Salvation Army Property Trust Act 1934 (ACT)

This Act vests and reorganises legal title to property used by The Salvation Army in the Australian Capital Territory, conferring express corporate trustee powers, vesting rights and choses in action, and creating simple evidentiary protections for third parties dealing with the trustees. Mechanically, the principal operative effects are:

Automatic vesting: All real and personal property in the Territory that at the time of William Bramwell Booth’s death stood in his name on the trusts declared by the historical Deeds Poll, and other Salvation Army property in the Territory that at the commencement of the Act stood in his name or in the name of other persons in trust for The Salvation Army, vests without conveyance or transfer in The Salvation Army (New South Wales) Property Trust, hereinafter the Trustees (s 3). The vesting expressly preserves existing special trusts, reservations, mortgages, charges, encumbrances, liens and leases (s 3).
Authority and powers: The Trustees take, and may exercise, the powers that the General or the Director of the Social Work held under the historic Deeds Polls as to the property vested in them (s 4). The Act gives the Trustees clear statutory powers to mortgage (s 6), to sell (s 7), and to receive and disburse funds (s 8). Sales and mortgages by the Trustees vest title in purchasers or mortgagees free from the expressed trusts to the extent described (s 7).
Trust treatment and application rules: Property vested in the Trustees is to be held and dealt with in accordance with the Deeds Poll where the property is not subject to any express trust (s 5). Money raised on land held for the Social Work is required to be used for the Social Work (s 6 proviso; s 9). Receipts in writing of a majority of Trustees or of authorised persons will exonerate payers from liability to see to application of funds (s 8; s 12(2)).

Australian Capital Territory Salvation Army Property Trust Act 1934 A1934-11 Republication No 3 Effective: 1 March 2012 Republication date: 1 March 2012 Last amendment made by A2011-48 Authorised by the ACT Parliamentary Counsel

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Salvation Army Property Trust Act 1934 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March 2012. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 March 2012. 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 does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. 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 the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

R3 01/03/12 Salvation Army Property Trust Act 1934 Effective: 01/03/12 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Salvation Army Property Trust Act 1934 Contents Page Preamble 2 1 Name of Act 9 2 Definitions for Act 9 3 Vesting of property in Trustees 9 4 Powers of Trustees 10 5 Trust property—how held 11 6 Power to mortgage 11 7 Power to sell 11 8 Receipts for mortgage and purchase moneys etc 12 9 Proceeds of sale of land held for the Social Work 12 10 Evidence of resolutions 12 11 Construction of wills etc 13 12 Vesting in trustees of property given or devised etc for benefit of The Salvation Army 13 13 Preservation of rights of claimants 14

Contents Page contents 2 Salvation Army Property Trust Act 1934 Effective: 01/03/12 R3 01/03/12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14 Vesting of rights of the General in the Trustees 15 Endnotes 1 About the endnotes 16 2 Abbreviation key 16 3 Legislation history 17 4 Amendment history 19 5 Earlier republications 19

R3 01/03/12 Salvation Army Property Trust Act 1934 Effective: 01/03/12 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Salvation Army Property Trust Act 1934 An Act to provide for the temporal affairs of The Salvation Army in the Australian Capital Territory

Preamble page 2 Salvation Army Property Trust Act 1934 Effective: 01/03/12 R3 01/03/12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Preamble Whereas by a Deed Poll (the Deed of Constitution) dated 7 August 1878, and under the hand and seal of William Booth and afterwards enrolled in the Chancery Division of the High Court of Justice on 13 August 1878, the origin and doctrines of the Christian Mission therein referred to were recited and stated and it was by the said Deed Poll amongst other things provided that the said Christian Mission was and should always be thereafter under the oversight, direction and control of some one person who should be the General Superintendent thereof whose duty it should be to determine and enforce the discipline and laws and superintend the operations of the said Christian Mission and to conserve the same to and for the objects and purposes for which it was first originated and that the said General Superintendent should have the powers therein mentioned that the said William Booth should continue to be for the term of his natural life the General Superintendent of the said Christian Mission unless he should resign such office that the said William Booth and other General Superintendent who should succeed him should have power to appoint his successor to the office of General Superintendent and all the rights powers and authorities should vest in the person so appointed upon the decease of the said William Booth or other General Superintendent appointing him or at such other period as might be named in the document appointing him and that it should be the duty of every General Superintendent to make in writing as soon as conveniently might be after his appointment a statement as to his successor and as to the means which were to be taken for the appointment of the successor on the decease of the General Superintendent or upon his ceasing to perform the duties of the office such statement to be signed by the General Superintendent and delivered under seal to the Solicitor for the time being of the said Christian Mission but such statement might be altered at will by the General Superintendent at any time during his continuance in office pending

Preamble R3 01/03/12 Salvation Army Property Trust Act 1934 Effective: 01/03/12 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au a new statement being signed by him and delivered as before mentioned to such Solicitor as aforesaid: And whereas by the said recited Deed Poll it was provided that the General Superintendent should have power to expend on behalf of the Christian Mission all moneys contributed for the general purposes of the said Christian Mission or for any of the special objects of its operations but he should annually publish a balance sheet duly audited of all such receipts and expenditure and that the General Superintendent should have power to acquire by gift purchase or otherwise any hall or meeting house school room vestry land building and appurtenances and any seats fittings furniture or other property whatsoever which might in his judgment be required for the purposes of the said Christian Mission and to build upon such land or alter or pull down any such buildings and to hire on lease or otherwise any land or buildings and to lend, give away and sell or otherwise dispose of any such properties, lands or buildings as he might deem necessary in the interests of the said Christian Mission, wherein all trustees should render him every assistance and that he might in all such cases as he should deem it expedient so to do nominate trustees or a trustee of any part or parts thereof respectively of any such property and erect the conveyance and transfer thereof to such trustees or trustee with power for the General Superintendent to declare the trusts thereof and from time to time if it should seem expedient to him so to do to revoke any such trusts or the appointment of any such trustees or trustee and pending such revocation the same property should be conveyed or transferred to such persons or person upon such trusts as he might direct but only for the benefit of the said Christian Mission: And whereas by a further Deed Poll under the hand of the said William Booth bearing date 26 July 1904, and enrolled in the Supreme Court of Judicature, England on 27 July 1904, it was recited that on or about 1 January 1879, the name of the said religious society or organization was changed from ‘The Christian Mission’ to ‘The Salvation Army’ as appears by Memorandum

Preamble page 4 Salvation Army Property Trust Act 1934 Effective: 01/03/12 R3 01/03/12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au under the hand of the said William Booth dated 24 June 1880, and endorsed on the said recited Deed Poll of 7 August 1878, and that the said society or organization had since been and was then known as it now is as The Salvation Army and that the title of the ‘General Superintendent’ thereof had been altered and shortened into that of ‘General’ and that the said William Booth was then known and designated and it was expected that every successor of his would be thereafter known and designated as the ‘General’ of The Salvation Army: And whereas it was also recited by the lastly herein recited Deed Poll of 26 July 1904, that in order to minimise the possibility of doubt, dispute or litigation it was considered desirable to provide more fully and specifically than was done by the Deed of Constitution for the events in which the General for the time being should cease to perform the duties of his office and also for the nomination and appointment of a successor to the General for the time being on his dying or ceasing to perform the duties of office and that the said William Booth had accordingly determined to execute the said recited Deed Poll of 26 July 1904: And whereas the said Deed Poll now in recital sets forth more fully and effectually such events and makes provision inter alia that every General for the time being of The Salvation Army should be deemed to cease to perform the duties of his office within the meaning of clause 6 of the said Deed of Constitution and to vacate such office upon the happening of any of the events therein referred to, that is to say, if inter alia the Commissioners of The Salvation Army or a majority of such Commissioners amounting to at least 4 in 5 should declare in writing under their hands that they are satisfied that the General is inter alia permanently incapacitated by mental or physical infirmity from the adequate performance of the duties of his office or if a resolution adjudicating the General unfit for office and removing him therefrom should be passed by a majority of not less than three-fourths of the members present and voting at a meeting of

