{"id":"nsw:act-1929-san","name":"The Salvation Army (New South Wales) Property Trust Act 1929","slug":"the-salvation-army-new-south-wales-property-trust-act-1929","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"san of 1929","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111801,"registerId":"nsw-act-1929-san-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as [The Salvation Army (New South Wales) Property Trust Act 1929](/view/html/inforce/current/act-1929-san).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Act, unless the context or subject-matter otherwise indicates or requires, the words:\n> \n> > (a) Trustees or Trust mean “The Salvation Army (New South Wales) Property Trust”,\n> \n> > (b) General or The General shall mean the General of The Salvation Army under its Constitution or his Attorney for the time being in the State of New South Wales duly authorised in that behalf or such other person as shall for the time being have vested in him under the said Constitution general control and authority over the property in England of The Salvation Army or the attorney for the time being in the State of New South Wales of such person duly authorised in that behalf.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Incorporation of Trustees: Power to hold real and personal property etc","content":"#### 3 Incorporation of Trustees: Power to hold real and personal property etc\n\n3 Incorporation of Trustees: Power to hold real and personal property etc\n\n> The Trustees shall be a body corporate by the name of “The Salvation Army (New South Wales) Property Trust”, and shall have perpetual succession and a common seal, and shall be capable of acquiring, holding, managing, controlling, and subject to this Act, granting, mortgaging, demising, selling, disposing of or otherwise dealing with any property, real and/or personal, and of suing and being sued by the aforesaid name and doing and suffering all such other acts and things as bodies corporate may by law do or suffer.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Number and appointment of Trustees","content":"#### 4 Number and appointment of Trustees\n\n4 Number and appointment of Trustees\n\n> The number of the Trustees shall be not less than five and not more than seven, and shall consist of persons appointed in writing by the General.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Custody of common seal and quorum of Trustees","content":"#### 5 Custody of common seal and quorum of Trustees\n\n5 Custody of common seal and quorum of Trustees\n\n> The Trustees for the time being shall have the custody of the common seal of the said corporate body, and the form of such seal and all other matters relating thereto shall from time to time be determined at a meeting of the said corporate body, and three members for the time being of the said corporate body shall constitute a quorum.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Execution of deed","content":"#### 6 Execution of deed\n\n6 Execution of deed\n\n> Any deed or instrument executed or signed, and any other act, matter, or thing done by any three members of the corporate body aforesaid, and in pursuance of a resolution of the said corporate body and under the common seal of the said corporate body shall be as effectual as if the same had been executed, signed, or done by all the members of the said corporate body.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Vesting of property in Trustees","content":"#### 7 Vesting of property in Trustees\n\n7 Vesting of property in Trustees\n\n> All lands, tenements, and hereditaments, including chattels real situate in the State of New South Wales, together with all rights, easements, and appurtenances relating thereto and all personal property which were at the time of his death held by and now stand in the name of the said William Bramwell Booth, as General of The Salvation Army or Director of the Social Work of The Salvation Army respectively, upon the trusts of the said respective Deeds Poll, and all other lands, tenements, and hereditaments whatsoever, including chattels real situate as aforesaid, which at the time of the passing of this Act stand in the name of the said William Bramwell Booth or in the name or names of any other person or persons in trust for The Salvation Army in New South Wales or for any of its funds or any auxiliary or department of its work or any corps or institution of The Salvation Army in New South Wales or to which The Salvation Army in New South Wales is otherwise entitled save and except any property held by The Salvation Army Auxiliary Company of Australia Proprietary, Limited, shall without any conveyance or transfer vest in the Trustees, upon the trusts and with the powers, authorities, and discretions and subject to the terms, provisions, and conditions of this Act and the said recited Deed of Constitution, and the said Deed Poll of William Booth bearing date the twenty-sixth day of July, one thousand nine hundred and four, or the Deed Poll under the hand and seal of William Bramwell Booth bearing date the first day of June, one thousand nine hundred and twenty, according to the particular trusts in each case upon which the same shall be held at the time of the passing of this Act but subject and without prejudice to any special trusts if any upon which the same may be held and subject also to any reservation, mortgage, charge, encumbrance, lien, or lease affecting the same respectively and subject and without prejudice to any resulting trust or any trust of any such lands, tenements, or hereditaments in favour of the donor or any person or corporation other than The Salvation Army and upon and subject to no other trusts or provisions whatsoever.