Victorian Legislation and Parliamentary Documentsi
Version No. 001
Sisters of Mercy (Wodonga Land) Act 1987
Act No. 80/1987
Version as at 24 February 2003
TABLE OF PROVISIONS
Section Page
Purpose 2
Commencement 2
Definitions 3
Land at Wodonga 3
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ENDNOTES 5
General Information 5
Table of Amendments 6
Explanatory Details 7
Victorian Legislation and Parliamentary Documents1
Version No. 001
Sisters of Mercy (Wodonga Land) Act 1987
Act No. 80/1987
Version as at 24 February 2003
The Parliament of Victoria enacts as follows:
WHEREAS—
(a) by an indenture of conveyance dated
24 February 1921, a memorial of which is
registered in the office of the Registrar-
General number 981 book 493, the land
mentioned in the indenture was conveyed to
Mark Corcoran Mulqueeney, John
Mulqueeney and Martin Joseph Kelly to have
and to hold upon trust as joint tenants in fee
simple for the use of the religious community
residing at St. Joseph's Convent at Wodonga
to be used by that religious community as a
pasturage for cultivation as a garden and
such similar purposes as may be by them
required;
(b) the trustees are all deceased;
(c) the religious community residing at
St. Joseph's Convent at Wodonga have at all
times been members of the Religious Order
known as the Sisters of Mercy;
(d) the personal representative of the last
surviving trustee has by deed dated
12 September 1986 appointed Sisters of
Mercy Property Association of 230 Rosanna
Road, Rosanna, sole trustee of the land;
(e) the land has not been used for the purpose of
pasturage for cultivation as a garden and
such similar purposes for many years and is
Victorian Legislation and Parliamentary DocumentsAct No. 80/1987
Sisters of Mercy (Wodonga Land) Act 1987
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not at present used or required for use for
that purpose;
(f) part of the land was conveyed to the Board of
Land and Works by conveyance dated
14 July 1883;
(g) it is expedient that the land should be freed
and discharged from the original trust in
order to facilitate the proper and orderly
development and use of the land as industrial
land in accordance with the planned
development of industrial land in Wodonga
and for the land and any proceeds of the sale
of the land to be held on trust for the benefit
of all members of the Sisters of Mercy in
Victoria and Tasmania.
The Parliament of Victoria therefore enacts as follows:
Purpose
The purpose of this Act is to enable—
(a) certain land at Wodonga to be freed and
discharged from certain charitable trusts and
to be sold; and
(b) the proceeds of the sale to be held upon
similar but more appropriate trusts, having
regard to developments in Wodonga and
changes in the needs of the Sisters of Mercy,
for the more effective carrying on of their
charitable works.
Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
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Sisters of Mercy (Wodonga Land) Act 1987
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3. Definitions
In this Act––
"Institute of Sisters of Mercy of Australia—
Melbourne Congregation" means the
Congregation of the Sisters of Mercy in
Victoria and Tasmania;
"Property Association" means the Sisters of
Mercy Property Association incorporated
under the law of Victoria as a company
limited by guarantee, being a company not
incorporated for profit;
"the land" means the land mentioned in the
indenture of conveyance dated 24 February
1921, a memorial of which is registered in
the office of the Registrar-General number
981 book 493, excepting that part of that
land conveyed to the Board of Land and
Works by conveyance dated 14 July 1883
registered in the office of the Registrar-
General number 507 book 310.
4. Land at Wodonga
(1) Notwithstanding anything in any conveyance,
assurance or trust—
(a) the land is vested in the Property Association
in fee simple free of any encumbrance to
have and to hold upon trust for the charitable
purposes of the Institute of Sisters of Mercy
of Australia—Melbourne Congregation; and
(b) the Property Association may mortgage, sell,
lease (whether on building lease or
otherwise) or exchange the land or any part
of the land, and may create easements over,
or reserve roads on, the land or any part of it.
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Victorian Legislation and Parliamentary DocumentsAct No. 80/1987
Sisters of Mercy (Wodonga Land) Act 1987
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(2) The Property Association shall hold the proceeds
arising from any mortgage, sale, lease or exchange
or any other dealing with the land upon trust for
the charitable purposes of the Institute of Sisters
of Mercy or Australia—Melbourne Congregation.
(3) As soon as practicable after the commencement of
this Act, the Registrar of Titles shall issue to the
Property Association, in exchange for the
muniments of title to the land, certificates of title
(free of encumbrances) to such parts of Crown
Allotments 2–7 inclusive in the Parish of
Wodonga as were not conveyed to the Board of
Land and Works by conveyance dated 14 July
1883 registered in the office of the Registrar-
General number 507 book 310.
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ENDNOTES
General Information
Minister's second reading speech—
Legislative Council: 16 September 1987
Legislative Assembly: 7 October 1987
The long title for the Bill for this Act was "A Bill to make provision with
respect to the trusts upon which certain land at Wodonga is held for the
benefit of the religious community residing at St. Joseph's Convent at
Wodonga and with respect to the sale or other disposition of that land and
for other purposes.".
The Sisters of Mercy (Wodonga Land) Act 1987 was assented to on
24 November 1987 and came into operation on 24 November 1987:
section 2.
Endnotes
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Sisters of Mercy (Wodonga Land) Act 1987
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2. Table of Amendments
There are no amendments made to the Sisters of Mercy (Wodonga Land)
Act 1987 by Acts and subordinate instruments.
Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes