{"id":"act-no-391-amendment-act-1925","name":"The Act No. 391 Amendment Act 1925","slug":"the-act-no-391-amendment-act-1925","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177821,"registerId":"vic-act-no-391-amendment-act-1925-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"The Act No. 391 Amendment Act 1925","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nThe Act No. 391 Amendment Act 1925\nAct No. 3396/1925\nVersion as at 26 February 2003\nTABLE OF PROVISIONS\nSection Page\n1. Short title and commencement 1\n2. Power to Governor to amend or vary allowance under\nAct No. 391 1\n3. Form of application 2\n4. Notice of application to be given by advertisement and by notice\nto non-consenting trustees 2\n5. Objections to application to be lodged 2\n6. Form of amendment or variation 3\n7. Trusts upon which trustees deemed to hold 3\n8. Copy of Government Gazette containing amendment or variation\nto be deposited with Registrar of Titles 3\n9. Application of provisions of No. 391 s. 10 4\n10. Provision for further applications 4\n__________________\nSCHEDULES 6\nFirst Schedule 6\nSecond Schedule 7\n═══════════════\nENDNOTES 8\n1. General Information 8\n2. Table of Amendments 9\n3. Explanatory Details 10\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nThe Act No. 391 Amendment Act 1925\nAct No. 3396/1925\nVersion as at 26 February 2003\nAn Act to provide for the Amendment or Variation of\nAllowances under the Act of the Parliament of Victoria\nproviding for the Abolition of State Aid to Religion and\nNumbered 391 and for other purposes.\nBE IT ENACTED by the King's Most Excellent Majesty by\nand with the advice and consent of the Legislative Council\nand the Legislative Assembly of Victoria in this present\nParliament assembled and by the authority of the same as\nfollows (that is to say):\n1. Short title and commencement\nThis Act may be cited as the The Act No. 391\nAmendment Act 1925 and shall be read and\nconstrued as one with the Act of the Parliament of\nVictoria numbered 391 (hereinafter called the\nPrincipal Act).\n2. Power to Governor to amend or vary allowance\nunder Act No. 391\nThe power conferred on the Governor by the\nPrincipal Act to allow any application for leave to\ndispose of any land to which the Principal Act\nrelates shall subject to this Act be construed as\nincluding a power exercisable from time to time\nand to the like extent and in the like manner and\nsubject to the like consent and conditions to\namend or vary any allowance made under the\nPrincipal Act (whether before or after the\ncommencement of this Act) so far only as relates\nto the powers of disposition and the purposes to\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3396/1925\nThe Act No. 391 Amendment Act 1925\n2\nwhich proceeds of disposition are to be applied set\nout in the statement of trusts contained in such\nallowance.\n3. Form of application\nEvery application to amend or vary any such\nallowance shall be made in the form in the First\nSchedule to this Act by and with the consent of\nthe like persons as are mentioned in section four\nof the Principal Act.\n4. Notice of application to be given by advertisement\nand by notice to non-consenting trustees\nSuch application to amend or vary any such\nallowance shall be lodged at the office of the\nMinister and within one month from the time of\nlodging the same the applicant shall give notice\nthereof by advertising the same at length in the\nGovernment Gazette and once in some newspaper\ncirculating in the neighbourhood of the land and\nby serving a copy of the application upon any\ntrustee of the land resident in Victoria who has not\nconsented to such application.\n5. Objections to application to be lodged\n(1) Within one month from the publication of the last\nadvertisement any person may lodge objections to\nthe amendment or variation of the allowance at\nthe office of the Minister, and a copy of every\nobjection so lodged shall be forwarded by the\nMinister to the applicant.\n(2) If no objection has been lodged as aforesaid the\nGovernor shall amend or vary the allowance in\naccordance with the application.\n(3) If any objection has been lodged as aforesaid the\nGovernor—\n(a) may if he deems it expedient refer any such\nobjection for the inquiry and report of any\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3396/1925\nThe Act No. 391 Amendment Act 1925\n3\nperson or persons appointed in that behalf by\nthe Governor;\n(b) may amend or vary the allowance in\naccordance with the application or may with\nthe consent of the applicant otherwise amend\nor vary the allowance; or\n(c) may refuse to amend or vary the allowance.\n6. Form of amendment or variation\n(1) Every amendment or variation of an allowance by\nthe Governor under this Act shall be made in the\nform in the Second Schedule to this Act.\n(2) Such amendment or variation shall be published in\nthe Government Gazette, and such publication\nshall be conclusive evidence that all the provisions\nof this Act in respect of the application for such\namendment or variation have been complied with.\n7. Trusts upon which trustees deemed to hold\nUpon the publication in the Government Gazette\nof such amendment or variation as aforesaid the\ntrustees for the time being shall hold and be\ndeemed to hold the land upon the trusts set out in\nthe allowance as amended or varied pursuant to an\napplication under this Act.