The Churches of Christ in Victoria Property Act 1941

This Act creates a single corporate trustee, The Properties Corporation of the Churches of Christ (the body corporate), and transfers specified church real property into that corporate entity with express statutory trusts and powers. Mechanically, the Act incorporates the body corporate (s 3), vests the parcels listed in the Second Schedule in the body corporate immediately on enactment (s 4; Sch 2), and provides a catch‑all effect for past and future donations, gifts and trusts previously made to the Churches of Christ in Victoria or predecessor committees so that they take effect as if made to the body corporate (s 6). The Register of Successory Trusts is to be closed as to the properties listed (s 4), and the Registrar of Titles is directed to register the body corporate as proprietor of any Transfer of Land registered property on application and payment of fees (s 5).

The Act sets out governance and appointment mechanics. Trustees (not more than seven) constitute the corporation (s 3(1)-(3)); the Conference of the Churches of Christ in Victoria (the Conference) appoints Trustees at annual general meetings (s 3(8)-(9)). The Act names the first Trustees and some initial officer allocations (s 12). It prescribes meeting quorums (s 3(7)), sealing and execution formalities (s 3(3)-(5)), and gives the Trustees power to make rules about internal governance (s 13) subject to Conference review (s 13(3)) and to executive revocation by the Governor in Council (s 14).

Substantively, the Act confers broad property powers on the corporation. The body corporate may purchase, hold, mortgage, charge, borrow against, sell, lease, let, exchange and otherwise deal with real and personal property (s 3(1); ss 18-19; First Schedule cll 1, 3-9, 18). It may act as trustee for committees and departments of Churches of Christ, accept appointments as trustee of church property (s 7-9), and may, with Conference direction, transfer property to persons named in a Conference resolution (s 10). The First Schedule elaborates powers of repair, raising finance by mortgage, sale and reinvestment, lending and investing, and practical administration of church property (Sch 1 cll 1-11). Trustees benefit from limited liability except for bad faith (s 15) and may deduct reimbursement of costs and expenses from trust funds (s 16).

Victorian Legislation and Parliamentary Documentsi Version No. 001 The Churches of Christ in Victoria Property Act 1941 Act No. 4818/1941 Version incorporating amendments as at 17 August 2001 TABLE OF PROVISIONS Section Page

Short title 4
Definitions 4
Incorporation 5
Vesting of property 8
Registration in Office of Titles 8
Vesting of donations etc. 8
Churches enabled to appoint corporation to act as trustee under existing trusts 9
Churches enabled to appoint corporation despite terms of trust deed 10
Power to body corporate to act as trustee for committees etc. of Churches 13
Power to body corporate to transfer to duly appointed representatives 13
Certificate by secretary to be prima facie evidence 13
First Trustees 14
Power to make rules 15
Power to revoke rules 16
Limitation of liability 16
Right of reimbursement 16
Power of amendment of trusts in First Schedule 16
Power to body corporate to borrow and mortgage or charge trust property 17
Power to body corporate to sell and convey trust property etc. 17
Protection of mortgagees purchasers etc. dealing with corporation 17

Victorian Legislation and Parliamentary DocumentsSection Page ii SCHEDULES 19 SCHEDULE 1 19 SCHEDULE 2 21 SCHEDULE 3 30 ═══════════════ ENDNOTES 31

General Information 31
Table of Amendments 32
Explanatory Details 33

Victorian Legislation and Parliamentary Documents1 Version No. 001 The Churches of Christ in Victoria Property Act 1941 Act No. 4818/1941 Version incorporating amendments as at 17 August 2001 An Act to incorporate by the Name of The Properties Corporation of the Churches of Christ the Trustees of certain Properties of the Churches of Christ in Victoria and to vest certain of the Properties of the said Churches in Victoria in such Corporation, and for other purposes. Preamble WHEREAS prior to the year One thousand nine hundred and thirteen an association called the "Churches of Christ in Victoria" had been formed and a committee known as the "Church Extension Committee" had been appointed to act as trustees for the Church property on behalf of such of the Churches of Christ in Victoria as might desire such Committee to act in such capacity and to acquire and hold all freehold or other property belonging to any such Church of Christ in Victoria: AND WHEREAS such Committee was under the control and supervision of the Conference of the Churches of Christ in Victoria: AND WHEREAS in the year One thousand nine hundred and thirteen the said Conference of the Churches of Christ in Victoria passed a resolution that all freehold and other property then held by the said Church Extension Committee or which might in the future be acquired by such Committee should be vested in trustees who should hold the same on the terms of a trust deed then about to be prepared which trust deed, when prepared, was to be submitted for approval to the next annual meeting of the Conference of the Churches of

