{"id":"churches-christ-victoria-property-act-1941","name":"The Churches of Christ in Victoria Property Act 1941","slug":"the-churches-of-christ-in-victoria-property-act-1941","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176397,"registerId":"vic-churches-christ-victoria-property-act-1941-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"The Churches of Christ in Victoria Property Act 1941","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nThe Churches of Christ in Victoria Property\nAct 1941\nAct No. 4818/1941\nVersion incorporating amendments as at 17 August 2001\nTABLE OF PROVISIONS\nSection Page\n1. Short title 4\n2. Definitions 4\n3. Incorporation 5\n4. Vesting of property 8\n5. Registration in Office of Titles 8\n6. Vesting of donations etc. 8\n7. Churches enabled to appoint corporation to act as trustee\nunder existing trusts 9\n8. Churches enabled to appoint corporation despite terms of\ntrust deed 10\n9. Power to body corporate to act as trustee for committees etc.\nof Churches 13\n10. Power to body corporate to transfer to duly appointed\nrepresentatives 13\n11. Certificate by secretary to be prima facie evidence 13\n12. First Trustees 14\n13. Power to make rules 15\n14. Power to revoke rules 16\n15. Limitation of liability 16\n16. Right of reimbursement 16\n17. Power of amendment of trusts in First Schedule 16\n18. Power to body corporate to borrow and mortgage or charge\ntrust property 17\n19. Power to body corporate to sell and convey trust property etc. 17\n20. Protection of mortgagees purchasers etc. dealing with\ncorporation 17\n__________________\n\nVictorian Legislation and Parliamentary DocumentsSection Page\nii\nSCHEDULES 19\nSCHEDULE 1 19\nSCHEDULE 2 21\nSCHEDULE 3 30\n═══════════════\nENDNOTES 31\n1. General Information 31\n2. Table of Amendments 32\n3. Explanatory Details 33\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nThe Churches of Christ in Victoria Property\nAct 1941\nAct No. 4818/1941\nVersion incorporating amendments as at 17 August 2001\nAn Act to incorporate by the Name of The Properties\nCorporation of the Churches of Christ the Trustees of certain\nProperties of the Churches of Christ in Victoria and to vest\ncertain of the Properties of the said Churches in Victoria in such\nCorporation, and for other purposes.\nPreamble\nWHEREAS prior to the year One thousand nine\nhundred and thirteen an association called the\n\"Churches of Christ in Victoria\" had been formed\nand a committee known as the \"Church Extension\nCommittee\" had been appointed to act as trustees\nfor the Church property on behalf of such of the\nChurches of Christ in Victoria as might desire such\nCommittee to act in such capacity and to acquire\nand hold all freehold or other property belonging to\nany such Church of Christ in Victoria:\nAND WHEREAS such Committee was under the\ncontrol and supervision of the Conference of the\nChurches of Christ in Victoria:\nAND WHEREAS in the year One thousand nine\nhundred and thirteen the said Conference of the\nChurches of Christ in Victoria passed a resolution\nthat all freehold and other property then held by\nthe said Church Extension Committee or which\nmight in the future be acquired by such Committee\nshould be vested in trustees who should hold the\nsame on the terms of a trust deed then about to be\nprepared which trust deed, when prepared, was to\nbe submitted for approval to the next annual\nmeeting of the Conference of the Churches of\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n2\nChrist in Victoria and by such resolution the said\nConference of the Churches of Christ in Victoria\nresolved that the first trustees of such proposed\ndeed should be Robert Lyall, Charles Hardie,\nAlfred Millis, and William Cameron Craigie:\nAND WHEREAS pursuant to such resolution a\nDeed of Trust was duly prepared and submitted to\nthe Annual Conference of the Churches of Christ\nin Victoria held in the year One thousand nine\nhundred and fourteen:\nAND WHEREAS by a resolution of the said\nConference of the Churches of Christ in Victoria\nduly passed on the eleventh day of April One\nthousand nine hundred and fourteen the said\nConference duly approved the said Deed of Trust:\nAND WHEREAS the said Deed of Trust was on\nthe twentieth day of May One thousand nine\nhundred and fourteen duly executed by the said\nRobert Lyall, Charles Hardie, Alfred Millis, and\nWilliam Cameron Craigie and the same bears such\ndate:\nAND WHEREAS by the said Deed of Trust the\nsaid Robert Lyall, Charles Hardie, Alfred Millis,\nand William Cameron Craigie declared that they\nhad not nor had any of them ever had any\nbeneficial estate or interest whatsoever in the lands\nset forth in the Schedule thereto and that the same\nand all other lands which might be vested in them\nupon the trusts thereof would be held by them\nupon the trusts and with the powers therein set\nforth and declared:\nAND WHEREAS pursuant to Application No. 539\nthe trusts declared by the said Deed of Trust were\non the twenty-ninth day of September One\nthousand nine hundred and fifteen registered in the\nOffice of the Registrar of Titles of the State of\nVictoria as a Successory Trust under Part III of the\nTrusts Act 1915 and the same is now a Successory\nTrust under Part II of the Religious Successory\nand Charitable Trusts Act 1928:\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n3\nAND WHEREAS by a supplementary Deed of\nTrust dated the eighteenth day of June One\nthousand nine hundred and twenty-six the then\ntrustees of the said Successory Trust in exercise of\nthe power in that behalf conferred upon them by\nthe hereinbefore recited Deed of Trust altered the\ntrusts of such last-mentioned Deed of Trust and\ndeclared that the maximum number of trustees\nshould be increased from five to seven:\nAND WHEREAS by a resolution of the\nConference of the Churches of Christ in Victoria\nduly passed on the eleventh day of April One\nthousand nine hundred and twenty-five the name\nof the said Church Extension Committee was\nchanged to the \"Church Extension Properties\nTrusts and Bequests Committee\":\nAND WHEREAS the Second Schedule to this Act\ncontains a list of all real property now held by the\npresent trustees of the said Successory Trust upon\nthe trusts set forth in the said Deed of Trust dated\nthe twentieth day of May One thousand nine\nhundred and fourteen as altered by the said\nSupplementary Deed of Trust dated the eighteenth\nday of June One thousand nine hundred and\ntwenty-six:\nAND WHEREAS it is expedient that a body\nshould be incorporated by the name of \"The\nProperties Corporation of the Churches of Christ\"\nto perform the trusts heretofore performed by the\nsaid Church Extension Properties Trusts and\nBequests Committee and the trusts provided for in\nthis Act and that all real property held upon the\ntrusts declared by the said Deed of Trust dated the\ntwentieth day of May One thousand nine hundred\nand fourteen as altered by the said Supplementary\nDeed of Trust dated the eighteenth day of June\nOne thousand nine hundred and twenty-six should\nbe held by the body corporate upon the trusts set\nforth in the First Schedule to this Act and that the\nbody corporate should have the powers rights and\nauthorities hereinafter conferred on it:\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n4\nAND WHEREAS the said Church Extension\nCommittee or the said Church Extension Properties\nTrusts and Bequests Committee is or may be\nnamed as a beneficiary or cestui-que-trust in, and\nhas or may have powers duties and privileges\nconferred on it by wills, declarations of trusts,\ndeeds, contracts, and other assurances and\nagreements:\nAND WHEREAS to remove doubts it is desirable\nto provide that such wills, declarations of trusts,\ndeeds, contracts, and other assurances and\nagreements shall take effect as if the same were\nexecuted entered into or made by with to or in\nfavour of the body corporate:\nBE IT THEREFORE ENACTED by the King'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\nThis Act may be cited as The Churches of Christ\nin Victoria Property Act 1941.\n2. Definitions\nIn this Act unless inconsistent with the context or\nsubject-matter—\n\"Conference\" means the Conference of the\nChurches of Christ in Victoria acting for the\ntime being under its constitution;\n\"rules\" means the rules made by the body\ncorporate pursuant to this Act;\n\"the body corporate\" means The Properties\nCorporation of the Churches of Christ as\nincorporated by this Act;\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n5\n\"Trustees\" (except in sections seven and eight)\nmeans the persons who are for the time being\nthe Trustees constituting the body corporate.\n3. Incorporation\n(1) There shall be a body corporate by the name of\n\"The Properties Corporation of the Churches of\nChrist\" consisting of the Trustees appointed by or\nunder this Act; and the body corporate shall have\nperpetual succession and a common seal and\nunder that name may sue and be sued prosecute\nand defend and take and suffer all other\nproceedings in all courts civil or criminal and it\nshall be lawful for the body corporate to take\npurchase receive hold and enjoy real and personal\nproperty of any description whatsoever and also to\nsell grant exchange convey demise reserve or\ngrant easements over or otherwise dispose of or\ndeal with either absolutely or by way of mortgage\ncharge lien or other encumbrance any of the\nproperty real or personal which may at any time\nbelong to the body corporate and generally to\nexercise subject to the provisions of this Act all\npowers incidental to a body corporate.\n(2) The number of Trustees shall be not more than\nseven.\n(3) The Trustees for the time being shall have the\ncustody of the common seal of the body corporate\nand the form of such seal and all other matters\nrelating thereto shall from time to time be\ndetermined at a meeting of the Trustees.\n(4) The common seal of the body corporate shall not\nbe affixed to any document except by the\nauthority of a resolution of the Trustees and the\naffixing of the seal shall be attested by at least two\nof the Trustees or in such other way as the\nTrustees from time to time appoint and such\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n6\nattestation shall be sufficient evidence of the\nauthority to affix the seal.\n(5) The production of a document which purports to\nbe executed in accordance with the requirements\nof sub-section (4) of this section shall in all cases\nbe prima facie evidence, and in favour of the\nCrown, the Registrar-General, the Registrar of\nTitles, and every person who deals for value with\nthe Trustees be conclusive evidence, that such\ndocument was executed in accordance with the\nrequirements of the said sub-section.\n(6) The Trustees or such number thereof as are\nprescribed by the rules acting in pursuance of a\nresolution of the Trustees may exercise any power\nconferred by this Act on the Trustees or the body\ncorporate.\n(7) At a meeting of the Trustees unless otherwise\nprovided by the rules three shall form a quorum.\n(8) The six persons declared by this Act to be the first\nTrustees shall hold office as such until the first\nannual general meeting of the Conference\nfollowing the date of the passing of this Act when\nthey shall retire and Trustees shall thereupon be\nappointed by the Conference the retiring Trustees\nbeing eligible for re-election. Save as aforesaid\nevery Trustee shall hold office until his office is\nvacated pursuant to sub-section (10) hereof or\nuntil his office is declared vacant by a resolution\nduly passed at a general meeting of the\nConference.\n(9) Subject to the next succeeding sub-section the\npower of appointing Trustees to hold office under\nthis Act shall be vested in the Conference to be\nexercised by it only at an annual general meeting.\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n7\n(10) If any Trustee dies or resigns by letter under his\nhand addressed to the Chairman for the time being\nof the Trustees or becomes bankrupt or\ncompounds with his creditors or is convicted of\nany indictable offence or any offence for which he\nis sentenced to imprisonment or is absent for four\nconsecutive meetings of the Trustees without\nleave of the Trustees or ceases to be a member of\nsome Church of Christ in Victoria his office shall\nbecome vacant and the remaining Trustees may\ndeclare his office vacant and temporarily appoint a\nmember of some Church of Christ in Victoria to\nfill such vacancy until the next annual general\nmeeting of the Conference when the person thus\ntemporarily appointed shall retire; but the\ncontinuing or surviving Trustees may act\nnotwithstanding vacancies from any cause. No act\nor acts of the Trustees shall be rendered invalid by\nreason of the incapacity of any of the members.\n(11) If at the first annual general meeting of the\nConference following the date of the passing of\nthis Act the Conference fails to elect the persons\nto be Trustees as provided in sub-section (8)\nhereof then the six original Trustees appointed by\nthis Act shall continue to act as Trustees as though\nthey were Trustees duly appointed by the\nConference and if at any annual general meeting\nof the Conference the Conference fails to elect a\nperson to be a Trustee to fill any vacancy\ntemporarily filled by the Trustees pursuant to the\npower in that behalf conferred by sub-section (10)\nhereof then the Trustee appointed by the Trustees\nshall continue to act until the next annual general\nmeeting of the Conference.\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n8\n4. Vesting of property\nImmediately after the passing of this Act all real\nproperty set forth in the Second Schedule to this\nAct shall vest in the body corporate for an estate\nin fee simple without the necessity for any\nconveyance transfer or other assurance of such\nproperty and all such real property shall subject to\nthe provisions of this Act be held upon the trusts\nset out in the First Schedule to this Act and the\nRegister of Successory Trusts shall thereupon as\nto such real property be closed and the Registrar\nof Titles shall upon production to him of any\ndocuments of title indorsed under section sixteen\nof the Religious Successory and Charitable\nTrusts Act 1928 cancel such indorsement.\n5. Registration in Office of Titles\nWhere any property vested in the body corporate\nunder or by virtue of this Act consists of property\nregistered under the Transfer of Land Act 1958\nthe Registrar of Titles on application to him in that\nbehalf and proof to his satisfaction of the facts\nrelating thereto and on payment of the proper fees\nshall give effect in the Register to such vesting by\nregistering the body corporate as the proprietor of\nsuch property.\n6. Vesting of donations etc.\nEvery donation gift disposition and trust of\nproperty real or personal lawfully made or\ndeclared before or after the passing of this Act by\ndeed will codicil or otherwise to or in favour of\nthe Churches of Christ in Victoria or to or in\nfavour of the Church Extension Committee of the\nChurches of Christ in Victoria or the Church\nExtension Properties Trusts and Bequests\nCommittee of the Churches of Christ in Victoria\nor to the members or trustees thereof respectively\nor any person or persons or corporation for or on\ns. 4\nS. 5\namended by\nNo. 18/1989\ns. 13(Sch. 2\nitem 15(a)(i)\n(ii)).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n9\nbehalf of or upon trust for the Churches of Christ\nin Victoria or for or on behalf of or upon trust for\nthe said Church Extension Committee or the said\nChurch Extension Properties Trusts and Bequests\nCommittee of the Churches of Christ in Victoria\nshall take effect as if the same had been made to\nor in favour of or for or on behalf of or upon trusts\nfor the body corporate to be held by it upon the\ntrusts (if any) declared by such deed will codicil\nor otherwise but so far as such trusts (if any) do\nnot extend to or are not inconsistent with the trusts\nset forth in the First Schedule to this Act the same\nshall be held upon the last-mentioned trusts.