Version incorporating amendments as at
18 October 2012
table of provisions
Section Page
1 Short title and commencement 1
2 Repeal and savings 1
3 Trustees of temperance halls may lease lands 2
4 Trustees may borrow moneys on security of rents of lands 3
5 Assignment to be by deed 3
6 Debentures may be issued 3
7 Receiver 4
8 Receipts of trustees to discharge lessees 4
9 Power to make regulations with regard to trustees and committees 5
SCHEDULE—repeal 6
ENDNOTES 7
General Information 7
Table of Amendments 8
Explanatory Details 9
Version No.013
Temperance Halls Act 1958
No. 6392 of 1958
Version incorporating amendments as at
18 October 2012
An Act to consolidate the Law relating to the Demise of Certain Lands and Buildings by the Trustees of Temperance Halls and the Raising of Certain Loans by such Trustees.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title and commencement
This Act may be cited as the Temperance Halls Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2 Repeal and savings
(1) The Act mentioned in the Schedule to this Act to the extent thereby expressed to be repealed is hereby repealed accordingly.
(2) Except as in this Act expressly or by necessary implication provided—
(a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing thereunder immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Act had not been so repealed;
(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any regulation order recommendation appointment demise loan assignment deed debenture receipt petition liability or right made effected issued granted given presented accrued incurred or acquired or existing or continuing by or under such repealed Act before the commencement of this Act.
No. 3785 s. 3.
3 Trustees of temperance halls may lease lands
s. 3
Where any lands have been granted by the Governor in Council to trustees in trust that the same may be used as a site for a temperance hall with a provision in such grant against the alienation by such trustees of such land either in fee-simple or for any less estate or interest, the trustees for the time being of such land may on the recommendation of the committee of management at any time and from time to time notwithstanding the conditions provisoes and declarations in any such grant by the Governor in Council contained demise from year to year or for any term not exceeding twenty-one years any of such lands and any buildings and erections thereon which are not immediately required for the purpose of such temperance hall upon such terms and subject to such conditions and reservations in all respects as to the trustees seem fit; and the rents of any lands and buildings so demised shall be applied by such trustees in paying the interest due on any moneys borrowed by them under the authority of this Act or any corresponding previous enactment, or in repaying the principal moneys so borrowed or in and towards the erection of buildings for the purpose of a temperance hall or offices and conveniences connected therewith or generally for the purposes thereof on any such lands held by them.
No. 3785 s. 4.
4 Trustees may borrow moneys on security of rents of lands
s. 4
Any such trustees may for the purpose of erecting a temperance hall or offices and conveniences connected therewith on such lands or for any other purpose connected therewith borrow and take up moneys at interest on the credit of the rents of any lands or buildings demised by them under the authority of this Act or any corresponding previous enactment and for the purpose of securing the repayment of any moneys so to be borrowed by them and the payment of the interest thereon may assign over the rents of any lands and buildings demised by them under the authority of this Act or any such enactment to the person who lends or advances such moneys or his trustees as a security for the repayment of the money so to be borrowed together with interest for the same:
Provided that no money shall be so borrowed by any such trustees until the purpose to which it is proposed to apply the borrowed moneys and the amount to be borrowed have been approved by the Governor in Council, and any moneys so borrowed shall be applied to such purposes approved as aforesaid and to none other.
No. 3785 s. 5.
5 Assignment to be by deed
Such security may be by deed, in which the consideration shall be truly stated.
No. 3785 s. 6.
6 Debentures may be issued
Any moneys borrowed under the authority of this Act on the security of the rents of any lands or buildings as aforesaid may be raised by the issue of debentures payable to bearer with interest coupons annexed.
No. 3785 s. 7.
S. 7
amended by No. 110/1986 s. 140(2) (Sch.).
7 Receiver
s. 7
In default of payment of any principal moneys or interest secured by an assignment of any of such rents or due in respect of any debenture whether such assignment or debenture was made or issued before or after the commencement of this Act, the Supreme Court may on application by the person who has lent or advanced any such principal moneys or of his trustees or of the holder of any such debenture from time to time appoint some person or persons to be a receiver or receivers of the whole or portion of such rents so assigned or so much of any such rents coming to the trustees as are sufficient to pay any moneys due by way of principal or interest on any such debenture and may at any time remove any person so appointed.
Every such receiver shall be deemed an officer of and shall act under the direction of the Supreme Court, and shall be entitled to receive the whole or any portion of such rents so assigned or so much of any such rents coming to the trustees as is sufficient to pay any moneys due by way of principal or interest on any such debenture and to be paid such commission as and by way of remuneration as the Supreme Court directs.
Such receiver shall hold all such moneys received by him after payment of costs and expenses and of his commission for the benefit of the person who has lent or advanced such principal moneys or his trustees or of the holders of any such debenture as aforesaid (as the case may be).
No. 3785 s. 8.
8 Receipts of trustees to discharge lessees
The receipts of such trustees for the rents of any of the said lands shall be effectual discharges to lessees thereof, who shall be in no manner concerned to see to the application of the rents of any part thereof.
No person lending or advancing any money under the provisions of this Act shall be bound to see to the application or be answerable for the loss or misapplication thereof.
No. 3785 s. 9.
9 Power to make regulations with regard to trustees and committees
s. 9
The trustees and committee of management of any temperance hall in whom any land granted by the Crown is vested may from time to time subject to the approval of the Governor in Council make alter and repeal regulations for regulating the appointment election resignation and removal of trustees of the same, and for regulating the constitution and appointment or election of a committee or committees to conduct and manage such temperance hall and for defining the powers of any such committee or committees.
Section 2.
SCHEDULE
Sch.
Number of Act
Title of Act
Extent of Repeal
3785
Temperance Halls Act 1928
The whole
ENDNOTES
General Information
Endnotes
The Temperance Halls Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.
Table of Amendments
Endnotes
This Version incorporates amendments made to the Temperance Halls Act 1958 by Acts and subordinate instruments.