{"id":"salvation-army-victoria-property-trust-act-1930","name":"The Salvation Army (Victoria) Property Trust Act 1930","slug":"the-salvation-army-victoria-property-trust-act-1930","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173424,"registerId":"vic-salvation-army-victoria-property-trust-act-1930-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"The Salvation Army (Victoria) Property Trust Act 1930","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nThe Salvation Army (Victoria) Property\nTrust Act 1930\nAct No. 3896/1930\nVersion incorporating amendments as at 22 November 2000\nTABLE OF PROVISIONS\nSection Page\n1. Short title and commencement 13\n2. Definitions 13\n3. Incorporation of trustees: Power to hold real and personal\nproperty etc. 14\n4. Number and appointment of trustees 14\n5. Custody of common seal and quorum of trustees 15\n6. Execution of deeds and contracts 15\n7. Vesting of property in trustees 16\n8. Powers of trustees 18\n9. Trust property, how held 19\n10. Power to mortgage 20\n11. Power to sell 20\n12. Protection of mortgagees and purchasers 21\n13. Proceeds of sale of land held for the Social Work 21\n14. Meetings of trustees, minutes etc. 22\n15. Removal of trustees 22\n16. Power of continuing trustees to act 22\n17. Appointment of officers etc. 22\n18. Construction of wills etc. 23\n19. Vesting in trustees of property given or devised etc. for benefit\nof The Salvation Army 24\n20. Saving of rights 25\n21. Vesting of rights of the General in the trustees 25\n22. Vesting of estates in land in trustees 26\n23. Property subject to the Religious Successory and Charitable\nTrusts Act 1928 26\n24. Shares in Salvation Army Auxiliary Company 27\n25. Delegation of powers by the General 27\n═══════════════\n\nVictorian Legislation and Parliamentary DocumentsSection Page\nii\nENDNOTES 28\n1. General Information 28\n2. Table of Amendments 29\n3. Explanatory Details 30\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nThe Salvation Army (Victoria) Property\nTrust Act 1930\nAct No. 3896/1930\nVersion incorporating amendments as at 22 November 2000\nAn Act to provide for the Temporal Affairs of The Salvation\nArmy in the State of Victoria.\nPreamble\nWHEREAS by a Deed Poll (hereinafter called the\n\"Deed of Constitution\") dated the seventh day of\nAugust One thousand eight hundred and seventy-\neight and under the hand and seal of William\nBooth and afterwards enrolled in the Chancery\nDivision of the High Court of Justice England on\nthe thirteenth day of August One thousand eight\nhundred and seventy-eight the origin and doctrines\nof the religious society or organization therein\nreferred to then known as the Christian Mission\nwere recited and stated and it was by the said Deed\nof Constitution amongst other things provided that\nthe said Christian Mission was and should be\nalways thereafter under the oversight direction and\ncontrol of some one person who should be the\nGeneral Superintendent thereof whose duty it\nshould be to determine and enforce the discipline\nand laws and superintend the operations of the said\nChristian Mission and to conserve the same to and\nfor the objects and purposes for which it was first\noriginated and that the General Superintendent\nshould have the powers therein mentioned that the\nsaid William Booth should continue to be for the\nterm of his nature life the General Superintendent\nof the said Christian Mission unless he should\nresign such office that the said William Booth and\nevery General Superintendent who should succeed\nhim should have power to appoint his successor to\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n2\nthe office of General Superintendent and all the\nrights powers and authorities of the office should\nvest in the person so appointed upon the decease of\nthe said William Booth or other General\nSuperintendent appointing him or at such other\nperiod as might be named in the document\nappointing him and that it should be the duty of\nevery General Superintendent to make in writing\nas soon as conveniently might be after his\nappointment a statement as to his successor or as to\nthe means which were to be taken for the\nappointment of a successor at the decease of the\nGeneral Superintendent or upon his ceasing to\nperform the duties of the office such statement to\nbe signed by the General Superintendent and\ndelivered in a sealed envelope to the Solicitor for\nthe time being of the said Christian Mission but\nsuch statement might be altered at will by the\nGeneral Superintendent at any time during his\ncontinuance in office upon a new statement being\nsigned by him and delivered as before mentioned\nto such Solicitor as aforesaid:\nAND WHEREAS by the said Deed of Constitution\nit was provided that the General Superintendent\nshould have power to expend on behalf of the\nChristian Mission all moneys contributed for the\ngeneral purposes of the said Christian Mission or\nfor any of the special objects or operations thereof\nbut he should annually publish a balance-sheet\n(duly audited) of all such receipts and expenditure\nand that the General Superintendent should have\npower to acquire by gift purchase or otherwise any\nhall or meeting-house school-room vestry land\nbuilding and appurtenances and any seats fittings\nfurniture or other property whatsoever which might\nin his judgment be required for the purposes of the\nsaid Christian Mission and to build upon such land\nor alter or pull down any such buildings and to hire\non lease or otherwise any land or buildings and to\nlend give away let sell or otherwise dispose of any\nsuch property land or buildings as he might deem\nnecessary in the interests of the said Christian\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n3\nMission wherein all trustees should render him\nevery assistance and that he might in all such cases\nas he should deem it expedient so to do nominate\nand appoint trustees or a trustee of any part or parts\nrespectively of such property and direct the\nconveyance or transfer thereof to such trustees or\ntrustee with power for the General Superintendent\nto declare the trusts thereof and from time to time\nif it should seem expedient to him so to do to\nrevoke any such trusts or the appointment of such\ntrustees or trustee and upon such revocation the\nsame property should be conveyed or transferred to\nsuch persons or person and upon such trusts as he\nmight direct but only for the benefit of the said\nChristian Mission:\nAND WHEREAS on or about the first day of\nJanuary One thousand eight hundred and seventy-\nnine the name of the said religious society or\norganization was changed from \"The Christian\nMission\" to \"The Salvation Army\" as appears by a\nMemorandum under the hand of the said William\nBooth dated the twenty-fourth day of June One\nthousand eight hundred and eighty and enrolled in\nthe Supreme Court of Judicature England on the\ntwentieth day of April One thousand nine hundred\nand six:\nAND WHEREAS by an Indenture made the\nsecond day of June One thousand eight hundred\nand ninety-eight between the said William Booth\nof the one part and Herbert Henry Booth and\nWilliam Peart of the other part after reciting the\nDeed of Constitution and the change of name as\naforesaid and that the said Society or organization\nhad since been and was then known and designated\nas The Salvation Army and