\n7. Churches enabled to appoint corporation to act as\ntrustee under existing trusts\nIt shall be lawful for the trustee (if only one) or\nthe trustees (if more than one) of any Church of\nChrist in Victoria or the members of any such\nChurch in all cases with the consent of the body\ncorporate to appoint the body corporate to act as\ntrustee of any real or personal property held by\nsuch trustee or trustees or held on behalf of such\nmembers and upon acceptance by the body\ncorporate of any such appointment the real or\npersonal property shall be transferred conveyed\nassigned or otherwise assured to the body\ncorporate and such real or personal property shall\nthenceforth be held upon the same trusts as those\nupon which such property was previously held but\nso far as such trusts do not extend to or are not\ninconsistent with the trusts set forth in the First\nSchedule to this Act such property shall be held\nby the body corporate upon such last-mentioned\ntrusts.\ns. 7\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n10\n8. Churches enabled to appoint corporation despite\nterms of trust deed\n(1) It shall be lawful for the trustee (if only one) or\nthe trustees (if more than one) of any Church of\nChrist in Victoria or a majority of such trustees or\nfor the members or a majority of the members for\nthe time being of any such Church to convene (in\nthe manner hereinafter provided) a special\nmeeting of the members of the Church of which\nhe or they is or are the duly elected trustee or\ntrustees or a majority of such trustees or of which\nthey are the members or a majority of the\nmembers, and at such meeting the members of\nsuch Church shall elect one of their number\npresent to be chairman of the said meeting and\nany member present may at such special meeting\npropose a motion in the form set out in the Third\nSchedule to this Act and the Chairman if such\nmotion is duly seconded shall after discussion\nthereon put the motion to the vote of the members\nof such Church present at such meeting and the\nmotion shall be deemed carried if two-thirds of\nthe members present and voting vote in favour of\nthe motion.\n(2) A special meeting of the members of a Church of\nChrist convened as aforesaid shall be convened by\npublic notice specifying the time place and\npurpose thereof given in the Chapel or building\nwhich may for the time being be used by the said\nmembers for the purpose of Divine Worship such\nnotice to be given once at each Divine Service on\neach of the two Sundays next preceding such\nmeeting at the usual time for giving notices during\nDivine Service:\nProvided that if at any time or from any cause the\nsaid Chapel or building is wholly or in part\ndestroyed or damaged to such an extent as to\nrender it unsafe or undesirable to occupy the same\ns. 8\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n11\nfor the purpose of worship or if there is no Chapel\nor building used by the said members for Divine\nWorship then and in any such case it shall be\ncompetent to give notice of such meeting setting\nforth the time place and purpose thereof by the\npublication of such notice upon at least the next\nsix days immediately preceding the holding of\nsuch meeting (such six days to be exclusive of any\nSunday) in one daily newspaper circulating in the\ndistrict in which the Church property is situated.\n(3) The only persons entitled to propose or second\nany motion or to vote at any such special meeting\nshall be those persons who have been members of\nthe Church for at least the preceding six months\nand have attained the age of twenty-one years and\nhave been present at the Communion of the said\nChurch or the Lord's Table once at least during the\npreceding three months.\n(4) If the said motion is carried as aforesaid then it\nshall be lawful for (but not obligatory upon) the\nbody corporate to accept a transfer conveyance\nassignment or other assurance of any real or\npersonal property held in trust for or belonging to\nany such Church of Christ from the trustee or\ntrustees or any member or members of any such\nChurch of Christ or from any other person or\npersons entitled or able to transfer convey assign\nor otherwise assure such real or personal property\nand upon such acceptance and completion of such\ntransfer conveyance assignment or other assurance\n(and if necessary upon registration of the same)\nthe body corporate shall hold such real or personal\nproperty upon the trusts declared in the First\nSchedule to this Act notwithstanding that such\nreal or personal property may have previously\nbeen held upon some other trust or trusts.\ns. 8\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n12\n(5) If the said motion is carried as aforesaid and if the\nbody corporate is willing to accept a transfer\nconveyance assignment or other assurance as\naforesaid but—\n(a) the person or persons in whom the real or\npersonal property is for the time being vested\nrefuses or refuse or for a period of one\ncalendar month after being requested in\nwriting fails or fail to execute and deliver\nsuch transfer conveyance assignment or\nother assurance to the body corporate; or\n(b) any such person or persons in the opinion of\nthe chairman for the time being of the\nTrustees for the time being constituting the\nbody corporate is or are dead or unable to be\nfound or absent from Victoria—\nthen in any of such events the said chairman may\nexecute such transfer conveyance assignment or\nother assurance in lieu of such person or persons:\nProvided always that the execution by such\nchairman of a transfer conveyance assignment or\nother assurance under any of the circumstances\naforesaid shall be as valid and effectual for all\npurposes as if the same had been executed by the\nperson or persons refusing or failing to execute\nand deliver such transfer conveyance assignment\nor other assurance or being dead unable to be\nfound of absent from Victoria as aforesaid and the\nmere fact or execution by such Chairman shall be\nconclusive proof for all purposes that all matters\nand conditions preliminary to such execution by\nhim as required by this section have duly occurred\nor have been duly complied with.\ns. 8\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n13\n9. Power to body corporate to act as trustee for\ncommittees etc. of Churches\nIt shall be lawful for the body corporate to act as\ntrustee in respect of any real or personal property\nfor or on behalf of any committee organization or\ndepartment of Churches of Christ in Victoria or of\nany Church of Christ in Victoria or for or on\nbehalf of the Federal Conference of Churches of\nChrist in Australia.\n10. Power to body corporate to transfer to duly\nappointed representatives\nIt shall be lawful for the body corporate at any\ntime with the direction and consent of the\nConference and subject to any conditions\ndetermined by the Conference (which direction\nconsent and conditions shall be verified by a\nresolution duly passed by the Conference) to\ntransfer convey assign or otherwise assure to the\npersons named in such resolution any property\n(real or personal) for the time being subject to the\ntrusts declared by this Act but any such property\nshall only be transferred conveyed assigned or\notherwise assured subject to any mortgage charge\nliability or debt then existing thereon or affecting\nthe same; and after any such transfer conveyance\nassignment or assurance the property so\ntransferred conveyed assigned or assured shall be\nfreed and discharged from the trusts declared by\nthis Act.