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 2 Christ in Victoria and by such resolution the said Conference of the Churches of Christ in Victoria resolved that the first trustees of such proposed deed should be Robert Lyall, Charles Hardie, Alfred Millis, and William Cameron Craigie: AND WHEREAS pursuant to such resolution a Deed of Trust was duly prepared and submitted to the Annual Conference of the Churches of Christ in Victoria held in the year One thousand nine hundred and fourteen: AND WHEREAS by a resolution of the said Conference of the Churches of Christ in Victoria duly passed on the eleventh day of April One thousand nine hundred and fourteen the said Conference duly approved the said Deed of Trust: AND WHEREAS the said Deed of Trust was on the twentieth day of May One thousand nine hundred and fourteen duly executed by the said Robert Lyall, Charles Hardie, Alfred Millis, and William Cameron Craigie and the same bears such date: AND WHEREAS by the said Deed of Trust the said Robert Lyall, Charles Hardie, Alfred Millis, and William Cameron Craigie declared that they had not nor had any of them ever had any beneficial estate or interest whatsoever in the lands set forth in the Schedule thereto and that the same and all other lands which might be vested in them upon the trusts thereof would be held by them upon the trusts and with the powers therein set forth and declared: AND WHEREAS pursuant to Application No. 539 the trusts declared by the said Deed of Trust were on the twenty-ninth day of September One thousand nine hundred and fifteen registered in the Office of the Registrar of Titles of the State of Victoria as a Successory Trust under Part III of the Trusts Act 1915 and the same is now a Successory Trust under Part II of the Religious Successory and Charitable Trusts Act 1928: Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 3 AND WHEREAS by a supplementary Deed of Trust dated the eighteenth day of June One thousand nine hundred and twenty-six the then trustees of the said Successory Trust in exercise of the power in that behalf conferred upon them by the hereinbefore recited Deed of Trust altered the trusts of such last-mentioned Deed of Trust and declared that the maximum number of trustees should be increased from five to seven: AND WHEREAS by a resolution of the Conference of the Churches of Christ in Victoria duly passed on the eleventh day of April One thousand nine hundred and twenty-five the name of the said Church Extension Committee was changed to the "Church Extension Properties Trusts and Bequests Committee": AND WHEREAS the Second Schedule to this Act contains a list of all real property now held by the present trustees of the said Successory Trust upon the trusts set forth in the said Deed of Trust dated the twentieth day of May One thousand nine hundred and fourteen as altered by the said Supplementary Deed of Trust dated the eighteenth day of June One thousand nine hundred and twenty-six: AND WHEREAS it is expedient that a body should be incorporated by the name of "The Properties Corporation of the Churches of Christ" to perform the trusts heretofore performed by the said Church Extension Properties Trusts and Bequests Committee and the trusts provided for in this Act and that all real property held upon the trusts declared by the said Deed of Trust dated the twentieth day of May One thousand nine hundred and fourteen as altered by the said Supplementary Deed of Trust dated the eighteenth day of June One thousand nine hundred and twenty-six should be held by the body corporate upon the trusts set forth in the First Schedule to this Act and that the body corporate should have the powers rights and authorities hereinafter conferred on it: Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 4 AND WHEREAS the said Church Extension Committee or the said Church Extension Properties Trusts and Bequests Committee is or may be named as a beneficiary or cestui-que-trust in, and has or may have powers duties and privileges conferred on it by wills, declarations of trusts, deeds, contracts, and other assurances and agreements: AND WHEREAS to remove doubts it is desirable to provide that such wills, declarations of trusts, deeds, contracts, and other assurances and agreements shall take effect as if the same were executed entered into or made by with to or in favour of the body corporate: BE IT THEREFORE 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 This Act may be cited as The Churches of Christ in Victoria Property Act 1941.
Definitions In this Act unless inconsistent with the context or subject-matter— "Conference" means the Conference of the Churches of Christ in Victoria acting for the time being under its constitution; "rules" means the rules made by the body corporate pursuant to this Act; "the body corporate" means The Properties Corporation of the Churches of Christ as incorporated by this Act; s. 1

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 5 "Trustees" (except in sections seven and eight) means the persons who are for the time being the Trustees constituting the body corporate. 3. Incorporation (1) There shall be a body corporate by the name of "The Properties Corporation of the Churches of Christ" consisting of the Trustees appointed by or under this Act; and the body corporate shall have perpetual succession and a common seal and under that name may sue and be sued prosecute and defend and take and suffer all other proceedings in all courts civil or criminal and it shall be lawful for the body corporate to take purchase receive hold and enjoy real and personal property of any description whatsoever and also to sell grant exchange convey demise reserve or grant easements over or otherwise dispose of or deal with either absolutely or by way of mortgage charge lien or other encumbrance any of the property real or personal which may at any time belong to the body corporate and generally to exercise subject to the provisions of this Act all powers incidental to a body corporate. (2) The number of Trustees shall be not more than seven. (3) The Trustees for the time being shall have the custody of the common seal of the body corporate and the form of such seal and all other matters relating thereto shall from time to time be determined at a meeting of the Trustees. (4) The common seal of the body corporate shall not be affixed to any document except by the authority of a resolution of the Trustees and the affixing of the seal shall be attested by at least two of the Trustees or in such other way as the Trustees from time to time appoint and such s. 3

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 6 attestation shall be sufficient evidence of the authority to affix the seal. (5) The production of a document which purports to be executed in accordance with the requirements of sub-section (4) of this section shall in all cases be prima facie evidence, and in favour of the Crown, the Registrar-General, the Registrar of Titles, and every person who deals for value with the Trustees be conclusive evidence, that such document was executed in accordance with the requirements of the said sub-section. (6) The Trustees or such number thereof as are prescribed by the rules acting in pursuance of a resolution of the Trustees may exercise any power conferred by this Act on the Trustees or the body corporate. (7) At a meeting of the Trustees unless otherwise provided by the rules three shall form a quorum. (8) The six persons declared by this Act to be the first Trustees shall hold office as such until the first annual general meeting of the Conference following the date of the passing of this Act when they shall retire and Trustees shall thereupon be appointed by the Conference the retiring Trustees being eligible for re-election. Save as aforesaid every Trustee shall hold office until his office is vacated pursuant to sub-section (10) hereof or until his office is declared vacant by a resolution duly passed at a general meeting of the Conference. (9) Subject to the next succeeding sub-section the power of appointing Trustees to hold office under this Act shall be vested in the Conference to be exercised by it only at an annual general meeting. s. 3

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 7 (10) If any Trustee dies or resigns by letter under his hand addressed to the Chairman for the time being of the Trustees or becomes bankrupt or compounds with his creditors or is convicted of any indictable offence or any offence for which he is sentenced to imprisonment or is absent for four consecutive meetings of the Trustees without leave of the Trustees or ceases to be a member of some Church of Christ in Victoria his office shall become vacant and the remaining Trustees may declare his office vacant and temporarily appoint a member of some Church of Christ in Victoria to fill such vacancy until the next annual general meeting of the Conference when the person thus temporarily appointed shall retire; but the continuing or surviving Trustees may act notwithstanding vacancies from any cause. No act or acts of the Trustees shall be rendered invalid by reason of the incapacity of any of the members. (11) If at the first annual general meeting of the Conference following the date of the passing of this Act the Conference fails to elect the persons to be Trustees as provided in sub-section (8) hereof then the six original Trustees appointed by this Act shall continue to act as Trustees as though they were Trustees duly appointed by the Conference and if at any annual general meeting of the Conference the Conference fails to elect a person to be a Trustee to fill any vacancy temporarily filled by the Trustees pursuant to the power in that behalf conferred by sub-section (10) hereof then the Trustee appointed by the Trustees shall continue to act until the next annual general meeting of the Conference. s. 3

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 8 4. Vesting of property Immediately after the passing of this Act all real property set forth in the Second Schedule to this Act shall vest in the body corporate for an estate in fee simple without the necessity for any conveyance transfer or other assurance of such property and all such real property shall subject to the provisions of this Act be held upon the trusts set out in the First Schedule to this Act and the Register of Successory Trusts shall thereupon as to such real property be closed and the Registrar of Titles shall upon production to him of any documents of title indorsed under section sixteen of the Religious Successory and Charitable Trusts Act 1928 cancel such indorsement. 5. Registration in Office of Titles Where any property vested in the body corporate under or by virtue of this Act consists of property registered under the Transfer of Land Act 1958 the Registrar of Titles on application to him in that behalf and proof to his satisfaction of the facts relating thereto and on payment of the proper fees shall give effect in the Register to such vesting by registering the body corporate as the proprietor of such property. 6. Vesting of donations etc. Every donation gift disposition and trust of property real or personal lawfully made or declared before or after the passing of this Act by deed will codicil or otherwise to or in favour of the Churches of Christ in Victoria or to or in favour of the Church Extension Committee of the Churches of Christ in Victoria or the Church Extension Properties Trusts and Bequests Committee of the Churches of Christ in Victoria or to the members or trustees thereof respectively or any person or persons or corporation for or on s. 4 S. 5 amended by No. 18/1989 s. 13(Sch. 2 item 15(a)(i) (ii)).

