Victorian Legislation and Parliamentary Documentsi
Version No. 001
The Act No. 391 Amendment Act 1925
Act No. 3396/1925
Version as at 26 February 2003
TABLE OF PROVISIONS
Section Page
Short title and commencement 1
Power to Governor to amend or vary allowance under
Act No. 391 1
Form of application 2
Notice of application to be given by advertisement and by notice
to non-consenting trustees 2
Objections to application to be lodged 2
Form of amendment or variation 3
Trusts upon which trustees deemed to hold 3
Copy of Government Gazette containing amendment or variation
to be deposited with Registrar of Titles 3
Application of provisions of No. 391 s. 10 4
Provision for further applications 4
SCHEDULES 6
First Schedule 6
Second Schedule 7
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ENDNOTES 8
General Information 8
Table of Amendments 9
Explanatory Details 10
Victorian Legislation and Parliamentary Documents1
Version No. 001
The Act No. 391 Amendment Act 1925
Act No. 3396/1925
Version as at 26 February 2003
An Act to provide for the Amendment or Variation of
Allowances under the Act of the Parliament of Victoria
providing for the Abolition of State Aid to Religion and
Numbered 391 and for other purposes.
BE IT ENACTED by the King's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
Short title and commencement
This Act may be cited as the The Act No. 391
Amendment Act 1925 and shall be read and
construed as one with the Act of the Parliament of
Victoria numbered 391 (hereinafter called the
Principal Act).
Power to Governor to amend or vary allowance
under Act No. 391
The power conferred on the Governor by the
Principal Act to allow any application for leave to
dispose of any land to which the Principal Act
relates shall subject to this Act be construed as
including a power exercisable from time to time
and to the like extent and in the like manner and
subject to the like consent and conditions to
amend or vary any allowance made under the
Principal Act (whether before or after the
commencement of this Act) so far only as relates
to the powers of disposition and the purposes to
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The Act No. 391 Amendment Act 1925
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which proceeds of disposition are to be applied set
out in the statement of trusts contained in such
allowance.
3. Form of application
Every application to amend or vary any such
allowance shall be made in the form in the First
Schedule to this Act by and with the consent of
the like persons as are mentioned in section four
of the Principal Act.
4. Notice of application to be given by advertisement
and by notice to non-consenting trustees
Such application to amend or vary any such
allowance shall be lodged at the office of the
Minister and within one month from the time of
lodging the same the applicant shall give notice
thereof by advertising the same at length in the
Government Gazette and once in some newspaper
circulating in the neighbourhood of the land and
by serving a copy of the application upon any
trustee of the land resident in Victoria who has not
consented to such application.
5. Objections to application to be lodged
(1) Within one month from the publication of the last
advertisement any person may lodge objections to
the amendment or variation of the allowance at
the office of the Minister, and a copy of every
objection so lodged shall be forwarded by the
Minister to the applicant.
(2) If no objection has been lodged as aforesaid the
Governor shall amend or vary the allowance in
accordance with the application.
(3) If any objection has been lodged as aforesaid the
Governor—
(a) may if he deems it expedient refer any such
objection for the inquiry and report of any
s. 3
Section 1 - The Act No. 391 Amendment Act 1925 - The Act No. 391 Amendment Act 1925 | Zoe
Victorian Legislation and Parliamentary DocumentsAct No. 3396/1925
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person or persons appointed in that behalf by
the Governor;
(b) may amend or vary the allowance in
accordance with the application or may with
the consent of the applicant otherwise amend
or vary the allowance; or
(c) may refuse to amend or vary the allowance.
6. Form of amendment or variation
(1) Every amendment or variation of an allowance by
the Governor under this Act shall be made in the
form in the Second Schedule to this Act.
(2) Such amendment or variation shall be published in
the Government Gazette, and such publication
shall be conclusive evidence that all the provisions
of this Act in respect of the application for such
amendment or variation have been complied with.
7. Trusts upon which trustees deemed to hold
Upon the publication in the Government Gazette
of such amendment or variation as aforesaid the
trustees for the time being shall hold and be
deemed to hold the land upon the trusts set out in
the allowance as amended or varied pursuant to an
application under this Act.