\n11. Certificate by secretary to be prima facie evidence\nA certificate by any person purporting to act as\nsecretary of the body corporate stating that—\n(a) any person is a Trustee as defined in this\nAct;\ns. 9\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n14\n(b) any real or personal property is held by the\nbody corporate upon the trusts set forth in\nthe First Schedule to this Act or is held on\ntrusts other than the trusts set forth in the\nsaid First Schedule; or\n(c) the statement of trusts set out in the First\nSchedule to this Act has in accordance with\nthe provisions of section seventeen of this\nAct been altered modified amended or added\nto in the manner set out in the certificate—\nshall be prima facie evidence of the facts so\nstated.\n12. First Trustees\n(1) The first Trustees are hereby declared to be the\nfollowing persons who shall hold the offices\nhereinafter mentioned:\nChairman Robert Lyall\nTreasurer Robert Lyall\nSecretary Richard Enniss\nMembers\n\n\n\n\n\nJohn Edwin Austin\nJames McGregor Abercrombie\nGeorge Leslie Murray\nFrederick Norman Lee\n(2) Save as aforesaid the chairman treasurer and\nsecretary of the body corporate shall be appointed\nfrom the Trustees by the Conference and in\ndefault of or pending any such appointment by\nConference shall be elected by the Trustees.\n(3) Any of the Trustees may without vacating his\noffice as Trustee retire from the office of\nchairman or treasurer or secretary of the body\ncorporate or from more than one of such offices if\nhe holds more than one.\ns. 12\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n15\n13. Power to make rules\n(1) The body corporate may from time to time make\namend or revoke rules for or with respect to any\nor all of the following purposes—\n(a) the regulation of the proceedings of the body\ncorporate or any committee thereof and\n(without restricting the generality of this\nparagraph) provision for a quorum or for a\ncasting vote in case of equality of votes;\n(b) the appointment of committees and the\nelection of members to serve thereon;\n(c) the carrying on of the duties of the body\ncorporate or of any committee in the event of\nthe absence of a quorum at any meeting or\nthe failure to elect the members or any of the\nmembers of any committee or any officer of\nthe body corporate;\n(d) prescribing the duties of any committee or\nofficer;\n(e) the method of calling meetings and the\nmanner of giving notice of meetings to\nmembers;\n(f) the custody of the common seal of the body\ncorporate; and\n(g) generally all matters whatsoever affecting\nthe management of the body corporate not\ninconsistent with the laws of Victoria.\n(2) No such rules shall be of any force or effect unless\nthe same are passed at a general meeting of the\nTrustees, the notice of which meeting shall\ncontain a statement that such rules will be\nconsidered at the meeting.\n(3) The Conference at any annual general meeting\nmay by resolution rescind any such rule.\ns. 13\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n16\n14. Power to revoke rules\nThe Governor in Council may by Order at any\ntime revoke any such rule and every Order by\nwhich any such rule is revoked shall be published\nin the Government Gazette and shall take effect\nfrom the time of such publication.\n15. Limitation of liability\nNo Trustee shall except in the case of bad faith be\nliable or accountable for any acts matters or things\ndone or omitted to be done by such Trustee in\nabout or in connexion with the carrying out of the\nrights powers or authorities conferred by this Act.\n16. Right of reimbursement\nEvery Trustee shall be entitled to deduct and\nretain and also to allow his co-trustees to deduct\nand retain out of any moneys or effects coming to\nhis hands by virtue of his office as a Trustee all\ncosts charges and expenses of and incidental to\nthe trusts herein declared.\n17. Power of amendment of trusts in First Schedule\n(1) The statement of the trusts set out in the First\nSchedule to this Act may at any time and from\ntime to time be altered modified amended or\nadded to by the body corporate by resolution duly\npassed at a general meeting of the Trustees, the\nnotice of which meeting shall contain a statement\nthat such alteration modification amendment or\naddition will be considered at the meeting, but no\nsuch alteration modification amendment or\naddition shall have any effect until it is ratified by\na resolution of the Conference duly passed at an\nannual general meeting.\n(2) When the statement of the trusts set out in the\nFirst Schedule to this Act is effectively altered\nmodified amended or added to in accordance with\nthe provisions of the last preceding sub-section,\ns. 14\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n17\nthe said First Schedule shall be read and construed\nand take effect as so altered modified amended or\nadded to.\n18. Power to body corporate to borrow and mortgage or\ncharge trust property\nThe body corporate may from time to time borrow\nor secure the payment of any sum or sums of\nmoney and for that purpose may mortgage or\ncharge all or any real or personal property for the\ntime being vested in it.\n19. Power to body corporate to sell and convey trust\nproperty etc.\nThe body corporate may from time to time sell the\nwhole or any part of any real or personal property\nfor the time being vested in it or any interest\ntherein or easement relating thereto by public\nauction or private contract as the Trustees deem\nexpedient at such price and upon such terms as to\npayment of purchase money and on such\nconditions and subject to such restrictive\ncovenants and generally in such manner as they\nthink fit and may convey transfer or assign the\nsame or any part thereof to the purchaser or\npurchasers thereof or as he or they directs or direct\nand the property so conveyed transferred or\nassigned shall thereupon be absolutely freed and\ndischarged from the trusts affecting the same.\nNothing in section ten of this Act shall be deemed\nto limit or affect the operation of this section.\n20. Protection of mortgagees purchasers etc. dealing\nwith corporation\n(1) The receipt in writing of the Trustees or of the\nbody corporate or of any person or persons\nauthorized by them or it in writing to receive the\nsame for the mortgage moneys raised on any\nproperty mortgaged by the body corporate or for\ns. 18\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n18\nthe purchase money of any property sold under\nthis Act or for any other moneys payable to the\nTrustees or the body corporate shall exonerate the\nmortgagee the purchaser and any other person\npaying such moneys as aforesaid from seeing to\nthe application of the same and from all liability\nas to the misapplication or non-application thereof\nand from inquiring into the propriety or necessity\nof any mortgage sale lease or other dealing\nwhatsoever.\n(2) This section shall be read in aid of and not in\nderogation from any other protection afforded to\nany such mortgagee purchaser or person by any\nother Act now or hereafter in force.\n__________________\ns. 20\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n19\nSCHEDULES\nFIRST SCHEDULE\n1. To erect or permit to be erected upon all or any pieces of land subject to\nthe trusts declared in this Act or any part of such land a church chapel or\nother place of religious worship or religious teaching or any other\nbuildings erections and improvements.\n2. To permit and suffer any such church chapel or place of religious\nworship or religious teaching or other buildings erections and\nimprovements with the appurtenances to be used occupied and enjoyed\nas and for a place of religious worship or religious teaching by a\ncongregation of the religious body known as the Churches of Christ in\nVictoria and for public meetings and services held according to the\ngeneral rules and usages for the time being of the Churches of Christ in\nVictoria and for Sunday or other school purposes and for such other\npurposes as may from time to time be determined by the body\ncorporate. The congregation of any church may be allowed to manage\nits own internal affairs.\n3. To repair alter enlarge take down rebuild or otherwise deal with the\nbuildings erections or improvements for the time being standing on any\nland for the time being subject to the trusts declared in this Act or\npermit the same to be repaired altered enlarged taken down rebuilt or\notherwise dealt with so as to render the same better adapted for the\npurposes thereof and to erect or permit the erection of additional\nbuildings erections or improvements.\n4. To raise by mortgage of any land or property subject to the trusts\ndeclared in this Act or by a deposit of the title deeds thereof or in any\nother manner whatsoever with or without giving security such sum or\nsums of money as the body corporate may think fit for all or any of the\npurposes of the trusts declared herein or for paying off any debts or\nliabilities or for the benefit of the church property in question.\n5. To sell and dispose of any piece of land church or chapel place of\nreligious worship or religious teaching building erection or\nimprovement or any estate or interest in the same respectively or any\nhereditaments or premises or any part or parts of the same respectively\neither by public auction or private contract and together or in parcels\nand either at one and the same time or at different times for such\npurposes and on such conditions and subject to such restrictive\ncovenants and in such manner as the body corporate shall think fit or to\nexchange the same or any part thereof respectively for any other\nhereditaments of freehold tenure and pay or receive any money (if any\nbe payable or receivable) by way of equality of exchange with power to\nPreamble,\nsections 4,\n6–8, 11, 17.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n20\ngrant reserve and create easements of any nature whatsoever and to\ntransfer convey and assure the land hereditaments and premises sold\ndisposed of or exchanged to the purchaser or purchasers thereof or as he\nshe or they may direct and absolutely discharged from this Act and the\ntrusts hereby declared. The body corporate shall apply the money to\narise from any such sale disposition or exchange as aforesaid so far as\nthe same shall extend to the discharge of all encumbrances liabilities\nand responsibilities (whether personal or otherwise) lawfully contracted\nin respect of the said land hereditaments or premises and subject thereto\nfor such purposes of the Churches of Christ in Victoria as the body\ncorporate may decide.\n6. To purchase or otherwise acquire such real and personal property and\npremises as the body corporate may consider suitable for the purposes\nof the Churches of Christ in Victoria either for cash or upon terms and\nsecure the purchase money or any part thereof by mortgage or overdraft\nor otherwise as the body corporate may think fit.\n7. To hold any lands hereditaments or premises taken in exchange\npurchased or otherwise acquired by the body corporate and all buildings\nerected thereon upon the same trusts and with and subject to the same\npowers and provisions as are hereby declared.\n8. To let or demise for any period any piece of land buildings\nhereditaments or premises subject to these trusts or any part thereof and\nmake arrangements with tenants and others and to accept surrenders of\nleases or tenancies.\n9. To manage and repair and insure houses buildings and erections and do\nall such acts as may be desirable for the benefit of any property subject\nto these trusts.\n10. The body corporate may pay any money which it is authorized by this\nAct or these trusts to pay or expend upon any church property for the\ntime being subject to these trusts to the Treasurer for the time being of\nthe congregation of such Church of Christ and the receipt of such\nTreasurer shall be a sufficient discharge to the body corporate which\nshall not be liable to see to the application or responsible for the loss or\nmisapplication of any moneys so paid.\n11. The body corporate may invest any moneys which may come under its\ncontrol in such manner with or without security as it shall consider\ndesirable and in particular but without limiting the generality of the\nforegoing may advance money to the Trustees of any church property\nbelonging to or used by a congregation of a Church of Christ in Victoria\neither upon security of the said church property or part thereof or upon\nany other security or without any security.\n_______________\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n21\nSECOND SCHEDULE\nArarat\nAll that piece of land being Crown allotment 9, section 6, town and parish of\nArarat, county of Ripon, being the land comprised in folio of the Register,\nvolume 4058, folio 811445.\nAscot Vale\nAll that piece of land being part of Crown portion 3 at Ascot Vale, parish of\nDoutta Galla, county of Bourke, being the land comprised in folio of the\nRegister, volume 2400, folio 479891.\nAscot Vale\nAll that piece of land being part of Crown portion 3 at Ascot Vale, parish of\nDoutta Galla, county of Bourke, being the land comprised in folio of the\nRegister, volume 3969, folio 793647.\nBalwyn\nAll that piece of land being part of Elgars Crown Special Survey, parish of\nBoroondara, county of Bourke, being the land comprised in folio of the\nRegister, volume 1675, folio 334964.\nBendigo\nAll that piece of land being allotment 5 of section 127C in the city of\nSandhurst, county of Bendigo, and being the land comprised in folio of the\nRegister, volume 1260, folio 251964.\nBerwick\nAll that piece of land being part of Crown section 18, parish of Berwick,\ncounty of Mornington, being the land comprised in folio of the Register,\nvolume 5744, folio 1148618.\nBerwick\nAll that piece of land being part of Crown section 18, parish of Berwick,\ncounty of Mornington, being the land comprised in folio of the Register,\nvolume 2070, folio 413847.\nBet Bet\nAll that piece of land being so much and such part as lies above the depth of\none hundred feet below the surface of allotment 1 of section 9 in the\ntownship of Bet Bet, parish of Bet Bet, county of Talbot, being the land\ncomprised in folio of the Register, volume 2159, folio 431601.\nPreamble,\nsection 4.\nSch. 2\namended by\nNo. 18/1989\ns. 13(Sch. 2\nitem 15(b)\n(i)(ii)) (as\namended by\nNo. 48/1991\ns. 70(c)(ii)).\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n22\nBlackburn\nAll that piece of land being lots 84 and 85 on plan of subdivision No. 3051\nlodged in the Office of Titles and being part of Crown portions 82 and 82A,\nparish of Nunawading, county of Bourke, being the land comprised in folio\nof the Register, volume 3213, folio 642561.\nBox Hill\nAll that piece of land being part of Crown allotment 16, parish of\nNunawading, county of Bourke, being the land comprised in folio of the\nRegister, volume 2148, folio 429580.\nBrim\nAll that piece of land being the surface and down to the depth of fifty feet\nbelow the surface of allotment 6 of section 3 in the township of Brim, parish\nof Batchica, county of Borung, being the land comprised in folio of the\nRegister, volume 2483, folio 496417.\nBrim\nAll that piece of land being the surface and down to the depth of fifty feet\nbelow the surface of allotment 8 of section 3 in the township of Brim, parish\nof Batchica, county of Borung, being the land comprised in folio of the\nRegister, volume 2522, folio 504287.\nBroadmeadows\nTwo equal undivided third parts or shares in all that piece of land being\nCrown allotment 10, section 27, township of Broadmeadows, parish of Will\nWill Rook, county of Bourke, and being the whole of the land comprised in\nfolio of the Register, volume 3662, folio 732271.\nBroadmeadows\nOne equal undivided third part or share in all that piece of land being Crown\nallotment 10, section 27, township of Broadmeadows, parish of Will Will\nRook, county of Bourke, and being the whole of the land comprised in folio\nof the Register, volume 3662, folio 732272.\nBrunswick\nAll that piece of land being part of Crown portion 99, parish of Jika Jika,\ncounty of Bourke, being the land comprised in folio of the Register, volume\n1837, folio 367254.\nBrunswick West\nAll that piece of land being part of lots 6 and 7, Block B on plan of\nsubdivision No. 380 lodged in the Office of Titles and being part of Crown\nportion 127, parish of Jika Jika, county of Bourke, being the land comprised\nin folio of the Register, volume 2865, folio 572984.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n23\nChelsea\nAll that piece of land being lot 48, Block B on plan of subdivision No. 6311\nlodged in the Office of Titles and being part of Crown allotment 143, parish\nof Lyndhurst, county of Mornington, being the land comprised in folio of the\nRegister, volume 4722, folio 944382.\nColac\nAll that piece of land being part of lots 2 and 3 on plan of subdivision\nNo. 1726 lodged in the Office of Titles and being part of Crown allotment 9,\nsection 8, township and parish of Colac, county of Polwarth, being the land\ncomprised in folio of the Register, volume 3524, folio 704707.\nColac\nAll that piece of land being part of lot 2 on plan of subdivision No. 1726\nlodged in the Office of Titles and being part of Crown allotment 9, section 8,\ntownship and parish of Colac, county of Polwarth, being the land comprised\nin folio of the Register, volume 6104, folio 1220797.\nDimboola\nAll that piece of land being lot 2 on plan of subdivision No. 8479 lodged in\nthe Office of Titles and being part of Crown allotment 32, section B, parish\nof Dimboola, county of Borung, and being the land comprised in folio of the\nRegister, volume 6137, folio 1227201.\nDoncaster East\nAll that piece of land being lot 63 on plan of subdivision No. 12033 lodged in\nthe Office of Titles and being part of Crown portion C, section 7, parish of\nBulleen, county of Bourke, and being the land comprised in folio of the\nRegister, volume 5955, folio 1190820.\nDoncaster East\nAll that piece of land being lot 62 on plan of subdivision No. 12033 lodged in\nthe Office of Titles and being part of Crown portion C, section 7, parish of\nBulleen, county of Bourke, being the land comprised in folio of the Register,\nvolume 5279, folio 1055678.\nDrummond\nAll that piece of land being part of Crown allotment 6, section 3, parish of\nBourke, county of Talbot, and being the land comprised in folio of the\nRegister, volume 4082, folio 816317.\nEmerald\nAll that piece of land being the surface and down to the depth of fifty feet\nbelow the surface of allotment 4L, section A in the township of Emerald,\nparish of Gembrook, county of Mornington, being the land comprised in folio\nof the Register, volume 3871, folio 774162.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n24\nEmerald\nAll that piece of land being the surface and down to the depth of fifty feet\nbelow the surface of allotment 4M, section A in the township of Emerald,\nparish of Gembrook, county of Mornington, being the land comprised in folio\nof the Register, volume 3965, folio 792816.\nEssendon North\nAll that piece of land being part of Crown allotment 18, section 16, parish of\nDoutta Galla, county of Bourke, being the land comprised in folio of the\nRegister, volume 4001, folio 800131.\nFrankston\nAll that piece of land being lot 22 and part of lot 23 on plan of subdivision\nNo. 8386 lodged in the Office of Titles and being part of Crown allotment 7,\nsection B, parish of Frankston, county of Mornington, being the land\ncomprised in folio of the Register, volume 6241, folio 1248115.\nGeelong\nAll that piece or parcel of land in the State of Victoria situate in the county of\nGrant, parish of Corio, and being allotment 5 of section 50, North Geelong,\nbeing the land more particularly described in Indenture of Conveyance,\nregistered No. 618, book 494.\nGeelong North\nAll that piece of land being lot 80 on plan of subdivision No. 5507 lodged in\nthe Office of Titles and being part of Crown allotment 63 at North Geelong,\nparish of Moorpanyal, county of Grant, being the land comprised in folio of\nthe Register, volume 4688, folio 937423.\nHartwell\nAll that piece of land being lot 25 on plan of subdivision No. 6895 lodged in\nthe Office of Titles and being part of Crown portion 148 at Burwood, parish\nof Boroondara, county of Bourke, being the land comprised in folio of the\nRegister, volume 4457, folio 891289.\nHorsham\nAll that piece of land being part of Crown allotment 8, section 2, at Horsham,\nparish of Horsham, county of Borung, being the land comprised in folio of\nthe Register, volume 3996, folio 799055.\nHorsham\nAll that piece of land being part of Crown allotment 9, section 6, town and\nparish of Horsham, county of Borung, being the land comprised in the folio\nof the Register, volume 4731, folio 946170.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n25\nKaniva\nAll that piece of land being allotment 8 of section 4 in the township of\nKaniva, parish of Kaniva, county of Lowan, being the land comprised in the\nfolio of the Register, volume 2420, folio 483864.\nKaniva\nAll that piece of land being part of Crown allotment 6, section 10, township\nand parish of Kaniva, county of Lowan, being the land comprised in the folio\nof the Register, volume 5760, folio 1151860.\nKaniva\nAll that piece of land being allotment 9 of section 4 in the township of\nKaniva, parish of Kaniva, county of Lowan, being the land comprised in the\nfolio of the Register, volume 2420, folio 483884.\nKaniva\nAll that piece of land being the surface and down to the depth of fifty feet\nbelow the surface of allotment 7 of section 10 in the township of Kaniva,\nparish of Kaniva, county of Lowan, being the land comprised in the folio of\nthe Register, volume 3153, folio 630576.\nKew East\nAll that piece of land being lot 15 on plan of subdivision No. 7051 lodged in\nthe Office of Titles and being part of Crown portion 89 at Kew, parish of\nBoroondara, county of Bourke, being the land comprised in the folio of the\nRegister, volume 4614, folio 922641.\nKew East\nAll that piece of land being part of Crown portion 88 at Kew, parish of\nBoroondara, county of Bourke, being the land comprised in folio of the\nRegister, volume 4867, folio 973292.\nKyneton\nAll that allotment or parcel of land in the State of Victoria situate in the\ncounty of Dalhousie, parish of Kyneton, being allotment 7, section 4,\nKyneton, being the land more particularly described in Indenture of\nConveyance, registered No. 458, book 476.\nMalvern\nAll that piece of land being part of Crown portion 56 at Gardiner, parish of\nPrahran, county of Bourke, being the land comprised in the folio of the\nRegister, volume 2049, folio 409702.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n26\nMerbein\nAll that piece of land in the Mallee country being the surface and down to the\ndepth of fifty feet below the surface of allotment 6 of section 1 in the\ntownship of Merbein, parish of Merbein, county of Karkarooc, being the land\ncomprised in the folio of the Register, volume 5046, folio 1009168.\nMinyip\nAll that piece of land being part of Crown allotments 8 and 10, section 16,\ntown of Minyip, parish of Nullan, county of Borung, being the land\ncomprised in the folio of the Register, volume 5085, folio 1016981.\nNewmarket\nAll that piece of land being part of Crown allotment 15, section 4 at\nFlemington, parish of Doutta Galla, county of Bourke, and being the land\ncomprised in the folio of the Register, volume 3038, folio 607532.\nNewmarket\nAll that piece of land being part of Crown allotment 15, section 4, parish of\nDoutta Galla, county of Bourke, being the land comprised in the folio of the\nRegister, volume 4293, folio 858550.\nNoble Park\nAll that piece of land being lot 156 on plan of subdivision No. 6156 lodged in\nthe Office of Titles and being part of Crown portion 22, parish of\nDandenong, county of Bourke, being the land comprised in the folio of the\nRegister, volume 5918, folio 1183542.\nOrmond\nAll that piece of land being lot 22 on plan of subdivision No. 6315 lodged in\nthe Office of Titles and being part of Crown portion 73, parish of Prahran\nEast of Elsternwick, county of Bourke, being the land comprised in folio of\nthe Register, volume 3941, folio 788046.\nPakenham\nAll that piece of land being part of lot 5 on plan of subdivision No. 1932\nlodged in the Office of Titles and being part of Crown portion 43, parish of\nNar-nar-goon, county of Mornington, being the land comprised in the folio of\nthe Register, volume 2500, folio 499848.\nParkdale\nAll that piece of land being lot 9 on plan of subdivision No. 4843 lodged in\nthe Office of Titles and being part of Crown allotment 17, section 24, parish\nof Mordialloc, county of Bourke, being the land comprised in the folio of the\nRegister, volume 3428, folio 685442.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n27\nPreston West\nAll that piece of land being part of Crown portion 147, parish of Jika Jika,\ncounty of Bourke, being the land comprised in folio of the Register, volume\n5879, folio 1175776.\nPyramid Hill\nAll that piece of land being part of Crown allotment 1A, parish of Mincha\nWest, county of Gunbower, and being the land comprised in the folio of the\nRegister, volume 5003, folio 1000507.\nRedcliffs\nAll that piece of land in the Mallee country being the surface and down to the\ndepth of fifty feet below the surface of allotment 32 of section 7 at Redcliffs\nin the parish of Mildura, county of Karkarooc, and being the land comprised\nin the folio of the Register, volume 4932, folio 986216.\nReservoir\nAll that piece of land being lot 389 on plan of subdivision No. 7180 lodged in\nthe Office of Titles and being part of Crown portion 12, parish of\nKeelbundora, county of Bourke, being the land comprised in the folio of the\nRegister, volume 5023, folio 1004576.\nRingwood\nAll that piece of land being lot 11 and part of lot 10 on plan of subdivision\nNo. 2216 lodged in the Office of Titles and being part of Crown allotment\n17D, parish of Ringwood, county of Mornington, being the land comprised in\nthe folio of the Register, volume 4465, folio 892908.\nShepparton\nAll that piece of land being part of Crown allotment 3H, section 23, town and\nparish of Shepparton, county of Moira, being the land comprised in the folio\nof the Register, volume 2378, folio 475494.\nStawell\nAll that piece of land being Crown allotment 12, section 34, within the\nborough and parish of Stawell, county of Borung, and being the land\ncomprised in the folio of the Register, volume 913, folio 182537.\nSt. Arnaud\nAll that piece of land being part of Crown allotment 11, section N, town and\nparish of St. Arnaud, county of Kara Kara, and being the land comprised in\nfolio of the Register, volume 5610, folio 1121810.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n28\nSt. Kilda\nAll that piece of land being part of Crown allotment D, section 71 at\nSt. Kilda, parish of Prahran, county of Bourke, being the land comprised in\nthe folio of the Register, volume 2986, folio 597138.\nSwan Hill\nAll that piece of land being part of Crown allotment 10, section 9, township\nand parish of Castle Donnington, county of Tatchera, being the land\ncomprised in the folio of the Register, volume 1907, folio 381297.\nSwan Hill\nAll that piece of land being part of Crown allotment 10, section 9, township\nof Swan Hill, parish of Castle Donnington, county of Tatchera, being the land\ncomprised in the folio of the Register, volume 5961, folio 1192186.\nSwan Hill\nAll that piece of land being part of Crown allotment 10, section 9, township\nand parish of Castle Donnington, county of Tatchera, being the land\ncomprised in the folio of the Register, volume 2029, folio 405709.\nThornbury\nAll that piece of land being part of Crown portion 131 at Northcote, parish of\nJika Jika, county of Bourke, being the land comprised in the folio of the\nRegister, volume 1960, folio 391803.\nYarrawonga\nAll that piece of land being Crown allotment 1, section 33, town and parish\nof Yarrawonga, county of Moira, being the land comprised in folio of the\nRegister, volume 5022, folio 1004304.\nWangaratta\nAll that piece of land being part of Crown allotment 2, section 3, town of\nWangaratta, parish of Wangaratta North, county of Delatite, being the land\ncomprised in the folio of the Register, volume 2936, folio 587139.\nWarracknabeal\nAll that piece of land being the surface and down to the depth of fifty feet\nbelow the surface of allotment 11 of section 44 in the town of\nWarracknabeal, parish of Werrigar, county of Borung, and being the land\ncomprised in the folio of the Register, volume 4026, folio 805148.\nWarragul\nAll that piece of land being part of Crown allotment 12, section 2, town of\nWarragul, parish of Drouin East, county of Buln Buln, and being the land\ncomprised in the folio of the Register, volume 3571, folio 714180.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n29\nWarrnambool\nAll that piece of land being Crown allotment 8, section 37, township of\nWarrnambool, parish of Wangoom, county of Villiers, and being the land\ncomprised in the folio of the Register, volume 1259, folio 251706.\nWoorinen\nAll that piece of land being the surface and down to the depth of fifty feet\nbelow the surface of allotment 22A in the parish of Tyntynder, county of\nTatchera, being the land comprised in the folio of the Register, volume 4002,\nfolio 800367.\n_______________\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n30\nTHIRD SCHEDULE\nThat in the opinion of this meeting it is desirable that the body corporate as\nincorporated by The Churches of Christ in Victoria Property Act 1941\nshould be the trustee of the following real [or personal or real and personal\n(as the case may be)] property that is to say\nnow belonging to or held on behalf of or in trust for the members for the time\nbeing of the Church of Christ at and that such\nreal [or personal or real and personal (as the case may be)] property should\nforthwith be vested in such body corporate to be held by it upon the trusts set\nforth in the First Schedule to the said Act.\n═══════════════\nSection 3.\nSch. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n31\nENDNOTES\n1. General Information\nThe Churches of Christ in Victoria Property Act 1941 was assented to on\n30 September 1941 and came into operation on 30 September 1941.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n32\n2. Table of Amendments\nThis Version incorporates amendments made to The Churches of Christ in\nVictoria Property Act 1941 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nTransfer of Land (Computer Register) Act 1989, No. 18/1989 (as amended by\nNo. 48/1991)\nAssent Date: 16.5.89\nCommencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488\nCurrent State: All of Act in operation\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 4818/1941\nThe Churches of Christ in Victoria Property Act 1941\n33\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: creating a corporate trustee for Churches of Christ property in Victoria. While the Second Schedule has been updated to reflect current land registry references (amended in 1989/1991), the core scope of managing church property through the Properties Corporation has not expanded beyond the original intent."},"complexity_factors":["Extensive preamble (6 pages) setting out historical context from 1913-1926, though this doesn't create enforceable law","Multiple mechanisms for property transfer: automatic vesting (s.4), voluntary appointment (s.7), and special meeting procedure with two-thirds vote (s.8)","Detailed procedural requirements for special meetings including notice periods, newspaper publication alternatives, and voter eligibility criteria (6 months membership, 21+ years, recent communion attendance)","Nested conditions in section 8(5) allowing chairman to execute transfers when original owners refuse, cannot be found, or are deceased","Cross-references between the Act body and three Schedules (First Schedule contains 11 detailed trust powers, Second Schedule lists 60+ specific land parcels with volume/folio references, Third Schedule contains meeting motion template)","Dual approval requirements for rule changes (Trustee meeting plus Conference ratification) and trust amendments (s.17)","Specific protections for bona fide purchasers and mortgagees (s.20) creating safe harbour provisions"],"plain_english_summary":"This legislation creates a special legal entity called 'The Properties Corporation of the Churches of Christ' to manage property for Churches of Christ congregations across Victoria.\n\n**What it does:**\n- **Incorporates a body corporate**: Establishes a permanent legal 'person' (like a company) made up of up to seven Trustees who can own property, sue, be sued, and enter contracts.\n- **Transfers existing property**: Automatically transfers dozens of specific church properties (listed in the Second Schedule) from old individual trustees to this new corporation without needing separate paperwork for each transfer.\n- **Consolidates trust management**: Replaces the old 'Church Extension Committee' system with a more modern corporate structure that can hold property for multiple congregations.\n- **Enables future property transfers**: Allows individual Churches of Christ to vote (by two-thirds majority at a special meeting) to transfer their property to the corporation for centralized management.\n- **Sets the rules for property use**: The corporation must use the property for religious worship, teaching, Sunday schools, and related church purposes (First Schedule).\n\n**Who it affects:**\n- Churches of Christ congregations in Victoria who want to use the corporation as their trustee\n- The Trustees themselves (protected from personal liability unless they act in bad faith)\n- People buying or lending money against church property (protected if they deal with the corporation in good faith)\n\n**Why it matters:**\nBefore this Act, church property was held by individual trustees who would die, move away, or become difficult to replace. This created legal headaches when trying to sell, mortgage, or maintain property. The Act solves this by creating a 'perpetual' corporation that never dies, making property management much simpler for these churches. It also provides a mechanism for congregations to escape outdated or restrictive trust deeds from the past."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained substantially as originally made in 1941, with no evidence of significant amendments that would indicate a material change in scope from its original purpose of managing Churches of Christ property in Victoria."},"complexity_factors":["Limited scope — applies only to a single religious denomination in one state","Older drafting style (1941) may use archaic legal language harder for laypeople to parse","Property trust legislation can involve some technical concepts around legal title and beneficial ownership","Minimal information provided about the Act's specific provisions, making full analysis difficult","Generally, church property trust acts are relatively straightforward compared to broader commercial legislation"],"plain_english_summary":"The Act establishes a legal framework allowing the Churches of Christ in Victoria to own, manage and deal with land and buildings through an incorporated trust, ensuring property stays with the denomination rather than individual members.  \n\nIt affects congregations, trustees and anyone transacting with the church, and matters because it gives the body legal personality to hold title, contract and secure church assets. This 1941 law remains in force."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act changes scope from the original ad hoc Church Extension Committee trusteeship to a centralised corporate trustee with expanded statutory powers. It vests listed land in the corporation (s.4; Second Schedule), treats prior and future gifts as if in favour of the corporation (s.6), permits appointment of the corporation even where original trust terms differ (s.8), and gives the corporation power to amend trusts (subject to Conference ratification) and to borrow, mortgage and sell trust property (s.17; ss.18–19). These shifts alter who holds legal title, who decides on dispositions and borrowing, and the processes required to alter trust arrangements."},"complexity_factors":["Large, specific property schedule requiring vesting and title updates increases administrative and registration work (s.4; Second Schedule).","Transfer of existing donations/trusts to take effect as if in favour of the corporation alters prior beneficiary designations and requires legal reconciliation of past instruments (s.6).","Mechanism allowing churches to appoint the corporation even where original trust deeds differ involves convening special meetings with specified notice and voting thresholds, creating procedural compliance burdens (s.8(1)–(4)).","Trustee governance and appointment rules concentrate appointing power in the Conference and allow temporary trustee appointments by surviving Trustees; this creates layers of internal discretion and potential succession complexity (s.3(8)–(11)).","Power for the body corporate to alter the statement of trusts at Trustee meetings subject to ratification by the Conference creates a two-step amendment process that adds coordination and ratification risk (s.17(1)–(2)).","Wide transactional powers (borrow, mortgage, sell, invest, lease) broaden the corporation's commercial activity and introduce creditor and purchaser interaction complexity (First Schedule cl.4; ss.18–19).","Evidentiary and title protections (secretary's certificate as prima facie evidence; Registrar of Titles registration) streamline dealings but shift risk allocations to external parties relying on corporate certificates (s.5; s.11; s.3(5)).","Protections for mortgagees and purchasers that bar inquiry into application of funds reduce purchaser due diligence requirements but can have downstream trust-accountability effects (s.20(1)–(2)).","Rule‑making/veto architecture: Trustees may make rules but the Conference may rescind them and the Governor in Council may revoke them, creating multi-layered oversight and potential regulatory uncertainty (s.13; s.14).","Limitations on trustee liability except for bad faith and explicit reimbursement rights shift financial exposure and internal cost-recovery incentives (s.15; s.16)."],"plain_english_summary":"This Act creates a corporate trustee called The Properties Corporation of the Churches of Christ and immediately vests the listed real property in that corporation. Past and future gifts or trusts to the Churches of Christ listed in the Act are treated as if made to the corporation, and title/registration are centralised so the corporation may hold, deal with, mortgage, sell or transfer church property.\n\nIt affects church members, trustees, donors and purchasers by shifting legal ownership to the corporate trustee, establishing appointment and trust-amendment rules and prescribing meeting/notice procedures for transfers."}},"importantCases":[],"_links":{"self":"/api/acts/the-churches-of-christ-in-victoria-property-act-1941","history":"/api/acts/the-churches-of-christ-in-victoria-property-act-1941/history","analysis":"/api/acts/the-churches-of-christ-in-victoria-property-act-1941/analysis","conflicts":"/api/acts/the-churches-of-christ-in-victoria-property-act-1941/conflicts","importantCases":"/api/acts/the-churches-of-christ-in-victoria-property-act-1941/important-cases","documents":"/api/acts/the-churches-of-christ-in-victoria-property-act-1941/documents"}}