{"id":"nsw:act-1918-sea","name":"The Synod of Eastern Australia Property Act 1918","slug":"the-synod-of-eastern-australia-property-act-1918","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"sea of 1918","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111955,"registerId":"nsw-act-1918-sea-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Who are the trustees. Trustees to be a body corporate","content":"#### 1 Who are the trustees. Trustees to be a body corporate\n\n1 Who are the trustees. Trustees to be a body corporate\n\n> The Moderator and the clerk and the treasurer of the Synod of Eastern Australia for the time being, and their successors in office, shall be a body corporate by the name of “The Trustees of the Synod of Eastern Australia,” and by that name shall have perpetual succession and a common seal, and be capable in law of suing and being sued, and shall have power to acquire and hold any property, real or personal.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Vesting of all property in the trustees without conveyance or transfer","content":"#### 2 Vesting of all property in the trustees without conveyance or transfer\n\n2 Vesting of all property in the trustees without conveyance or transfer\n\n> All property now or hereafter held by or on behalf of the synod, or any congregation or body of Presbyterians belonging to the same for any purpose in connection with the synod, or any such congregation or body, and whether with or without special words or conditions of trust, shall without any conveyance or transfer, or other assurance vest in the trustees: Provided that if any such property is subject to any charge or mortgage it shall not vest in the trustees without the consent of the chargee or mortgagee thereof, until such charge or mortgage has been discharged, or until the trustees have, with the consent aforesaid, undertaken to answer any liability in respect of such charge or mortgage.","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Trustees to be indemnified out of trust property","content":"#### 2A Trustees to be indemnified out of trust property\n\n2A Trustees to be indemnified out of trust property\n\n> > (1) A person who as the Moderator, the clerk or the treasurer of the synod for the time being exercises or performs, in good faith and in accordance with this Act and any regulations made by the synod under section 6, any power, authority, duty or function in relation to property vested in the trustees, and the executor or administrator of any such person, is entitled to be indemnified out of property vested in the trustees against all expenses and liabilities that the person has incurred in connection with the exercise or performance of the power, authority, duty or function.\n> \n> > (2) This section applies only in respect of the exercise or performance of a power, authority, duty or function after the commencement of this section.\n> \n> **s 2A:** Ins 2004 No 6, Sch 1.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Saving the rights of certain trustees","content":"#### 3 Saving the rights of certain trustees\n\n3 Saving the rights of certain trustees\n\n> All the provisions now in force with respect to the appointment, resignation, removal, powers, rights, and duties of the present trustees or holders of any property held by or on behalf of the synod or any congregation or body of Presbyterians belonging to the same shall continue in force in respect to such trustees or holders until the said property becomes vested in the trustees in accordance with the provisions of this Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Title deeds of property vesting in the trustees to be handed over to them","content":"#### 4 Title deeds of property vesting in the trustees to be handed over to them\n\n4 Title deeds of property vesting in the trustees to be handed over to them\n\n> Upon any property vesting in the trustees under the provisions of this Act the prior trustees or holders thereof shall when called upon so to do by the trustees hand or cause to be handed over to them all title deeds, documents, and writings of and relating thereto which may be in their possession or under their control, and execute, deliver, and hand over to the trustees any conveyance, transfer, authority, order, or other instrument or assurance which the trustees may in their sole discretion call for upon the trustees paying any reasonable and proper costs and expenses to which such prior trustees or holders may be put.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Property held by the trustees to be dealt with as the synod may direct","content":"#### 5 Property held by the trustees to be dealt with as the synod may direct\n\n5 Property held by the trustees to be dealt with as the synod may direct\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 such manner as the synod may direct.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Synod may make regulations","content":"#### 6 Synod may make regulations\n\n6 Synod may make regulations\n\n> The synod may make regulations for the management, leasing, mortgaging, sale, and disposition of any property held by the trustees, and also for the purchase of any property by the trustees, and for the investment of any funds of the synod, and for any other matter or thing concerning the said property howsoever.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Power to sell","content":"#### 7 Power to sell\n\n7 Power to sell\n\n> The trustees may, with the consent of the synod, sell any property vested in them by public auction or private contract in one lot or several lots, and upon such terms, stipulations, and conditions as to title, evidence, price, and payment thereof, whether in cash or on terms or otherwise, as the synod may in its absolute discretion direct, and may rescind or vary any contract for sale, and resell without being answerable for any loss or damage, and when sold convey or transfer or assure the said property or any part thereof, and thereupon the same shall vest in the purchaser thereof, his heirs, executors, administrators, or assigns, according to the estate or interest of the trustees therein, absolutely freed and discharged from the trusts affecting the same, and the receipt in writing of a majority of the trustees for the purchase money for any property sold under this Act shall absolutely discharge the purchaser thereof from the purchase money payable by him, and shall exonerate him from seeing to the application of the said purchase money and from all liability as to the misapplication or non-application thereof, and shall be conclusive evidence that such consent to sell as aforesaid has been given by the synod.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Application of proceeds of sale","content":"#### 8 Application of proceeds of sale\n\n8 Application of proceeds of sale\n\n> The proceeds of any land sold under the provisions of this Act, and all moneys paid by the Government as compensation for any lands resumed by them, shall, with the consent of the synod, be applied by the trustees in the purchase of other lands as a site for a church, or a minister’s dwelling-house, or a school-house for the use of the congregation for which the land so sold or resumed was held in trust, and in and towards the erection, improvement, or maintenance of a church, or a minister’s dwelling-house, or a school-house upon the said site, or if such application of the said proceeds or moneys, wholly or in part, shall be deemed inexpedient by the synod, then for such other religious or educational purposes in connection with the church as the trustees, with the consent aforesaid, may determine, or with the consent also of the congregation in and towards the erection, improvement, or maintenance of a church, minister’s dwelling-house, or a school-house upon other lands vested in the trustees in trust for the said congregation, or upon the unsold portion of any of the lands aforesaid.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Power to mortgage or sell subject to mortgage","content":"#### 9 Power to mortgage or sell subject to mortgage\n\n9 Power to mortgage or sell subject to mortgage\n\n> The trustees may from time to time, with the consent of the synod, mortgage any real or personal property vested in them, or any part thereof, or sell the same as aforesaid subject to such mortgage for any sum and upon such terms as the synod in its absolute discretion may direct, and in every such case of mortgage or sale subject to mortgage may convey, transfer, and assure the same accordingly free from all the trusts upon which the same was held, and give valid receipts for all moneys received by them; and such receipts shall absolutely discharge the purchaser or mortgagee thereof from the money payable by him, and shall exonerate him from seeing to the application of the said money and from all liability as to the misapplication or non-application thereof, and shall be conclusive evidence that such consent to mortgage or sell and convey as aforesaid shall have been given by the synod.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Disposal of moneys arising from mortgage","content":"#### 10 Disposal of moneys arising from mortgage\n\n10 Disposal of moneys arising from mortgage\n\n> The trustees shall stand possessed of all moneys arising from any mortgage as aforesaid upon trust in the first place to pay and satisfy the existing mortgage, and as to the balance of the said moneys (if any), or in case there is no such existing mortgage, then as to the whole of the said moneys upon trust to apply the same, with the consent of the synod, in and towards the erection, improvement, or maintenance of any church, minister’s dwelling-house, or school-house upon the land so mortgaged as aforesaid, or upon any other land held by the trustees in trust for the same congregation.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Power to lease","content":"#### 11 Power to lease\n\n11 Power to lease\n\n> The trustees, with the consent of the synod, may by deed lease any property vested in them for such period at such rent and upon such terms, conditions, and covenants as the synod may in its absolute discretion direct.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Disposal of rents and profits or other income of property","content":"#### 12 Disposal of rents and profits or other income of property\n\n12 Disposal of rents and profits or other income of property\n\n> The trustees shall, out of the rents and profits received by them from any glebe lands and other lands belonging to any congregation, in the first place pay to the minister of the said congregation the sum of one hundred and fifty pounds per annum, exclusive of stipend from other sources, and in the next place, with the consent of the synod, apply the remainder of the said rents and profits towards the building, enlarging, or maintaining of the church or minister’s dwelling-house belonging to such congregation, or to such other religious or educational purpose as the synod may determine.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Rights of ministers","content":"#### 13 Rights of ministers\n\n13 Rights of ministers\n\n> The minister lawfully appointed, and while he shall continue to hold such appointment, shall have free access and admission to the church of which he is the officiating minister, and the burial-ground belonging thereto, and every part thereof respectively at all times as he shall think fit, and shall freely exercise his spiritual functions therein respectively without interruption or disturbance by any person, and shall while he shall continue to be such minister as aforesaid freely use, possess, and enjoy the minister’s dwelling-house and the appurtenances thereto: Provided that no such liberty of access, admission, or possession as aforesaid for any length of time shall confer any right of possession or ownership on such minister after he shall have ceased to be such officiating minister as aforesaid, or after he shall have been legally removed from his office.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Power to appoint agents and others","content":"#### 14 Power to appoint agents and others\n\n14 Power to appoint agents and others\n\n> The trustees may employ all agents, assistants, receivers, servants, and others in the performance or carrying out of any of the duties, work, or circumstances arising hereunder, and direct or authorise payment of any moneys payable to them, to any corporation, bank, institution, account, or person as they may deem expedient, and the receipt of any such corporation, bank, institution, account, or person shall be the same as if given by the trustees or the majority of the trustees themselves, and in like manner discharge the person or persons paying therefrom and from all responsibility of seeing to the application thereof or being answerable for the loss, misapplication, or non-application thereof.","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Certified copy to be evidence of proceedings of the synod","content":"#### 15 Certified copy to be evidence of proceedings of the synod\n\n15 Certified copy to be evidence of proceedings of the synod\n\n> A certified copy under the hands of the said Moderator and clerk of any consent, direction, resolution, act, appointment to any office, or any proceeding whatsoever of the synod that may be given, passed, pronounced, or done by the synod shall always be legal and admissible evidence thereof.","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Definitions","content":"#### 16 Definitions\n\n16 Definitions\n\n> In this Act:\n> \n> The trustees means “The Trustees of the Synod of Eastern Australia”.\n> \n> The synod means “The Synod of Eastern Australia”.","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Name of Act","content":"#### 17 Name of Act\n\n17 Name of Act\n\n> This Act may be cited for all purposes as [The Synod of Eastern Australia Property Act 1918](/view/html/inforce/current/act-1918-sea).\n> \n> **s 17:** Am 1985 No 231, Sch 31.","sortOrder":17}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: creating a corporate trustee structure for Presbyterian Church property in Eastern Australia. The 2004 amendment added trustee indemnity protections (section 2A), which is a natural evolution of the original property management framework rather than an expansion beyond it. No significant scope creep detected."},"complexity_factors":["Short statute (17 sections) with straightforward sequential structure","Only 2 defined terms in the interpretation section (section 16)","Minimal cross-referencing — most sections operate independently","Simple conditional logic (primarily 'with the consent of the synod' requirements)","One amendment in 2004 adding indemnity protection (section 2A) and one minor amendment in 1985 to the citation clause","No nested exceptions or complex definitional chains","Language is archaic but conceptually simple (perpetual succession, vesting, conveyancing)"],"plain_english_summary":"This legislation creates a legal framework for managing property owned by the Presbyterian Church of Eastern Australia (specifically the Synod of Eastern Australia, which is a regional governing body).\n\n**What it does:**\n- **Creates a corporate body**: The Moderator (leader), clerk (secretary), and treasurer of the Synod automatically become \"The Trustees of the Synod of Eastern Australia\" — a legal entity that can own property, sue, and be sued.\n- **Transfers property ownership**: All church property held by or for the Synod automatically transfers to these trustees without needing paperwork (unless there's a mortgage, which requires the bank's consent).\n- **Sets rules for managing property**: The trustees can buy, sell, lease, or mortgage property, but only with the Synod's approval. Money from sales or leases must generally be used for church buildings, ministers' houses, schools, or other religious purposes.\n- **Protects ministers**: Gives appointed ministers free access to churches and burial grounds, and use of the minister's house while they hold the position (but they don't own it).\n- **Protects trustees**: Trustees acting honestly and following the rules are protected from personal financial liability — any costs come from church property, not their own pockets.\n\n**Who it affects:**\n- The Presbyterian Church of Eastern Australia and its congregations\n- Church ministers and their housing arrangements\n- Anyone buying, leasing, or lending money secured against church property\n\n**Why it matters:**\nThis Act solves a practical problem: churches need a stable legal owner for their land and buildings that doesn't change every time office-holders change. By making the positions (Moderator, clerk, treasurer) into a permanent corporate body, the church can hold property continuously even as individual people come and go. It also ensures church property is used for religious and educational purposes rather than being diverted elsewhere."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s core regime (corporate trusteeship and automatic vesting) remains, but later amendments expanded trustee protections and updated citations. Notably, an indemnity for officers was inserted (s 2A, inserted 2004) limiting indemnity to good-faith acts after that section’s commencement. Section 17 was amended (1985) for citation purposes. These changes narrow temporal application of indemnity and add statutory protection for office-holders while leaving the Act’s property-control architecture intact."},"complexity_factors":["Automatic vesting of all synod and congregational property without conveyance (s 2) — simplifies transfer but raises title and creditor-consent issues where charges or mortgages exist (s 2 proviso).","Concentration of decision-making in the Synod’s directions and consents (s 5, s 6, s 7, s 9, s 11) — broad discretionary power over sale, mortgage, lease, investment and application of proceeds.","Statutory corporate status for three office-holders (Moderator, clerk, treasurer) and their successors (s 1) — clear legal personality but dependence on office-holders for continuity and representation.","Indemnity limited to good-faith acts and to actions after the section’s commencement (s 2A) — narrows temporal scope and ties protection to compliance with Act and Synod regulations.","Receipts and conveyancing protections for purchasers, mortgagees and payers (s 7, s 9, s 14) — reduces purchaser risk but shifts post-sale accountability to the trust.","Instructions for application of sale/mortgage proceeds (s 8, s 10, s 12) impose purposive constraints and require Synod consent, creating potential allocation disputes.","Minimal procedural detail for internal governance, dispute resolution, or creditor dealings — leaves administrative discretion to Synod and trustees, requiring secondary rules or practice (s 6).","Requirement for prior holders to hand over title deeds on demand and right to reasonable costs (s 4) — creates an enforcement mechanism but rests on trustee call and payment of costs.","Evidentiary convenience: certified copies of Synod proceedings admissible as evidence (s 15) — lowers transactional friction but centralises evidentiary authority in two officers."],"plain_english_summary":"This Act makes the Moderator, clerk and treasurer of the Synod of Eastern Australia a single corporate trustee and causes all property held for the Synod or its congregations to vest automatically in that trustee body (subject to existing mortgages). The Synod decides how trustees manage, lease, mortgage, sell or invest trust property, and trustees may be indemnified out of the trust property for acts done in good faith."},"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":3,"scope_assessment":{"changed":true,"description":"The Act was amended at least twice — in December 1985 and again in March 2004 — as evidenced by the two distinct version timelines. It was also renamed (previously called 'The Synod of Eastern Australia Property Act of 1918'), suggesting at minimum a formal updating of the legislation. The 2004 amendment appears to be the more significant change given it created the current in-force version. However, without the full text of the provisions, the precise nature of any scope changes cannot be fully assessed."},"complexity_factors":["The Act is over 100 years old, meaning it uses archaic legal drafting language typical of early 20th century NSW legislation","It is a Private Act, which is an unusual category that requires understanding how private Acts differ from public legislation","It involves intersection of property law and ecclesiastical (church) governance structures","The full text of the provisions was not available in the provided content, limiting complete analysis","Historical amendments (notably in 1985 and 2004) may have changed the original scope in ways not fully visible"],"plain_english_summary":"The Synod of Eastern Australia Property Act 1918 is a private law that gives the Synod legal authority to hold, manage and deal with land, buildings and other assets on behalf of its churches and institutions in eastern Australia. It affects the Synod, its member congregations and anyone transacting with it, and matters because it provides the organisational legal capacity to own and transact property."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/the-synod-of-eastern-australia-property-act-1918","history":"/api/acts/the-synod-of-eastern-australia-property-act-1918/history","analysis":"/api/acts/the-synod-of-eastern-australia-property-act-1918/analysis","conflicts":"/api/acts/the-synod-of-eastern-australia-property-act-1918/conflicts","importantCases":"/api/acts/the-synod-of-eastern-australia-property-act-1918/important-cases","documents":"/api/acts/the-synod-of-eastern-australia-property-act-1918/documents"}}