (s.3(a)). The Shire gains management rights and can generate rental income for maintenance (s.5(3)).\n- Incentives and behaviour changes: trustees are incentivised to surrender the property because it removes their mortgage liability (s.4). The Shire is incentivised to find income‑generating uses (leases up to 21 years) to fund upkeep (s.5(1)–(3)). Private parties gain the opportunity to lease parts of the land but the leases are subject to council and Governor in Council controls (s.5(2)).\n- Limits on private freedom and competition: leases are discretionary (subject to covenants the Shire sets) and require Governor in Council approval, which introduces administrative discretion and a central approval checkpoint (s.5(2)(a),(c)). Rents are ring‑fenced for maintenance or Minister‑approved purposes (s.5(3)), so they are not general revenue for the Shire.\n- Fiscal and opportunity costs: the State gives up mortgage security and takes on the land management role; any net cost of maintenance not met by rent may fall on the Crown or require further local funding. The Act contains an explicit no‑compensation clause for Crown actions under s.5(4), limiting liability to pay compensation for management decisions.\n- Implementation steps and legal conditions: transfer only takes full legal effect when the transfer instrument is registered in the Office of Titles (s.3). The Land Act 1958 procedures and Governor in Council approvals are preconditions for how the Crown will manage and lease the land after transfer (preamble; s.5(2)(c)).\n- Compliance burden and discretion: the administrative costs are limited — registry, local council management and seeking approvals — but the Act creates points of discretion (Shire sets lease terms; Governor in Council must approve leases; Minister may approve alternative uses of rent) that affect outcomes (s.5(2),(3)).\n\n**Other legal cross‑references and technical notes\n\n- The Act operates with and overrides parts of the deed of trust registered under the Religious Successory and Charitable Trusts Act 1958 and land‑title arrangements under the Transfer of Land Act 1958 (s.2; preamble).\n- The Schedule identifies three cadastral parcels by certificate/grant references; those specific land descriptions limit the Act's operation geographically.\n\n**Net effect in plain terms\n\n- This is a narrowly targeted statutory transaction: it turns specified trust land into Crown land (on registration), clears the trustees of liabilities (including a stated mortgage), and hands local management to the Shire with power to lease for up to 21 years subject to higher approval and ring‑fenced use of rents (ss.2–5; Schedule)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a private Act (sometimes called a 'special' or 'local' Act) with a very narrow, specific purpose stated in the preamble and long title. It has not expanded beyond its original intent to facilitate the transfer of specific land in Terang from a failing trust to the Crown for public management. The scope remains exactly as originally enacted."},"complexity_factors":["Only 5 operative sections plus a Schedule","No defined terms section (terms defined inline or by context)","Single purpose legislation with straightforward conditional logic","Minimal cross-referencing (only references to Land Act 1958, Religious Successory and Charitable Trusts Act 1958, and Transfer of Land Act 1958)","No nested exceptions or complex procedural requirements","Straightforward temporal trigger (registration of transfer triggers discharge of trust and mortgage)","Schedule contains simple land descriptions using standard Victorian title references"],"plain_english_summary":"This is a very specific, one-off law from 1973 that solved a local problem in Terang, Victoria.\n\n**What it does:**\nThe Act lets the trustees of the Terang Mechanics Institute and Free Library hand over their land to the Victorian government (\"Her Majesty\"). Normally, they couldn't do this because:\n- The land was locked in a trust (a legal arrangement where property must be used for specific purposes)\n- The land was mortgaged to the state government for $40,000, and the Trust had stopped making payments\n\n**Who it affects:**\n- **The Trust:** A charitable organisation that ran a mechanics institute and library in Terang (a small town in western Victoria)\n- **The Shire of Hampden:** The local council that agreed to take over managing the property for public use\n- **The Crown:** The Victorian government, which took ownership of the land\n\n**Why it matters:**\nThe Trust was broke. It couldn't pay its mortgage, and the building was falling into disuse. This law cut through the legal knots by:\n1. Cancelling the trust obligations\n2. Wiping the mortgage debt\n3. Letting the local council (Shire of Hampden) take over as \"committee of management\" under the Land Act 1958\n4. Allowing the council to lease parts of the building for community or commercial use (up to 21 years), with rent going back into maintaining the property\n\nIn short, it was a legislative rescue package to save a community building from financial collapse and put it back to public use."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to remain consistent with its original intent — establishing and maintaining a formal legal trust for the Terang Mechanics Institute and Free Library. There is no indication of scope creep or significant amendments that have broadened or narrowed its original purpose."},"complexity_factors":["Extremely narrow and localised scope — applies to a single community institution in one town","Minimal substantive legislative content visible in the provided text","Straightforward trust establishment — a well-understood legal mechanism","No apparent cross-references to complex regulatory frameworks","Limited number of affected parties reduces interpretive difficulty"],"plain_english_summary":"The Act creates and confirms a legal trust to govern the Terang Mechanics Institute and Free Library, giving the local organisation clear authority to own property, manage funds and operate the community hall and library. It primarily affects Terang residents, the appointed trustees, and anyone with a legal interest in the Institute’s assets, preserving its ability to serve the town."}},"importantCases":[],"_links":{"self":"/api/acts/terang-mechanics-institute-and-free-library-trust-act-1973","history":"/api/acts/terang-mechanics-institute-and-free-library-trust-act-1973/history","analysis":"/api/acts/terang-mechanics-institute-and-free-library-trust-act-1973/analysis","conflicts":"/api/acts/terang-mechanics-institute-and-free-library-trust-act-1973/conflicts","importantCases":"/api/acts/terang-mechanics-institute-and-free-library-trust-act-1973/important-cases","documents":"/api/acts/terang-mechanics-institute-and-free-library-trust-act-1973/documents"}}