\n8. Copy of Government Gazette containing\namendment or variation to be deposited with\nRegistrar of Titles\n(1) If a certificate of title to the land included in an\nallowance has been issued in accordance with an\napplication under the Principal Act prior to the\ngranting of an amendment or variation of such\nallowance, then within fourteen days from the\npublication in the Government Gazette of such\namendment or variation as aforesaid a copy of the\nGovernment Gazette containing such amendment\nor variation shall be deposited with and shall\ns. 6\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3396/1925\nThe Act No. 391 Amendment Act 1925\n4\nthereafter be retained by the Registrar of Titles\nunder the provisions of section fifty-five of the\nTransfer of Land Act 1915 as the document\ndeclaring the trusts of the land described in the\nrelevant allowance under the provisions of the\nPrincipal Act.\n(2) If an application has not been made to the\nRegistrar of Titles for a certificate of title to the\nland included in an allowance prior to the granting\nof an amendment or variation of such allowance\nthen such amended or varied allowance shall take\neffect as if the allowance as last amended or\nvaried were the original allowance under the\nPrincipal Act, and upon application being made to\nthe Registrar of Titles unde the Principal Act for a\ncertificate of title copies of the Government\nGazettes containing respectively the original\nallowance and the amendment or variation thereof\nshall together be deposited with and shall\nthereafter be retained by the Registrar of Titles\nunder the provisions of section fifty-five of the\nTransfer of Land Act 1915 as the documents\ndeclaring the trusts of the land as to which the\ncertificate issues.\n9. Application of provisions of No. 391 s. 10\nThe provisions of section ten of the Principal Act\nshall with such alterations modifications and\nsubstitutions as are necessary extend and apply for\nthe purposes of this Act.\n10. Provision for further applications\nIn the case where any allowance made under the\nprovisions of the Principal Act has been amended\nor varied pursuant to the provisions of this Act\nand any further application or applications for\namendment or variation of such allowance as so\namended or varied is or are made, then the\nprovisions of this Act shall take effect and apply\ns. 9\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3396/1925\nThe Act No. 391 Amendment Act 1925\n5\nas if the allowance as last amended or varied were\nthe original allowance under the Principal Act.\n__________________\ns. 10\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3396/1925\nThe Act No. 391 Amendment Act 1925\n6\nSCHEDULES\nFIRST SCHEDULE\nWhereas by virtue of the powers conferred by the Act of the Parliament of\nVictoria numbered 391 the Governor on the day of\nin the year allowed an application for leave to dispose of the\nland described in the said allowance: Now therefore I\nhead or authorized representative of the denomination known as\nwith the consent of [names of trustees] trustees of the said land and of [name\nand address of persons so entitled, if any] being the person or persons\nentitled to minister in or occupy a building or buildings upon the said land do\nhereby apply to the Governor of the State of Victoria to amend or vary the\nsaid allowance in manner hereinafter mentioned: And I certify—\nThat the only trustees of the said land resident in Victoria are [state names\nand addresses of all resident trustees];\nThat the only buildings upon the said land are [state generally the nature of\nall buildings on the land, or if none, state that there are none] and that the\nonly persons entitled to minister in or occupy the same are the above-named\n[if there are no such persons state the fact and omit preceding reference to\nthe consent of such persons].\nSignature of head or authorized representative—\nWe consent to this application—\nSignatures of trustees—\nSignatures of persons entitled to minister in or occupy building or\nbuildings—\nExisting Statement of Trusts:\n[Here set out from the existing Statement of Trusts––\n(a) the powers of disposition; and\n(b) the purposes to which proceeds of disposition are to be applied.]\nStatement of amendments or variations of existing Statement of Trusts\nhereby applied for––\n[Here state particulars of any amendments or variations sought in the\npowers or purposes aforesaid.]\n__________________\nSection 3.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3396/1925\nThe Act No. 391 Amendment Act 1925\n7\nSECOND SCHEDULE\nAn application having been made by the head or authorized representative of\nthe denomination of under the\nprovisions of The Act No. 391 Amendment Act 1925 for an amendment or\nvariation by the Governor of an allowance of the day of\nin the year made under the provisions of\nthe said Act of the Parliament of Victoria numbered 391 the following is the\nform of such amendment or variation [set out the powers of disposition or the\npurposes to which proceeds of disposition are to be applied (or both) as\namended or varied].\nAs witness the hand of the Governor of the State of Victoria the\nday of 19\nGovernor of the State of Victoria.\n═══════════════\nSection 6.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3396/1925\nThe Act No. 391 Amendment Act 1925\n8\nENDNOTES\n1. General Information\nThe Act No. 391 Amendment Act 1925 was assented to on 21 September\n1925 and came into operation on 21 September 1925.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3396/1925\nThe Act No. 391 Amendment Act 1925\n9\n2. Table of Amendments\nThere are no amendments made to The Act No. 391 Amendment Act 1925\nby Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3396/1925\nThe Act No. 391 Amendment Act 1925\n10\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: amending the 1870 Act No. 391 regarding state aid to religion. It does not expand beyond the specific mechanism of varying land disposition powers and purposes for religious trusts. The scope is procedural and administrative rather than substantive."