Preamble R3 01/03/12 Salvation Army Property Trust Act 1934 Effective: 01/03/12 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au the High Council of The Salvation Army as thereinafter provided for: And whereas by a Deed Poll under the hand and seal of William Bramwell Booth bearing date 1 June 1920, it was recited that the said William Booth had died on 20 August 1912, having by Deed Poll under his hand and seal dated 21 August 1890, in exercise of the power in that behalf vested in him by the said Deed of Constitution as aforesaid appointed the said William Bramwell Booth to be his successor in the office of General of The Salvation Army and that the said William Bramwell Booth had by Deed Poll under his hand and seal dated 23 August 1912, duly accepted the said office: And whereas it was recited by the said recited Deed Poll of 1 June 1920, that in connection with and as the outcome of the work teaching and experience of The Salvation Army in the United Kingdom and in Australia and other countries of the world the said William Booth and the said William Bramwell Booth had evolved and promulgated various operations for the social temporal and moral welfare of the poorer and more needy classes of society and all persons who are destitute feeble-minded or vicious or suffering from injuries or sickness or ill health or orphans or for children needing care in orphanages or reformatories and for other charitable purposes which operations are generally known and described as the Social Work of The Salvation Army and which in relation to the Commonwealth of Australia (the Commonwealth) are sometimes referred to as the Social Work and that in connection with the carrying out of the Social Work in the Commonwealth the said William Booth and the said William Bramwell Booth as his successor in office had acquired certain real and personal property particularised in the schedule thereto and other real and personal property would thereafter be acquired for the purposes of the Social Work and that it was thought desirable that the same respectively should be kept distinct from the other or proper real and personal property of The Salvation Army and be used and devoted

Preamble page 6 Salvation Army Property Trust Act 1934 Effective: 01/03/12 R3 01/03/12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au exclusively in and to the Social Work in and connected with the Commonwealth and that the Social Work should be confined and regulated and the trusts of the said real and personal property already acquired and thereafter to be acquired for or in connection therewith declared as thereinafter appearing: And whereas by the said recited Deed Poll of 1 June 1920, the said William Bramwell Booth declared that the real and personal property particularised in the said schedule and all property, real and personal, which might thereafter be acquired by gift grant purchase or in any manner whatsoever for the purposes of the Social Work in or in connection with the Commonwealth and all real and personal property for the time being representing the same or any part thereof respectively and all which are sometimes thereafter collectively referred to as the trust property should at all times thereafter be held upon trust to use and apply the same and the income thereof for the social, temporal and moral welfare and the improvement of the poorer and more needy classes of society and all persons who were destitute or vicious or feeble-minded or suffering from injuries or sickness or ill health or orphans or for children needing care in orphanages or reformatories in the Commonwealth and for other charitable purposes in connection with the Commonwealth in such ways and by such means as the said William Bramwell Booth or other the Director as thereinafter defined for the time being of the Social Work should at any time or from time to time think fit subject nevertheless to the provisoes therein contained: And whereas by the said Deed Poll now in recital it was provided that the said Social Work should at all times thereafter be under the oversight, direction and control of the person who should for the time being be General of The Salvation Army and he should be called in relation to the Social Work the Director of the Social Work (the said Director) and that it should be his duty to determine and enforce the laws and to superintend the operations of the Social Work and to conserve the same and the trust property for the purpose of the trusts thereby declared:

Preamble R3 01/03/12 Salvation Army Property Trust Act 1934 Effective: 01/03/12 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au And whereas it was provided that for the purpose of identifying or earmarking the trust property and the income thereof and of keeping the same distinct from all property of The Salvation Army full accounts of all moneys contributed, collected or received for the Social Work and of the application thereof should be kept in such manner as to keep the same always distinct and separate from the property of The Salvation Army and that all conveyances, leases, transfers, assignments and assurances made to the Director for the time being for the purposes of the Social Work should be expressed to be made to him as such Director and should thereupon become subject to the trusts of the presents now in recital and that whenever any property real or personal required for the purposes of the Social Work should be conveyed, leased, assigned, transferred or assured to any trustees or trustee other than the Director for the time being such trustees or trustee should in each case execute a sufficient declaration of trust so as in every case to enable the property so conveyed, leased, assigned, transferred or assured to be sufficiently identified or earmarked as being property devoted to the purposes of the Social Work: And whereas the said recited Deed Poll of 1 June 1920, set forth the powers which the Director should have over and on and concerning the said trust property: And whereas at a duly convened meeting of the High Council of The Salvation Army held at Sunbury in the United Kingdom on 13 February 1929, the High Council of The Salvation Army referred to in the said recited Deed Poll of 26 July 1904, duly and in accordance with the said Deed Poll adjudicated the said William Bramwell Booth unfit for office and removed him therefrom and by way of record declared that the said adjudication was based upon the state of health of the said William Bramwell Booth and the said High Council in pursuance of the power vested in it by the said Deed Poll of 26 July 1904, elected Edward John Higgins, a Commissioner of The Salvation Army, as successor in the office of

Preamble page 8 Salvation Army Property Trust Act 1934 Effective: 01/03/12 R3 01/03/12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au General of The Salvation Army to the said William Bramwell Booth: And whereas by Deed Poll under his hand and seal dated 13 February 1929, the said Edward John Higgins duly accepted the said office upon and subject to the terms of the said recited Deeds Poll dated 7 August 1878, and the 26 July 1904, respectively: And whereas the said William Bramwell Booth died on 16 June 1929: And whereas it is expedient to provide that the whole of the property real and personal of The Salvation Army in the Territory which was at the time of his death held and now stands in the name of the said William Bramwell Booth upon the trusts of the hereinbefore recited Deeds Poll of 7 August 1878, and 26 July 1904, and the 1 June 1920, respectively, and also that all other property real and personal of or to which The Salvation Army in the Territory is entitled held by and standing in the name of the said William Bramwell Booth at the time of his death or now standing in the name or names of any other person or persons and which the General for the time being of The Salvation Army as such General and as Director of the said Social Work of The Salvation Army respectively is entitled to have vested in him upon the trusts of the said recited Deeds Poll according to the nature of the same shall vest in The Salvation Army (New South Wales) Property Trust incorporated under the Salvation Army (New South Wales) Property Trust Act 1929 (NSW) with the powers and authorities in this Act set forth: Be it therefore ordained by the Governor-General in and over the Commonwealth of Australia, with the advice of the Federal Executive Council, in pursuance of the powers conferred by the Seat of Government Acceptance Act 1909 (Cwlth) and the Seat of Government (Administration) Act 1910–1930 (Cwlth), as follows:

Section 1 R3 01/03/12 Salvation Army Property Trust Act 1934 Effective: 01/03/12 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of Act This Act is the Salvation Army Property Trust Act 1934. 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). Deeds Poll means the Deed of Constitution, the Deed Poll under the hand of William Booth bearing date 26 July 1904, and the Deed Poll under the hand and seal of William Bramwell Booth bearing date 1 June 1920. General or The General means the General of The Salvation Army under its Constitution, or his attorney for the time being in the State of New South Wales duly authorised in that behalf, or such other person as for the time being has vested in him under that Constitution general control and authority over the property in England of The Salvation Army, or the attorney for the time being in the State of New South Wales of that person duly authorised in that behalf. the Trust or the Trustees means The Salvation Army (New South Wales) Property Trust, constituted under the Salvation Army (New South Wales) Property Trust Act 1929 (NSW), and any reference to a majority of the Trustees shall be read as a reference to a majority of the persons for the time being constituting the Trust. 3 Vesting of property in Trustees All lands, tenements, and hereditaments, including chattels real situate in the ACT, together with all rights, easements, and appurtenances relating thereto and all personal property which were at the time of his death held by and now stand in the name of William Bramwell Booth, as General of The Salvation Army or

Section 4 page 10 Salvation Army Property Trust Act 1934 Effective: 01/03/12 R3 01/03/12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Director of the Social Work of The Salvation Army respectively, upon the trusts of the Deeds Poll, and all other lands, tenements, and hereditaments whatsoever, including chattels real situate in the Territory, which at the commencement of this Act stand in the name of William Bramwell Booth or in the name or names of any other person or persons in trust for The Salvation Army in the ACT, or for any of its funds or any auxiliary or department of its work or any corps or institution of The Salvation Army in the ACT, or to which The Salvation Army in the ACT is otherwise entitled, save and except any property held by The Salvation Army Auxiliary Company of Australia Proprietary Limited, shall without any conveyance or transfer vest in the Trustees upon the trusts and with the powers, authorities, and discretions and subject to the terms, provisions, and conditions of this Act and the Deeds Poll, according to the particular trusts in each case upon which the same shall be held at the commencement of this Act, but subject and without prejudice to any special trusts (if any) upon which the same may be held, and subject also to any reservation, mortgage, charge, encumbrance, lien, or lease affecting the same respectively, and subject and without prejudice to any resulting trust or any trust of any such lands, tenements, or hereditaments in favour of the donor or any person or corporation other than The Salvation Army, but upon and subject to no other trusts or provisions whatsoever. 4 Powers of Trustees The Trustees may exercise all the powers relating to the lands, tenements, and hereditaments and personal property hereby vested in them, and in respect of all lands, tenements, and hereditaments and personal property which may after the commencement of this Act be acquired by them or which may become vested in them under this Act which are now exercisable by the General of The Salvation Army and the Director of the Social Work of The Salvation Army for the time being respectively under the Deeds Poll, according as they shall and may hold the same upon one or the other of the trusts of the Deeds Poll, and may exercise such powers

Section 5 R3 01/03/12 Salvation Army Property Trust Act 1934 Effective: 01/03/12 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au and all or any of the powers by this Act conferred upon them, notwithstanding there shall be for the time being any vacancy in the office of General of The Salvation Army or the office of Director of the Social Work of The Salvation Army. 5 Trust property—how held All property held by the Trustees shall, so far as the same is not subject to any express trust, be held and dealt with by them in accordance with and subject to the powers and provisions of the Deeds Poll, according to the trusts upon which the property is held, and no person dealing with the Trustees shall be bound to inquire into the propriety or necessity of any such dealing. 6 Power to mortgage The Trustees may, for the purpose of securing such sums of money as they deem requisite or necessary for the purposes of The Salvation Army or the Social Work of The Salvation Army, mortgage to any person any land or interest in land vested in the Trustees: Provided nevertheless that any moneys raised on any land or interest in land which shall for the time being be held upon trust for the Social Work of The Salvation Army shall only be used for the purposes of the Social Work of The Salvation Army. 7 Power to sell The Trustees may sell by public auction or private contract as they deem expedient, at such price as can be reasonably obtained for the same, any real and personal estate vested in them and when sold convey the same or any part thereof, and thereupon the same shall vest in the purchasers, their heirs, executors, administrators, or assigns according to the estate and interest of the Trustees therein absolutely freed and discharged from the trusts affecting the same.

Section 8 page 12 Salvation Army Property Trust Act 1934 Effective: 01/03/12 R3 01/03/12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Receipts for mortgage and purchase moneys etc The receipt in writing of a majority of the Trustees or of any person thereto authorised by such majority in writing to receive the same for the mortgage moneys raised on any property mortgage by the Trustees, or for the purchase money of any property sold under this Act, or for any moneys payable to them when exercising any of the powers by this Act conferred upon them, or when exercising any of the powers for the time being vested in the General or the Director of the Social Work, as the case may be, under and by virtue of the Deeds Poll, shall exonerate the mortgagee and the purchaser and all other persons for the time being paying such moneys to the Trustees, or the person authorised to receive the moneys from seeing to the application of the same, and from all liability as to the misapplication or non-application thereof and from inquiring into the propriety or necessity of any mortgage or sale, lease, or other dealing whatsoever. 9 Proceeds of sale of land held for the Social Work The proceeds of the sale of any lands held for the purpose of the Social Work shall be devoted to the purposes of the Social Work, and the Trustees may for such purposes acquire therewith other lands and buildings for the purposes of such Work. 10 Evidence of resolutions A certificate purporting to be signed by the attorney for the time being of the General, of the appointment of a secretary or other officer shall be prima facie evidence, and, in favour of the Crown and the Registrar-General and every person who deals for value with the Trustees, conclusive evidence, of his or their due appointment, and a certificate signed by the secretary for the time being of the Trust as to who are the persons for the time being constituting the Trust, and a certificate of the secretary certifying to any resolution of the Trustees shall be prima facie evidence, and, in favour of the Crown and the registrar-general and every person who

Section 11 R3 01/03/12 Salvation Army Property Trust Act 1934 Effective: 01/03/12 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au deals for value with the Trustees, conclusive evidence, as to who are the Trustees for the time being, and of any such resolution. 11 Construction of wills etc Whenever by any will, deed, or other instrument any property, real or personal, has been or is devised, bequeathed, given, granted, released, conveyed, or appointed or has been or is declared or directed to be held upon trust to or for the benefit of The Salvation Army or of any fund, institution, branch, or corps thereof or is recoverable by or payable to The Salvation Army or by or to any fund, institution, branch, or corps thereof or be receivable by or payable to any officer thereof for the benefit of The Salvation Army or any of its funds, institutions, branches, or corps, or for its Social Work the will, deed, or instrument shall be construed and operate and take effect as though the Trustees were named therein, and the acknowledgment or receipt of the Trustees or a majority of them or of any person thereto authorised in writing by the Trustees, or a majority of them, for any such gift shall be a sufficient discharge to the person liable to deliver or transfer any such money or property under the will, deed, or instrument, and all property, real or personal, so devised, bequeathed, given, granted, released, conveyed, or appointed, or declared or directed to be held upon trust shall, subject to the trusts of the will, deed, or other instrument, and subject to any direction to the contrary therein contained so far as the same are capable of taking effect, be under the direction and control of the Trustees, and they may call for the transfer, conveyance, or delivery thereof. 12 Vesting in trustees of property given or devised etc for benefit of The Salvation Army (1) Whenever by any will, deed, or other instrument, or by any gift or disposition of property made before but not taking effect until after the commencement of this Act, or by any will or other instrument or by any gift or other disposition of property made after the

Section 13 page 14 Salvation Army Property Trust Act 1934 Effective: 01/03/12 R3 01/03/12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au commencement of this Act any real or personal property has been or is devised, bequeathed, or given to or for the benefit of The Salvation Army or to or for the benefit of any fund, corps, institution, branch, or auxiliary thereof, other than real or personal property devised, bequeathed or given to specific trustees upon trust for The Salvation Army or for any such fund, corps, institution, branch, or auxiliary thereof, all such real and personal property shall vest in the Trustees. (2) The Trustees shall hold any such real and personal property upon the trusts (if any) declared in respect thereof, and if no such trusts have been declared shall hold and deal with such real and personal property and the proceeds thereof in trust for The Salvation Army for such purposes and in such manner as they deem expedient, and may convey, transfer, or deliver any such real or personal property to such person and upon such trusts as they think fit, and the Trustees and any person to whom any such real or personal property is so conveyed, transferred, or delivered may sell, lease, mortgage, or otherwise deal with any such real or personal property: Provided that the receipt in writing of the Trustees or a majority of them or of any person thereto authorised in writing by the Trustees or a majority of them of any moneys receivable by them in the exercise of those powers shall exonerate the person paying the same to them from seeing to the application thereof and all liability as to the misapplication or non-application thereof, and no person shall be bound to inquire into the validity of any such sale, conveyance, lease, or mortgage. 13 Preservation of rights of claimants Nothing in this Act contained or that may be done under this Act shall be deemed prejudicially to affect or to deprive any person of any right whatsoever which he now has arising out of contract or tort, and any such right which may at the commencement of this Act have been enforceable against the General or his predecessor in the office of General of The Salvation Army and in respect of which

Section 14 R3 01/03/12 Salvation Army Property Trust Act 1934 Effective: 01/03/12 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au right the property by this Act vested in the Trustees was liable may be enforced against the Trustees. 14 Vesting of rights of the General in the Trustees Any rights, including choses in action, arising out of contract or tort relating to the real and personal property by this Act vested in the Trustees which were at the time of his death in the said William Bramwell Booth or at the commencement of this Act are in the General are hereby vested in the Trustees and may be enforced by them.

Endnotes 1 About the endnotes page 16 Salvation Army Property Trust Act 1934 Effective: 01/03/12 R3 01/03/12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 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 are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. 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. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R3 01/03/12 Salvation Army Property Trust Act 1934 Effective: 01/03/12 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history This Act was originally a Commonwealth ordinance—the Salvation Army Property Trust Ordinance 1934 No 11 (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 Salvation Army Property Trust Act 1934 A1934-11 notified 3 May 1934 (Cwlth Gaz 1934 No 26) commenced 3 May 1934 as amended by 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 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) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 357 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B)

Endnotes 3 Legislation history page 18 Salvation Army Property Trust Act 1934 Effective: 01/03/12 R3 01/03/12 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au pt 357 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.34 notified LR 22 November 2011 s 1, s 2 commenced 22 November 2011 (LA s 75 (1)) sch 1 pt 1.34 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011-12, s 2 and CN2012-4)

Endnotes Amendment history 4 R3 01/03/12 Salvation Army Property Trust Act 1934 Effective: 01/03/12 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Title Title Ord1938-25 s 2 Evidence of resolutions s 10 am A1993-64 sch 1; A2001-44 amdt 1.3868; A2011-48 amdt 1.51 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. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Ord1938-25 31 August 1991 2 A2001-44 18 July 2002 © Australian Capital Territory 2012

Several doctrinal and practical concepts animate the Act. Set out below are the main legal and operational concepts with direct references to the text.

Vesting by statute: Section 3 is the central vesting clause. It operates automatically to transfer legal title in specified property to the Trustees without conveyance. The clause expressly preserves subject-matter exceptions and encumbrances. This is statutory vesting rather than a form of equitable appointment; the Trustees acquire legal title and the statutory power to deal.
Dual trust architecture: The statute distinguishes between property held for the Social Work and other Salvation Army property. The Preamble describes “the Social Work” and the requirement to keep Social Work property and accounts separate; s 6 contains a proviso that mortgage money raised on land held for the Social Work must be used only for Social Work. Section 9 obliges that proceeds from sale of Social Work land be devoted to Social Work. The Deeds Polls, incorporated by reference in the Act (see definition and s 5), contain detailed powers and control mechanisms, including the role of the General and the Director.
Corporate trustee entity: “The Trustees” means The Salvation Army (New South Wales) Property Trust (s 2). The Act imports a corporate trustee framework into ACT property law: the NSW Property Trust becomes the vehicle for holding Salvation Army property in the Territory. The definition in s 2 and the operating clauses in ss 3-5 give legal effect to that corporate role in the Territory.
Non-inquiry and conclusive dealings: Several provisions protect third parties dealing with the Trustees. Section 5 says a person dealing with the Trustees is not bound to inquire into the propriety or necessity of any dealing. Section 8 gives written receipts by a majority of Trustees or an authorised person an exonerating effect against purchasers and mortgagees. Section 10 makes certain certificates prima facie and in favour of the Crown, Registrar-General and persons dealing for value conclusive evidence.
Continuity of historical trusts and Deeds Poll obligations: The Act does not rewrite the trusts created by the series of Deeds Polls. Section 5 states that property is to be held and dealt with in accordance with and subject to the powers and provisions of the Deeds Poll according to the trusts on which the property is held. The Preamble recites the Deeds Poll requirement that the Director publish audited balance sheets and maintain separate accounts for the Social Work; while the Act itself does not recapitulate every administrative duty, it imports and preserves the relevant trust framework.
Vesting of future gifts and instruments: Section 12 operates forward-looking: gifts, devises or dispositions to The Salvation Army (or its sub-units) vest in the Trustees unless the gift names specific trustees. The Trustees may then exercise powers of dealing, sale, mortgage and conveyance with respect to such property, and receipts operate to discharge payers (s 12(2)).
Protection of existing liabilities and enforcement rights: The Act preserves claimants’ rights against the Trustees for obligations previously enforceable against the General (s 13). Section 14 vests rights, including choses in action, relating to the property in the Trustees and enables enforcement by them. This ensures creditors and claimants retain remedies.
Limited exclusions: Section 3 expressly excludes property held by The Salvation Army Auxiliary Company of Australia Proprietary Limited from the statutory vesting, leaving corporate-owned property outside the statutory transfer. This distinction is material for title searches and for determining whether statutory vesting applied.

These concepts interact to create a statutory architecture where legal title is centralised in a corporate trustee, third-party dealings are simplified by non-inquiry rules and conclusive certificates, and a dual trust regime obliges use of Social Work assets for Social Work purposes. The Deeds Polls remain the substantive trust instruments; the Act principally changes legal title, administration, and evidentiary treatment in the Territory.

The Act identifies and affects several discrete groups of stakeholders. For each, the Act changes legal position, decision-making rights, or compliance obligations.

The Trustees (The Salvation Army (New South Wales) Property Trust): The primary addressee of the statute. The Trustees receive legal title to the specified property (s 3), gain statutory powers to mortgage (s 6), to sell (s 7), and to manage property under the powers in the Deeds Poll and this Act (s 4-5). They are given evidentiary advantages (s 8, s 10) that reduce transaction costs when dealing with the Crown, Registrar-General and purchasers.
The General and the Director of the Social Work: These historical offices are defined in s 2. The Act expressly preserves the powers those offices held under the Deeds Polls, but allows the Trustees to exercise those powers (s 4). The Act contemplates that the General and the Director remain governance actors under the Deeds Poll, but the Trustees can exercise powers even if there is a vacancy in either office (s 4). This changes who physically makes decisions about property in the Territory and reduces operational dependence on the officeholders’ presence.
Beneficiaries of the Social Work and Salvation Army funds and branches: The Act affects how property intended for Social Work is to be held and used. Proceeds of sale and monies raised on Social Work land must be devoted to the Social Work (s 6 proviso; s 9). Gifts and bequests to Salvation Army funds, institutions, branches or corps that do not nominate trustees vest in the Trustees (s 12). Beneficiaries should expect property management to be centralised and possibly dealt with under Deeds Poll directions.
Donors and testators: The Act alters the legal recipient of gifts where no specific trustee is named: such gifts will vest in the Trustees (s 12). Executors and payors who discharge obligations by delivering funds or property to the Trustees (or to a majority-authorised person) can rely on s 11 and s 12(2) for discharge.
Purchasers, mortgagees and third parties dealing for value: Those who buy, mortgage or otherwise deal with vested property benefit from receipts in writing given by a majority of Trustees or authorised persons that exonerate them from tracing the application of funds and from inquiring into the propriety of a mortgage or sale (s 8; s 12(2)). Certificates of Trusteeship and officer appointments are prima facie and, for the Crown and Registrar-General and value purchasers, conclusive evidence (s 10). This reduces due diligence scope for purchasers and mortgagees, while shifting risk of internal impropriety onto the Trustees.
Creditors and claimants against the General: The Act preserves current rights a claimant might have had against the General at commencement (s 13). It also vests in the Trustees the rights arising out of contract or tort relating to the vested property and enables enforcement by the Trustees (s 14). Claimants may therefore enforce against the Trustees.
Registrar-General and Crown officials: The Act gives the Registrar-General and the Crown certainty when faced with certificates under s 10; those certificates are conclusive in relation to appointments and Trustee resolutions. The changes reduce the Registrar-General’s need to investigate chain of title where the conclusive certificates are produced.
The Salvation Army Auxiliary Company of Australia Proprietary Limited: The Act expressly excludes property held by this corporate entity from the statutory vesting (s 3). Owners and controllers of that company therefore remain unaffected by the vesting clauses insofar as that company's property is concerned.

Geographic and legal reach: The Act applies to property situated in the ACT and to property belonging to The Salvation Army in the ACT that falls within the scope described in s 3 and the Preamble. The legislative conversion history (endnotes) shows the Act was originally a Commonwealth ordinance converted into ACT law; it therefore operates as an ACT statutory instrument.

Practical effects on stakeholders: Trustees become central administrators for title and transactional dealings. Third parties gain easing of transactional friction via statutory receipts and certificates, while claimants retain enforcement rights. Donors and testators must be aware that absent express nomination of trustees the statutory Trustees will take title. The shifting of title and evidentiary protections will typically reduce search and transactional costs but increase the operational responsibilities and potential liabilities of the Trustees.

The Act creates and preserves a set of duties and rights distributed across the Trustees, the General/Director offices, third parties, and beneficiaries. Below are the principal duties and rights with statutory citations.

Duties and obligations

Duty to hold and deal in accordance with Deeds Poll: The Trustees are required to hold and deal with vested property in accordance with the powers and provisions of the Deeds Poll where the property is not subject to an express trust (s 5). This imports obligations embedded in the Deeds Polls, including, per the Preamble, the requirement to keep Social Work accounts distinct and to publish audited balance sheets for monies contributed for general purposes. While the Act does not restate all administrative duties, it makes compliance with the Deeds Poll framework a statutory expectation (s 5; Preamble).
Fiduciary duties implicit in trustee role: Although the Act is statutory, the Trustees are a corporate trustee and therefore must observe the trusts declared in the Deeds Poll and the Act when exercising powers (s 3-5, s 12). The Act preserves existing special trusts and resulting trusts (s 3), indicating that fiduciary obligations tied to those trusts remain in force.
Restriction on use of funds raised on Social Work land: Any monies raised by mortgage on land held for the Social Work must be used only for Social Work purposes (s 6 proviso). Proceeds of sale of Social Work land are to be devoted to the Social Work and may be reinvested into other land and buildings for such purposes (s 9).

Rights and powers

Power to mortgage: The Trustees may mortgage land or land interests vested in them to any person for sums they consider requisite or necessary for Salvation Army purposes or Social Work (s 6). The proviso restricts the use of proceeds when the mortgaged land is held for the Social Work.
Power to sell and convey: The Trustees can sell real and personal estate by auction or private contract at a price reasonably obtainable, and when conveyed, purchasers take free from the trusts affecting that estate (s 7).
Receipt and discharge authority: The written receipt of a majority of the Trustees, or a person authorised by them in writing, for mortgage or purchase money or other moneys payable to them under the Act, will exonerate payers and purchasers from liability for misapplication and removes the obligation to see to the application of funds (s 8; s 12(2)).
Authority to call for transfer or delivery of gifts: Under s 11 and s 12, the Trustees are entitled to call for and take transfer of property devised, bequeathed, or given for The Salvation Army where the instrument either names or is to be construed as if the Trustees were named. This provides power to perfect title and to receive transmissions under wills or other instruments.
Power to determine treatment when no trusts declared: Where property vests under s 12 and no trusts are declared in the instrument, the Trustees may hold and deal with that property and proceeds in trust for The Salvation Army for such purposes and in such manner as they deem expedient and may convey or transfer such property to persons and upon trusts as they think fit (s 12(2)).

Evidentiary and transactional rights

Conclusive certificates: Certificates purporting to be signed by the General’s attorney as to appointments, or by the Trust secretary as to Trustee composition or resolutions, are prima facie evidence generally, and conclusive evidence as to the Crown, Registrar-General and persons dealing for value (s 10). This reduces the capacity of third parties and registration officials to challenge the authority behind transactions.

Preserved rights of others

Preservation of claimants’ rights: The Act expressly preserves rights that claimants had against the General under contract or tort at commencement, and such rights may be enforced against the Trustees (s 13). This keeps creditor remedies intact.
Vesting of rights and choses in action in Trustees: Section 14 vests in the Trustees any rights, including choses in action, arising out of contract or tort relating to the property vested under the Act and permits enforcement by them.

Decision-making and delegation

Operation despite vacancies: Section 4 authorises the Trustees to exercise the powers of the General and the Director even when there is a vacancy in those offices. This places decision-making authority in the Trustees and reduces reliance on the individual officeholders for property decisions in the Territory.

Documentation and discharge practices

Written authorization and majoritarian control: The Act repeatedly relies on written authorisation by a majority of Trustees for receipts, and certificates signed by the Trust secretary for evidentiary matters (s 8; s 10; s 12). This centralises control and encourages formal documentation for transactions.

In short, the Act confers robust administrative and dispositive powers on the corporate Trustee, protects third-party transaction certainty through conclusive certificates and receipts, preserves claimants’ remedies, and embeds use restrictions for Social Work assets. The operational duties flow in large part from the Deeds Polls, which the Act preserves and imports for the manner in which property must be held and applied.

The statutory text contains no express criminal offences, regulatory penalty provisions, or administrative enforcement regimes specific to misconduct by Trustees or other officers. Nonetheless, the Act includes several mechanisms that affect enforcement and the practical allocation of risk.