8. Copy of Government Gazette containing
amendment or variation to be deposited with
Registrar of Titles
(1) If a certificate of title to the land included in an
allowance has been issued in accordance with an
application under the Principal Act prior to the
granting of an amendment or variation of such
allowance, then within fourteen days from the
publication in the Government Gazette of such
amendment or variation as aforesaid a copy of the
Government Gazette containing such amendment
or variation shall be deposited with and shall
s. 6
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thereafter be retained by the Registrar of Titles
under the provisions of section fifty-five of the
Transfer of Land Act 1915 as the document
declaring the trusts of the land described in the
relevant allowance under the provisions of the
Principal Act.
(2) If an application has not been made to the
Registrar of Titles for a certificate of title to the
land included in an allowance prior to the granting
of an amendment or variation of such allowance
then such amended or varied allowance shall take
effect as if the allowance as last amended or
varied were the original allowance under the
Principal Act, and upon application being made to
the Registrar of Titles unde the Principal Act for a
certificate of title copies of the Government
Gazettes containing respectively the original
allowance and the amendment or variation thereof
shall together be deposited with and shall
thereafter be retained by the Registrar of Titles
under the provisions of section fifty-five of the
Transfer of Land Act 1915 as the documents
declaring the trusts of the land as to which the
certificate issues.
9. Application of provisions of No. 391 s. 10
The provisions of section ten of the Principal Act
shall with such alterations modifications and
substitutions as are necessary extend and apply for
the purposes of this Act.
10. Provision for further applications
In the case where any allowance made under the
provisions of the Principal Act has been amended
or varied pursuant to the provisions of this Act
and any further application or applications for
amendment or variation of such allowance as so
amended or varied is or are made, then the
provisions of this Act shall take effect and apply
s. 9
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as if the allowance as last amended or varied were
the original allowance under the Principal Act.
s. 10
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SCHEDULES
FIRST SCHEDULE
Whereas by virtue of the powers conferred by the Act of the Parliament of
Victoria numbered 391 the Governor on the day of
in the year allowed an application for leave to dispose of the
land described in the said allowance: Now therefore I
head or authorized representative of the denomination known as
with the consent of [names of trustees] trustees of the said land and of [name
and address of persons so entitled, if any] being the person or persons
entitled to minister in or occupy a building or buildings upon the said land do
hereby apply to the Governor of the State of Victoria to amend or vary the
said allowance in manner hereinafter mentioned: And I certify—
That the only trustees of the said land resident in Victoria are [state names
and addresses of all resident trustees];
That the only buildings upon the said land are [state generally the nature of
all buildings on the land, or if none, state that there are none] and that the
only persons entitled to minister in or occupy the same are the above-named
[if there are no such persons state the fact and omit preceding reference to
the consent of such persons].
Signature of head or authorized representative—
We consent to this application—
Signatures of trustees—
Signatures of persons entitled to minister in or occupy building or
buildings—
Existing Statement of Trusts:
[Here set out from the existing Statement of Trusts––
(a) the powers of disposition; and
(b) the purposes to which proceeds of disposition are to be applied.]
Statement of amendments or variations of existing Statement of Trusts
hereby applied for––
[Here state particulars of any amendments or variations sought in the
powers or purposes aforesaid.]
Section 3.
Sch. 1
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SECOND SCHEDULE
An application having been made by the head or authorized representative of
the denomination of under the
provisions of The Act No. 391 Amendment Act 1925 for an amendment or
variation by the Governor of an allowance of the day of
in the year made under the provisions of
the said Act of the Parliament of Victoria numbered 391 the following is the
form of such amendment or variation [set out the powers of disposition or the
purposes to which proceeds of disposition are to be applied (or both) as
amended or varied].
As witness the hand of the Governor of the State of Victoria the
day of 19
Governor of the State of Victoria.
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Section 6.
Sch. 2
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ENDNOTES
General Information
The Act No. 391 Amendment Act 1925 was assented to on 21 September
1925 and came into operation on 21 September 1925.
Endnotes
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2. Table of Amendments
There are no amendments made to The Act No. 391 Amendment Act 1925
by Acts and subordinate instruments.
Endnotes
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The Act No. 391 Amendment Act 1925
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3. Explanatory Details
No entries at date of publication.
Endnotes