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 9 behalf of or upon trust for the Churches of Christ in Victoria or for or on behalf of or upon trust for the said Church Extension Committee or the said Church Extension Properties Trusts and Bequests Committee of the Churches of Christ in Victoria shall take effect as if the same had been made to or in favour of or for or on behalf of or upon trusts for the body corporate to be held by it upon the trusts (if any) declared by such deed will codicil or otherwise but so far as such trusts (if any) do not extend to or are not inconsistent with the trusts set forth in the First Schedule to this Act the same shall be held upon the last-mentioned trusts. 7. Churches enabled to appoint corporation to act as trustee under existing trusts It shall be lawful for the trustee (if only one) or the trustees (if more than one) of any Church of Christ in Victoria or the members of any such Church in all cases with the consent of the body corporate to appoint the body corporate to act as trustee of any real or personal property held by such trustee or trustees or held on behalf of such members and upon acceptance by the body corporate of any such appointment the real or personal property shall be transferred conveyed assigned or otherwise assured to the body corporate and such real or personal property shall thenceforth be held upon the same trusts as those upon which such property was previously held but so far as such trusts do not extend to or are not inconsistent with the trusts set forth in the First Schedule to this Act such property shall be held by the body corporate upon such last-mentioned trusts. s. 7

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 10 8. Churches enabled to appoint corporation despite terms of trust deed (1) It shall be lawful for the trustee (if only one) or the trustees (if more than one) of any Church of Christ in Victoria or a majority of such trustees or for the members or a majority of the members for the time being of any such Church to convene (in the manner hereinafter provided) a special meeting of the members of the Church of which he or they is or are the duly elected trustee or trustees or a majority of such trustees or of which they are the members or a majority of the members, and at such meeting the members of such Church shall elect one of their number present to be chairman of the said meeting and any member present may at such special meeting propose a motion in the form set out in the Third Schedule to this Act and the Chairman if such motion is duly seconded shall after discussion thereon put the motion to the vote of the members of such Church present at such meeting and the motion shall be deemed carried if two-thirds of the members present and voting vote in favour of the motion. (2) A special meeting of the members of a Church of Christ convened as aforesaid shall be convened by public notice specifying the time place and purpose thereof given in the Chapel or building which may for the time being be used by the said members for the purpose of Divine Worship such notice to be given once at each Divine Service on each of the two Sundays next preceding such meeting at the usual time for giving notices during Divine Service: Provided that if at any time or from any cause the said Chapel or building is wholly or in part destroyed or damaged to such an extent as to render it unsafe or undesirable to occupy the same s. 8

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 11 for the purpose of worship or if there is no Chapel or building used by the said members for Divine Worship then and in any such case it shall be competent to give notice of such meeting setting forth the time place and purpose thereof by the publication of such notice upon at least the next six days immediately preceding the holding of such meeting (such six days to be exclusive of any Sunday) in one daily newspaper circulating in the district in which the Church property is situated. (3) The only persons entitled to propose or second any motion or to vote at any such special meeting shall be those persons who have been members of the Church for at least the preceding six months and have attained the age of twenty-one years and have been present at the Communion of the said Church or the Lord's Table once at least during the preceding three months. (4) If the said motion is carried as aforesaid then it shall be lawful for (but not obligatory upon) the body corporate to accept a transfer conveyance assignment or other assurance of any real or personal property held in trust for or belonging to any such Church of Christ from the trustee or trustees or any member or members of any such Church of Christ or from any other person or persons entitled or able to transfer convey assign or otherwise assure such real or personal property and upon such acceptance and completion of such transfer conveyance assignment or other assurance (and if necessary upon registration of the same) the body corporate shall hold such real or personal property upon the trusts declared in the First Schedule to this Act notwithstanding that such real or personal property may have previously been held upon some other trust or trusts. s. 8

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 12 (5) If the said motion is carried as aforesaid and if the body corporate is willing to accept a transfer conveyance assignment or other assurance as aforesaid but— (a) the person or persons in whom the real or personal property is for the time being vested refuses or refuse or for a period of one calendar month after being requested in writing fails or fail to execute and deliver such transfer conveyance assignment or other assurance to the body corporate; or (b) any such person or persons in the opinion of the chairman for the time being of the Trustees for the time being constituting the body corporate is or are dead or unable to be found or absent from Victoria— then in any of such events the said chairman may execute such transfer conveyance assignment or other assurance in lieu of such person or persons: Provided always that the execution by such chairman of a transfer conveyance assignment or other assurance under any of the circumstances aforesaid shall be as valid and effectual for all purposes as if the same had been executed by the person or persons refusing or failing to execute and deliver such transfer conveyance assignment or other assurance or being dead unable to be found of absent from Victoria as aforesaid and the mere fact or execution by such Chairman shall be conclusive proof for all purposes that all matters and conditions preliminary to such execution by him as required by this section have duly occurred or have been duly complied with. s. 8

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 13 9. Power to body corporate to act as trustee for committees etc. of Churches It shall be lawful for the body corporate to act as trustee in respect of any real or personal property for or on behalf of any committee organization or department of Churches of Christ in Victoria or of any Church of Christ in Victoria or for or on behalf of the Federal Conference of Churches of Christ in Australia. 10. Power to body corporate to transfer to duly appointed representatives It shall be lawful for the body corporate at any time with the direction and consent of the Conference and subject to any conditions determined by the Conference (which direction consent and conditions shall be verified by a resolution duly passed by the Conference) to transfer convey assign or otherwise assure to the persons named in such resolution any property (real or personal) for the time being subject to the trusts declared by this Act but any such property shall only be transferred conveyed assigned or otherwise assured subject to any mortgage charge liability or debt then existing thereon or affecting the same; and after any such transfer conveyance assignment or assurance the property so transferred conveyed assigned or assured shall be freed and discharged from the trusts declared by this Act. 11. Certificate by secretary to be prima facie evidence A certificate by any person purporting to act as secretary of the body corporate stating that— (a) any person is a Trustee as defined in this Act; s. 9

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 14 (b) any real or personal property is held by the body corporate upon the trusts set forth in the First Schedule to this Act or is held on trusts other than the trusts set forth in the said First Schedule; or (c) the statement of trusts set out in the First Schedule to this Act has in accordance with the provisions of section seventeen of this Act been altered modified amended or added to in the manner set out in the certificate— shall be prima facie evidence of the facts so stated. 12. First Trustees (1) The first Trustees are hereby declared to be the following persons who shall hold the offices hereinafter mentioned: Chairman Robert Lyall Treasurer Robert Lyall Secretary Richard Enniss Members      John Edwin Austin James McGregor Abercrombie George Leslie Murray Frederick Norman Lee (2) Save as aforesaid the chairman treasurer and secretary of the body corporate shall be appointed from the Trustees by the Conference and in default of or pending any such appointment by Conference shall be elected by the Trustees. (3) Any of the Trustees may without vacating his office as Trustee retire from the office of chairman or treasurer or secretary of the body corporate or from more than one of such offices if he holds more than one. s. 12

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 15 13. Power to make rules (1) The body corporate may from time to time make amend or revoke rules for or with respect to any or all of the following purposes— (a) the regulation of the proceedings of the body corporate or any committee thereof and (without restricting the generality of this paragraph) provision for a quorum or for a casting vote in case of equality of votes; (b) the appointment of committees and the election of members to serve thereon; (c) the carrying on of the duties of the body corporate or of any committee in the event of the absence of a quorum at any meeting or the failure to elect the members or any of the members of any committee or any officer of the body corporate; (d) prescribing the duties of any committee or officer; (e) the method of calling meetings and the manner of giving notice of meetings to members; (f) the custody of the common seal of the body corporate; and (g) generally all matters whatsoever affecting the management of the body corporate not inconsistent with the laws of Victoria. (2) No such rules shall be of any force or effect unless the same are passed at a general meeting of the Trustees, the notice of which meeting shall contain a statement that such rules will be considered at the meeting. (3) The Conference at any annual general meeting may by resolution rescind any such rule. s. 13

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 16 14. Power to revoke rules The Governor in Council may by Order at any time revoke any such rule and every Order by which any such rule is revoked shall be published in the Government Gazette and shall take effect from the time of such publication. 15. Limitation of liability No Trustee shall except in the case of bad faith be liable or accountable for any acts matters or things done or omitted to be done by such Trustee in about or in connexion with the carrying out of the rights powers or authorities conferred by this Act. 16. Right of reimbursement Every Trustee shall be entitled to deduct and retain and also to allow his co-trustees to deduct and retain out of any moneys or effects coming to his hands by virtue of his office as a Trustee all costs charges and expenses of and incidental to the trusts herein declared. 17. Power of amendment of trusts in First Schedule (1) The statement of the trusts set out in the First Schedule to this Act may at any time and from time to time be altered modified amended or added to by the body corporate by resolution duly passed at a general meeting of the Trustees, the notice of which meeting shall contain a statement that such alteration modification amendment or addition will be considered at the meeting, but no such alteration modification amendment or addition shall have any effect until it is ratified by a resolution of the Conference duly passed at an annual general meeting. (2) When the statement of the trusts set out in the First Schedule to this Act is effectively altered modified amended or added to in accordance with the provisions of the last preceding sub-section, s. 14

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 17 the said First Schedule shall be read and construed and take effect as so altered modified amended or added to. 18. Power to body corporate to borrow and mortgage or charge trust property The body corporate may from time to time borrow or secure the payment of any sum or sums of money and for that purpose may mortgage or charge all or any real or personal property for the time being vested in it. 19. Power to body corporate to sell and convey trust property etc. The body corporate may from time to time sell the whole or any part of any real or personal property for the time being vested in it or any interest therein or easement relating thereto by public auction or private contract as the Trustees deem expedient at such price and upon such terms as to payment of purchase money and on such conditions and subject to such restrictive covenants and generally in such manner as they think fit and may convey transfer or assign the same or any part thereof to the purchaser or purchasers thereof or as he or they directs or direct and the property so conveyed transferred or assigned shall thereupon be absolutely freed and discharged from the trusts affecting the same. Nothing in section ten of this Act shall be deemed to limit or affect the operation of this section. 20. Protection of mortgagees purchasers etc. dealing with corporation (1) The receipt in writing of the Trustees or of the body corporate or of any person or persons authorized by them or it in writing to receive the same for the mortgage moneys raised on any property mortgaged by the body corporate or for s. 18

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 18 the purchase money of any property sold under this Act or for any other moneys payable to the Trustees or the body corporate shall exonerate the mortgagee the purchaser and any other person paying such moneys as aforesaid 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 sale lease or other dealing whatsoever. (2) This section shall be read in aid of and not in derogation from any other protection afforded to any such mortgagee purchaser or person by any other Act now or hereafter in force.

s. 20

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 19 SCHEDULES FIRST SCHEDULE

To erect or permit to be erected upon all or any pieces of land subject to the trusts declared in this Act or any part of such land a church chapel or other place of religious worship or religious teaching or any other buildings erections and improvements.
To permit and suffer any such church chapel or place of religious worship or religious teaching or other buildings erections and improvements with the appurtenances to be used occupied and enjoyed as and for a place of religious worship or religious teaching by a congregation of the religious body known as the Churches of Christ in Victoria and for public meetings and services held according to the general rules and usages for the time being of the Churches of Christ in Victoria and for Sunday or other school purposes and for such other purposes as may from time to time be determined by the body corporate. The congregation of any church may be allowed to manage its own internal affairs.
To repair alter enlarge take down rebuild or otherwise deal with the buildings erections or improvements for the time being standing on any land for the time being subject to the trusts declared in this Act or permit the same to be repaired altered enlarged taken down rebuilt or otherwise dealt with so as to render the same better adapted for the purposes thereof and to erect or permit the erection of additional buildings erections or improvements.
To raise by mortgage of any land or property subject to the trusts declared in this Act or by a deposit of the title deeds thereof or in any other manner whatsoever with or without giving security such sum or sums of money as the body corporate may think fit for all or any of the purposes of the trusts declared herein or for paying off any debts or liabilities or for the benefit of the church property in question.
To sell and dispose of any piece of land church or chapel place of religious worship or religious teaching building erection or improvement or any estate or interest in the same respectively or any hereditaments or premises or any part or parts of the same respectively either by public auction or private contract and together or in parcels and either at one and the same time or at different times for such purposes and on such conditions and subject to such restrictive covenants and in such manner as the body corporate shall think fit or to exchange the same or any part thereof respectively for any other hereditaments of freehold tenure and pay or receive any money (if any be payable or receivable) by way of equality of exchange with power to Preamble, sections 4, 6–8, 11, 17. Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 20 grant reserve and create easements of any nature whatsoever and to transfer convey and assure the land hereditaments and premises sold disposed of or exchanged to the purchaser or purchasers thereof or as he she or they may direct and absolutely discharged from this Act and the trusts hereby declared. The body corporate shall apply the money to arise from any such sale disposition or exchange as aforesaid so far as the same shall extend to the discharge of all encumbrances liabilities and responsibilities (whether personal or otherwise) lawfully contracted in respect of the said land hereditaments or premises and subject thereto for such purposes of the Churches of Christ in Victoria as the body corporate may decide. 6. To purchase or otherwise acquire such real and personal property and premises as the body corporate may consider suitable for the purposes of the Churches of Christ in Victoria either for cash or upon terms and secure the purchase money or any part thereof by mortgage or overdraft or otherwise as the body corporate may think fit. 7. To hold any lands hereditaments or premises taken in exchange purchased or otherwise acquired by the body corporate and all buildings erected thereon upon the same trusts and with and subject to the same powers and provisions as are hereby declared. 8. To let or demise for any period any piece of land buildings hereditaments or premises subject to these trusts or any part thereof and make arrangements with tenants and others and to accept surrenders of leases or tenancies. 9. To manage and repair and insure houses buildings and erections and do all such acts as may be desirable for the benefit of any property subject to these trusts. 10. The body corporate may pay any money which it is authorized by this Act or these trusts to pay or expend upon any church property for the time being subject to these trusts to the Treasurer for the time being of the congregation of such Church of Christ and the receipt of such Treasurer shall be a sufficient discharge to the body corporate which shall not be liable to see to the application or responsible for the loss or misapplication of any moneys so paid. 11. The body corporate may invest any moneys which may come under its control in such manner with or without security as it shall consider desirable and in particular but without limiting the generality of the foregoing may advance money to the Trustees of any church property belonging to or used by a congregation of a Church of Christ in Victoria either upon security of the said church property or part thereof or upon any other security or without any security.

Sch. 1

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 21 SECOND SCHEDULE Ararat All that piece of land being Crown allotment 9, section 6, town and parish of Ararat, county of Ripon, being the land comprised in folio of the Register, volume 4058, folio 811445. Ascot Vale All that piece of land being part of Crown portion 3 at Ascot Vale, parish of Doutta Galla, county of Bourke, being the land comprised in folio of the Register, volume 2400, folio 479891. Ascot Vale All that piece of land being part of Crown portion 3 at Ascot Vale, parish of Doutta Galla, county of Bourke, being the land comprised in folio of the Register, volume 3969, folio 793647. Balwyn All that piece of land being part of Elgars Crown Special Survey, parish of Boroondara, county of Bourke, being the land comprised in folio of the Register, volume 1675, folio 334964. Bendigo All that piece of land being allotment 5 of section 127C in the city of Sandhurst, county of Bendigo, and being the land comprised in folio of the Register, volume 1260, folio 251964. Berwick All that piece of land being part of Crown section 18, parish of Berwick, county of Mornington, being the land comprised in folio of the Register, volume 5744, folio 1148618. Berwick All that piece of land being part of Crown section 18, parish of Berwick, county of Mornington, being the land comprised in folio of the Register, volume 2070, folio 413847. Bet Bet All that piece of land being so much and such part as lies above the depth of one hundred feet below the surface of allotment 1 of section 9 in the township of Bet Bet, parish of Bet Bet, county of Talbot, being the land comprised in folio of the Register, volume 2159, folio 431601. Preamble, section 4. Sch. 2 amended by No. 18/1989 s. 13(Sch. 2 item 15(b) (i)(ii)) (as amended by No. 48/1991 s. 70(c)(ii)). Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 22 Blackburn All that piece of land being lots 84 and 85 on plan of subdivision No. 3051 lodged in the Office of Titles and being part of Crown portions 82 and 82A, parish of Nunawading, county of Bourke, being the land comprised in folio of the Register, volume 3213, folio 642561. Box Hill All that piece of land being part of Crown allotment 16, parish of Nunawading, county of Bourke, being the land comprised in folio of the Register, volume 2148, folio 429580. Brim All that piece of land being the surface and down to the depth of fifty feet below the surface of allotment 6 of section 3 in the township of Brim, parish of Batchica, county of Borung, being the land comprised in folio of the Register, volume 2483, folio 496417. Brim All that piece of land being the surface and down to the depth of fifty feet below the surface of allotment 8 of section 3 in the township of Brim, parish of Batchica, county of Borung, being the land comprised in folio of the Register, volume 2522, folio 504287. Broadmeadows Two equal undivided third parts or shares in all that piece of land being Crown allotment 10, section 27, township of Broadmeadows, parish of Will Will Rook, county of Bourke, and being the whole of the land comprised in folio of the Register, volume 3662, folio 732271. Broadmeadows One equal undivided third part or share in all that piece of land being Crown allotment 10, section 27, township of Broadmeadows, parish of Will Will Rook, county of Bourke, and being the whole of the land comprised in folio of the Register, volume 3662, folio 732272. Brunswick All that piece of land being part of Crown portion 99, parish of Jika Jika, county of Bourke, being the land comprised in folio of the Register, volume 1837, folio 367254. Brunswick West All that piece of land being part of lots 6 and 7, Block B on plan of subdivision No. 380 lodged in the Office of Titles and being part of Crown portion 127, parish of Jika Jika, county of Bourke, being the land comprised in folio of the Register, volume 2865, folio 572984. Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 23 Chelsea All that piece of land being lot 48, Block B on plan of subdivision No. 6311 lodged in the Office of Titles and being part of Crown allotment 143, parish of Lyndhurst, county of Mornington, being the land comprised in folio of the Register, volume 4722, folio 944382. Colac All that piece of land being part of lots 2 and 3 on plan of subdivision No. 1726 lodged in the Office of Titles and being part of Crown allotment 9, section 8, township and parish of Colac, county of Polwarth, being the land comprised in folio of the Register, volume 3524, folio 704707. Colac All that piece of land being part of lot 2 on plan of subdivision No. 1726 lodged in the Office of Titles and being part of Crown allotment 9, section 8, township and parish of Colac, county of Polwarth, being the land comprised in folio of the Register, volume 6104, folio 1220797. Dimboola All that piece of land being lot 2 on plan of subdivision No. 8479 lodged in the Office of Titles and being part of Crown allotment 32, section B, parish of Dimboola, county of Borung, and being the land comprised in folio of the Register, volume 6137, folio 1227201. Doncaster East All that piece of land being lot 63 on plan of subdivision No. 12033 lodged in the Office of Titles and being part of Crown portion C, section 7, parish of Bulleen, county of Bourke, and being the land comprised in folio of the Register, volume 5955, folio 1190820. Doncaster East All that piece of land being lot 62 on plan of subdivision No. 12033 lodged in the Office of Titles and being part of Crown portion C, section 7, parish of Bulleen, county of Bourke, being the land comprised in folio of the Register, volume 5279, folio 1055678. Drummond All that piece of land being part of Crown allotment 6, section 3, parish of Bourke, county of Talbot, and being the land comprised in folio of the Register, volume 4082, folio 816317. Emerald All that piece of land being the surface and down to the depth of fifty feet below the surface of allotment 4L, section A in the township of Emerald, parish of Gembrook, county of Mornington, being the land comprised in folio of the Register, volume 3871, folio 774162. Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 24 Emerald All that piece of land being the surface and down to the depth of fifty feet below the surface of allotment 4M, section A in the township of Emerald, parish of Gembrook, county of Mornington, being the land comprised in folio of the Register, volume 3965, folio 792816. Essendon North All that piece of land being part of Crown allotment 18, section 16, parish of Doutta Galla, county of Bourke, being the land comprised in folio of the Register, volume 4001, folio 800131. Frankston All that piece of land being lot 22 and part of lot 23 on plan of subdivision No. 8386 lodged in the Office of Titles and being part of Crown allotment 7, section B, parish of Frankston, county of Mornington, being the land comprised in folio of the Register, volume 6241, folio 1248115. Geelong All that piece or parcel of land in the State of Victoria situate in the county of Grant, parish of Corio, and being allotment 5 of section 50, North Geelong, being the land more particularly described in Indenture of Conveyance, registered No. 618, book 494. Geelong North All that piece of land being lot 80 on plan of subdivision No. 5507 lodged in the Office of Titles and being part of Crown allotment 63 at North Geelong, parish of Moorpanyal, county of Grant, being the land comprised in folio of the Register, volume 4688, folio 937423. Hartwell All that piece of land being lot 25 on plan of subdivision No. 6895 lodged in the Office of Titles and being part of Crown portion 148 at Burwood, parish of Boroondara, county of Bourke, being the land comprised in folio of the Register, volume 4457, folio 891289. Horsham All that piece of land being part of Crown allotment 8, section 2, at Horsham, parish of Horsham, county of Borung, being the land comprised in folio of the Register, volume 3996, folio 799055. Horsham All that piece of land being part of Crown allotment 9, section 6, town and parish of Horsham, county of Borung, being the land comprised in the folio of the Register, volume 4731, folio 946170. Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 25 Kaniva All that piece of land being allotment 8 of section 4 in the township of Kaniva, parish of Kaniva, county of Lowan, being the land comprised in the folio of the Register, volume 2420, folio 483864. Kaniva All that piece of land being part of Crown allotment 6, section 10, township and parish of Kaniva, county of Lowan, being the land comprised in the folio of the Register, volume 5760, folio 1151860. Kaniva All that piece of land being allotment 9 of section 4 in the township of Kaniva, parish of Kaniva, county of Lowan, being the land comprised in the folio of the Register, volume 2420, folio 483884. Kaniva All that piece of land being the surface and down to the depth of fifty feet below the surface of allotment 7 of section 10 in the township of Kaniva, parish of Kaniva, county of Lowan, being the land comprised in the folio of the Register, volume 3153, folio 630576. Kew East All that piece of land being lot 15 on plan of subdivision No. 7051 lodged in the Office of Titles and being part of Crown portion 89 at Kew, parish of Boroondara, county of Bourke, being the land comprised in the folio of the Register, volume 4614, folio 922641. Kew East All that piece of land being part of Crown portion 88 at Kew, parish of Boroondara, county of Bourke, being the land comprised in folio of the Register, volume 4867, folio 973292. Kyneton All that allotment or parcel of land in the State of Victoria situate in the county of Dalhousie, parish of Kyneton, being allotment 7, section 4, Kyneton, being the land more particularly described in Indenture of Conveyance, registered No. 458, book 476. Malvern All that piece of land being part of Crown portion 56 at Gardiner, parish of Prahran, county of Bourke, being the land comprised in the folio of the Register, volume 2049, folio 409702. Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 26 Merbein All that piece of land in the Mallee country being the surface and down to the depth of fifty feet below the surface of allotment 6 of section 1 in the township of Merbein, parish of Merbein, county of Karkarooc, being the land comprised in the folio of the Register, volume 5046, folio 1009168. Minyip All that piece of land being part of Crown allotments 8 and 10, section 16, town of Minyip, parish of Nullan, county of Borung, being the land comprised in the folio of the Register, volume 5085, folio 1016981. Newmarket All that piece of land being part of Crown allotment 15, section 4 at Flemington, parish of Doutta Galla, county of Bourke, and being the land comprised in the folio of the Register, volume 3038, folio 607532. Newmarket All that piece of land being part of Crown allotment 15, section 4, parish of Doutta Galla, county of Bourke, being the land comprised in the folio of the Register, volume 4293, folio 858550. Noble Park All that piece of land being lot 156 on plan of subdivision No. 6156 lodged in the Office of Titles and being part of Crown portion 22, parish of Dandenong, county of Bourke, being the land comprised in the folio of the Register, volume 5918, folio 1183542. Ormond All that piece of land being lot 22 on plan of subdivision No. 6315 lodged in the Office of Titles and being part of Crown portion 73, parish of Prahran East of Elsternwick, county of Bourke, being the land comprised in folio of the Register, volume 3941, folio 788046. Pakenham All that piece of land being part of lot 5 on plan of subdivision No. 1932 lodged in the Office of Titles and being part of Crown portion 43, parish of Nar-nar-goon, county of Mornington, being the land comprised in the folio of the Register, volume 2500, folio 499848. Parkdale All that piece of land being lot 9 on plan of subdivision No. 4843 lodged in the Office of Titles and being part of Crown allotment 17, section 24, parish of Mordialloc, county of Bourke, being the land comprised in the folio of the Register, volume 3428, folio 685442. Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 27 Preston West All that piece of land being part of Crown portion 147, parish of Jika Jika, county of Bourke, being the land comprised in folio of the Register, volume 5879, folio 1175776. Pyramid Hill All that piece of land being part of Crown allotment 1A, parish of Mincha West, county of Gunbower, and being the land comprised in the folio of the Register, volume 5003, folio 1000507. Redcliffs All that piece of land in the Mallee country being the surface and down to the depth of fifty feet below the surface of allotment 32 of section 7 at Redcliffs in the parish of Mildura, county of Karkarooc, and being the land comprised in the folio of the Register, volume 4932, folio 986216. Reservoir All that piece of land being lot 389 on plan of subdivision No. 7180 lodged in the Office of Titles and being part of Crown portion 12, parish of Keelbundora, county of Bourke, being the land comprised in the folio of the Register, volume 5023, folio 1004576. Ringwood All that piece of land being lot 11 and part of lot 10 on plan of subdivision No. 2216 lodged in the Office of Titles and being part of Crown allotment 17D, parish of Ringwood, county of Mornington, being the land comprised in the folio of the Register, volume 4465, folio 892908. Shepparton All that piece of land being part of Crown allotment 3H, section 23, town and parish of Shepparton, county of Moira, being the land comprised in the folio of the Register, volume 2378, folio 475494. Stawell All that piece of land being Crown allotment 12, section 34, within the borough and parish of Stawell, county of Borung, and being the land comprised in the folio of the Register, volume 913, folio 182537. St. Arnaud All that piece of land being part of Crown allotment 11, section N, town and parish of St. Arnaud, county of Kara Kara, and being the land comprised in folio of the Register, volume 5610, folio 1121810. Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 28 St. Kilda All that piece of land being part of Crown allotment D, section 71 at St. Kilda, parish of Prahran, county of Bourke, being the land comprised in the folio of the Register, volume 2986, folio 597138. Swan Hill All that piece of land being part of Crown allotment 10, section 9, township and parish of Castle Donnington, county of Tatchera, being the land comprised in the folio of the Register, volume 1907, folio 381297. Swan Hill All that piece of land being part of Crown allotment 10, section 9, township of Swan Hill, parish of Castle Donnington, county of Tatchera, being the land comprised in the folio of the Register, volume 5961, folio 1192186. Swan Hill All that piece of land being part of Crown allotment 10, section 9, township and parish of Castle Donnington, county of Tatchera, being the land comprised in the folio of the Register, volume 2029, folio 405709. Thornbury All that piece of land being part of Crown portion 131 at Northcote, parish of Jika Jika, county of Bourke, being the land comprised in the folio of the Register, volume 1960, folio 391803. Yarrawonga All that piece of land being Crown allotment 1, section 33, town and parish of Yarrawonga, county of Moira, being the land comprised in folio of the Register, volume 5022, folio 1004304. Wangaratta All that piece of land being part of Crown allotment 2, section 3, town of Wangaratta, parish of Wangaratta North, county of Delatite, being the land comprised in the folio of the Register, volume 2936, folio 587139. Warracknabeal All that piece of land being the surface and down to the depth of fifty feet below the surface of allotment 11 of section 44 in the town of Warracknabeal, parish of Werrigar, county of Borung, and being the land comprised in the folio of the Register, volume 4026, folio 805148. Warragul All that piece of land being part of Crown allotment 12, section 2, town of Warragul, parish of Drouin East, county of Buln Buln, and being the land comprised in the folio of the Register, volume 3571, folio 714180. Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 29 Warrnambool All that piece of land being Crown allotment 8, section 37, township of Warrnambool, parish of Wangoom, county of Villiers, and being the land comprised in the folio of the Register, volume 1259, folio 251706. Woorinen All that piece of land being the surface and down to the depth of fifty feet below the surface of allotment 22A in the parish of Tyntynder, county of Tatchera, being the land comprised in the folio of the Register, volume 4002, folio 800367.

Sch. 2

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 30 THIRD SCHEDULE That in the opinion of this meeting it is desirable that the body corporate as incorporated by The Churches of Christ in Victoria Property Act 1941 should be the trustee of the following real [or personal or real and personal (as the case may be)] property that is to say now belonging to or held on behalf of or in trust for the members for the time being of the Church of Christ at and that such real [or personal or real and personal (as the case may be)] property should forthwith be vested in such body corporate to be held by it upon the trusts set forth in the First Schedule to the said Act. ═══════════════ Section 3. Sch. 3

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 31 ENDNOTES

General Information The Churches of Christ in Victoria Property Act 1941 was assented to on 30 September 1941 and came into operation on 30 September 1941. Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 32 2. Table of Amendments This Version incorporates amendments made to The Churches of Christ in Victoria Property Act 1941 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Transfer of Land (Computer Register) Act 1989, No. 18/1989 (as amended by No. 48/1991) Assent Date: 16.5.89 Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488 Current State: All of Act in operation ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 4818/1941 The Churches of Christ in Victoria Property Act 1941 33 3. Explanatory Details No entries at date of publication. Endnotes

1 The Churches of Christ in Victoria Property Act 1941

Short title 4
Definitions 4
Incorporation 5
Vesting of property 8
Registration in Office of Titles 8
Vesting of donations etc. 8
Churches enabled to appoint corporation to act as trustee under existing trusts 9
Churches enabled to appoint corporation despite terms of trust deed 10
Power to body corporate to act as trustee for committees etc. of Churches 13
Power to body corporate to transfer to duly appointed representatives 13
Certificate by secretary to be prima facie evidence 13
First Trustees 14
Power to make rules 15
Power to revoke rules 16
Limitation of liability 16
Right of reimbursement 16
Power of amendment of trusts in First Schedule 16
Power to body corporate to borrow and mortgage or charge trust property 17
Power to body corporate to sell and convey trust property etc. 17
Protection of mortgagees purchasers etc. dealing with corporation 17

Victorian Legislation and Parliamentary DocumentsSection Page ii SCHEDULES 19 SCHEDULE 1 19 SCHEDULE 2 21 SCHEDULE 3 30 ═══════════════ ENDNOTES 31

General Information 31
Table of Amendments 32
Explanatory Details 33

Core structuring concepts in the Act are incorporation, statutory vesting, centralised trustee authority, trust preservation and transferability, governance by the Conference, and protective mechanics for third parties.

Incorporation and corporate capacity: The Act creates the body corporate by statute (s 3(1)). The corporate trustee has perpetual succession, a common seal and capacity to sue and be sued, and to hold, deal with and dispose of real and personal property (s 3(1)). The corporate form is used to consolidate trustee functions previously exercised by ad hoc committees and named individuals (see preamble; s 3(1)).

