Victorian Legislation and Parliamentary Documentsi
Version No. 001
Northcote Trust Fund Act 1975
Act No. 8678/1975
Version incorporating amendments as at 9 August 2000
TABLE OF PROVISIONS
Section Page
Short title 4
Road to be closed 4
Certain lands to become Crown lands 5
Power to Australian trustees to dispose of certain lands 5
Victorian Legislation and Parliamentary Documents1
Version No. 001
Northcote Trust Fund Act 1975
Act No. 8678/1975
Version incorporating amendments as at 9 August 2000
An Act with respect to the Powers of the Australian Trustees of
the Northcote Children's Emigration Fund in relation to certain
Lands at Bacchus Marsh, and for other purposes.
Preamble
WHEREAS the Right Honourable Alice Stephen
Baroness Northcote hereinafter called the
"testatrix" died on the first day of June One
thousand nine hundred and thirty-four having by
her will dated the thirteenth day of May One
thousand nine hundred and thirty-two inter alia
provided for the balance of her residuary estate to
constitute a fund under the name of the "Northcote
Children's Emigration Fund for Australia"
(hereinafter called the "Fund") for the purpose of
enabling and assisting poor children of either sex
and in particular (but not exclusively) orphans to
emigrate from any part of Great Britain to any part
of the Commonwealth of Australia and there to
establish and equip themselves in life:
AND WHEREAS pursuant to a deed of trust made
the twenty-seventh day of September One
thousand nine hundred and thirty-nine the
Honorable Sir William Charles Angliss vested
certain land at Bacchus Marsh in the State of
Victoria in the Fairbridge Farm Schools
(Incorporated) a company not for profit and limited
by guarantee incorporated under the English
Companies Acts upon trust to administer sell
mortgage lease or otherwise dispose of or deal with
the same in such manner as the English trustees
appointed pursuant to the Schedule to the Will of
the said testatrix shall from time to time direct
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except insofar as the English trustees shall from
time to time delegate the power to give such
direction to the Australian trustees appointed
pursuant to the said Schedule and in the event of
such delegations as the Australian trustees shall
direct:
AND WHEREAS the said trust constituted by Sir
William Charles Angliss was declared to be
governed by and enforceable under the law of the
State of Victoria:
AND WHEREAS with the aid of moneys
advanced by the Government of Great Britain and
by the Government of the Commonwealth of
Australia there has been established on the said
land a farm and a village for the accommodation of
emigrant children (hereinafter called the
"Northcote School"):
AND WHEREAS the testatrix by her will
appointed certain persons to be English trustees
and certain persons to be Australian trustees for the
purposes of the Fund and made certain provisions
with respect to the appointment of new English and
Australian trustees from time to time:
AND WHEREAS by the Northcote School Act
1960 certain persons were declared to be the
Australian trustees:
AND WHEREAS the Australian trustees were by
the said Act authorized to enter into and carry out
arrangements for the education and upbringing of
children whether from Great Britain or elsewhere
at the Northcote School with any government
person or organization in Australia:
AND WHEREAS the Australian trustees pursuant
to the powers conferred by the said Act entered
into arrangements with the Victorian Government:
AND WHEREAS the English trustees have
determined to cease making payments to the
Australian trustees for the purposes of the
Northcote School:
Preamble
Section 1 - Northcote Trust Fund Act 1975 - Northcote Trust Fund Act 1975 | Zoe
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AND WHEREAS the Australian trustees being no
longer able to contribute to the management of the
Northcote School desire to surrender to the Crown
part of the lands upon which the Northcote School
is established so that the facilities can continue to
be used for the benefit of children:
AND WHEREAS the Victorian Government
desires to continue the Northcote School for the
benefit of children:
AND WHEREAS the Australian trustees desire to
dispose of the remainder of the land at Bacchus
Marsh vested in the Fairbridge Farm Schools
(Incorporated) and to hold the proceeds of such
sale on certain trusts for the benefit of young
people:
AND WHEREAS the English trustees and the
directors of the Fairbridge Farm Schools
(Incorporated) concur in the proposals of the
Australian trustees:
AND WHEREAS the land delineated and marked
"X" on the plan in Schedule One and the land
delineated and marked "V" on the plan in Schedule
Two are parts of the lands that were proclaimed to
be roads pursuant to the powers conferred by
section 73 of the Land Act 1884 by Order in
Council published in the Government Gazette
dated the 13th May 1887 at page 1271:
AND WHEREAS in or about the year One
thousand nine hundred and four the Shires of
Ballan and Bacchus Marsh proposed that the land
delineated and marked "W" on the plan in the
Second Schedule be dedicated as a road in
substitution for the lands "X" and "V" on the plans
in Schedule One and Schedule Two respectively:
AND WHEREAS the said lands delineated and
marked "V" and "X" respectively are currently
comprised in Certificate of Title Volume 6358
Folio 549 and Certificate of Title Volume 8899
Folio 039 respectively:
Preamble
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AND WHEREAS it is expedient to revoke the
Order in Council relating to the said lands marked
"X" and "V" and to declare the land delineated and
marked "W" on the plan in Schedule Two to be a
road:
AND WHEREAS it is expedient to make provision
to give effect to these proposals:
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Short title
This Act may be cited as the Northcote Trust
Fund Act 1975.
Road to be closed
(1) The Order in Council published in the
Government Gazette on the 13th May 1887 at
page 1271 is hereby revoked insofar as it relates to
the land delineated and marked "X" in Schedule
One and the land delineated and marked "V" in
Schedule Two. The said lands shall cease to form
parts of a road and all rights easements and
privileges existing for the public or claimed by
any person in or in any connexion with the lands
as parts of a public road shall cease and
determine.
(2) The land delineated and marked "W" on the plan
in Schedule Two shall be dedicated to the public
as a road.
s. 1
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3. Certain lands to become Crown lands
(1) The land delineated and marked "Y" on the plan
in Schedule Three and containing 25⋅04 hectares
or thereabouts shall be and be deemed to be
unalienated land of the Crown freed and
discharged from all trusts encumbrances
limitations and restrictions and from every estate
and interest therein.
(2) The Crown shall be entitled to the benefit of an
easement of drainage and sewerage on over and
under the land delineated and marked "Z" on the
plan in Schedule Three and such easement shall
be deemed at all times to be appurtenant to the
land delineated and marked "Y" on the plan in
Schedule Three.
4. Power to Australian trustees to dispose of certain
lands
(1) The lands described in folios of the Register
Volume 6358 Folio 549 and Crown Grant
Volume 6382 Folio 281 other than the land
referred to in sub-section (1) of section 3 shall by
the operation of this Act become and be vested in
the Australian trustees subject only to the
easement created by this Act and the easement in
favour of State Electricity Commission of Victoria
recorded on the folio of the Register Volume 6358
Folio 549 and the Australian trustees are hereby
authorized and empowered to sell the same
subject only to the said easements and to execute
all such transfers and other instruments as are
necessary to transfer such lands to the purchaser.
(2) The Australian trustees shall hold the proceeds of
the sale of the land referred to in sub-section (1)
on trust for such purposes as in the opinion of the
trustees will assist young people to further their
education whether within or outside Australia.
s. 3
S. 4(1)
amended by
No. 18/1989
s. 13(Sch. 2
item 62(a)
(i)(ii)).
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(3) The Australian trustees may, if they think fit, enter
into arrangements for combined schemes or
projects with the English trustees or any other
trustees or persons having funds available for
similar purposes to those referred to in sub-section
(2) as will in the opinion of the trustees assist
young people to further their education whether
within or outside Australia.
5. Australian trustees
(1) The provisions made by the Will of the testatrix
with respect to the appointment retirement and
discharge of Australian trustees shall no longer
apply in or in relation to the appointment
retirement or discharge of Australian trustees as
trustees for the property or the proceeds of the sale
of the property referred to in this Act.
(2) The provisions of Part III of the Trustee Act 1958
shall apply with respect to the appointment
retirement and discharge of the Australian trustees
in and in relation to the appointment retirement or
discharge of Australian trustees as trustees for the
property or the proceeds of the sale of the property
referred to in this Act with the following
modifications—
(a) there shall be not less than four nor more
than seven Australian trustees;
(b) the power of appointing new trustees shall be
vested in the surviving or continuing
Australian trustees or the personal
representative of the last surviving or
continuing Australian trustee.
s. 5
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6. English trustees
As on from and after the commencement of this
Act the English trustees shall be freed and
discharged from all trust duties and obligations
with respect to the property dealt with by this Act
or authorized to be dealt with by the Australian
trustees under this Act.
7. Obligations of Registrar of Titles
The Registrar of Titles must, upon application by
the Australian Trustees and upon submission of
the relevant certificates of title and without fee,
make any recordings in the Register kept under
the Transfer of Land Act 1958 that are necessary
or expedient because of this Act.
s. 6
S. 7
substituted by
No. 18/1989
s. 13(Sch. 2
item 62(b)).
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SCHEDULES
SCHEDULE ONE
LAND
Sch. 1
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SCHEDULE TWO
LAND
Sch. 2
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SCHEDULE THREE
LAND
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Sch. 3
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ENDNOTES
General Information
The Northcote Trust Fund Act 1975 was assented to on 22 April 1975 and
came into operation on 22 April 1975.
Endnotes
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Northcote Trust Fund Act 1975
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2. Table of Amendments
This Version incorporates amendments made to the Northcote Trust Fund
Act 1975 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date: 16.5.89
Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488
Current State: All of Act in operation
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Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes