Victorian Legislation and Parliamentary Documentsi
Version No. 002
Presbyterian Trusts Act 1890
Act No. 1175/1890
Version incorporating amendments as at 23 April 2002
TABLE OF PROVISIONS
Section Page
Short title 2
Definitions 2
General Assembly may pass resolution to form corporate body of
trustees 3
Certified copy of resolution to be delivered to Registrar-General 4
Corporate trustees to be constituted and may take and hold
property 4
Certain property to vest in corporate trustees immediately 5
Other church properties may be transferred to corporate trustees 6
Moderator may consent to transfer for certain trustees 6
Properties for which there are no trustees to vest in corporate
trustees 7
Registrar-General or Registrar of Titles to carry out transfers to
corporate trustees 8
Gifts to church before incorporation to have same effect
afterwards 8
Appointment of corporate trustees 8
Successor in office to become trustee in place of predecessor 9
Management of property vested in corporate body of trustees 9
14A. Power to Trust Corporation to invest moneys separately or in
Common Fund 10
14B. Allocation of income received on investments made from
Common Fund 12
14C. Trusts Corporation shall be responsible 14
Corporate body of trustees may convey to congregational trustees
for purpose of mortgaging 14
Trustees appointed hereunder to be trustees of property 15
Enrolment of Model Trust Deeds 15
Certain property to be held in trusts of Model Trust Deeds 15
Model Trust Deeds may be adopted in other cases 16
Conveyances transfers etc. by majority of trustees sufficient 17
"Register of Trustees" 18
Amendment of register 19
Legal estate to pass to new trustees without conveyance 20
Victorian Legislation and Parliamentary DocumentsSection Page
ii
24. Proof of entries in register and certificates 20
25. Rules 21
SCHEDULES 23
SCHEDULE 1—Certificates as to Trustees of Church Property 23
SCHEDULE 2—"The Presbyterian Register of Trustees" 24
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ENDNOTES 25
General Information 25
Table of Amendments 26
Explanatory Details 27
Victorian Legislation and Parliamentary Documents1
Version No. 002
Presbyterian Trusts Act 1890
Act No. 1175/1890
Version incorporating amendments as at 23 April 2002
An Act to provide for the creation of a Corporate Body of
Trustees in which Property belonging to "The Presbyterian
Church of Victoria" may be vested and for other purposes.
Preamble
WHEREAS by an Act passed in the twenty-second
year of Her present Majesty numbered LXXXII as
amended by Act No. CCCXXI, it was enacted that
all hereditaments estates and temporal privileges
and all equitable rights belonging to certain
Presbyterian bodies and the congregations thereof
should belong to "The Presbyterian Church of
Victoria" and the several congregations thereof
subject to the decisions and judicatories of the said
church only:
AND WHEREAS the General Assembly of the
said church has adopted Model Trust Deeds
(hereinafter called "The Model Trust Deeds of the
Presbyterian Church of Victoria") to the intent that
certain property belonging to the said church may
be held upon the trusts thereof:
AND WHEREAS the said Model Deeds were
deposited with the Registrar-General on the
eleventh day of March One thousand eight hundred
and seventy-nine and are numbered respectively
four thousand three hundred and seventy-nine and
four thousand three hundred and eighty:
AND WHEREAS the members of the said church
are desirous that a corporate body of trustees
should be created for the purpose of holding the
property of the said church, and that for the better
management thereof certain property of the said
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church should be vested in such corporate body,
and that the trusts upon which the property of the
said church is held should be assimilated so far as
possible to the trusts contained in the said Model
Deeds, and that the conveyance and transfer of
such property should be facilitated and rendered
less expensive:
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 shall be called and may for all purposes
be cited as the Presbyterian Trusts Act 1890.
Definitions
In this Act, unless inconsistent with the subject-
matter or context, the following words shall have
the meanings hereinafter respectively assigned to
them:
1"Church" means the Presbyterian Church of
Victoria continuing to function under the
name or style of the Presbyterian Church of
Victoria in accordance with clause 18 of
Part III of the Schedule to the Presbyterian
Church of Australia Act 1971;
"Common Fund" means the Common Fund
authorized to be established and kept in the
books of the Trusts Corporation pursuant to
sub-section (1) of section fourteen A;
"General Assembly" shall mean the General
Assembly of the Presbyterian Church of
Victoria, convened in accordance with the
rules practice and usages of the said church;
s. 1
S. 2 def. of
"Church"
substituted by
No. 9344
s. 3(1).
S. 2 def. of
"Common
Fund"
inserted by
No. 7310
s. 2(a).
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Presbyterian Trusts Act 1890
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"General Assembly's Trustees" shall mean the
persons who previously to the creation of the
corporate body of trustees hereinafter
mentioned have been appointed by the
General Assembly as trustees for the
property of the church;
"Moderator" shall mean the Moderator for the
time being of the General Assembly of the
Presbyterian Church of Victoria;
"property" shall mean land promised or reserved
by the Crown for any of the purposes of the
Presbyterian Church of Victoria or of any of
the bodies mentioned in the said Act
No. LXXXII, as amended by the Act
No. CCCXXI, and all property real and
personal including money or securities for
money held by or vested or purporting to be
vested in or claimable by any person or
persons either in trust generally for the said
Church or for any congregation thereof or for
any special purpose in connexion therewith
or for the benefit or use of the members
thereof as such or of any person or persons
holding for the time being office therein;
"Trusts Corporation" means the corporate body
of trustees constituted under this Act under
the name of the Presbyterian Church of
Victoria Trusts Corporation.
3. General Assembly may pass resolution to form
corporate body of trustees
The General Assembly may if it thinks fit pass a
resolution expressing its desire—
(a) that a corporate body of trustees be
constituted for the purpose of holding
property in trust for the church;
S. 2 def. of
"Trusts
Corporation"
inserted by
No. 7310
s. 2(b).
s. 3
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(b) that the persons nominated in the resolution
as trustees be the corporate body of trustees;
(c) that such trustees be incorporated under the
name specified in the resolution.
Nothing in this section shall affect any separate
trust, but such trust shall continue in force after
the trust estate shall have been transferred to or
vested in the corporate body of trustees under the
provisions hereinafter contained.
4. Certified copy of resolution to be delivered to
Registrar-General
As soon as may be after the passing of such
resolution the Moderator shall cause a copy
thereof duly certified under his hand to be
delivered to the Registrar-General, who shall
retain and register the same.
5. Corporate trustees to be constituted and may take
and hold property
Within one month of the registration of such
resolution the Registrar-General shall give notice
thereof by advertising the same at length in the
Government Gazette, and thereupon the trustees
named in such notice and their successors to be
appointed as hereinafter provided shall be a body
corporate by the name stated in such notice, and
shall have perpetual succession and a common
seal, and may sue and be sued, and may acquire
take and hold any property in trust for the church,
and may receive any moneys which have been or
shall be given or contributed by any person or
persons to be applied to any of the purposes of the
church, and may take over any securities for
money held by any person or persons on behalf
thereof, and may take in the name of such
corporate body any securities for money
belonging to the church which shall be lent or
s. 4
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advanced on account thereof, and shall deal with
all such property and securities so as to give effect
to the trusts to which they shall be specially
subject or when not subject to any express trust in
such manner as this Act hereinafter provides or
the General Assembly may from time to time
direct, but so as not to interfere with the
jurisdiction of the Supreme Court in the
enforcement of trusts.
6. Certain property to vest in corporate trustees
immediately
Immediately upon the incorporation of the
corporate body of trustees, all property held by
any person or persons for or on behalf of the
church generally other than property which at the
passing of this Act is held on behalf of or
occupied or used by or for the purposes of any
existing congregation of the church or of the
minister thereof and all property held and all
securities taken for money advanced by the
General Assembly's trustees for and on behalf of
the church, and all property situated in any place
in which no congregation being or forming part of
a settled charge recognised as such by the General
Assembly exists at the time of such incorporation,
shall without any further conveyance or transfer
vest in the corporate body of trustees, and the
Registrar-General or the Registrar of Titles (as the
case may be) shall make the proper transfer
thereof in his register. Provided that if any such
property is subject to any mortgage charge or
encumbrance it shall not vest in the corporate
body of trustees until the mortgage charge or
encumbrance has been discharged or the corporate
body of trustees by memorandum in writing
undertakes to answer any liability in respect of
such mortgage charge or encumbrance. Provided
also that the properties known as Ormond College
s. 6
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the Scotch College and the Presbyterian Ladies'
College shall not vest in the corporate body of
trustees until the General Assembly by a special
vote in that behalf shall so direct.
7. Other church properties may be transferred to
corporate trustees
From and after the registration of such resolution,
where any persons hold any property in trust for
or on behalf of the church, and in case such
property is held on behalf of or occupied or used
by or for the purposes of any congregation of the
church with the consent of the majority of the
members and adherents of such congregation
present in person or by proxy at a meeting duly
convened for that purpose, and with the approval
of the General Assembly the trustees or a majority
of them may if they think fit consent to a transfer
of the property to the corporate body of trustees
upon the trusts to which the same is subject, and
such transfer when completed and accepted by the
corporate body shall from and after the date
thereof operate as a discharge of all the trustees
from the duties of the trust.
8. Moderator may consent to transfer for certain
trustees
In the circumstances mentioned in the last
preceding section, if by reason of death absence
from Victoria for six months in succession or any
other disability the consent of any trustee to the
transfer as aforesaid cannot be obtained, the
Moderator may by writing under his hand consent
to such transfer in place of any such trustee; and if
such consent be published in the Government
Gazette and in some newspaper circulating in the
place where the property to which the consent
refers is situate, and if within a month from the
last publication of such advertisements no
s. 7
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proceedings be taken therein by the person in
whose name such consent is given, such consent
shall upon the expiration of such month be as
effective for the purpose of this Act as a consent
given by the person in whose place the consent is
declared to have been given.
9. Properties for which there are no trustees to vest in
corporate trustees
If in any case the person or all the persons in
whom any property is vested die or be absent from
Victoria for six months in succession or cannot be
found or resign or be removed from office or
become otherwise incapable of holding such
property, of which incapacity the General
Assembly shall be the sole and final judge, and if
those who are lawfully authorized to elect or
appoint a successor or successors to such person
or persons refuse or neglect to do so for the space
of one month after being called upon by the
Moderator to make such election or appointment,
or if there be no person lawfully authorized to
elect or appoint such successor or successors, then
forthwith the Moderator may by certificate in
writing under his hand in the form and to the
effect in Part I of the First Schedule to this Act
declare that there are no trustees of such property
and thereupon such property shall vest in the
corporate body of trustees, and the certificate shall
have the same effect as if the trustee or trustees
who had died or left Victoria or could not be
found or had resigned or had been removed from
office or become otherwise incapable of holding
such property had duly executed a conveyance or
transfer of the property in the same manner and
for the same estate.
s. 9
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10. Registrar-General or Registrar of Titles to carry out
transfers to corporate trustees
Upon obtaining the written consent of the majority
of the trustees of any property held by them on
behalf of the church (either under their own hands
or that of the Moderator as hereinbefore
mentioned) to the transfer to the corporate body of
trustees of such property, or upon receiving the
certificate of the Moderator that there are no
trustees of any property as in the last preceding
section mentioned and upon receiving the
acceptance by the corporate body of trustees of
the transfer to it of such property, the Registrar-
General or the Registrar of Titles (as the case may
be) shall make the proper transfer thereof in his
register, and thereupon without further
conveyance or transfer the whole estate and
interest of the trustees of such property shall vest
in such corporate body.
11. Gifts to church before incorporation to have same
effect afterwards
After the incorporation of the corporate body of
trustees every donation gift and disposition of
property real or personal theretofore lawfully
made (but not having actually taken effect) or
thereafter lawfully made by deed will or otherwise
to or in favour of such church generally or the
General Assembly's trustees or any person for or
on behalf of the church generally shall take effect
as if the same had been made to or in favour of the
corporate body of trustees.
12. Appointment of corporate trustees
The corporate body of trustees appointed for the
purposes of this Act and their successors shall be
appointed in such manner and shall hold their
office for such term and upon such conditions, and
vacancies in such offices shall be filled in such
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manner, as the General Assembly shall by any
rule or regulation from time to time prescribe.
13. Successor in office to become trustee in place of
predecessor
When any person who has been appointed a
trustee by virtue of his office whether clerical or
lay ceases to hold such office his successor thereto
shall, upon the certificate in writing of the
Moderator of the vacating of the office by the last
holder thereof and of the appointment of the
person named therein as his successor and of his
acceptance of the office, become a trustee under
his official designation in the stead of the person
last registered under such designation.
14. Management of property vested in corporate body
of trustees
All property becoming vested in the corporate
body of trustees as hereinbefore mentioned or
which shall in any manner be acquired by such
corporate body shall, so far as the same is
subjected to any express trust, be held managed
and dealt with by such corporate body in
conformity with such expressed trust and shall so
far as the same is not subject to any express trust
be held managed and dealt with in such manner as
the General Assembly may from time to time
direct, and such property shall be subject as to the
management thereof to the rules or regulations of
the General Assembly in force for the time being
which are applicable thereto. All property which
at the passing of this Act is managed and
administered under the Act 8 William IV cap. 7
shall for the purposes of this section be deemed to
be held upon an express trust.
s. 13
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14A. Power to Trust Corporation to invest moneys
separately or in Common Fund
(1) The Trusts Corporation may in its discretion
invest any moneys in its hands whether or not they
are subject to any express trust either—
(a) on the separate account of any trust; or
(b) (if the moneys are not directed to be invested
in some other specified manner and
investment in a Common Fund is not
specifically prohibited by the terms of the
trust governing the said moneys) as part of a
"Common Fund" established and kept in the
books of the Trusts Corporation.
(2) The Trusts Corporation shall have power to invest
moneys (whether forming part of the Common
Fund or not)—
(a) in any manner in which trust moneys may be
invested by a trustee under the Trustee Act
1958 or any other Act;
(b) on deposit with any bank or State savings
bank carrying on business in the
Commonwealth of Australia;
(c) in the purchase or acquisition or
improvement of freehold or leasehold land
within the Commonwealth of Australia; or
(d) subject to such terms provisions and
conditions as are prescribed by or under any
general or special order of the Supreme
Court or a Judge thereof, in any manner
authorized by any such order.
(3) Investments made from moneys forming part of
the Common Fund shall not be made on account
of or belong to any particular trust, but the Trusts
Corporation shall cause to be kept in the books of
the Trusts Corporation an account showing at all
S. 14A
inserted by
No. 7310 s. 3.
s. 14A
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times the current amount at credit in the Common
Fund on account of each trust.
(4) (a) The Trusts Corporation may in its discretion
make advances from the Common Fund for
any purpose of or relating to the Church.
(b) Any sum so advanced shall be deemed an
investment of moneys forming part of the
Common Fund and shall bear interest at a
rate fixed by the Trusts Corporation and the
sum advanced and the interest thereon shall
be deemed to be a charge on the assets of the
Church.
(5) The Trusts Corporation may sell investments
belonging to the Common Fund and may
withdraw any of the moneys belonging to the
Common Fund for any purpose of or relating to
the exercise and discharge of its powers
authorities duties and functions under this or any
other Act or under any trust.
(6) The Trusts Corporation may in its discretion at
any time withdrawn from the Common Fund any
amount at credit in the Common Fund on the
account of any trust and may invest such amount
on the separate account of that trust.
(7) Amounts so withdrawn from the Common Fund
shall as from the date of such withdrawal cease to
have any claim for interest or otherwise from the
Common Fund.
(8) No capital appreciation or depreciation in the
value of any investments made from the Common
Fund shall be deemed or taken to increase or
diminish the amount at credit in the Common
Fund on the account of any particular trust, and on
the withdrawal from the Common Fund of any
amount invested therein the trust in question shall
be entitled to be credited with the actual amount
s. 14A
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which was so invested without regard to any such
appreciation or depreciation.
14B. Allocation of income received on investments made
from Common Fund
(1) Income received from the investment of the
moneys forming part of the Common Fund shall
be part of that Fund and shall be credited to an
account to be called the "Income Suspense
Account" and shall be allocated therefrom as
hereinafter provided.
(2) On each amount at credit in the Common Fund
interest at the appropriate rate fixed from time to
time by the Trusts Corporation shall at all such
times and intervals as the Trusts Corporation
determines be allocated and transferred from the
Income Suspense Account to the credit of each
other trust or account entitled for the time being to
the interest on the said amount; and the Trust
Corporation may fix different rates of interest
according to the source and nature of the different
amounts invested in the Common Fund, the
periods for which they are so invested and such
other factors as the Trusts Corporation considers
relevant.
(3) No trust or account shall be entitled in respect of
any amount at credit in the Common Fund to any
further or other interest than the interest allocated
and paid as provided in the last preceding sub-
section.
(4) At such time or times in each year as the Trusts
Corporation determines such amount of the
moneys at credit in the Income Suspense Account
as the Trusts Corporation deems necessary shall,
after providing for all interest to be carried to the
credit of each trust and account as aforesaid, be
carried to the credit of an account to be called the
"Common Fund Reserve Account".
S. 14B
inserted by
No. 7310 s. 3.
s. 14B
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(5) All capital profit made upon the realization of
investments from the Common Fund shall also be
carried to the credit of the Common Fund Reserve
Account and all capital losses incurred upon such
realization carried to the debit of that account.
(6) Moneys standing to the credit of the Common
Fund Reserve Account may be withdrawn and
applied for all or any of the following purposes—
(a) payment of any costs and expenses incurred
in protecting investments made from the
Common Fund;
(b) payment of such other costs expenses and
charges incurred in respect of the Common
Fund or investments made therefrom as in
the opinion of the Trusts Corporation are
properly chargeable against the Common
Fund Reserve Account;
(c) payment of any legal costs expenses and
charges not ordered by the court to be
charged against a particular trust and not
otherwise properly chargeable against a
particular trust;
(d) payment of any legal costs expenses and
charges not ordered by the court to be
charged against a particular trust but
otherwise properly chargeable against a
particular trust where the funds in the
particular trust are insufficient to meet such
costs expenses and charges; and
(e) payment of any costs expenses and charges
incurred by the Trusts Corporation in
obtaining legal advice or in legal
proceedings to which the Trusts Corporation
is or is made a party where such costs
expenses and charges are such that, by
reason of the general importance of the
s. 14B
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subject-matter of the advice or proceedings,
they should not, in the opinion of the Trusts
Corporation, be charged against a particular
trust.
14C. Trusts Corporation shall be responsible
The Trusts Corporation shall be responsible for
investing and keeping invested the Common
Fund.
15. Corporate body of trustees may convey to
congregational trustees for purpose of mortgaging
When any property is held in trust for or on behalf
of any congregation of the church by the corporate
body of trustees, and in case it is desired to
mortgage charge or otherwise encumber such
property, the corporate body of trustees shall on a
resolution being passed by the General Assembly
to that effect convey and transfer such property to
such trustees in this section called the
congregational trustees as shall be nominated by
the congregation and appointed by the presbytery
to which such congregation belongs in accordance
with the rules and regulations of the church, the
congregational trustees shall upon such
conveyance or transfer hold such property for the
purpose of effecting or executing a mortgage
charge or other encumbrance thereon and not
otherwise, and may effect and execute such
mortgage charge or other encumbrance
accordingly, but upon the payment or other
discharge of the moneys secured thereon the
property shall without any further conveyance or
transfer re-vest in the corporate body of trustees,
and shall be held for all purposes as if such
property had not been conveyed or transferred to
the congregational trustees.
S. 14C
inserted by
No. 7310 s. 3.
s. 14C
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16. Trustees appointed hereunder to be trustees of
property
When after the passing of this Act any land which
has been granted promised or reserved by the
Crown for any of the purposes of the church shall
be brought under the provisions of the Act
No. CCCXCI the corporate body of trustees
appointed under the provisions of this Act may be
the trustees of such land.
17. Enrolment of Model Trust Deeds
The Registrar-General shall enrol in the office of
the said Registrar-General "The Model Trust
Deeds of the Presbyterian Church of Victoria"
(hereinbefore referred to) when such deeds are
presented or tendered to him for that purpose by
or on behalf of the Moderator.
18. Certain property to be held in trusts of Model Trust
Deeds
Subject and without prejudice to any mortgage
charge encumbrance lien or lease affecting the
same, all property except the properties known as
Ormond College the Scotch College and the
Presbyterian Ladies' College which is now held or
which may hereafter be acquired by any person or
persons for the use or benefit of the church
without any formal declaration of trust shall be
held upon the trusts and subject to the provisions
of "The Model Trust Deeds of the Presbyterian
Church of Victoria" or either of them so far as the
same may be applicable or any future alteration
modification or variation thereof duly authorized
by the General Assembly, which alteration
modification or variation the General Assembly is
hereby empowered from time to time to make.
s. 16
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Provided that nothing in this section shall
empower the General Assembly to make any
alteration modification or variation which shall be
inconsistent with the provisions of the said Act
passed in the twenty-second year of Her present
Majesty numbered LXXXII.
19. Model Trust Deeds may be adopted in other cases
Where any property other than the properties
known as Ormond College the Scotch College and
the Presbyterian Ladies' College is held upon any
trust or trusts other than those contained in "The
Model Trust Deeds of the Presbyterian Church of
Victoria" or either of them, if such property is
held on behalf of or occupied or used by or for the
purposes of any congregation or the minister
thereof, it shall be lawful for such congregation by
a vote of the majority of the members and
adherents thereof present in person or by proxy at
a meeting duly convened for that purpose and
with the approval of the General Assembly and of
the trustees or a majority of them and of the
person lawfully appointed as the ordained minister
of such congregation, and if such property is held
for or on behalf of the church generally and is not
held on behalf of or occupied or used by or for the
purposes of any congregation or the minister
thereof it shall be lawful for the General
Assembly to resolve that such property shall from
and after the passing of such resolution be held
upon the trusts of the said Model Trust Deeds or
one of them and thereupon the trusts upon which
such property was held previously to the passing
of such resolution shall absolutely cease and
determine, and such property shall thenceforth,
but subject and without prejudice to any mortgage
charge encumbrance lien or lease affecting the
same, be held by the trustee or trustees thereof
upon the trusts of the said Model Trust Deeds or
s. 19
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one of them or any future alteration modification
or variation thereof duly authorized by the
General Assembly.
20. Conveyances transfers etc. by majority of trustees
sufficient
When any sale mortgage exchange or lease of any
church land (whether held upon the trusts of "The
Model Trust Deeds of the Presbyterian Church of
Victoria" or either of them or otherwise) is made
in pursuance of and in conformity with such trusts
or the trusts upon which the same is held—
(1) the transfer conveyance mortgage exchange
or lease shall be made with the consent in
writing of the Moderator and shall have no
force or effect without such consent:
Provided that this sub-section shall not apply
to any mortgage or lease of any church land
which the trustees thereof by virtue of the
Act or deed under which the same is held
have at the time of the passing of this Act
power to mortgage or lease without the
consent of the General Assembly, but such
trustees shall nevertheless give notice in
writing to the Moderator of any such
mortgage or lease prior to the execution
thereof;
(2) the transfer mortgage exchange or lease of
such land if under the operation of the
Transfer of Land Act 1890 shall be as
effectual, if signed by a majority of the
trustees for the time being of such land
named in the "Register of Trustees"
(hereinafter mentioned) as if such transfer
mortgage exchange or lease had been duly
signed by all the trustees so named; and
s. 20
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(3) in case such land shall not be under the
operation of the said Act, the conveyance
mortgage exchange or lease thereof, if
executed by a majority of the trustees for the
time being thereof named in such "Register
of Trustees," shall be deemed to pass the
legal estate therein as fully and effectually as
if all the trustees in whom the legal estate
was vested had joined in executed or made
such conveyance mortgage exchange or
lease.
Provided that any trustee absent from
Victoria may join in any contract for sale
mortgage exchange or lease and may execute
any such conveyance transfer mortgage
exchange or lease as aforesaid by his
attorney duly appointed by him in that
behalf.
21. "Register of Trustees"
(1) The Moderator shall keep or cause to be kept a
"Register of Trustees" of all property other than
property vested in the corporate body of trustees
hereinbefore mentioned;
(2) such register shall be called and inscribed as
"The Presbyterian Register of Trustees," and shall
be in the form and to the effect in the Second
Schedule hereto;
(3) the Moderator shall with all reasonable despatch
enter or cause to be entered in such "Register of
Trustees" the names and additions of the present
trustees of such property with all other particulars
indicated in the Second Schedule hereto;
(4) the Moderator shall from time to time, upon the
due appointment of any new trustee or trustees of
any church property, insert or cause to be inserted
in such "Register of Trustees" the name and
s. 21
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Presbyterian Trusts Act 1890
19
addition of such new trustee or trustees, together
with the date of the insertion of his or their name
or names in such "Register of Trustees," and how
the vacancy in the trust occurred whether by death
or otherwise;
(5) the Moderator shall sign his name in such
"Register of Trustees" in the proper column in the
same line with the name of every trustee, whether
he be an old or a new trustee, to authenticate the
due appointment of such trustee;
(6) the Moderator may at any time or times issue a
certificate, in the form or to the effect in Part II of
the First Schedule hereto, under his hand stating
who is or are the trustee or trustees of any
particular property specified therein at the date of
such certificate, and who was or were such trustee
or trustees at any particular date specified in such
certificate; and
(7) such "Register of Trustees" shall on all reasonable
occasions be open to the inspection of the
members of the said church and all others
interested therein.
22. Amendment of register
The Moderator may at any time amend the
"Register of Trustees" by rectifying any error or
supplying any omission therein, and shall attest
such amendment by writing his initials in the
margin together with the date of his so writing,
but shall not erase or render illegible the part so
amended, and the register so amended shall have
all the validity and operation by this Act conferred
upon the "Register of Trustees."
s. 22
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Presbyterian Trusts Act 1890
20
23. Legal estate to pass to new trustees without
conveyance
Upon the insertion and authentication as aforesaid
in the "Register of Trustees" of the name or names
of any new trustee or trustees of any property not
under the operation of the Transfer of Land Act
1890, such property shall forthwith vest in such
new trustee or trustees solely or jointly (as the
case may be) with the continuing trustee or
trustees (if any) for all the estate or interest of the
former trustee or trustees therein, and upon and
subject to the same trusts without any conveyance
or assignment whatsoever and upon the insertion
and authentication as aforesaid in the said
"Register of Trustees" of the name or names of
any new trustee or trustees of property under the
operation of the said Act such new trustee or
trustees for the time being thereof and the trustee
or trustees for the time being appearing by the
"Register of Trustees" to be the trustee or trustees
of any property under the Transfer of Land Act
1958 shall be entitled to be registered at the Office
of Titles as the proprietor or proprietors thereof
within the meaning of the said Act without any
formal transfer, and to have any necessary
recordings made in the Register, but subject to any
then subsisting encumbrance appearing in the
Register affecting the same.
24. Proof of entries in register and certificates
The entries in the "Register of Trustees"
authorized by section twenty-one of this Act to be
made therein when authenticated by the signature
of the Moderator, and any certificate duly signed
by the Moderator under the provisions hereof shall
respectively be received in evidence in all legal
proceedings and in all proceedings before the
Commissioner of Titles or Registrar of Titles and
on all occasions whatsoever as prima facie
S. 23
amended by
No. 18/1989
s. 13(Sch. 2
item 67) (as
amended by
No. 11/2002
s. 3(Sch. 1
item 60).
s. 23
Victorian Legislation and Parliamentary DocumentsAct No. 1175/1890
Presbyterian Trusts Act 1890
21
evidence of all matters containing or recited in
such entries when the "Register of Trustees" is
produced and of all matters contained or recited in
such certificate whenever such certificate is
produced.
25. Rules
(1) The General Assembly may, in accordance with
the rules practice and usages for the time being
recognised by the church, from time to time make
rules—
(a) for the appointment and removal of members
of the corporate body of trustees and filling
up vacancies occurring in the trusteeship;
(b) for the custody of the seal of the corporate
body of trustees, and the affixing the same to
any document, and for verifying the affixing
thereof; and
(c) for the appointment and removal of the
trustees and filling up of vacancies occurring
in the trusteeship of any property not vested
in the corporate body of trustees and not held
under any Act of Parliament or deed
containing any specific provision for the
appointment and removal of trustees; and
(d) for carrying into effect the provisions of this
Act—
and may from time to time alter or vary the same.
(2) A copy of every such rule and of any alteration or
variation thereof certified by the Moderator shall
be deposited with the Registrar-General, and
advertised in the Government Gazette.
s. 25
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Presbyterian Trusts Act 1890
22
(3) A duly certified copy of any such rule alteration or
variation so deposited and advertised shall be
prima facie evidence of the same having been
duly made.
s. 25
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Presbyterian Trusts Act 1890
23
SCHEDULES
FIRST SCHEDULE
CERTIFICATES AS TO TRUSTEES OF CHURCH PROPERTY
PART I
I hereby certify that there are no trustees of [here specify particular church
property].
Dated this day of 189
Moderator.
PART II
I hereby certify that [here insert names and addresses of the trustees for the
time being or for the time specified (as the case may be) as shown by the
Register of Trustees] are (or were on the day of 18 )
the trustees of [here specify the particular church property].
Dated this day of 189
Moderator.
Sections 9, 21.
Sch. 1
Victorian Legislation and Parliamentary DocumentsAct No. 1175/1890
Presbyterian Trusts Act 1890
24
SECOND SCHEDULE
"THE PRESBYTERIAN REGISTER OF TRUSTEES"
Folio 1 [words of description such as "Scots' Church, Collins-street,
Melbourne"] "comprised in conveyance registered the day
of 189 No. of Memorial [insert]
Book " [insert]. If under the "Transfer of Land Act 1890"
[insert] "comprised in Certificate of Title entered in Register Book,
Vol. [insert]. Fol. [insert] ." [If Crown reservation or other title,
concisely specify.]
NUMBER OF TRUSTEES [state number]
Name of
Trustee
Addition of
Trustee
Date of
Appointment
of new
Trustee
Date of
Insertion of
name of new
Trustee
herein
How
Vacancy
occurred in
Trust, such
as death or
the like
Date of
ceasing
to be a
Trustee
and
cause
Signature
of
Moderator
A.B. Bourke-st.
west,
Melbourne,
merchant.
C.D. Similar.
E.F. ,,
G.H. ,,
I.J. ,,
K.L. ,,
M.N. ,,
O.P. ,, 2 Dec., 1890. 1 Jan., 1891. By death
of A.B., a
former
Trustee.
═══════════════
Section 21.
Sch. 2
General Information
The Presbyterian Trusts Act 1890 was assented to on 6 October 1890 and
came into operation on 6 October 1890.
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 1175/1890
Presbyterian Trusts Act 1890
26
2. Table of Amendments
This Version incorporates amendments made to the Presbyterian Trusts Act
1890 by Acts and subordinate instruments2.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Presbyterian Trusts (Common Fund) Act 1965, No. 7310/1965
Assent Date: 23.11.65
Commencement Date: 23.11.65
Current State: All of Act in operation
Presbyterian Trusts Act 1979, No. 9344/1979
Assent Date: 20.12.79
Commencement Date: 22.6.77: s. 1(3)
Current State: All of Act in operation
Transfer of Land (Computer Register) Act 1989, No. 18/1989 (as amended by
No. 11/2002)
Assent Date: 16.5.89
Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488
Current State: All of Act in operation
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
Victorian Legislation and Parliamentary DocumentsAct No. 1175/1890
Presbyterian Trusts Act 1890
27
3. Explanatory Details(2)
1 S. 2 def. of "Church": Section 3(2) of the Presbyterian Trusts Act 1979,
No. 9344/1979 reads as follows:
(2) As on and from 22 June 1977 the Principal Act
shall be read and construed and have effect,
subject to the Uniting Church in Australia Act
1977 and the Presbyterian Church of Australia
Act 1971, as if any reference to church or to the
Presbyterian Church of Victoria however
described in the model trust deeds of the
Presbyterian Church of Victoria or in any other
instrument or document made before 22 June
1977 were a reference to the Presbyterian Church
of Victoria continuing to function under that name
or style in accordance with clause 18 of the
Schedule to the Presbyterian Church of
Australia Act 1971.
2 Table of Amendments: The amendments proposed by section 5(1) of the
Presbyterian Church of Australia Act 1971, No. 8102/1971 were never
proclaimed. Section 5 was subsequently repealed by section 2 of the Statute
Law Revision (Repeals) Act 1982, No. 9863/1982.
Endnotes