Statutory penalty unit reference and absence of internal offences

Penalty unit note in republication: The republication prefatory material states the penalty unit value at the republication date ($110 for individuals, $550 for corporations) for offences against the law (front matter). That is a republication annotation reflecting general penalty-unit valuation under the Legislation Act 2001; the Act’s operative provisions do not themselves create new offences or attach specific fines or sanctioning powers to particular conduct.
No internal statutory sanctions: The Act does not set out internal enforcement tools such as appointment removal mechanisms for Trustees, civil penalties, or auditing powers vested in a government regulator. Instead, enforcement largely operates through the common law (trust and property doctrines), the Deeds Poll obligations, and ordinary civil remedies.

Civil enforcement and third-party protections

Preservation of claimants’ rights: Section 13 preserves rights arising out of contract or tort which any person held against the General, and provides those remedies may be enforced against the Trustees. This makes the Trustees the party in the place of the General for the purposes of creditor enforcement. Creditors therefore can pursue contractual or tort remedies against the Trustees in their capacity as legal holding owners.
Vesting of contractual and tort rights in Trustees: Section 14 vests choses in action and other rights relating to vested property in the Trustees, enabling the Trustees to bring or defend actions in relation to the property. This centralisation simplifies enforcement and defence of claims concerning Salvation Army property.
Receipts as a discharge and compulsion for certainty: Sections 8 and 12(2) make written receipts from the Trustees or a majority-authorised person a sufficient discharge for purchasers, mortgagees, and payors, exonerating them from liability to see to the application of moneys. This shifts the post-payment enforcement risk onto the Trustees. Where misapplication occurs, aggrieved parties must pursue remedies against the Trustees rather than against purchasers or mortgagees who acted in reliance on the receipts.

Evidence and title certainty

Conclusive certificates: Section 10 treats certificates (as to appointments of officers, Trustee composition, and Trustee resolutions) as prima facie evidence generally and conclusive for Crown, Registrar-General and persons dealing for value. This restriction has enforcement implications: it limits title disputes at the registration and Crown dealings stage, making successful collateral attacks on authority more difficult for third parties.

Practical enforcement pathways and gaps

Common law and equity enforcement: For misconduct, breach of trust, or misapplication of funds, claimants and beneficiaries would rely on equitable remedies against the Trustees under trust and fiduciary law, and on ordinary contract and tort remedies where applicable. The Act preserves these remedies but does not prescribe administrative investigatory powers or civil penalty schemes.
Registrar-General and land registration: Given s 10, the Registrar-General is statutorily empowered to accept Trustee certificates as conclusive evidence for certain matters, reducing the Registrar-General’s need to probe authority. This lowers administrative friction but may make registration-based reversals or rectifications more complex.
Insurance and indemnities: The Act does not address indemnities, insurance, or internal internal-controls compliance. Trustees and beneficiaries must therefore rely on the Deeds Poll, corporate governance, and private risk management to manage liability exposure.
Enforcement against third parties: Purchasers and mortgagees who rely on Trustee receipts and certificates have statutory protection from claims that might otherwise require them to trace or account for proceeds. This makes third parties harder to reach in claims about the application of funds, and shifts enforcement focus to the Trustees.

In sum, enforcement under the Act is civil and equity-based rather than criminal or regulatory. The Act centralises enforcement exposure on the Trustees and provides third parties statutory protections that prioritise transactional certainty over investigatory or sanction powers. Claimants retain common law remedies, but statutory mechanisms favour the ease of transfer and registration in dealings with the Trustees.

The Act interacts with several statutory and non-statutory instruments. These interactions govern conversion history, evidence rules, land registration practice, corporate trustee status and the continuing applicability of the historic trust instruments.

Interaction with historical Deeds Polls and trust framework

Incorporation and primacy of the Deeds Polls: The Deeds Polls of 1878, 1904 and 1920 are the foundational trust instruments whose trusts and powers the Act preserves and imports by definition and by s 5 (see s 2 definition and s 5). The Preamble recounts the Deeds Polls and their contents, including the powers of the General and the Director, and requirements for separate Social Work accounts. The Acts’ operation therefore presupposes the Deeds Polls remain operative and relevant. Trust terms and obligations (for example audit and accounting requirements referenced in the Preamble) continue to govern fiduciary standards for the Trustees.

Relationship to New South Wales law and the NSW Property Trust

Corporate trustee reference: The Trustee defined in s 2 is a body incorporated under the Salvation Army (New South Wales) Property Trust Act 1929 (NSW). The NSW statute provides the corporate trustee vehicle: The ACT Act vests property in that NSW trust. This cross-jurisdictional relationship means the NSW corporate trust’s constitution, powers and governance (as provided under NSW law) will affect how the Trustees operate in the ACT. The ACT Act does not reproduce the internal governance rules of the NSW Trust but relies on its corporate existence to receive title.

Land law, Registrar-General practice and evidentiary law

Registrar-General acceptance: Section 10 expressly affects dealings with the Registrar-General by making Trustee certificates conclusive in their favour. The Registrar-General (Consequential Provisions) Act 1993 amends related provisions (see endnotes). The practical effect is that land registrations and other dealings are simplified when certificates are produced, reducing the Registrar-General’s need to investigate chain of authority.
Evidence Act interactions: The Evidence (Consequential Amendments) Act 2011 (and Evidence Act 2011) amended provisions relating to evidence and certificates; the republication notes that sch 1 pt 1.34 commenced 1 March 2012 (endnotes). The interaction means the evidentiary treatment of Trustee certificates and related official documents must be read with contemporary ACT evidence provisions.

Self-government and conversion history

Conversion to ACT enactment: The Act was originally a Commonwealth ordinance (Salvation Army Property Trust Ordinance 1934). It became an ACT enactment following the Australian Capital Territory (Self-Government) Act 1988 s 34(4) and related conversion amendments, meaning the ACT Legislative Assembly now has competence to amend or repeal it (endnotes). The Seat of Government (Citation of Laws) Act 1989 changed nomenclature from Ordinance to Act. The conversion history matters because the Act sits in a statutory lineage from Commonwealth to Territory law; some historical references in the Preamble are to Commonwealth processes and English court enrollments.

Interaction with corporate law entities and exclusions

Exclusion of the Auxiliary Company: Section 3 excludes property held by The Salvation Army Auxiliary Company of Australia Proprietary Limited from the statutory vesting. That company’s property remains within standard corporate property law and is not automatically transferred to the Trustees. Practically, property held by corporate bodies associated with The Salvation Army remains outside the immediate scope of the Act and is governed by general company and trust law.

Application alongside general trust and property law

Trust and equitable remedies: The Act does not displace general trust law. The Trustees’ duties, liabilities and remedies will be governed by equity and common law trust principles when the Deeds Poll does not specify otherwise. Sections 11-14 interact directly with general property law doctrines, for example by vesting choses in action and preserving creditors’ rights, while s 5 preserves rights and non-inquiry protections that operate alongside and sometimes limit the scope of typical property investigations.

Practical cross-references to other statutes

Registrar-General and evidence amendments: The legislative history lists amendments by the Registrar-General (Consequential Provisions) Act 1993, the Legislation (Consequential Amendments) Act 2001, and the Evidence (Consequential Amendments) Act 2011. Practitioners must read the Act alongside those amending instruments (endnotes 3-4) for current operative detail on evidentiary treatment and registration practice.

In practice, the Act operates as a jurisdictional overlay that centralises title in a corporate trustee while preserving historic trust terms and aligning registration and evidentiary treatment with contemporary ACT statutory frameworks. Users of the statute must read it alongside the Deeds Polls, NSW corporate trust law, ACT evidence and land registration statutes, and general trust and property law.

The Act has an identifiable legislative lineage beginning as a Commonwealth ordinance in 1934 and continuing through a series of technical and consequential amendments after conversion into an ACT enactment. The republication contains an annotated amendment history and timeline; the principal events are:

Original enactment (Commonwealth): Salvation Army Property Trust Ordinance 1934 No 11 (Cwlth), notified 3 May 1934 and commenced 3 May 1934 (endnotes 3). The Preamble and core vesting and powers provisions originate in that ordinance and reflect the Deeds Poll material.
Seat of Government (Designation) Ordinance 1938: Amended the title and related provisions by s 2, notified 8 September 1938; this was an early amendment while the instrument remained a Commonwealth ordinance (endnotes 3 and 4 list this).
Conversion to ACT enactment: Following self-government, the Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 34(4) converted many Commonwealth ordinances into ACT enactments. The Salvation Army ordinance was converted to an ACT enactment on 11 May 1989. The Self-Government (Citation of Laws) Act 1989 A1989-21 s 5 changed nomenclature from Ordinance to Act on that date (endnotes 3).
Registrar-General (Consequential Provisions) Act 1993: Sch 1 made amendments consequential upon modernisation of registrar functions. This consequential amendment was notified 6 September 1993; sch 1 commenced 1 October 1993. The 1993 amendments affected evidentiary aspects, notably s 10 (see endnote 3 and amendment history line).
Legislation (Consequential Amendments) Act 2001 A2001-44: Parts of this Act (pt 357) amended the Salvation Army Property Trust Act. It was notified 26 July 2001, with parts commencing 12 September 2001. The amendment history lists updates to the Evidence of resolutions provision (s 10) among other consequential edits (endnotes 3-4).
Evidence (Consequential Amendments) Act 2011 A2011-48: This Act amended evidentiary provisions to align with the Evidence Act 2011. The schedule amendments to the Salvation Army Property Trust Act were notified LR 22 November 2011, with sch 1 pt 1.34 commencing 1 March 2012 (endnotes 3-4). The amendment history records s 10 as amended by A1993-64 sch 1; A2001-44 amdt 1.3868; A2011-48 amdt 1.51 (endnote 4).

Editorial republications and modernisation

The legislation has been republished by the ACT Parliamentary Counsel’s Office. The republication notes that editorial changes under the Legislation Act 2001 part 11.3 may be made to align drafting practices. The current republication is effective 1 March 2012 and includes amendments up to that date (front matter and endnotes).

Practical consequences of amendment history

Evidentiary and registrar practice evolved: Amendments in 1993, 2001 and 2011 primarily affected evidentiary treatment of Trustee certificates and interactions with registration and evidence rules. Practitioners must therefore consider the modern evidence regime and Registrar-General practice when relying on s 10 certificates.
Core trust structure unchanged: The central mechanics of statutory vesting, Trustee powers to mortgage and sell, and preservation of existing trusts remain consistent with the original ordinance. Amendments have been largely consequential and technical rather than substantive rewrites of the vesting architecture.
Cross-jurisdictional dependencies remain: The Act continues to depend on the NSW corporate Trustee entity and on the Deeds Polls. Any alteration to the NSW corporate trustee structure or to the Deeds Polls (outside the ACT Act) could have practical effects that require coordinated attention across jurisdictions.

The republication endnotes provide the full amendment history and dates; practitioners should consult those endnotes and the ACT legislation register to ensure they are working with the latest text and any subsequent amendments or modifications.

The republished Act and its endnotes do not record any judicial decisions, statutory litigation history, or authorities that have construed the Salvation Army Property Trust Act 1934 in the ACT courts. The Preamble refers to the enrolment of the Deeds Polls in English courts (Chancery Division and Supreme Court of Judicature), but the legislative text and the republication materials do not cite or summarise case law interpreting the Act itself.

What the source does reflect

Court-related references in the Preamble: The Preamble recounts the historical enrolments of the Deeds Polls in English courts (for example, the Deed of Constitution enrolled in the Chancery Division on 13 August 1878; the 1904 Deed Poll enrolled in the Supreme Court of Judicature on 27 July 1904). These are historical facts about the Deeds Polls and not legal precedents cited as interpreting the Act.
No case law included in the republication endnotes: The endnotes set out legislative and amendment history but do not annotate any judicial decisions in which the instrument has been considered. The absence of reported litigation in the source suggests no ACT court decisions are appended to or referenced in this republication.

Implications for practitioners

Lack of statutory judicial guidance: Practitioners advising on transactions that engage the Act should not assume there is settled local authority on fine points of interpretation within ACT case law based on this republished text. Instead, reliance must be placed on the statutory language (ss 3-14), the Deeds Poll contents, general trust and property law, and comparative decisions from other jurisdictions where appropriate,subject to jurisdictional caution.
Reliance on deed material and common law: For interpretive issues about the obligations of the General, the Director, and the nature of Social Work duties, the Deeds Polls themselves will be a primary source. Where the Act is silent on an operational detail, standard equitable principles of trust construction and administration will apply.
Potential for future litigation: Given the statutory protections for third-party purchasers and the vesting and preservation clauses, disputes could arise in the future concerning whether a particular asset was covered by the vesting clause, whether proceeds were properly applied to Social Work, or the validity of particular Trustee actions. Advice should therefore emphasise documentary proof and the use of s 10 certificates and s 8 receipts to reduce exposure.

Because the republication contains no litigation record or annotated case law, counsel should search case law databases and the ACT judicial decisions registry for any subsequent rulings that interpret this Act or its interplay with the Deeds Polls if precedent is required for a transaction.

The Act simplifies transactional interactions with Trustees but has several practical pitfalls and legal subtleties practitioners should watch for. These are concrete operational and legal risks grounded in the statute.

Automatic statutory vesting without conveyance (s 3)

Risk: Title transfers to the Trustees occur automatically by operation of statute without the need for conveyance. While this simplifies ownership change, it can create surprises for parties who look only to the register for a change of name or fail to consider that vesting could have happened earlier or outside normal transfer chains.
Practical step: Confirm whether a particular parcel was subject to statutory vesting by checking historic ownership at the time of William Bramwell Booth’s death or at the commencement of the Act and whether the property was expressly excluded (for example, held by the Auxiliary Company).

Exclusion of Salvation Army Auxiliary Company property (s 3)

Risk: Property held by The Salvation Army Auxiliary Company of Australia Proprietary Limited was expressly excluded from vesting. Misidentifying corporate-held property as vested Salvation Army property will lead to invalid transfers and contested title.
Practical step: Check corporate records and title documents. Where the corporate entity holds land, transactions must follow company law and not the statutory vesting regime.

Conclusive certificates and limits on inquiry (s 10; s 5; s 8)

Risk: s 10 makes Trustee certificates conclusive for the Crown, Registrar-General and persons dealing for value. This can shut down legitimate inquiries about the authority of Trustee actions if the transacting party relies on such certificates. Conversely, where a certificate is produced but later found to be fraudulent or mistaken, third parties may have limited recourse against the Registrar-General or Crown.
Practical step: For high-value or high-risk transactions, obtain additional assurances (legal opinion, detailed searches, and title indemnity insurance) despite the statutory protections. Trustees should ensure certificates issued are accurate and well documented.

Use restrictions on Social Work assets (s 6 proviso; s 9)

Risk: Mortgaging or selling assets that are held for the Social Work carries an express statutory obligation that proceeds and monies raised must be used only for Social Work purposes (s 6 proviso; s 9). Misapplication may lead to beneficiary claims or breaches of trust.
Practical step: Maintain clear identification and accounting for Social Work property; obtain written Trustee resolutions documenting intended application of proceeds and ensure any mortgage documents and sale proceeds are ring-fenced.

