Australian Capital Territory
Roman Catholic Church Property
Trust Act 1937 No 2
Republication No 3
Republication date: 21 August 2002
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001
Authorised by the ACT Parliamentary Counsel
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About this republication
The republished law
This is a republication of the Roman Catholic Church Property Trust Act 1937 (including
any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in
force on 21 August 2002. It also includes any amendment, repeal or expiry affecting the
republished law to 12 September 2001.
The legislation history and amendment history of the republished law are set out in
endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see
the ACT legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been
made by an Act commencing on the republication date (see Legislation Act 2001, s 115
and s 117). The changes are made if the Parliamentary Counsel considers they are
desirable to bring the law into line, or more closely into line, with current legislative
drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an
uncommenced amendment, the symbol U appears immediately before the provision
heading. The text of the uncommenced provision or amendment appears only in the last
endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision
appears in the endnotes. For the legal status of modifications, see Legislation Act 2001,
section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication
date is—
(a) if the person charged is an individual—$100; or
(b) if the person charged is a corporation—$500.
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Amendments incorporated to
12 September 2001
Australian Capital Territory
Roman Catholic Church Property
Trust Act 1937
Contents
Page
1 Name of Act 2
2 Definitions for Act 2
2A Application of Legislation Act 3
3 Trustees for the diocese 3
4 Trustees to be a body corporate 3
5 Common seal and quorum 3
6 Vacancies and membership 4
6A Objects of trust 4
7 Vesting of church trust property 4
8 Powers of trust 5
8A Variation of trusts 6
8B Blending of trust funds 7
9 Execution of instruments 7
Contents
Page
contents 2 Roman Catholic Church Property Trust Act 1937 R3
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10 Protection of purchasers etc 8
11 Evidence 10
12 Trusts preserved 10
Endnotes
1 About the endnotes 11
2 Abbreviation key 11
3 Legislation history 12
4 Amendment history 13
5 Earlier republications 14
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Amendments incorporated to
12 September 2001
Australian Capital Territory
Roman Catholic Church Property
Trust Act 1937
An Act relating to property held upon any trust for or for the use, benefit or
purposes of the Roman Catholic Church in the Australian Capital Territory
Section 1
page 2 Roman Catholic Church Property Trust Act 1937 R3
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1 Name of Act
This Act is the Roman Catholic Church Property Trust Act
1937.
2 Definitions for Act
In this Act:
Note A definition applies except so far as the contrary intention appears
(see Legislation Act 2001, s 155).
Bishop means the person for the time being administering the
Archdiocese of Canberra and Goulburn whether as Archbishop,
Coadjutor Archbishop, Coadjutor Bishop, Auxiliary Bishop,
Vicar Capitular or Administrator.
Church means the Roman Catholic Church.
church trust property means land situated in the ACT, for the
time being subject to any trust created, before or after the
commencement of this Act, for the Church or for the use or
benefit or for any purpose of the Church, but does not include
land held on any trust, created, before or after the
commencement of this Act, for any order or community of the
Church or for any association of members of the Church for the
use or benefit of, or for any purpose of, any such order,
community or association.
diocesan consultors means the Diocesan Consultors for the
time being of the diocese.
diocese means the Archdiocese of Canberra and Goulburn.
land includes tenements and hereditaments, corporeal and
incorporeal, and every estate and interest therein whether vested
or contingent, freehold or leasehold, and whether at law or in
equity.
the trust means the body corporate created by section 4.
Section 2A
R3 Roman Catholic Church Property Trust Act 1937 page 3
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2A Application of Legislation Act
The Legislation Act 2001 does not apply to instruments made by
the trust.
3 Trustees for the diocese
There shall be trustees of church trust property, who shall be the
Bishop of the diocese and the diocesan consultors of the
diocese.
4 Trustees to be a body corporate
(1) The trustees of church trust property shall, under this Act, be a
body corporate, having perpetual succession and a common
seal, and be capable of acquiring, holding and disposing of any
property, real or personal, and of suing and be sued in its
corporate name, and of doing and suffering all such acts and
things as bodies corporate may by law do or suffer.
(2) The corporate name of the trustees of church trust property shall
be the trustees of the Roman Catholic Church for the
Archdiocese of Canberra and Goulburn.
5 Common seal and quorum
(1) The Bishop shall have the custody of the common seal of the
trust, and the form of such seal and all other matters relating to
it shall be from time to time determined at meetings of the trust.
(2) The Bishop and 2 other members of the trust shall constitute a
quorum for the purpose of any meeting of the trust.
(3) Every meeting of the trust at which a quorum is present shall be
competent to transact any business of the trust.
(4) The common seal of the trust shall not be attached to any
instrument except in pursuance of a resolution passed at a
meeting of the trust.
Section 6
page 4 Roman Catholic Church Property Trust Act 1937 R3
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(5) Every instrument to which the common seal is so attached shall
be signed by the Bishop.
6 Vacancies and membership
(1) Subject to this section, no capacity or power of the trust shall be
affected by the existence of vacancies in its membership.
(2) If for any reason a quorum of the trust cannot be constituted, all
powers exercisable by the trust and its capacity for doing any
act or thing shall be suspended, but shall, under this Act, revive
as soon as a quorum of the trust is capable of being constituted.
6A Objects of trust
The objects of the trust include—
(a) the operation of educational, welfare and health
organisations and bodies; and
(b) the advancement of the interests of the Church.
7 Vesting of church trust property
(1) All church trust property that at the commencement of this Act
is situated within the ACT shall under this Act—
(a) vest in the trust; and
(b) be divested from the person in whom it was vested before
the commencement of this Act.
(2) No vesting under this Act shall affect any encumbrance, lien,
estate or interest to which, at the time of the vesting, the
property so vested was subject in the hands of the person from
whom it was divested.
(3) The trust shall become, jointly with the person liable at the time
of the vesting, and, severally, liable under every contract,
engagement and cause of action, in relation to the property
vested, under which the person from whom the property was
divested was liable at the time of the vesting.
Section 8
R3 Roman Catholic Church Property Trust Act 1937 page 5
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(4) The trust shall be liable to indemnify the person from whom the
property was divested, his or her executors and administrators,
against every claim, action, suit and other proceeding that shall
be made or taken in relation to any such contract engagement or
cause of action.
(5) The person from whom the property was divested shall have a
charge or lien on the property divested to the extent to which
and in the circumstances in which the charge or lien would have
attached if the property had not been divested; but the charge or
lien, or possibility of it, shall, in favour of a person dealing for
value with the trust, be deemed to have been extinguished
unless the person entitled to it has, within 6 months after the
commencement of this Act, given written notice to the trust of
its existence or of the possibility of its arising.
(6) A statement under the common seal of the trust that no such
notice has been received within such period shall be conclusive
evidence of the fact so stated in favour of any person dealing for
value with the trust in relation to the divested property.
8 Powers of trust
The trust shall have power—
(a) to purchase, take on lease, or acquire by gift, devise,
bequest, exchange or otherwise any real or personal
property; and
(b) for any church trust property, at any time vested in it and
subject to the covenants and conditions under which the
property is held—
(i) to sell it, and to exchange it for other land, and to
transfer or convey church trust property so sold or
exchanged to the purchaser or person taking in
exchange, freed and discharged from all trusts
affecting the same in the hands of the trust; and
Section 8A
page 6 Roman Catholic Church Property Trust Act 1937 R3
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(ii) to demise or let it for the term at the rent and with or
without taking a premium, fine or foregift and subject
to the provisions that the trust considers appropriate;
and
(iii) to accept surrender of leases, on the terms and subject
to the conditions that the trust considers appropriate;
and
(iv) to raise money on the security of it on the terms and
conditions that the trust considers appropriate; and
(v) to declare trusts of it or any estate or interest in it
created by the trust for any order or community of the
Church, or for any association of members of the
Church, or for the use or benefit of or for any purpose
of any such order, community or association, and
either to keep the property in relation to which trusts
are declared, or to vest it, or any estate or interest
created, in other trustees on the trusts declared; and
(c) for any purpose mentioned in this section, to execute all
instruments that the trust considers proper.
8A Variation of trusts
(1) If the trust is satisfied that it has become impossible or
inexpedient to carry out the terms of a trust of property vested in
it, it may, by instrument, declare that it is so satisfied.
(2) The trust may, by the same instrument, declare that the property
is subject to another trust and, on the making of such a
declaration—
(a) the trust that is to be replaced ceases; and
(b) the property is to be held subject to the other trust.
(3) In making a declaration under subsection (2), the trust shall
ensure that the property is dealt with as nearly as is possible for
Section 8B
R3 Roman Catholic Church Property Trust Act 1937 page 7
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the purposes for which it was held immediately before the
declaration.
(4) If the trust is satisfied that it is impossible or inexpedient to deal
with the property in accordance with subsection (3) because of
circumstances arising after the creation of the trust to be
replaced, it may, by the instrument referred to in subsection
(1)—
(a) declare that it is so satisfied; and
(b) declare purposes for which the property may be held,
disposed of or otherwise dealt with or applied for the use
or benefit of the Church.
(5) On the execution of an instrument referred to in subsection (1)
that contains a declaration under subsection (4) (b), the trust
may hold, dispose of or otherwise deal with or apply the
property for the purposes specified in that declaration.
8B Blending of trust funds
(1) The trust may invest trust funds held by it for different purposes
or activities, or any part of those funds, as 1 fund (a blended
fund).
(2) Any income arising from the investment of a blended fund shall
be distributed rateably for the benefit of carrying out the several
purposes or activities for which the money invested is held in
trust.
(3) Any loss arising from the investment of a blended fund shall be
distributed rateably among the several purposes or activities for
which the money invested is held in trust.
9 Execution of instruments
Every instrument bearing what purports to be the common seal
of the trust and purporting to be signed by the Bishop shall, in
favour of every person claiming, for value and in good faith,
Section 10
page 8 Roman Catholic Church Property Trust Act 1937 R3
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under or through that instrument, be conclusively presumed to
have been duly executed by the trust.
10 Protection of purchasers etc
(1) A purchaser, mortgagee, lessee or other person dealing with the
trust, and the registrar-general, the chief solicitor or any other
person registering or certifying title shall not, on any sale,
exchange, mortgage, lease or other dealing purporting to be
made under a power given by this Act be concerned to see or
inquire into the necessity for or propriety of it, or the mode of
exercising it, or be affected by notice that the exercise of the
power is unauthorised, irregular or improper, and a receipt for
any money payable to the trust, signed by the Bishop, shall be a
sufficient discharge in favour of, and shall exonerate the person
paying the money from all responsibility for the application of
the money.
(2) If—
(a) an instrument purports to have been executed in the
exercise of a power given by this Act, and to pass or create
an estate or interest in land described in the instrument as
being church trust property; and
(b) the land which the instrument purports to pass or affect is
not, in fact, under the provisions of the Land Titles Act
1925, or the Real Property Act 1900 (NSW) in its
application to the Territory; and
(c) the instrument is executed by the trust in accordance with
the requirements of this Act; and
(d) the instrument is registered under the provisions of the
Registration of Deeds Act 1897 (NSW) in its application to
the Territory;
the instrument shall—
Section 10
R3 Roman Catholic Church Property Trust Act 1937 page 9
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(e) in favour of every person claiming any estate or interest
under or through the instrument, be conclusive evidence
against the trust that the land described in the instrument as
being church trust property was church trust property at the
time of the execution of the instrument, and that the trust
had, at the time of the execution of the instrument, an
estate or interest in the land so described sufficient to make
the instrument effective to pass or create the estate or
interest which the instrument purported to pass or create;
and
(f) in favour of every person claiming any estate or interest
under or through the instrument and having taken for
value, without notice that the land in which the instrument
purports to create an estate or interest was not church trust
property or that the trust had not an estate or interest
sufficient to make the instrument effective to pass or create
the estate or interest which the instrument purported to
pass or create, and in favour of every person claiming
under or through any person having so taken, as against
every person claiming under or through an instrument
executed before the commencement of this Act or under or
through an instrument executed by the trust, and not in
either such case registered under the Registration of Deeds
Act 1897 (NSW) in its application to the Territory, before
the registration under that Act of the instrument by this
subsection made evidence, be conclusive evidence that the
land described in the instrument so made evidence as being
church trust property situated in the ACT, was at the time
of the execution of that instrument so situated, and that at
the time of the execution of that instrument the trust had an
estate or interest in the land so described sufficient to make
that instrument effective to pass or create the estate or
interest which that instrument purported to pass or create.
(3) Any person, other than the trust, deprived of any estate or
interest in land by any such instrument as is mentioned in
Section 11
page 10 Roman Catholic Church Property Trust Act 1937 R3
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subsection (2) may bring and prosecute an action for damages
against the trust and any judgment recovered by the plaintiff in
any such action shall be enforceable by execution against any
real or personal property for the time being vested in the trust,
whether church trust property or not, and any real or personal
property taken by a purchaser on a sale in any such execution
shall be free of all trusts affecting the same while vested in the
execution debtor, except a trust created by the Crown, and the
proceeds of every such sale shall, in the hands of the sheriff and
of the execution creditor, be free of all trusts to which it would
be subject in the hands of the execution debtor.
11 Evidence
A certificate under the common seal of the trust that the land
described in the certificate is situated within the ACT and is
church trust property shall—
(a) for the purpose of any application by the trust to be
registered as the proprietor pursuant to a vesting by this
Act of any land under the provisions of the Land Titles Act
1925, or the Real Property Act 1900 (NSW) in its
application to the Territory of which the trust is not the
registered proprietor, be conclusive evidence; and
(b) in any action, suit or other proceeding, whether civil or
criminal, be prima facie evidence;
of the facts so certified.
12 Trusts preserved
(1) All church trust property for the time being vested in the trust
shall be held by it on the trusts (if any) expressly declared in
relation to it, and if no such trusts have been expressly declared,
on trust for the Church in the diocese.
(2) The powers given by section 8 shall be exercisable in relation to
all church trust property notwithstanding any trust or provision
affecting it in the hands of the trust.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and
the amendment history. Current modifications are not included in the
republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3
are annotated in the amendment history. Full details of any amendments can
be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation
history and the amendment history. These details are underlined.
Uncommenced provisions and amendments are not included in the
republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty
unit values appears on the republication inside front cover.
2 Abbreviation key
am = amended ord = ordinance
amdt = amendment orig = original
ch = chapter p = page
cl = clause par = paragraph
def = definition pres = present
dict = dictionary prev = previous
disallowed = disallowed by the Legislative (prev...) = previously
Assembly prov = provision
div = division pt = part
exp = expires/expired r = rule/subrule
Gaz = Gazette reg = regulation/subregulation
hdg = heading renum = renumbered
IA = Interpretation Act 1967 reloc = relocated
ins = inserted/added R[X] = Republication No
LA = Legislation Act 2001 s = section/subsection
LR = legislation register sch = schedule
LRA = Legislation (Republication) Act 1996 sdiv = subdivision
mod = modified / modification sub = substituted
No = number SL = Subordinate Law
num = numbered underlining = whole or part not commenced
o = order or to be expired
om = omitted/repealed
Endnotes
3 Legislation history
page 12 Roman Catholic Church Property Trust Act 1937 R3
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3 Legislation history
This Act was originally a Commonwealth ordinance—the Roman Catholic
Church Property Trust Ordinance 1937 No 2 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth),
s 34 (4) converted most former Commonwealth ordinances in force in the
ACT into ACT enactments. This allowed the ACT Legislative Assembly to
amend and repeal the laws. This Act was converted into an ACT enactment
on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989
A1989-21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),
s 12).
Legislation before becoming Territory enactment
Roman Catholic Church Property Trust Act 1937 A1937-2
notified 18 February 1937
commenced 18 February 1937
as amended by
Roman Catholic Church Property Trust Ordinance 1938
Ord1938-11
notified 17 March 1938
commenced 17 March 1938
Seat of Government (Designation) Ordinance 1938 Ord1938-25 s
2
notified 8 September 1938 (Cwlth Gaz 1938 No 53)
s 2 commenced 8 September 1938
Ordinances Revision Ordinance 1938 Ord1938-35
notified 15 December 1938
commenced 15 December 1938
Roman Catholic Church Property Trust Ordinance 1961
Ord1961-17
notified 20 July 1961
ss 3 and 4 taken to have commenced 11 February 1948 (s 2)
remainder commenced 20 July 1961
Endnotes
Amendment history 4
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Legislation after becoming Territory enactment
Registrar-General (Consequential Provisions) Act 1993 A1993-64
sch 1
notified 6 September 1993 (Gaz 1993 No S172)
s 1, s 2 commenced 6 September 1993 (s 2 (1))
sch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No
S207)
Land Titles (Consequential Amendments) Act 1995 A1995-54 sch
pt 1
notified 20 December 1995 (Gaz 1995 No S313)
commenced 20 June 1996 (s 2)
Roman Catholic Church Property Trust (Amendment) Act 1996
A1996-88
notified 20 December 1996 (Gaz 1996 No S328)
commenced 20 December 1996 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt
351
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 351 commenced 12 September 2001 (s 2 and see Gaz 2001 No
S65)
4 Amendment history
Title
title am Ord1938-25
Name of Act
s 1 hdg am R3 LA
s 1 am R3 LA
Definitions for Act
s 2 def Bishop sub Ord1961-17 s 3
def diocese sub Ord1961-17 s 3
Application of Legislation Act
s 2A ins A2001-44 amdt 1.3826
Trustees to be a body corporate
s 4 am Ord1961-17 s 4
Common seal and quorum
s 5 am A1996-88 s 4
Endnotes
5 Earlier republications
page 14 Roman Catholic Church Property Trust Act 1937 R3
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Objects of trust
s 6A ins A1996-88 s 5
Powers of trust
s 8 am Ord1938-11 s 2
Variation of trusts
s 8A ins A1996-88 s 6
Blending of trust funds
s 8B ins A1996-88 s 6
Execution of instruments
s 9 am A1996-88 s 7
Protection of purchasers etc
s 10 am A1993-64 sch 1; A1995-54 sch
Evidence
s 11 am Ord1938-35 sch 2; A1993-64 sch 1; A1995-54 sch
Validation of grants
s 13 om Ord1938-11 s 3
5 Earlier republications
Some earlier republications were not numbered. The number in column 1
refers to the publication order.
Since 12 September 2001 every authorised republication has been published
in electronic pdf format on the ACT legislation register. A selection of
authorised republications have also been published in printed format. These
republications are marked with an asterisk (*) in column 1. Except for the
footer, electronic and printed versions of an authorised republication are
identical.
Republication No Amendments to Republication date
1 Ord1961-17 31 August 1991
2 A1996-88 31 January 1998