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Powers of Trustees","content":"#### 8 Powers of Trustees\n\n8 Powers of Trustees\n\n> The Trustees shall be entitled at all times hereafter to exercise all the powers relating to the lands, tenements, and hereditaments and personal property hereby vested in them, and in respect of all lands, tenements, and hereditaments and personal property which may hereafter be acquired by them or which may become vested in them under this Act which are now exercisable by the General of The Salvation Army and the Director of the Social Work of The Salvation Army for the time being respectively under the said recited Deeds Poll of the seventh day of August, one thousand eight hundred and seventy-eight, the twenty-sixth day of July, one thousand nine hundred and four, and the first day of June, one thousand nine hundred and twenty, according as they shall and may hold the same upon one or the other of such trusts, and may exercise such powers and all or any of the powers by this Act conferred upon them, notwithstanding there shall be for the time being any vacancy in the office of General of The Salvation Army and/or the office of Director of the Social Work of The Salvation Army.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Trust property: how held","content":"#### 9 Trust property: how held\n\n9 Trust property: how held\n\n> All property held by the Trustees shall, so far as the same is not subject to any express trust, be held and dealt with by them in accordance with and subject to the powers and provisions of the said recited Deeds Poll respectively, according to the trusts upon which the same shall respectively be held: Provided that no person dealing with the Trustees shall be bound to inquire into the propriety or necessity of any such dealing.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Power to mortgage","content":"#### 10 Power to mortgage\n\n10 Power to mortgage\n\n> It shall and may be lawful to and for the Trustees from time to time and at all times hereafter to mortgage and for that purpose to appoint, convey, and assure in fee or for any term of years all or any lands hereby vested in them and/or all or any lands which may hereafter be or become vested in them to any person for securing such sum or sums of money as they may deem requisite or necessary for the purposes of The Salvation Army and/or the Social Work of The Salvation Army: Provided nevertheless that any moneys raised on any property which shall for the time being be held upon trust for the Social Work of The Salvation Army shall only be used for the purposes of the said Social Work.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Power to sell","content":"#### 11 Power to sell\n\n11 Power to sell\n\n> It shall and may be lawful to and for the Trustees from time to time and at all times hereafter to sell any real and personal estate now hereby vested in them or which shall hereafter vest in them by public auction or private contract as they may deem expedient at such price as can be reasonably obtained for the same and when sold convey the same or any part thereof, and thereupon the same shall vest in the purchasers, their heirs, executors, administrators, or assigns according to the estate and interest of the Trustees therein absolutely freed and discharged from the trusts affecting the same.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Receipts for mortgage and purchase moneys etc","content":"#### 12 Receipts for mortgage and purchase moneys etc\n\n12 Receipts for mortgage and purchase moneys etc\n\n> The receipt in writing of a majority of the Trustees or of any person or persons authorised by such majority in writing to receive the same for the mortgage moneys raised on any property mortgaged by the Trustees or for the purchase money of any property sold under this Act or for any moneys which shall be payable to them when exercising any of the powers hereby conferred upon them or when exercising any of the powers for the time being vested in the General or the Director of the Social Work as the case may be under and by virtue of the said recited Deeds Poll shall exonerate the mortgagee and/or the purchaser and/or all other persons for the time being paying such moneys to the Trustees, or the person or persons authorised as aforesaid from seeing to the application of the same, and from all liability as to the misapplication or non-application thereof and from inquiring into the propriety or necessity of any mortgage or sale, lease, or other dealing whatsoever.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Proceeds of sale of land held for the Social Work","content":"#### 13 Proceeds of sale of land held for the Social Work\n\n13 Proceeds of sale of land held for the Social Work\n\n> The proceeds of the sale of any lands held for the purpose of the said Social Work shall be devoted to the purposes of the Social Work, and the Trustees may for such purposes acquire therewith other lands and buildings for the purposes of such Work.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Meetings of Trustees, minutes etc","content":"#### 14 Meetings of Trustees, minutes etc\n\n14 Meetings of Trustees, minutes etc\n\n> The Trustees shall have power to regulate the time and place of their meetings and of the procedure to be followed thereat. They shall hold regular meetings and, shall cause to be kept minutes of their proceedings and their resolutions, which shall at all times be open for inspection by the General, and the Trustees shall keep a register of all lands now or hereafter vested in them, and shall indicate in such register which lands are held for the general purposes of The Salvation Army and which are held for the Social Work of The Salvation Army: Provided nevertheless that the trusts upon which any of the said lands for the time being are held may with the consent of the General be enlarged, modified, varied, or altered from time to time: Provided that all such land shall from time to time be held upon either one or the other of the trusts hereinbefore mentioned.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Removal of Trustees","content":"#### 15 Removal of Trustees\n\n15 Removal of Trustees\n\n> The General may from time to time by writing remove any person from the office of Trustee and appoint another person to be a Trustee in the place of the person so removed.","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Power of continuing Trustees to act","content":"#### 16 Power of continuing Trustees to act\n\n16 Power of continuing Trustees to act\n\n> The continuing Trustees, provided there shall be not less than three Trustees, shall be empowered to act notwithstanding there shall be a vacancy or vacancies in the number of Trustees either by death, resignation, or removal, but each such vacancy shall be filled as soon as practicable after such vacancy occurs.","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Appointment of officers: evidence of resolutions","content":"#### 17 Appointment of officers: evidence of resolutions\n\n17 Appointment of officers: evidence of resolutions\n\n> The Trustees may appoint officers of the Trust, and the New South Wales Government Gazette containing a notification, purporting to be signed by the attorney for the time being of the General, of the appointment of a secretary and/or other officer shall be prima facie evidence and in favour of the Crown and the Registrar-General and every person who deals for value with the Trustees conclusive evidence of his or their due appointment, and a certificate signed by the secretary for the time being of the Trust as to who are the persons for the time being constituting the Trustees, and a certificate of such secretary certifying to any resolution of the Trustees shall be prima facie evidence and in favour of the Crown and the Registrar-General and every person who deals for value with the Trustees conclusive evidence as to who are the Trustees for the time being, and of any such resolution, as the case may be, and judicial notice shall be taken of the signature of the secretary for the time being of every such certificate.","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Construction of wills etc","content":"#### 18 Construction of wills etc\n\n18 Construction of wills etc\n\n> Whenever by any will, deed, or other instrument any property, real or personal, has been or shall be devised, bequeathed, given, granted, released, conveyed, or appointed or has been or shall be declared or directed to be held upon trust to or for the benefit of The Salvation Army or of any fund, institution, branch, or corps thereof or shall be or become recoverable by or payable to The Salvation Army or by or to the said fund, institution, branch, or corps or be receivable by or payable to any officer thereof for the benefit of The Salvation Army or any of its funds, institutions, branches, or corps, or for its Social Work, the said will, deed, or instrument as aforesaid shall be construed and operate and take effect as though the Trustees were named therein, and the acknowledgment or receipt of the Trustees or a majority of them or of any person or persons authorised in writing by the Trustees, or a majority of them, for any such gift shall be a sufficient discharge to the person or persons liable to deliver or transfer any such money or property under such will, deed, or instrument, and all property, real or personal, so devised, bequeathed, given, granted, released, conveyed, or appointed, or declared or directed to be held upon trust as aforesaid shall, subject to the trusts of such will, deed, or other instrument, and subject to any direction to the contrary therein contained so far as the same are capable of taking effect, be under the direction and control of the Trustees, and they may call for the transfer, conveyance, or delivery thereof.","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Vesting in Trustees of property given or devised etc for benefit of The Salvation Army","content":"#### 19 Vesting in Trustees of property given or devised etc for benefit of The Salvation Army\n\n19 Vesting in Trustees of property given or devised etc for benefit of The Salvation Army\n\n> > (a) Whenever by any will, deed, or other instrument, or by any gift or disposition of property made before but not taking effect until after the passing of this Act, or by any will or other instrument or by any gift or other disposition of property made after the passing of this Act any real or personal property has been or is devised, bequeathed, or given to or for the benefit of The Salvation Army or to or for the benefit of any fund, corps, institution, branch, or auxiliary thereof other than real or personal property devised, bequeathed, or given to specific trustees upon trust for The Salvation Army or for any such fund, corps, institution, branch, or auxiliary thereof all such real and personal property shall vest in the Trustees incorporated under the authority of this Act.\n> \n> > (b) The Trustees shall hold any such real and personal property upon the trusts, if any declared in respect thereof, and if no such trusts have been declared shall hold and deal with such real and personal property and the proceeds thereof in trust for The Salvation Army for such purposes and in such manner as they may deem expedient, and may convey, transfer, or deliver any such real or personal property to such persons and upon such trusts as they think fit, and the Trustees and any person to whom any such real or personal property is so conveyed, transferred, or delivered may sell, lease, mortgage, or otherwise deal with any such real or personal property: Provided that the receipt in writing of the Trustees or a majority of them or of any person or persons authorised in writing by the Trustees or a majority of them of any moneys receivable by them in the exercise of these powers shall exonerate the person paying the same to them from seeing to the application thereof and all liability as to the misapplication or non-application thereof, and no person shall be bound to inquire into the validity of any sale, conveyance, lease, or mortgage as aforesaid.","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Preservation of rights of claimants","content":"#### 20 Preservation of rights of claimants\n\n20 Preservation of rights of claimants\n\n> Nothing in this Act contained or that may be done under this Act shall be deemed prejudicially to affect or to deprive any person of any right whatsoever which he now has arising out of contract or tort and any such right which may at the time of the passing of this Act have been enforceable against the General or his predecessor in the office of the General of the Salvation Army and in respect of which right the property hereby vested was liable may be enforced against the Trustees.","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Vesting of rights of the General in the Trustees","content":"#### 21 Vesting of rights of the General in the Trustees\n\n21 Vesting of rights of the General in the Trustees\n\n> Any rights, including choses in action, arising out of contract or tort relating in any wise to the real and personal property hereby vested in the Trustees which were at the time of his death in the said William Bramwell Booth or at the time of the passing of this Act are in the General are hereby vested in the Trustees and may be enforced by them.","sortOrder":20}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act has remained in its original 1929 form with no amendments recorded. The scope appears unchanged — it continues to serve its original and narrow purpose of establishing a property trust for The Salvation Army in NSW. No broadening or narrowing of scope is evident."},"complexity_factors":["The full operative text of the Act is not included in the provided content, limiting analysis to metadata only","As a Private Act, it operates outside the general legislative framework, which requires some contextual legal knowledge to understand","Historical legal concepts around charitable trusts and property holding by religious organisations require background knowledge to fully appreciate","The Act has remained unchanged since 1929, meaning it may use archaic legal language and drafting conventions no longer in common use"],"plain_english_summary":"## The Salvation Army (New South Wales) Property Trust Act 1929\n\nThis is a **Private Act** — meaning it was passed specifically for one organisation (The Salvation Army), rather than applying to the general public.\n\n### What it does\nThis Act creates a formal legal body called a **Property Trust** for The Salvation Army in New South Wales. A Property Trust is essentially a legal entity (like a company, but for holding assets) that can own land and buildings on behalf of an organisation. Without this, it would be very difficult for a religious organisation like The Salvation Army to legally own property in its own name.\n\n### Who it affects\n- **The Salvation Army** — the organisation directly benefits by being able to own, manage, buy, and sell property in NSW through a legally recognised trust structure\n- **Donors and benefactors** — people who donate property or money can do so with legal certainty about where it ends up\n- **The general public** — minimal direct impact, though communities benefit indirectly from The Salvation Army's ability to operate facilities (shelters, halls, offices)\n\n### Why it matters\nBefore laws like this existed, religious and charitable organisations struggled to hold property legally because they weren't recognised as legal persons. This Act solves that problem for The Salvation Army in NSW by giving the Trust the legal power to hold property on the organisation's behalf in perpetuity (forever).