Receipts as a discharge and consequent recovery challenges (s 8; s 12(2))

Risk: The statutory receipt rule exonerates purchasers and mortgagees who pay a majority-authorised Trustee from liability to ensure funds are properly applied. While this protects those third parties, it can impair the ability of beneficiaries or donors to recover misapplied funds because the flow of funds discharges third-party payors.
Practical step: Trustees should implement robust internal controls and recordkeeping. Donors and grantors should explicitly state conditions and identify trustees (rather than merely giving to "The Salvation Army") if they want to avoid automatic vesting that could lead to receipt discharge protections.

Interplay with the Deeds Poll obligations and potential ambiguity (Preamble; s 5)

Risk: The Act imports the Deeds Poll framework, but those Deeds Polls are historic documents drafted in different eras and jurisdictions. The precise meaning of some trust terms and administrative obligations (for example the nature of auditing, reporting or the precise definition of “Social Work”) may be ambiguous or context-dependent.
Practical step: When a transaction depends on an understanding of Social Work scope or a Deeds Poll power, obtain and review the full Deeds Poll texts and any relevant organisational instruments to ensure a correct interpretation is applied.

Vacancy of General or Director and Trustees’ power to act (s 4)

Risk: Section 4 allows Trustees to exercise powers even if the positions of General or Director are vacant. This centralises power in the Trustees but can create governance tensions where local officers or beneficiaries expect the General or Director to authorise particular acts.
Practical step: Trustees should adopt clear delegation policies and document decisions to withstand scrutiny. Local officers should seek written confirmation of Trustee authority when required.

No statutory enforcement or regulatory oversight in the Act

Risk: The Act does not establish an administrative oversight or penalty regime. Accountability depends on trust principles and external legal remedies, which can be slower and more expensive.
Practical step: Trustees should maintain internal governance, auditing and compliance processes, and consider external oversight or reporting to beneficiaries to mitigate risk.

Historic roots and cross-jurisdictional governance

Risk: The Act vests property in a NSW corporate trustee and relies on instruments registered in English courts. Cross-border governance can complicate interpretation, enforcement and corporate compliance.
Practical step: Coordinate NSW corporate trust governance documents, the Deeds Polls, and ACT registrations in transactions; seek cross-jurisdictional legal advice where governance or interpretation conflicts arise.

Recognising these gotchas will assist practitioners in structuring transactions, confirming title, managing risk and advising donors and beneficiaries about the practical consequences of the statutory framework.

Compliance under this Act is largely documentary and fiduciary: the Act prescribes who holds title, what powers the Trustees may exercise, and what protections third parties can rely on. The following practical measures help Trustees, officers, third parties and advisers comply with the Act and manage associated liabilities.

For Trustees and Trustee counsel

Maintain and produce authorised written receipts: Ensure that any receipt for mortgage or purchase money, or other moneys payable under the Act, is in writing and signed by a majority of Trustees or by a person authorised in writing by such majority (s 8; s 12(2)). These receipts have statutory exonerative effect and are central to commercial certainty.
Issue and archive s 10 certificates carefully: Certificates purporting to be signed by the General’s attorney, or certified by the Trust secretary, are prima facie and conclusive in favour of the Crown and Registrar-General and persons dealing for value (s 10). Attach minutes and supporting documentation to each certificate and retain archives for challenge defence.
Distinguish Social Work assets and ring-fence proceeds: Identify and record which properties and funds are held for the Social Work. Monies raised on Social Work land must be used exclusively for Social Work purposes (s 6 proviso) and proceeds of sale of such land must be devoted to Social Work (s 9). Implement separate ledgers and reconciliations for Social Work accounts as contemplated in the Preamble.
Keep governance and delegation records up to date: Because Trustees can act irrespective of vacancies in the General or Director offices (s 4), maintain formal delegation instruments when acting under Deeds Poll powers to ensure transparency and to support s 8 receipts and s 10 certificates.
Check title history for excluded entities: Before transacting, verify whether a parcel is owned by The Salvation Army Auxiliary Company of Australia Proprietary Limited or another entity excluded from vesting (s 3). If so, proceed under standard company law and not as a Trustee transaction.
Establish internal controls for fund application: The statutory receipt rules shift application risk onto the Trustees. Robust controls, independent audits, and insurance (where appropriate) reduce fiduciary exposure and support beneficiary confidence.

For purchasers, mortgagees and third parties dealing for value

Obtain written Trustee receipts and s 10 certificates: To obtain the statutory protections, request written receipts from a majority of Trustees or written authorisation, and a certificate from the Trust secretary confirming Trusteeship or particular resolutions (s 8; s 10). Where the Registrar-General is involved, s 10 certificates are conclusive and simplify registration.
Conduct due diligence notwithstanding non-inquiry rules for material transactions: Although s 5 and s 8 limit the need to inquire into propriety, for high-value transactions obtain clarifying documents (trust resolutions, copies of the Deeds Poll, legal opinions and title indemnity insurance). This mitigates tail risk where a later claim alleges forgery, mistake or fraud.

For donors and testators

Consider expressly naming trustees or imposing conditions in instruments: Section 12 vests gifts and devises in the Trustees where no specific trustees are named. If a donor intends otherwise, specify the intended trustee or set express trusts and administrative instructions in the instrument. Executors should, if in doubt, seek to vest property in identified trustees or follow the testator’s express directions.
Document the intended application of donated funds: If funds are intended for Social Work or a particular Salvation Army fund, record that intention clearly in writing and liaise with Trustees to ensure appropriate ring-fencing and application.

For beneficiaries and claimants

Preserve and document claims: Section 13 preserves rights that were enforceable against the General; claimants should document the basis of their claims and pursue enforcement against the Trustees where necessary.
Seek interlocutory relief where necessary: Where funds are at risk of misapplication and urgent action is required, consider interlocutory remedies under equity to restrain particular acts or to obtain preservation orders while substantive resolution proceeds.

For land registration and official record-keeping

Use s 10 certificates in dealings with the Registrar-General: When registering conveyances, mortgages or other dealings, present the prescribed certificates to obtain conclusive recognition. Liaise with the Registrar-General’s office as to documentary requirements deriving from amending instruments (Registrar-General (Consequential Provisions) Act 1993 and subsequent modifications).
Update titles where appropriate: Even though the Act vests property without conveyance, update the public record to reflect current Trustee ownership where required or advisable for market clarity.

General advisory steps

Read the Deeds Polls alongside the Act: The Deeds Polls contain operational rules and definitions not fully reproduced in the Act. Any compliance regime must align Trustee action with both the Act and the Deeds Poll terms specified in the Preamble and s 5.
Seek cross-jurisdictional advice where NSW corporate trust or company entities are involved: Given the Trustees are constituted under NSW law and some property may be held by corporate Salvation Army entities, coordinate advice to address potential conflicts or compliance requirements across jurisdictions.
Maintain insurance and indemnities: Given the centralisation of legal title and the statutory protections for third parties, Trustees and officers should consider professional indemnity and Trustee liability insurance, and ensure indemnities and exculpatory measures are consistent with trust law and corporate governance.

Adopting these steps will align transactional practice with the statutory text, reduce exposure to claims based on misapplication or defective authority, and make the statutory protections work practically for both Trustees and third parties.

Salvation Army Property Trust Act 1934

Plain English Summary

Deep Dive

What it does

Current sections

Salvation Army Property Trust Act 1934

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply