NORTHERN TERRITORY OF AUSTRALIA
PRESBYTERIAN CHURCH (NORTHERN TERRITORY) PROPERTY
TRUST ACT 1986
As in force at 1 December 2000
Table of provisions
1 Short title ......................................................................................... 1
2 Definitions ........................................................................................ 1
3 Establishment of Trust ..................................................................... 2
4 Constitution of Trust ........................................................................ 2
5 Management and proceedings of Trust ........................................... 2
6 Common seal of Trust ..................................................................... 3
7 Property to vest in Trust .................................................................. 3
8 Vesting of other property in Trust .................................................... 4
9 Variation of Trust ............................................................................. 4
10 Rules relating to dealing with land ................................................... 5
11 Dealing with congregational property .............................................. 6
12 Power of Trust to deal with land ...................................................... 6
13 Trust may lease property ................................................................. 6
14 Trust may exchange, &c., land ........................................................ 6
15 Trust may mortgage land ................................................................. 7
16 Trust's power of sale........................................................................ 7
17 Trust may guarantee performance or indemnify loss....................... 8
18 Rights of minister of church ............................................................. 8
19 Exercise of certain powers by Deacon's Court or Committee of
Management.................................................................................... 8
20 Receipt to absolve from liability ....................................................... 9
21 Certain property to be transferred to Trust ...................................... 9
22 Power to deal with property where scheme of co-operation
entered into.................................................................................... 10
23 Rights of minister of co-operating congregations........................... 11
24 Constitution of Committee of Management where scheme of
co-operation is in force .................................................................. 11
25 Certain sections to apply to property held on behalf of
co-operating congregation ............................................................. 11
26 Registrar-General shall amend Register, &c. ................................ 12
27 Evidence of membership resolutions, &c., of the Trust.................. 12
28 Effect of Act on other Acts ............................................................. 13
29 Repeal ........................................................................................... 13
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 December 2000
PRESBYTERIAN CHURCH (NORTHERN TERRITORY) PROPERTY
TRUST ACT 1986
An Act to provide for the incorporation of the Presbyterian Church
(Northern Territory) Property Trust and for other related purposes
1 Short title
This Act may be cited as the Presbyterian Church (Northern
Territory) Property Trust Act 1986.
2 Definitions
In this Act, unless the contrary intention appears:
Church means the Presbyterian Church of Australia.
church trust property means property in the Territory that is for
the time being subject to a trust, whether by dedication,
consecration, trust instrument or otherwise, for, or for the use,
benefit or purposes of, the Church.
congregation means the congregation of a church of the
Presbyterian Church of Australia.
General Assembly means the General Assembly of the Church in
the State of New South Wales.
Presbyterian Church of Australia means the congregations of the
Presbyterian Church of Australia continuing to function after
22 June 1977.
scheme of co-operation means a scheme of co-operation entered
into in pursuance of section 22.
Trust means the Presbyterian Church (Northern Territory) Property
Trust established by section 3. and
trustees means the members of the Trust.
Presbyterian Church (Northern Territory) Property Trust Act 1986 2
3 Establishment of Trust
(1) There is established by this Act a trust by the name of the
Presbyterian Church (Northern Territory) Property Trust.
(2) The Trust:
(a) is a body corporate with perpetual succession;
(b) shall have a common seal;
(c) subject to this Act, has the power to acquire, hold and dispose
of or otherwise deal with real and personal property;
(d) may sue and be sued in its corporate name; and
(e) has, in addition to the powers expressly conferred on it by this
Act, such other powers as are necessary or convenient for the
performance of its functions under this Act.
4 Constitution of Trust
(1) Subject to subsection (3), the Trust shall consist of 4 persons of
whom 2 shall be Ministers, and 2 shall be Communicants or
Adherents, of the Church in the Northern Territory elected from time
to time by the General Assembly.
(2) A trustee elected under subsection (1) holds office for 3 years.
(3) Until such time as persons are elected under subsection (1), the
Trust shall consist of the persons who, for the time being, hold
office as the trustees of the Presbyterian Church (New South
Wales) Property Trust, being the body corporate of that name
established by the Presbyterian Church (New South Wales)
Property Trust Act, 1936 of the State of New South Wales, as
amended from time to time.
5 Management and proceedings of Trust
(1) There shall be a chairman of the Trust who shall be elected by the
trustees from among their number.
(2) The chairman shall hold office for a period of 12 months but is
eligible for re-election.
(3) The chairman shall preside at all meetings of the Trust at which he
is present.
Presbyterian Church (Northern Territory) Property Trust Act 1986 3
(4) In the absence of the chairman from a meeting of the Trust, the
trustees present shall elect one of their number to preside at the
meeting.
(5) At a meeting of the Trust 4 trustees shall constitute a quorum.
(6) The method of calling meetings of the Trust, the places at which
those meetings are held and the procedure to be followed at those
meetings shall be as determined from time to time by the trustees.
(7) The Trust shall meet not less than once in every 6 months and shall
keep or cause to be kept minutes of its proceedings and a record of
its resolutions.
(8) The minutes and the records of the Trust kept under subsection (7)
shall be made available for inspection when required by the official
auditor of the Church, being the person appointed to that office by
the General Assembly.
6 Common seal of Trust
(1) The trustees may determine the form of the common seal of the
Trust.
(2) The trustees shall have the custody of the common seal of the
Trust.
(3) The common seal of the Trust shall be affixed to such documents
or classes of documents as the trustees determine.
(4) The affixing of the common seal of the Trust shall be attested by
not less than 4 trustees.
(5) All courts, judges and persons acting judicially shall take notice of
the common seal of the Trust affixed to a document and shall
presume that it was duly affixed.
7 Property to vest in Trust
(1) Subject to this section, land in the Territory, together with rights,
easements and appurtenances relating to the land, and personal
property in the Territory, which is, on the commencement of this
Act, held or which, at any date after the commencement of this Act,
shall be held, by a person for or on behalf of the Church or which
belongs to the Church whether in possession, reversion, remainder
or expectancy whether for, or for the use of, or for the benefit of the
Church shall, without a conveyance or transfer, vest in the Trust on
and after the commencement of this Act.
Presbyterian Church (Northern Territory) Property Trust Act 1986 4
(2) Subsection (1) applies to and in relation to land or personal
property referred to in that subsection whether or not the land or
property is held on behalf of:
(a) or belongs to, a congregation or institution of the Church; or
(b) an activity, service or interest of the Church,
and whether or not the land or property is connected with a
congregation, institution, activity, service or interest of the Church.
(3) Land or personal property which vests in the Trust under this
section shall, subject to an express trust affecting the land or
property, be held and may be dealt with by the Trust in accordance
with this Act.
(4) Land or personal property which would otherwise vest in the Trust
under subsection (1) shall not vest under that subsection where the
land or personal property is subject to an encumbrance, charge or
mortgage, except with the consent of the encumbrancee, chargee
or mortgagee, until the encumbrance, charge or mortgage has been
discharged or until the Trust, with the consent of the
encumbrancee, chargee or mortgagee, has undertaken to be
responsible for the liabilities imposed by the encumbrance, charge
or mortgage.
8 Vesting of other property in Trust
(1) In addition to the land or personal property vested in the Trust by
section 7, the Trust may hold land or personal property in the
Territory on trust for any purpose, activity or institution of the
Church whether within or outside Australia, or in any way
connected with the Church.
(2) Land or personal property vested in the Trust by subsection (1)
shall be held, and may be dealt with, in accordance with this Act as
if the land or personal property is vested in the Trust under
section 7.