that the title of the\nGeneral Superintendent thereof had been altered\ninto that of General and that the said William\nBooth was then known and designated and it was\nintended that every successor of his should\nthereafter be known and designated as the General\nof The Salvation Army and that the operations of\nThe Salvation Army had been extended to and for\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n4\nmany years then past carried on in the Australian\nColonies and particularly in the Colony of Victoria\nand that many Halls and other buildings pieces of\nland and other hereditaments including chattels\nreal had been transferred conveyed or assured to or\nacquired the said William Booth or other persons\non his behalf for divers estates and interests for the\npurposes of or for benefit to The Salvation Army\nas constituted and directed as thereinbefore\nmentioned and that other like property might be so\ntransferred conveyed assured or acquired thereafter\nby the said William Booth or other the General for\nthe time being of The Salvation Army or other\nperson or persons on behalf of the said William\nBooth or other the General for the time being of\nThe Salvation Army (as has in fact taken place)\nand that for the reasons therein appearing the said\nWilliam Booth had determined to appoint by the\nsaid indenture local trustees of the thereinbefore\nmentioned buildings lands and hereditaments and\nto define the trusts upon which such trustees\nshould stand possessed thereof and had requested\nthe said Herbert Henry Booth and William Peart to\nact as the first trustees thereof, which they had both\nagreed to do as was testified by their executing the\nsaid indenture, it was witnessed that in\nconsideration of the premises and in exercise of the\npower reserved to him by the Deed of Constitution\nand of every other power him enabling the said\nWilliam Booth thereby nominated and appointed\nthe said Herbert Henry Booth and William Peart\nthe first trustees of the said indenture and also\ndirected and declared that the said Herbert Henry\nBooth and William Peart and the survivor of them\nand the executors or administrators of such\nsurvivor or other the trustees or trustee for the time\nbeing thereof (all which persons or person were\nthereinafter referred to as \"the trustees\") should\nbecome trustees for the purposes with the powers\nand upon the terms thereinafter appearing:\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n5\nAND WHEREAS the said Indenture provided inter\nalia that the trustees should and were thereby\nempowered to procure to be conveyed or\ntransferred to themselves any lands or any estates\nor interests in any lands situated in Victoria then\nheld by The Salvation Army or by any person or\npersons on behalf of The Salvation Army and were\nfurther empowered at such times as they should\nthink fit to purchase or otherwise acquire any lands\nor any estates or interest in any lands situate as\naforesaid and to obtain leases of any lands situate\nas aforesaid for such term or terms as they should\ndeem advisable and to exchange any lands held by\nthemselves or by any persons or person on behalf\nof The Salvation Army for other land situate as\naforesaid and were empowered to procure to be\nconveyed or transferred to themselves any lands or\nany estate or interest in any lands situate as\naforesaid which had already been or might at any\ntime thereafter be given by will or by deed or by\nany other effectual method to The Salvation Army\nor to any persons or person on behalf of The\nSalvation Army and should hold all the lands and\nall the estates and interests in the clause now in\nrecital mentioned and all other if any the property\nto which the trustees might at any time or from\ntime to time be entitled under the said indenture on\nbehalf of The Salvation Army upon trust for the\nsaid William Booth or other the General for the\ntime being of The Salvation Army and with the\npowers and upon the terms thereinafter contained:\nAND WHEREAS a Memorial of the said\nIndenture was registered in the Office of the\nRegistrar-General on the seventeenth day of\nJanuary One thousand nine hundred, Number 296,\nBook 407, and the said Indenture was deposited in\nthe said office pursuant to section one hundred and\neighty-nine of the Real Property Act 1890 on the\neighteenth day of January One thousand nine\nhundred:\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n6\nAND WHEREAS the trust set forth in the said\nIndenture was registered in the Register of\nSuccessory Trusts of the Office of Titles,\nfolium 56:\nAND WHEREAS various properties are now\nsubject to the said successory trust:\nAND WHEREAS in the events which have\nhappened William McKenzie and Walter Suttor are\nnow the trustees of the property subject to the\ntrusts of the said Indenture:\nAND WHEREAS by a further Deed Poll under the\nhand and seal of the said William Booth bearing\ndate the twenty-sixth day of July One thousand\nnine hundred and four and enrolled in the Supreme\nCourt of Judicature England on the twenty-seventh\nday of July One thousand nine hundred and four it\nwas recited that in order to minimize the possibility\nof doubt dispute or litigation it was considered\ndesirable to provide more fully and specifically\nthan was done by the Deed of Constitution for the\nevents in which the General for the time being\nshould cease to perform the duties of his office and\nalso for the nomination and appointment of a\nsuccessor to the General for the time being on his\ndying or ceasing to perform the duties of the office\nand that the said William Booth had accordingly\ndetermined to execute the said Deed Poll:\nAND WHEREAS by the last mentioned Deed Poll\nafter setting forth more fully such events it was\ndeclared (inter alia) that every General for the time\nbeing of The Salvation Army should be deemed to\ncease to perform the duties of his office within the\nmeaning of clause six of the Deed of Constitution\nand to vacate such office upon the happening of\nany of the events therein referred to that is to say\n(inter alia) if the Commissioners of The Salvation\nArmy or a majority of such Commissioners\namounting to at least four in five should declare by\nwriting under their hands that they are satisfied that\nthe General is (inter alia) permanently\nincapacitated by mental or physical infirmity from\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n7\nthe adequate performance of the duties of his office\nor if a resolution adjudicating the General unfit for\noffice and removing him therefrom should be\npassed by a majority of not less than three-fourths\nof the members present and voting at a meeting of\nthe High Council of The Salvation Army\nthereinafter referred to:\nAND WHEREAS the said William Booth died on\nthe twentieth day of August One thousand nine\nhundred and twelve having by Deed Poll under his\nhand and seal dated the twenty-first day of August\nOne thousand eight hundred and ninety in exercise\nof the power in that behalf vested in him by the\nDeed of Constitution as aforesaid appointed\nWilliam Bramwell Booth to be his successor and to\nsucceed him as from the time of his decease in the\noffice of General Superintendent and Commanding\nOfficer of The Salvation Army:\nAND WHEREAS the said William Bramwell\nBooth by Deed Poll under his hand and seal dated\nthe twenty-third day of August One thousand nine\nhundred and twelve duly accepted the said office:\nAND WHEREAS by Deed Poll under the hand and\nseal of the said William Bramwell Booth bearing\ndate the first day of June One thousand nine\nhundred and twenty it was (inter alia) recited that\nin connexion with and as the outcome of the work\nteaching and experience of The Salvation Army in\nthe United Kingdom and in Australia and in other\ncountries of the world the said William Booth and\nthe said William Bramwell Booth had evolved and\npromulgated various operations for the social\nmoral and temporal welfare and improvement of\nthe poorer and more needy classes of society and\nof persons who were destitute vicious or feeble-\nminded or suffering from injury or sickness or ill-\nhealth or orphans or other children needing care in\norphanages or reformatories and for other\ncharitable purposes which operations were then\nand are now generally known and described as the\nSocial Work of The Salvation Army and which in\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n8\nrelation to the Commonwealth of Australia\n(thereinafter called \"the said Commonwealth\")\nwere thereinafter sometimes referred to as the\nSocial Work and that in connexion with the\ncarrying on of the Social Work in the said\nCommonwealth the said William Booth and the\nsaid William Bramwell Booth as his successor in\noffice had acquired certain real and personal\nproperty particularized in the schedule thereto and\nother real and personal property would thereafter\nbe acquired for the purposes of the Social Work\nand that it was right and desirable that the same\nrespectively should be kept distinct from the other\nor proper real and personal property of The\nSalvation Army and be used and devoted\nexclusively in and to the Social Work in or\nconnected with the said Commonwealth and that\nthe Social Work should be defined and regulated\nand the trusts of the said real and personal property\nalready acquired and thereafter to be acquired for\nor in connexion therewith declared as thereinafter\nappearing:\nAND IT WAS THEREBY WITNESSED that the\nsaid William Bramwell Booth declared that the\nreal and personal property particularized in the said\nschedule and all property real and personal which\nmight thereafter be acquired by gift grant purchase\nor in any manner whatsoever for the purposes of\nthe Social Work in or in connexion with the said\nCommonwealth and all real and personal property\nfor the time being representing the same or any\npart thereof respectively and all which were\nsometimes thereinafter collectively referred to as\n\"the trust property\" should at all times thereafter be\nheld upon trust to use and apply the same and the\nincome thereof for the social moral and temporal\nwelfare and improvement of the poorer and more\nneedy classes of society and of persons who are\ndestitute or vicious or feeble-minded or suffering\nfrom injury or sickness or ill-health or orphans or\nother children needing care in orphanages or\nreformatories in the said Commonwealth and for\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n9\nother charitable purposes in or in connexion with\nthe said Commonwealth in such ways and by such\nmeans as the said William Bramwell Booth or\nother the Director (as thereinafter defined) for the\ntime being of the Social Work should at any time\nor from time to time think fit subject nevertheless\nto the provisoes therein contained:\nAND THAT the Social Work should at all times\nthereafter be under the oversight direction and\ncontrol of the person who should be for the time\nbeing General of The Salvation Army and he\nshould be called in relation to the Social Work the\nDirector of the Social Work (thereinafter referred\nto as \"the Director\") and that it should be his duty\nto determine and enforce the laws and to\nsuperintend the operations of the Social Work and\nto conserve the same and the trust property for the\npurposes of the trusts thereby declared:\nAND IT WAS PROVIDED that for the purpose of\nidentifying and ear-marking the trust property and\nthe income thereof and keeping the same distinct\nfrom all property of The Salvation Army full\naccounts of all moneys contributed collected or\nreceived for the Social Work and of the application\nthereof should be kept in such manner as to keep\nthe same always distinct and separate from the\nproperty of The Salvation Army and that all\nconveyances leases transfers assignments and\nassurances made to the Director for the time being\nfor the purposes of the Social Work should be\nexpressed to be made to him as such Director and\nshould thereupon become subject to the trusts of\nthe Deed Poll now in recital and that whenever any\nproperty real or personal acquired for the purposes\nof the Social Work should be conveyed leased\ntransferred assigned or assured to any trustees or\ntrustee other than the Director for the time being\nsuch trustees or trustee should in each case execute\na sufficient declaration of trust so as in every case\nto enable the property conveyed leased transferred\nassigned or assured to be sufficiently identified or\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n10\near-marked as being property devoted to the\npurposes of the Social Work:\nAND WHEREAS the said recited Deed Poll of the\nfirst day of June One thousand nine hundred and\ntwenty set forth the powers which the Director\nshould have over and on and concerning the said\ntrust property:\nAND WHEREAS none of the properties subject to\nthe last recited Deed Poll is now subject to the said\nsuccessory trust:\nAND WHEREAS at a duly convened meeting of\nthe High Council of The Salvation Army held at\nSunbury in England on the eighth day of January\nand on the thirteenth day of February One\nthousand nine hundred and twenty-nine the High\nCouncil of The Salvation Army referred to in the\nsaid recited Deed Poll of the twenty-sixth day of\nJuly One thousand nine hundred and four duly and\nin accordance with such Deed Poll by resolution a\ncopy of which (inter alia) was enrolled in the\nSupreme Court of Judicature England on the\ntwentieth day of February One thousand nine\nhundred and twenty-nine adjudicated the said\nWilliam Bramwell Booth unfit for office as\nGeneral of The Salvation Army and removed him\ntherefrom and by way of record declared that the\nsaid adjudication was based upon the state of\nhealth of the said William Bramwell Booth and the\nsaid High Council in pursuance of the power\nvested in it by the said Deed Poll of the twenty-\nsixth day of July One thousand nine hundred and\nfour elected and appointed Edward John Higgins\nof 101 Queen Victoria Street London England to\nbe the General of The Salvation Army:\nAND WHEREAS by Deed Poll under his hand and\nseal dated the thirteenth day of February One\nthousand nine hundred and twenty-nine and\nenrolled in the Supreme Court of Judicature\nEngland on the twentieth day of February One\nthousand nine hundred and twenty-nine the said\nEdward John Higgins duly accepted the said office\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n11\nupon and subject to the terms not only of the said\nrecited Deed Poll of the seventh day of August\nOne thousand eight hundred and seventy-eight but\nalso of the said recited Deed Poll of the twenty-\nsixth day of July One thousand nine hundred and\nfour:\nAND WHEREAS a Company known as The\nSalvation Army Auxiliary Company of Australia\nProprietary Limited was formed and registered in\nthe State of Victoria under the Companies Act\n1915 and is the owner of certain property real and\npersonal:\nAND WHEREAS many of the shares in the said\nCompany were at the time of the death of the said\nWilliam Bramwell Booth held by and vested in\nhim as General of The Salvation Army and still\nstand in his name and the other shares in the said\nCompany are held by nominees of the said William\nBramwell Booth as such General:\nAND WHEREAS the said William Bramwell\nBooth died on the sixteenth day of June One\nthousand nine hundred and twenty-nine:\nAND WHEREAS Joseph Gill late of Little\nCollins-street Melbourne in the State of Victoria\nshipping agent and wool broker and of\n\"Winderradeen\" station Goulburn in the State of\nNew South Wales grazier deceased who died on\nthe eleventh day of April One thousand nine\nhundred and twenty-six by his will dated the\nnineteenth day of April One thousand nine hundred\nand twenty-three after appointing trustees thereof\nand bequeathing certain legacies devised and\nbequeathed all the rest and residue of his estate to\nthe said trustees upon trust that the said trustees\nshould sell and convert the same into money as\ntherein provided and should stand possessed of the\nnet moneys to arise from such sale and conversion\nafter making the payments therein mentioned upon\ntrust as to as well the capital as the income of the\nsaid net moneys for such of the three branches of\nThe Salvation Army at Melbourne in the State of\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n12\nVictoria at Sydney in the State of New South\nWales and at Goulburn in the last-mentioned State\nas should be in existence when the date of\ndistribution arrived in equal shares payment to be\nmade as therein provided:\nAND WHEREAS it is expedient to provide that\nthe whole of the property real and personal of The\nSalvation Army in Victoria which was at the time\nof his death held by and now stands in the name of\nthe said William Bramwell Booth upon the trusts\nof the hereinbefore recited Deeds Poll of the\nseventh day of August One thousand eight hundred\nand seventy-eight and the twenty-sixth day of July\nOne thousand nine hundred and four and the first\nday of June One thousand nine hundred and twenty\nrespectively and which stands in the names of\nWilliam McKenzie and Walter Suttor upon the\ntrusts of the hereinbefore recited indenture of the\nsecond day of June One thousand eight hundred\nand ninety-eight and of or to which The Salvation\nArmy is otherwise entitled whether held by and\nstanding in the name of the said William Bramwell\nBooth at the time of his death or now standing in\nthe name or names of any other person or persons\nand which the General for the time being of The\nSalvation Army as such General and as Director of\nthe said Social Work of The Salvation Army\nrespectively is entitled to have vested in him upon\nthe trusts of the said recited Deeds Poll according\nto the nature of the same and all choses in action\nand other property subject to the hereinbefore\nrecited trusts or any of them or any interest in\nrespect thereof except property held by and shares\nin the said The Salvation Army Auxiliary\nCompany of Australia Proprietary Limited and\nexcept the interest of The Salvation Army or of\nany fund department branch corps auxiliary or\ninstitution thereof under the will of the said Joseph\nGill deceased should vest in a body of Trustees and\nthe said body of Trustees should be a body\ncorporate with the powers and authorities\nhereinafter set forth and to provide for the vesting\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n13\nand control of the shares in the said The Salvation\nArmy Auxiliary Company of Australia Proprietary\nLimited:\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 and commencement\nThis Act may be cited as The Salvation Army\n(Victoria) Property Trust Act 1930 and shall\ncome into force on the publication in the\nGovernment Gazette of the names of the first\ntrustees.\n2. Definitions\nIn this Act unless inconsistent with the context or\nsubject matter—\n\"body corporate\" means \"The Salvation Army\n(Victoria) Property Trust\" as incorporated by\nthis Act;\n\"Deed of Construction\" means the hereinbefore\nrecited deed poll of the seventh day of\nAugust One thousand eight hundred and\nseventy-eight;\n\"General\" means the General (formerly called\nGeneral Superintendent) for the time being\nof The Salvation Army under its\nConstitution;\n\"Salvation Army\" means the religious society or\norganization referred to in the hereinbefore\nrecited deeds poll of the seventh day of\nAugust One thousand eight hundred and\nseventy-eight, the twenty-sixth day of July\nOne thousand nine hundred and four, and the\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n14\nfirst day of June One thousand nine hundred\nand twenty and the hereinbefore recited\nindenture of the second day of June One\nthousand eight hundred and ninety-eight;\n\"said recited deeds poll\" means the Deed of\nConstitution and the hereinbefore recited\ndeeds poll of the twenty-sixth day of July\nOne thousand nine hundred and four and the\nfirst day of June One thousand nine hundred\nand twenty;\n\"trustees\" means the persons for the time being\nconstituting the body corporate;\n\"will\" includes codicil and every other\ntestamentary disposition.\n3. Incorporation of trustees: Power to hold real and\npersonal property etc.\nThe trustees for the time being shall be a body\ncorporate by the name of \"The Salvation Army\n(Victoria) Property Trust\" and shall have\nperpetual succession and a common seal and shall\nbe capable of purchasing or otherwise acquiring,\nholding, managing, controlling, and subject to this\nAct, granting, transferring, mortgaging, demising,\nselling, disposing of, creating or reserving\neasements over or otherwise dealing with any\nproperty real or personal and of suing and being\nsued by the aforesaid name and doing and\nsuffering all such other acts and things as bodies\ncorporate may by law do or suffer.\n4. Number and appointment of trustees\n(1) The number of the trustees shall be not less than\nfive and not more than seven, and shall consist of\npersons appointed by the General in writing from\ntime to time whether before or after the passing of\nthis Act.\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n15\n(2) The names of the first trustees shall be published\nin the Government Gazette as soon as may be\nafter the passing of this Act.\n5. Custody of common seal and quorum of trustees\n(1) 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(2) The trustees or any three of them acting in\npursuance of a resolution of the trustees may\nexercise any power conferred by this Act on the\ntrustees or the body corporate.\n(3) At a meeting of the trustees three shall form a\nquorum.\n6. Execution of deeds and contracts\n(1) 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\ntrustees or in such other way as the trustees may\nfrom time to time appoint and such attestation\nshall be sufficient evidence of the authority to\naffix the seal.\n(2) Contracts on behalf of the body corporate may be\nmade as follows—\n(a) any contract which if made between private\npersons would be by law required to be in\nwriting under seal may be made on behalf of\nthe body corporate in writing under its\ncommon seal affixed as provided in sub-\nsection (1) of this section and may in the\nsame manner be varied or discharged;\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n16\n(b) any contract which if made between private\npersons would be by law required to be in\nwriting signed by the parties to be charged\ntherewith may be made on behalf of the body\ncorporate in writing signed by any person\nacting under the authority of the trustees and\nmay in the same manner be varied or\ndischarged;\n(c) any contract which if made between private\npersons would by law be valid although\nmade by parol only and not reduced to\nwriting may be made by parol on behalf of\nthe body corporate by any person acting\nunder the authority of the trustees and may in\nthe same manner be varied or discharged.\n(3) All contracts made according to sub-section (2) of\nthis section shall be effectual in law and shall bind\nthe body corporate and its successors and all other\nparties thereto their heirs executors or\nadministrators (as the case may be).\n(4) The production of a document which purports to\nbe executed in accordance with the requirements\nof sub-section (1) of this section shall be primâ\nfacie evidence and in favour of the Crown, the\nRegistrar-General, the Registrar of Titles, and\nevery person who deals for value with the trustees\nbe conclusive evidence that such document was\nexecuted in accordance with the requirements of\nthe said sub-section (1).\n7. Vesting of property in trustees\nAll lands, tenements, and hereditaments\n(including chattels real) situate in the State of\nVictoria together with all rights, easements, and\nappurtenances relating thereto and all personal\nproperty situate as aforesaid which were at the\ntime of his death held by and immediately before\nthe commencement of this Act stood in the name\ns. 7\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n17\nof the said William Bramwell Booth, as General\nof The Salvation Army or Director of the Social\nWork of The Salvation Army respectively, upon\nthe trusts of the said recited deeds poll or any of\nthem or which at the time of the commencement\nof this Act are subject to the trusts of the\nhereinbefore recited indenture or which were at\nthe time of his death held by and immediately\nbefore the commencement of this Act stood in the\nname of the said William Bramwell Booth or are\nheld by and stand in the name or names of any\nother person or persons in trust for The Salvation\nArmy or for any of its funds or any department of\nits work or any branch corps auxiliary or\ninstitution of The Salvation Army or to which\nThe Salvation Army is otherwise entitled and all\nchoses in action and other property in Victoria\nsubject to the hereinbefore recited trusts or any\ntrusts declared pursuant to the said recited deeds\npoll and indenture or any of them and all other\nproperty real and personal which immediately\nbefore the commencement of this Act was held in\ntrust for The Salvation Army in Victoria or for\nany of its funds or any department of its work or\nany branch corps auxiliary or institution thereof or\nto which immediately before the commencement\nof this Act The Salvation Army in Victoria was\nentitled (save and except any property held by and\nany shares in The Salvation Army Auxiliary\nCompany of Australia Proprietary Limited and\nsave and except the interest of The Salvation\nArmy or of any fund department branch corps\nauxiliary or institution thereof under the\nhereinbefore recited will of Joseph Gill deceased),\nshall (subject to the provisions of sections\nnineteen and twenty-two of this Act) vest in the\nbody corporate upon the trusts and with the\npowers, authorities, and discretions and subject to\nthe terms, provisions, and conditions of this Act\ns. 7\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n18\nand of the Deed of Constitution and the said deed\npoll of William Booth bearing date the twenty-\nsixth day of July One thousand nine hundred and\nfour or of the said deed poll of William Bramwell\nBooth bearing date the first day of June One\nthousand nine hundred and twenty, according to\nthe particular trusts in each case upon which the\nsame were held immediately before the\ncommencement of this Act but subject and\nwithout prejudice to the special trusts if any upon\nwhich the same were so held and subject also to\nany reservation, mortgage, charge, encumbrance,\nlien, or lease affecting the same respectively and\nsubject and without prejudice to any resulting trust\nor any trust of any such lands, tenements, or\nhereditaments in favour of the donor or any\nperson or corporation other than The Salvation\nArmy and upon and subject to no other trusts or\nprovisions whatsoever.\n8. Powers of trustees\nThe trustees shall be entitled at all times after the\ncommencement of this Act to exercise all the\npowers relating to the lands, tenements, and\nhereditaments (including chattels real) rights\neasements and appurtenances and personal\nproperty and choses in action hereby vested in the\nbody corporate or which may hereafter be\nacquired by the body corporate or which may\nbecome vested in the body corporate under this\nAct or otherwise which were immediately before\nthe commencement of this Act exercisable by the\nGeneral of The Salvation Army and the Director\nof the Social Work of The Salvation Army for the\ntime being respectively under the said recited\nDeed of Constitution and deed poll of the twenty-\nsixth day of July One thousand nine hundred and\nfour and under the said recited deed poll on the\nfirst day of June One thousand nine hundred and\ns. 8\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n19\ntwenty according as the trustees hold the same\nupon the trusts of such Deed of Constitution and\nfirst-mentioned deed poll or of such second-\nmentioned deed poll (as the case may be) and may\nexercise all or any of such powers and of the\npowers by this Act conferred upon them,\nnotwithstanding there is for the time being any\nvacancy in the office of General of The Salvation\nArmy or the office of Director of the Social Work\nof The Salvation Army provided that such trusts\nshall not be enlarged modified varied or altered\nsave as provided in the next succeeding section.\n9. Trust property, how held\n(1) All property from time to time vested in the body\ncorporate shall so far as the same is not subject to\nany express trust other than the said recited deeds\npoll be held and dealt with as follows—\n(a) property so held for the general purposes of\nThe Salvation Army shall be held and dealt\nwith in accordance with and subject to such\nof the trusts powers and provisions of the\nDeed of Constitution and the deed poll of the\ntwenty-sixth day of July One thousand nine\nhundred and four as are applicable to such\ngeneral purposes;\n(b) property so held for the Social Work of The\nSalvation Army shall be held and dealt with\nin accordance with and subject to the said\nrecited deed poll of the first day of June One\nthousand nine hundred and twenty:\nProvided that no person dealing with the trustees\nshall be bound to inquire into the propriety or\nnecessity of any such dealing.\ns. 9\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n20\n(2) (a) The trustees may from time to time with the\nconsent of the General enlarge modify vary\nor alter the trusts upon which for the time\nbeing any of the said property is held:\nProvided that all such property shall subject to any\nsuch enlargement modification variation or\nalteration be held upon either one or other of the\ntrusts mentioned in the last preceding sub-section.\n(b) This sub-section shall apply to property the\nsubject of any express trust other than the\nsaid recited deeds poll only to the extent (if\nany) and subject to the conditions (if any) in\naccordance with which such trust could have\nbeen altered if this Act had not been passed.\n10. Power to mortgage\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:\nProvided that no debt incurred for the general\npurposes of The Salvation Army shall be secured\nupon any property which is for the time being held\nupon trust for the Social Work of The Salvation\nArmy and that any moneys raised on any property\nwhich is for the time being held upon trust for the\nSocial Work of The Salvation Army shall only be\nused for the purposes of the said Social Work.\n11. Power to sell\nThe body corporate may from time to time sell\nany real or personal property for the time being\nvested in it by public auction or private contract as\nthe trustees deem expedient at such price and\nupon such terms as to payment of purchase money\nand on such conditions and generally in such\nmanner as they think fit and may convey transfer\ns. 10\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n21\nor assign the same or any part thereof to the\npurchaser or purchasers thereof or as he or they\ndirects or direct and the property so conveyed\ntransferred or assigned shall thereupon be\nabsolutely freed and discharged from the trusts\naffecting the same.\n12. Protection of mortgagees and purchasers\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\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 or 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.\n13. Proceeds of sale of land held for the Social Work\nThe proceeds of the sale of any property real or\npersonal held for the purpose of the said Social\nWork shall be devoted to the purposes of the said\nSocial Work, and the body corporate may for such\npurposes purchase or otherwise acquire therewith\nany property real or personal.\ns. 12\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n22\n14. Meetings of trustees, minutes etc.\n(1) The trustees may regulate the time and place of\ntheir meetings and the procedure to be followed\nthereat.\n(2) The trustees shall hold regular meetings, and shall\ncause to be kept minutes of their proceedings and\ntheir resolutions, which shall at all times be open\nfor inspection by the General or any person\nappointed by him.\n(3) The trustees shall keep a register of all lands\nvested in the body corporate and shall indicate in\nsuch register which lands are held for the general\npurposes of The Salvation Army and which are\nheld for the Social Work of The Salvation Army.\n15. Removal of trustees\nThe General may from time to time by writing\nremove any person from the office of trustee and\nappoint another person to be a trustee in the place\nof any person so removed or whose office has for\nany other reason become vacant and if the number\nof trustees is less than seven may appoint\nadditional trustees so that the total number of\ntrustees does not exceed seven.\n16. Power of continuing trustees to act\nThe continuing trustees, provided there are not\nless than three trustees, may act notwithstanding\nany vacancy in the number of trustees either by\ndeath, resignation, or removal, but each vacancy\nshall be filled as soon as practicable after such\nvacancy occurs.\n17. Appointment of officers etc.\n(1) The trustees may appoint officers of the body\ncorporate and a certificate under the seal of the\nbody corporate of the appointment of a secretary\nor other officer shall be primâ facie evidence and\ns. 14\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n23\nin favour of the Crown, the Registrar-General, the\nRegistrar of Titles and every person who deals for\nvalue with the trustees conclusive evidence of his\nor their due appointment.\n(2) A certificate signed by the secretary for the time\nbeing of the body corporate as to who are the\npersons for the time being constituting the body\ncorporate and a certificate of such secretary\ncertifying to any resolutions of the trustees shall\nbe primâ facie evidence and in favour of the\nCrown the Registrar-General and the Registrar of\nTitles and every person who deals for value with\nthe trustees conclusive evidence as to who are the\ntrustees for the time being and of any such\nresolution (as the case may be) and judicial notice\nshall be taken of the signature of the secretary for\nthe time being appearing on every such certificate.\n18. Construction of wills etc.\n(1) Whenever by any will (other than the hereinbefore\nrecited will of Joseph Gill deceased) deed or other\ninstrument or by any gift or disposition of\nproperty any property real or personal has been or\nis devised bequeathed given granted released\nconveyed transferred assigned or appointed to or\nhas been or is declared or directed to be held upon\ntrust for the benefit of The Salvation Army in\nVictoria or of any of its funds or any department\nof its work or of any branch, corps, auxiliary, or\ninstitution thereof or shall be or become\nreceivable by or payable to or for the benefit of\nThe Salvation Army in Victoria or by to or for the\nbenefit of any such fund, department, branch,\ncorps, auxiliary or institution—\n(a) such will deed or other instrument gift or\ndisposition shall be construed and operate\nand take effect as though the body corporate\nwere named therein;\ns. 18\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n24\n(b) the acknowledgment or receipt of the\ntrustees or of any person or persons\nauthorized in writing by the trustees for any\nsuch property shall be a sufficient discharge\ntherefor; and\n(c) all property real or personal so devised\nbequeathed given granted released conveyed\ntransferred assigned or appointed or declared\nor directed to be held upon trust as aforesaid\nshall, subject to the trusts of such will, deed,\nor other instrument, gift or disposition and\nsubject to any direction to the contrary\ntherein contained or declared thereby so far\nas the same are capable of taking effect, be\nunder the direction and control of the\ntrustees, and they may call for the transfer,\nconveyance, assignment, or delivery thereof\nto the body corporate.\n(2) The person or persons in whom the interest of The\nSalvation Army or of any fund department branch\ncorps auxiliary or institution thereof under the\nhereinbefore recited will of Joseph Gill deceased\nis vested may from time to time transfer to the\nbody corporate any property to which The\nSalvation Army in Victoria or any fund\ndepartment branch corps auxiliary or institution\nthereof is entitled under the said will and\nthereupon such property shall vest in the body\ncorporate to be held upon the trusts of the said\nwill and the provisions of this Act shall apply\nthereto accordingly.\n19. Vesting in trustees of property given or devised etc.\nfor benefit of The Salvation Army\nWhenever by any will (other than the hereinbefore\nrecited will of Joseph Gill deceased) deed or other\ninstrument or by any gift or disposition of\nproperty made before but not taking effect until\ns. 19\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n25\nafter the commencement of this Act, or by any\nwill, deed or other instrument or by any gift or\nother disposition of property made after the\ncommencement of this Act any real or personal\nproperty has been or is devised, bequeathed, or\ngiven to or for the benefit of The Salvation Army\nin Victoria or to or for the benefit of any of its\nfunds, or of any department of its work, or of any\nbranch, corps, auxiliary, or institution thereof\n(other than real or personal property devised,\nbequeathed or given to specific trustees upon trust\nfor The Salvation Army or for any such fund,\ndepartment, branch, corps, auxiliary, or institution\nthereof) all such real and personal property shall\nvest in the body corporate.\n20. Saving of rights\nNothing contained in or done under this Act shall\nbe deemed to affect prejudicially or to deprive any\nperson of any right whatsoever which if this Act\nhad not been passed might have been enforceable\nagainst the General or his predecessors in office;\nand such right so far as it relates to any property\nvested in the body corporate pursuant to this Act\nmay be enforced against the body corporate.\n21. Vesting of rights of the General in the trustees\nAny rights, however arising, relating in any wise\nto the real and personal property held in trust for\nor pursuant to this Act vested in the body\ncorporate which were at the time of his death in\nthe said William Bramwell Booth or immediately\nbefore the commencement of this Act were in the\nGeneral are hereby vested in the body corporate\nand may be enforced by it in the same manner as\nthe said William Bramwell Booth if he were still\nliving or the General (as the case may be) might\nhave enforced the same if this Act had not been\npassed.\ns. 20\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n26\n22. Vesting of estates in land in trustees\nWhere any property which but for this section\nwould be vested in the body corporate under or by\nvirtue of this Act consists of any estate in land\nthen such estate shall be held on trust for or on\nbehalf of the body corporate and—\n(a) if such property is an estate in land under the\nTransfer of Land Act 1958, on application\nin that behalf by the trustees to the Registrar\nof Titles and on proof of his satisfaction of\nthe facts relating thereto and payment of the\nproper fees, he shall make the proper\nrecording in the Register1 and thereupon\nwithout any transfer of such estate the whole\nestate shall vest in the body corporate;\n(b) if such property is an estate in land not under\nthe Transfer of Land Act 1958, on\napplication in that behalf by the trustees to\nthe Registrar-General and on proof to his\nsatisfaction of the facts relating thereto and\npayment of the proper fees, he shall make the\nproper entry in the appropriate register and\nthereupon without any conveyance or other\nassurance of such estate it shall vest in the\nbody corporate for all the estate of the person\nso holding on trust.\n23. Property subject to the Religious Successory and\nCharitable Trusts Act 1928\nWhere under or in pursuance of this Act any\nproperty which is the subject of the hereinbefore\nrecited trust registered folium 56 in the Register of\nSuccessory Trusts becomes vested in the body\ncorporate the said Register shall thereupon as to\nsuch property be closed; and the Registrar of\nTitles shall upon production to him of any\ndocument endorsed under section sixteen of the\nReligious Successory and Charitable Trusts\ns. 22\nS. 22(a)\namended by\nNos 18/1989\ns. 13(Sch. 2\nitem 77(b)),\n74/2000\ns. 3(Sch. 1\nitem 113).\nS. 22(b)\namended by\nNo. 18/1989\ns. 13(Sch. 2\nitem 77(b)).\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n27\nAct 1928 or any corresponding previous\nenactment cancel such endorsement.\n24. Shares in Salvation Army Auxiliary Company\n(1) All shares in The Salvation Army Auxiliary\nCompany of Australia Proprietary Limited now\nstanding in the name of the said William\nBramwell Booth shall vest in the said Edward\nJohn Higgins as General or in such person or\npersons as he shall direct and upon presentation to\nthe secretary for the time being of such company\nof an application or applications in that behalf\nfrom the said Edward John Higgins the said\nEdward John Higgins or the person or persons\nnamed in such application or applications shall be\nregistered in the books of the company in place of\nthe said William Bramwell Booth as the holder of\nthe shares mentioned in such application or\napplications.\n(2) All shares in the said company now standing in\nthe names of any persons other than the said\nWilliam Bramwell Booth and held by such\npersons upon trust for the said William Bramwell\nBooth shall be held by such persons free from\nsuch trust.\n25. Delegation of powers by the General\nThe General may from time to time delegate to\nany person or persons the exercise of all or any of\nthe powers conferred upon him by this Act and\nmay from time to time revoke any such delegation\nand for the purposes aforesaid may execute such\npowers of attorney and other instruments as he\nmay think fit.\n═══════════════\ns. 24\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n28\nENDNOTES\n1. General Information\nThe Salvation Army (Victoria) Property Trust Act 1930 was assented to\non 18 December 1930 and came into force on the publication in the\nGovernment Gazette of the names of the first trustees—14 January 1931:\nGovernment Gazette 14 January 1931 page 113.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n29\n2. Table of Amendments\nThis Version incorporates amendments made to The Salvation Army\n(Victoria) Property Trust Act 1930 by Acts and subordinate instruments.\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nTransfer of Land (Computer Register) Act 1989, No. 18/1989\nAssent Date: 16.5.89\nCommencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488\nCurrent State: All of Act in operation\nStatute Law Revision Act 2000, No. 74/2000\nAssent Date: 21.11.00\nCommencement Date: S. 3(Sch. 1 item 113) on 22.11.00: s. 2(1)\nCurrent State: This information relates only to the provision/s\namending the The Salvation Army (Victoria)\nProperty Trust Act 1930\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 3896/1930\nThe Salvation Army (Victoria) Property Trust Act 1930\n30\n3. Explanatory Details\n1 S. 22(a): The amendment proposed by section 13(Sch. 2 item 77(a)) of the\nTransfer of Land (Computer Register) Act 1989, No. 18/1989 is not\nincluded in this publication as it incorrectly refers to section 28(a) of this Act.\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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, this Act appears to have remained focused on its original purpose of establishing a property trust for The Salvation Army in Victoria. The version history suggests it has been consolidated but not substantially altered in scope since its enactment in 1930. No evidence of scope expansion or contraction is apparent from the provided text."},"complexity_factors":["Very narrow, single-purpose legislation focused solely on establishing a property trust","Limited detail available in the provided text — the full Act text was not included, only version history metadata","Standard template legislation of this type is typically straightforward with minimal interpretive ambiguity","Long-standing Act (1930) with presumably minimal amendments based on the version history provided","No cross-references to complex regulatory frameworks apparent from the available information"],"plain_english_summary":"The Act establishes a statutory Property Trust for The Salvation Army in Victoria, giving the organisation a recognised legal vehicle to own, hold and manage real estate and other assets it needs to operate. It affects the Salvation Army, its donors and indirectly people who rely on its services, by securing charitable property, enabling property-related contracts, and protecting assets through changes in personnel."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act’s substantive scope—incorporating a corporate trustee, vesting Salvation Army property in Victoria, and setting powers and limits for that trustee—remains the core. Subsequent amendments recorded in the endnotes relate to registry and land-title procedural references (amendments to s.22 by Transfer of Land (Computer Register) Act 1989 and Statute Law Revision Act 2000) rather than altering the Act’s fundamental vesting or trust purposes."},"complexity_factors":["Multiple pre-existing trust instruments and deed polls are incorporated and their trusts preserved or applied to property vesting (Preamble; s.7).","Differentiation between general Salvation Army property and property held for the Social Work creates parallel trust regimes with distinct use and borrowing limits (s.9(1)(a)–(b); s.10; s.13).","Wide trustee powers to acquire, hold, mortgage, sell and otherwise deal with property, subject to certain exceptions and provisos (s.3; s.8; s.10; s.11).","Appointment, removal and control of trustees is concentrated in the General, including power to appoint up to seven trustees and to remove them (s.4(1); s.15), creating significant executive discretion.","Procedural and evidentiary rules for execution of deeds, contract-making, and certificates ease transactions but create formal requirements parties must follow (s.6; s.17).","Protections for mortgagees and purchasers limit third-party inquiries into application of funds and provide conclusive evidentiary presumptions (s.12; s.6(4)), shifting risk onto those who deal with the trustees.","Vesting and registration mechanics for land interact with land title systems and registries, requiring applications to Registrars rather than conveyances (s.22, as amended).","Numerous savings, exceptions and cross-references (e.g. shares in the Auxiliary Company and legacy under Joseph Gill’s will) add carve-outs that must be checked when determining whether a specific asset vests (Preamble; s.7; s.18; s.24)."],"plain_english_summary":"This Act creates a corporate trustee called The Salvation Army (Victoria) Property Trust, vests Salvation Army real and personal property in Victoria in that trustee, and gives the trustees power to hold, manage, mortgage, sell and otherwise deal with that property. It also preserves a separate “Social Work” fund and lets the General of The Salvation Army appoint and remove trustees. The stated purpose is to organise and secure the temporal (non-spiritual) affairs and property of the Salvation Army in Victoria."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: creating a corporate trustee structure for Salvation Army property in Victoria following the death of General William Bramwell Booth. While the Act incorporates amendments updating land registration references (Transfer of Land Act 1958, Statute Law Revision Act 2000), these are technical modernizations rather than expansions of scope. The core function — vesting property in a permanent trustee body and separating general religious purposes from Social Work — remains unchanged from the 1930 intent."},"complexity_factors":["Extensive historical preamble (12 pages) recounting 50+ years of deeds, indentures, and succession crises from 1878-1929","Multiple overlapping trust structures: general purposes vs. Social Work, each governed by different historical deeds","Numerous exceptions and carve-outs (Joseph Gill will, Salvation Army Auxiliary Company shares)","Complex vesting provisions in section 7 with multiple conditions and savings clauses","Interaction with other statutes: Transfer of Land Act 1958, Religious Successory and Charitable Trusts Act 1928, Companies Act 1915","19th-century legal terminology throughout ('hereditaments', 'chattels real', 'indenture', 'deed poll')","Conditional logic: 'if such property is an estate in land under the Transfer of Land Act 1958...' vs. 'if such property is an estate in land not under...'","8 defined terms in section 2, but many undefined historical references assumed to be understood"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal entity called **\"The Salvation Army (Victoria) Property Trust\"** — essentially a corporate body that holds and manages all property owned by The Salvation Army in Victoria. Before this law, Salvation Army property was held personally by the General (the worldwide leader) or by individual trustees, which created legal headaches when leaders died or changed.\n\n**Who it affects:**\n\n*   **The Salvation Army** — specifically its operations in Victoria\n*   **The General** — the worldwide leader who appoints and removes trustees\n*   **The Trustees** — a group of 5-7 people who legally own and manage the property\n*   **Donors and beneficiaries** — anyone giving property to The Salvation Army in Victoria\n\n**Key things the law sets up:**\n\n*   **Incorporation**: The trustees become a \"body corporate\" (a legal entity like a company) that can own property, sue, be sued, and enter contracts\n*   **Property transfer**: All Salvation Army property in Victoria automatically transfers from the late General William Bramwell Booth and previous trustees into this new Trust\n*   **Two separate funds**: Property is kept distinct between:\n    *   **General purposes** — religious and operational activities\n    *   **Social Work** — welfare services for the poor, sick, orphans, etc.\n*   **Protection for buyers**: People buying property from the Trust don't need to check if the money is being used properly — they get clear title\n*   **Future gifts**: Any will or gift mentioning \"The Salvation Army in Victoria\" automatically goes to this Trust\n\n**Why it matters:**\n\nThis solved a practical crisis. When General William Bramwell Booth died in 1929, all Victorian Salvation Army property was legally in his personal name. This Act created a permanent structure so property wouldn't get stuck in legal limbo every time a General died. It also separated \"church\" property from \"charity\" property, ensuring money raised for soup kitchens couldn't be used to pay church debts, and vice versa."}},"importantCases":[],"_links":{"self":"/api/acts/the-salvation-army-victoria-property-trust-act-1930","history":"/api/acts/the-salvation-army-victoria-property-trust-act-1930/history","analysis":"/api/acts/the-salvation-army-victoria-property-trust-act-1930/analysis","conflicts":"/api/acts/the-salvation-army-victoria-property-trust-act-1930/conflicts","importantCases":"/api/acts/the-salvation-army-victoria-property-trust-act-1930/important-cases","documents":"/api/acts/the-salvation-army-victoria-property-trust-act-1930/documents"}}