\n\n### Key point to note\nThis Act has been **unchanged since it was passed in 1929** — nearly 100 years ago. The content provided does not include the actual operative text of the Act (the specific legal rules), only its metadata and status information."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: creating a corporate trustee structure for Salvation Army property in NSW and transferring existing holdings from individual office-holders to that entity. While subsequent amendments may have occurred, the core scope has not expanded beyond property holding and management for the specified charitable purposes."},"complexity_factors":["Dense 19th-century legislative drafting style with run-on sentences and archaic terminology ('tenements and hereditaments', 'chattels real', 'demising')","Multiple cross-references to historical Deeds Poll (1878, 1904, 1920) that are not reproduced in the Act","Nested conditional logic in property vesting provisions (section 7) with multiple 'subject to' and 'save and except' clauses","Dual trust structure requiring tracking of which property is held for 'general purposes' versus 'Social Work' purposes","Several provisos and provisos-upon-provisos (e.g., section 14 has a proviso within a proviso)","21 sections but many operate as variants on the same theme (property holding powers) creating repetition"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal entity called **\"The Salvation Army (New South Wales) Property Trust\"** — essentially a corporate body that can own and manage property on behalf of The Salvation Army in NSW.\n\n**Why it was needed:**\n\nBefore this law, Salvation Army property in NSW was held in the personal name of the organisation's international leader (the \"General\"), starting with founder William Booth and later his son William Bramwell Booth. This was risky and impractical — property shouldn't be tied to one person who could die or leave office. This Act transfers all that property into a permanent trust structure.\n\n**Key things the Trust can do:**\n\n- **Own property** — land, buildings, and assets in NSW\n- **Buy and sell** — acquire new property or sell existing property (at fair market value)\n- **Borrow money** — mortgage property to raise funds for Salvation Army work\n- **Receive gifts** — automatically become the legal owner of any property left to The Salvation Army in wills or gifts\n\n**Who runs it:**\n\n- **5 to 7 Trustees** appointed by the General (the international leader of The Salvation Army)\n- The General can also remove Trustees\n- Only 3 Trustees need to meet to make decisions (a \"quorum\")\n- Decisions are made by majority vote\n\n**Important protections:**\n\n- **Ring-fenced funds**: Money raised from property held for \"Social Work\" (homeless shelters, addiction services, etc.) can only be used for that purpose\n- **Protection for buyers**: People buying property from the Trust don't need to check if the Trustees had proper authority — they can rely on the Trustees' word\n- **Protection for donors**: The original wishes of people who gave property are preserved where possible\n\n**Who it affects:**\n\n- The Salvation Army's operations in NSW\n- Anyone donating property to The Salvation Army in NSW\n- Anyone buying or leasing property from The Salvation Army\n- Banks or lenders taking mortgages over Salvation Army property"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act is original legislation establishing a property trust for The Salvation Army in NSW. It does not amend or replace any prior legislation, so its scope is as originally intended: to consolidate and manage Salvation Army property in the state."},"complexity_factors":["Only two defined terms (Trustees/Trust and General)","Short Act with 21 sections","No nested conditions or cross-references","Straightforward powers and duties","Some historical references to deeds and persons, but not complex"],"plain_english_summary":"This Act creates a legal body called 'The Salvation Army (New South Wales) Property Trust' to hold and manage property for The Salvation Army in New South Wales. It transfers all existing property that was held by the former General (William Bramwell Booth) or others for The Salvation Army into this Trust. The Trust can buy, sell, mortgage, lease, or otherwise deal with property. It is run by between 5 and 7 trustees appointed by the General of The Salvation Army. The Act also ensures that any future gifts or property given to The Salvation Army automatically go to this Trust. The trustees can make decisions with a majority vote, and their receipts are binding on people dealing with them. The General can remove and replace trustees. The Act preserves any existing legal claims against the General or the property. Overall, it centralizes property management for The Salvation Army in NSW."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/the-salvation-army-new-south-wales-property-trust-act-1929","history":"/api/acts/the-salvation-army-new-south-wales-property-trust-act-1929/history","analysis":"/api/acts/the-salvation-army-new-south-wales-property-trust-act-1929/analysis","conflicts":"/api/acts/the-salvation-army-new-south-wales-property-trust-act-1929/conflicts","importantCases":"/api/acts/the-salvation-army-new-south-wales-property-trust-act-1929/important-cases","documents":"/api/acts/the-salvation-army-new-south-wales-property-trust-act-1929/documents"}}