9 Variation of Trust
(1) Where, by reason of circumstances subsequent to the creation of a
trust to which church trust property is for the time being subject, it
has, in the opinion of the General Assembly acting at the request of
the Trust, become impossible or inexpedient to carry out or observe
the trust, the General Assembly may, by resolution, direct that the
property be held for, or for the use, benefit or purposes of the
Church subject to such other trust as the General Assembly
declares and the first-mentioned trust shall thereupon cease and
determine and the property shall be held subject to the trust so
Presbyterian Church (Northern Territory) Property Trust Act 1986 5
declared.
(2) The Trust shall not make a request under subsection (1) in relation
to church trust property held on behalf of a congregation without
first obtaining a report from the Presbytery of the Bounds.
(3) Subject to subsection (4), church trust property shall be applied for
the same congregation or, if not held on behalf of a congregation,
for the same purpose as nearly as may be as the purpose for which
it was held immediately before the General Assembly resolved
under subsection (1) that the trust subject to which the property was
held should cease and determine.
(4) The General Assembly may by resolution declare that, by reason of
circumstances subsequent to the creation of a trust to which church
trust property is held, it has, in the opinion of the General Assembly,
become impossible or inexpedient to deal with or apply the property
or some part of it for the use or benefit of the congregation or for
the same or like purpose, and, in such a case, the property or a part
of it may be dealt with and applied for such other purpose and in
relation to such other congregation or congregations as the General
Assembly by resolution declares.
(5) Where church trust property is held by the Trust for a purpose,
activity or institution conducted by or on behalf of the General
Assembly of the Presbyterian Church of Australia, the powers
conferred by subsection (4) on the General Assembly shall be
exercised by it not only at the request of the Trust but also at the
request of, and in accordance with any directions given by, the
General Assembly of the Presbyterian Church of Australia.
10 Rules relating to dealing with land
(1) Subject to section 11(3), the General Assembly may make rules in
relation to:
(a) the purchase or acquisition of freehold or leasehold property in
the Territory:
(i) as an investment for the funds of the Church;
(ii) for any use, activity, service or object of the Church; or
(iii) for the purposes of the Church generally; and
(b) the dealing with, management and control of property vested
in the Trust,
but, if such a rule is inconsistent with this Act or any other law of the
Territory, the rule shall to the extent of the inconsistency be void.
Presbyterian Church (Northern Territory) Property Trust Act 1986 6
(2) A failure on the part of the Trust or a person to comply with a rule
made by the General Assembly under this section shall not
invalidate a transaction in relation to which the rule applied.
11 Dealing with congregational property
(1) Property held on behalf of a congregation shall not be sold, leased,
mortgaged, surrendered or exchanged, and a claim in relation to
the compulsory acquisition or surrender of such property shall not
be determined, without the consent of the congregation.
(2) The consent of a congregation shall be deemed to have been given
for the purposes of subsection (1) if a majority of the members of
the congregation present and voting at a meeting of the
congregation, duly called for the purpose of considering and
deciding on the question, vote in favour of the particular matter.
(3) The General Assembly shall not make a rule under section 10
which in any way attempts to limit the rights of a congregation
under this section.
12 Power of Trust to deal with land
(1) Subject to this Act, all property vested in the Trust by this Act shall,
so far as the property is not subject to an express trust, be held and
dealt with by the Trust in such manner as the Trust thinks fit.
(2) The General Assembly may from time to time give directions or
instructions to the Trust in relation to a matter affecting property
held by it for the Church.
(3) A direction or instruction under subsection (2) may be given in
relation to the property of the Church generally or in relation to a
particular fund, institution, activity or service of the Church.
(4) The Trust shall comply with a direction or instruction given under
this section.
13 Trust may lease property
Subject to this Act, the Trust may grant a lease or sublease of land
or premises held by it for such periods, at such rents and subject to
such terms and conditions as it thinks fit.
14 Trust may exchange, &c., land
Subject to section 11, the Trust has full discretionary power to act in
relation to all cases of exchange, surrender, dedication and
compulsory acquisition of property vested in the Trust under this
Act including the power to make a claim for compensation, and to
Presbyterian Church (Northern Territory) Property Trust Act 1986 7
agree to and settle the terms and conditions of such a claim as it
thinks fit.
15 Trust may mortgage land
Subject to section 11:
(a) the Trust may from time to time mortgage to a person land
vested in the Trust by this Act for the purposes of securing the
repayment of such sum of money with or without interest, as
the Trust considers necessary for the purposes of the Church
generally or its funds, services, institutions or interests or for
the purposes of any congregation of the Church; and
(b) the Trust may guarantee advances, with or without security,
for any purpose set out in this section.
16 Trust's power of sale
(1) Subject to this Act, the Trust may, as it thinks fit, from time to time
sell property vested in it by this Act by public auction or private
contract at such price as can be reasonably obtained for the
property.
(2) Where property is sold by the Trust under subsection (1), the Trust
shall transfer or convey the property and it shall vest in the
transferee or purchaser, his heirs, executors, administrators and
assigns, according to the estate and interest of the Trust in the
property freed and discharged from all trusts.
(3) The Trust shall stand possessed of the net moneys obtained from a
mortgage given over property and the net moneys arising from the
sale, surrender or compulsory acquisition of property sold,
surrendered or compulsorily acquired after payment and
satisfaction of mortgage and other moneys chargeable against the
property.
(4) Subject to subsection (5) and to the consent of the General
Assembly, the Trust may apply the moneys in its possession in
accordance with that subsection for:
(a) the erection of buildings for the congregation to which the
property mortgaged, sold, surrendered or compulsorily
acquired belonged;
(b) the improvement, repair, enlargement or maintenance of a
church, minister's residence, school house or hall of the
congregation; or
Presbyterian Church (Northern Territory) Property Trust Act 1986 8
(c) the purchase of other property or the erection of buildings for
the congregation,
or may otherwise apply those moneys for the benefit of the
congregation in such manner as the General Assembly directs.
(5) Where subsection (4) is not applicable either because there is no
congregation to which the property belonged, or because the
property was held for the Church generally or for a fund, institution,
activity or service of the Church, the Trust shall apply the moneys in
accordance with the directions of the General Assembly.
17 Trust may guarantee performance or indemnify loss
The Trust may guarantee, or undertake to indemnify a person for
any loss arising out of, the performance of an obligation undertaken
by a person administering property used for any purpose, activity or
institution of the Church, and whether the property is solely used for
that purpose or activity or by that institution or not.
18 Rights of minister of church
(1) The minister duly appointed to a church:
(a) shall, at all times, have free access to the church of which he
is the officiating minister;
(b) may freely exercise his spiritual functions in the church without
interruption or disturbance; and
(c) may, while he continues to be the minister, freely use,
possess and enjoy the minister's dwelling house and the
appurtenances to the house.
(2) The exercise of the rights given under subsection (1) shall not
confer a right of possession or property on a minister after he has
ceased to be, or has been removed from the office of, the officiating
minister of the church regardless of the length of time for which he
exercised those rights.
19 Exercise of certain powers by Deacon's Court or Committee of
Management
(1) The Deacon's Court or Committee of Management of a
congregation shall hold all moneys collected on behalf of the
congregation and shall apply those moneys in such manner as the
General Assembly, by regulation or otherwise, directs.
Presbyterian Church (Northern Territory) Property Trust Act 1986 9
(2) The Deacon's Court or Committee of Management of a
congregation may from time to time, with the approval of the Trust,
exercise all or any of the functions of the Trust relating to the
management of the property of the congregation.
20 Receipt to absolve from liability
A receipt for moneys:
(a) raised on property mortgaged or sold by the Trust in
accordance with this Act;
(b) received as a result of the surrender or compulsory acquisition
of property vested in the Trust;
(c) paid to the Trust as the result of the exercise by it of any of the
powers conferred on it under this Act; or
(d) otherwise paid to the Trust in accordance with this Act,
being a receipt which:
(e) has affixed to it, in accordance with section 6, the seal of the
Trust;
(f) is signed by a majority of the trustees; or
(g) is signed by a person authorized by the Trust to receive those
moneys,
shall exonerate the mortgagee, purchaser or other person paying
the moneys from all liability for supervising the application of those
moneys or for the loss, misapplication or non-application of those
moneys and from inquiring into the propriety, necessity or regularity
of the mortgage, sale, lease or other dealing, and no mortgagee,
purchaser or other person paying the moneys shall be entitled or
concerned to inquire whether consent has been given or rules,
regulations or formalities made or imposed and, if any have been
made or imposed, have been observed and complied with.
21 Certain property to be transferred to Trust
(1) Where, by a will, deed or other instrument, property in the Territory
is:
(a) devised, bequeathed, given, granted, released, conveyed or
appointed or is declared or directed to be held for, or on trust
for, or for the benefit of, the Church, a congregation or a fund,
institution, activity or service of the Church;
Presbyterian Church (Northern Territory) Property Trust Act 1986 10
(b) recoverable by, or payable to, the Church, a congregation or a
fund, institution, activity or service of the Church;
(c) payable for religious, social, educational or charitable work of
the Church; or
(d) payable to an officer or official of the Church for the benefit of
the Church generally or of a fund, institution, activity or service
of the Church or of that of a congregation,
the will, deed or other instrument shall be construed and shall take
effect as if the Trust were named in it as legal owner.
(2) The Trust may call for and require the payment, transfer,
conveyance and delivery to it of property referred to in
subsection (1).
(3) Property paid, transferred, conveyed or delivered to the Trust in
accordance with subsection (2) shall be held and dealt with by and
be under the direction and control of the Trust subject only to the
trusts declared in relation to the property in the will, deed or other
instrument relating to the property.
(4) Where a person pays, transfers, conveys or delivers property to the
Trust in accordance with this section, an acknowledgement or
receipt which:
(a) has affixed to it, in accordance with section 6 the seal of the
Trust;
(b) is signed by a majority of the Trustees; or
(c) is signed by a person authorized by the Trust to receive the
property,
shall be sufficient discharge and complete exoneration to the
person who is liable to pay, transfer, convey or deliver the property.
22 Power to deal with property where scheme of co-operation
entered into
(1) Where, with the consent for the time being and from time to time
prescribed by the General Assembly, a congregation has, at a
meeting duly called in accordance with the requirements of the
General Assembly, resolved to enter into a scheme of co-operation
with, or involving, a church of another denomination or a
congregation or activity of such a church being a scheme that
involves the use of property vested in the Trust, the Trust may,
while that scheme of co-operation continues in force, permit the
property to be used, managed and administered in connection with
Presbyterian Church (Northern Territory) Property Trust Act 1986 11
the scheme in such manner and upon such conditions as the
General Assembly determines.
(2) The power of the General Assembly to determine conditions under
subsection (1) includes determining conditions in relation to the
making of contributions of money for the acquisition, construction,
alteration or repair of assets vested in or held on behalf of a
co-operating church or congregation on such terms as to charges
on other assets and property vested in the Trust, for such
contributions from other denominations and otherwise as may be
determined, and any such contributions by or on behalf of a
congregation of the Church or towards assets of or held on behalf
of such a congregation shall to the extent so determined at the time
of the contributions be so secured, subject however to all
mortgages and charges created in good faith for consideration and
registered or entitled to be registered at the date of cessation of the
scheme of co-operation.
(3) The proceeds of the sale, mortgage or other dealing with property
referred to in this section and all moneys collected or held in
respect of a scheme of co-operation may be applied in such
manner as the General Assembly determines.
23 Rights of minister of co-operating congregations
The minister or person in charge of the religious services of a
congregation which has entered into a scheme of co-operation may
be of a denomination other than Presbyterian and, if that minister is
of another denomination, he may, so long as he is in charge of the
religious services for and so long as the scheme of co-operation is
in force, exercise the rights conferred on a minister by section 18.
24 Constitution of Committee of Management where scheme of
co-operation is in force
Where a congregation has entered into a scheme of co-operation,
the Committee of Management of the congregation may include
members of a congregation which is a party to the scheme of
co-operation notwithstanding that the members may be of a
denomination other than Presbyterian.
25 Certain sections to apply to property held on behalf of
co-operating congregation
(1) Subject to subsection (2), sections 22, 23 and 24 apply to and in
relation to all property held on behalf of a congregation which has
entered into a scheme of co-operation except to the extent that the
property is held subject to an express trust expressly forbidding its
use or administration in a way referred to in those sections.
Presbyterian Church (Northern Territory) Property Trust Act 1986 12
(2) Subsection (1) shall not prevent the use of property in a way
referred to in section 22, 23 or 24 where the property is merely
directed to be held on trust for Presbyterian worship or purposes.
26 Registrar-General shall amend Register, &c.
(1) The Registrar-General shall, on receipt of an application by the
Trust, accompanied by:
(a) a certificate under subsection (2);
(b) the certificate as to title in respect of the land the subject of the
application; and
(c) such other instrument as the Registrar-General may require,
make the appropriate entry in the Register kept under the Land Title
Act 2000 and on the certificate as to title and carry out such other
acts as are necessary to give effect to section 7.
(2) For the purposes of this section, a certificate under the seal of the
Trust and signed by the chairman of the Trust on behalf of the Trust
is evidence that:
(a) land described in the certificate is; or
(b) a right stated in the certificate in relation to land in the
certificate has,
vested under section 7 in the trust.
(3) A document purporting to be a certificate referred to in
subsection (2) shall, unless the contrary is proved, be deemed to be
such a certificate.
27 Evidence of membership resolutions, &c., of the Trust
(1) A certificate under the hand of the person for the time being holding
the office or performing the duties of Clerk of the General Assembly
certifying that:
(a) the Trust consists of the persons specified in the certificate;
(b) on a day specified in the certificate, the Trust consisted of the
persons specified in the certificate;
(c) a declaration, determination, resolution or rule specified in the
certificate has been made or passed by the General
Assembly; or
Presbyterian Church (Northern Territory) Property Trust Act 1986 13
(d) the Church comprises the bodies set out in the certificate and
that those bodies carry out the duties set out in the certificate,
is evidence of the matters so certified.
(2) A document purporting to be a certificate referred to in section 27 or
purporting to be a receipt referred to in section 20 or 21 shall,
unless the contrary is proved, be deemed to be such a certificate or
receipt.
28 Effect of Act on other Acts
Nothing in this Act shall be taken to limit the operation of any other
law of the Territory and this Act shall be read subject to all other
laws of the Territory.
29 Repeal
The Private Act of 1899, The Presbyterian Church of South
Australia Act of the State of South Australia in its application to the
Territory as a law of the Territory, is repealed.
ENDNOTES
Presbyterian Church (Northern Territory) Property Trust Act 1986 14
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Presbyterian Church (Northern Territory) Property Trust Act 1986 (Act No. 3, 1986)
Assent date 18 April 1986
Commenced 18 April 1986
Statute Law Revision Act 1989 (Act No. 60, 1989)
Assent date 2 October 1989
Commenced 2 October 1989
Real Property (Consequential Amendments) Act 1991 (Act No. 33, 1991)
Assent date 25 June 1991
Commenced 1 October 1991 (Gaz S49, 1 October 1991)
Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)
Assent date 12 September 2000
Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,
2000) and Gaz G38, 27 September 2000, p 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 26.
4 LIST OF AMENDMENTS
s 2 amd No. 60, 1989, s 6
s 26 amd No. 33, 1991, s 7; No. 45, 2000, s 11