},"complexity_factors":["Extensive cross-referencing to the Principal Act (Act No. 391 of 1870) which is not reproduced in this document","Nested conditional logic in section 5 regarding objections (three separate pathways depending on whether objections are lodged)","Dual pathway in section 8 depending on whether certificate of title has already been issued","Requires understanding of Governor-in-Council executive powers and Government Gazette publication requirements","Formal schedule-based application process with specific documentary requirements","Interaction with the Transfer of Land Act 1915 (cross-reference to section 55)","Recursive application provision (section 10) allowing multiple amendments treating each as the new baseline"],"plain_english_summary":"This 1925 Victorian law allows religious organisations to change the rules about how they can sell or use land that was originally granted to them by the government before the state stopped funding religion.\n\n**Background:** In 1870 (Act No. 391), Victoria stopped giving state aid to religion and put restrictions on how churches could sell or dispose of land they had received from the Crown. This 1925 law creates a process for churches to apply to change those original restrictions.\n\n**What it does:**\n- **Gives the Governor power to approve changes** to the original land grants (called \"allowances\"), specifically regarding:\n  - What powers the church has to sell or dispose of the land\n  - What purposes any sale money must be used for\n\n- **Sets out a formal application process:**\n  - Applications must be made by the head of the religious denomination with consent from trustees\n  - Must be advertised in the Government Gazette and a local newspaper\n  - Non-consenting trustees must be personally notified\n  - Objections can be lodged within one month\n  - The Governor can approve, modify, or reject applications after considering objections\n\n- **Updates land titles:** When changes are approved, copies must be lodged with the Registrar of Titles to update the official records\n\n**Who it affects:** Religious denominations (mostly churches) that hold land under the original 1870 Act No. 391, and their trustees.\n\n**Why it matters:** It provides flexibility for religious organisations to adapt the terms of their land holdings to changing circumstances, while maintaining government oversight to ensure the land continues to be used for appropriate purposes."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Act expands the Principal Act by expressly empowering the Governor to amend or vary existing allowances as to disposal powers and the use of proceeds (s.2). It also institutes a detailed procedure for applications, objections, publication and registration to give legal effect to such amendments (s.3–8, s.9–10)."},"complexity_factors":["Governor’s broad discretionary power to amend allowances but limited to disposition powers and application of proceeds (s.2)","Mandatory prescribed application and published forms set out in Schedules (s.3; Schedules)","Multiple notice and service requirements with strict one‑month timelines (s.4–5)","Objection mechanism allowing referral for inquiry, and Governor options to accept, modify or refuse (s.5)","Legal effect on trustees and trust interests upon Gazette publication (s.6–7)","Execution steps for land title effects, including 14‑day deposit requirement with Registrar of Titles and linkage to Transfer of Land Act 1915 s.55 (s.8)","Cross‑reference to and dependence on the Principal Act (No. 391), including application of its s.10 and treatment of successive amendments (s.1, s.9–10)","Procedural certainty (publication is conclusive evidence) combined with executive discretion creates administrative and evidentiary interactions (s.6)"],"plain_english_summary":"This Act creates a formal process for changing \"allowances\" previously granted under the Principal Act (No. 391): it authorises the Governor to amend or vary the powers to dispose of land and the purposes for which sale proceeds are applied (s.2). \n\nApplicants must use the prescribed form, give public notice and serve non‑consenting resident trustees, allow a one‑month objection period (s.3–5); the Governor may refer objections for inquiry, approve, modify or refuse the change, and any amendment is published and lodged with the Registrar of Titles (s.6–8)."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no substantive content of the Act was provided. There is insufficient information to compare original intent against enacted provisions."},"complexity_factors":["No substantive legislative content was provided — only metadata and administrative version history","The parent Act being amended ('Act No. 391') is not identified by name, making context impossible to determine","The 1925 vintage may involve archaic drafting conventions if full text were available","Amendment Acts are inherently dependent on the parent Act for interpretive context, which is absent here"],"plain_english_summary":"This 1925 Victorian Amendment Act (No. 391 Amendment Act 1925) amends an earlier Act numbered 391 and remains in force, but the legislative text itself isn’t provided here. Without the substantive wording, its practical effects on rights, duties, or organisations can’t be determined — to assess impact you’ll need to consult the full Act (e.g., via AustLII or the state legislation website)."}},"importantCases":[],"_links":{"self":"/api/acts/the-act-no-391-amendment-act-1925","history":"/api/acts/the-act-no-391-amendment-act-1925/history","analysis":"/api/acts/the-act-no-391-amendment-act-1925/analysis","conflicts":"/api/acts/the-act-no-391-amendment-act-1925/conflicts","importantCases":"/api/acts/the-act-no-391-amendment-act-1925/important-cases","documents":"/api/acts/the-act-no-391-amendment-act-1925/documents"}}