Statutory vesting and closure of Successory Trusts: Specified lands in the Second Schedule vest in the body corporate for estate in fee simple immediately, without conveyance (s 4). The Act expressly closes the Register of Successory Trusts for those properties and instructs the Registrar of Titles to cancel prior endorsements (s 4). For Torrens‑registered land, the Registrar of Titles is required, on application and proof, to register the body corporate as proprietor on payment of fees (s 5).

Trust continuity and substitution: Donative and trust dispositions to predecessor entities (the Churches of Christ in Victoria, the Church Extension Committee, or Church Extension Properties Trusts and Bequests Committee) are to be treated as if made to the body corporate (s 6). Trustees of local churches may appoint the body corporate to act as trustee for property held under existing trusts, with the body corporate holding on the same trusts insofar as they are not inconsistent with the First Schedule trusts (s 7-8). The Act thus substitutes the corporation into many existing trust relationships.

Centralised property powers and financial capacity: The First Schedule and provisions ss 18-19 give the corporation broad commercial powers: to raise money by mortgage or deposit of title deeds (Sch 1 cl 4; s 18), to sell or exchange land (Sch 1 cl 5; s 19), to lend money to local church trustees and invest trust monies (Sch 1 cl 11), and to manage, repair and insure property (Sch 1 cl 9). These powers place the corporation in a position to centralise financing decisions for church property.

Governance and control: Trustees (no more than seven) constitute the body corporate (s 3(2)), are subject to appointment by Conference (s 3(8)-(9)), and may act despite vacancies (s 3(10)). The Trustees may make rules governing internal affairs (s 13), alter the First Schedule trusts by Trustee resolution subject to Conference ratification (s 17), and must follow execution formalities for the common seal (s 3(4)). The Governor in Council may revoke rules (s 14), providing a statutory check.

Third party certainty: The statute contains evidentiary presumptions and protections for purchasers and mortgagees. Documents executed under the required attestation are prima facie (and in favour of Crown/Registrar-general, conclusive) evidence of authority (s 3(5)). A secretary’s certificate carries prima facie weight (s 11). Receipts by Trustees or authorised persons exonerate payers from liability to see to application of funds or to inquire into the propriety of the dealing (s 20(1)).

Amendment and oversight mechanics: The Trustees can propose alterations to the trusts in the First Schedule, but a Trustee resolution only takes effect upon ratification at an annual Conference meeting (s 17). Rules require notice to Trustees’ meetings to be effective (s 13(2)), the Conference can rescind rules (s 13(3)), and the Governor in Council can revoke rules (s 14). These provisions allocate decision rights between Trustees, the Conference, and the executive.

Procedural protections for members of local churches: Where there is a desire to appoint the body corporate despite a trust deed, a special meeting procedure is prescribed (s 8(1)-(4)), with specified notice methods (s 8(2)), voter eligibility conditions (s 8(3)), and a two‑thirds voting threshold for carrying the motion (s 8(1)). The Third Schedule supplies the motion form.

These concepts operate together to convert dispersed church property holdings and trust relationships into a centrally administered corporate trust, with formal processes for reversal, amendment and third‑party interaction.

Primary decision‑makers and direct beneficiaries: The body corporate, constituted by the Trustees, is the central decision‑maker for property matters (s 3(1)-(2)). The Conference of the Churches of Christ in Victoria elects Trustees and thus controls appointment of the body corporate’s decision‑makers (s 3(8)-(9); s 12(2)). Named first Trustees and officers are initial incumbents and are specifically affected by transitional provisions (s 12(1)-(3)).

Local congregations and local trustees: Local Church of Christ congregations and their trustees are affected in three ways. First, properties formerly held under various trust arrangements are statutorily treated as now vested in the body corporate (s 4; Sch 2). Second, local trustees may, with the Conference’s consent, appoint the body corporate as trustee for property they hold, transferring that property to the body corporate and thereby changing legal ownership and management (s 7). Third, local congregations can, by following the special meeting process provided (s 8), effect an appointment of the body corporate even where pre‑existing trust terms might suggest otherwise. The Act therefore changes who legally owns and manages local church properties even if congregational internal affairs remain permitted to be self‑managed (Sch 1 cl 2).

Donors and testators: Section 6 explicitly converts past and prospective donations, gifts, dispositions and trusts made to the Churches of Christ in Victoria or predecessor committees to the effect as if made to the body corporate. Donors who intended to give to the Church generally must now be treated as having given to the body corporate, which has consequences for asset control and the legal recipient of bequests (s 6).

Third parties dealing with property: Purchasers, mortgagees and other persons who pay money to the Trustees or authorised persons are affected by the statutory protection in s 20, which exonerates them from seeing to the application of funds and from liability for misapplication where payment is made to authorised persons. For registered land, the Registrar of Titles is implicated by s 5, which obliges registration on application and proof, and by the instruction to cancel Successory Trust indorsements (s 4).

Trustees themselves: Trustees are affected by appointment, tenure, governance and liability rules. Trustees are appointed by Conference at annual general meetings (s 3(8)-(9)); their offices become vacant on death, bankruptcy, criminal conviction, prolonged absence without leave, or ceasing to be a member of some Church of Christ in Victoria (s 3(10)). Trustees enjoy indemnity and limited liability except for bad faith (s 15) and are entitled to deduct and retain costs from moneys coming to their hands as Trustees (s 16).

Regulators and executive: The Governor in Council has power to revoke rules made by the Trustees (s 14). The Registrar of Titles is involved in giving effect to vesting and registering the body corporate as proprietor (s 5), and the Register of Successory Trusts is to be closed in respect of vested real property and prior endorsements cancelled (s 4).

Other Church bodies: Committees, organisations or departments of the Churches of Christ in Victoria, and the Federal Conference of Churches of Christ in Australia, may have property administered by the body corporate if the body corporate acts as their trustee (s 9).

Secondary legal actors and advisers: Conveyancers, property lawyers, bankers and lenders dealing with church property are affected by the evidentiary presumptions in s 3(5) and s 11 and the purchaser/mortgagee protections in s 20 that change due diligence dynamics. Accountants and compliance officers must account for centralised property holdings and the corporation’s ability to lend, borrow and mortgage trust property (Sch 1 cl 4; s 18).

In short, the Act reassigns legal ownership and the formal trustee role from multiple existing trustees and committees to a single corporate trustee, while leaving internal congregational management discretion to some extent, and alters the legal and administrative relationships for donors, purchasers, lenders and regulatory officials.

Statutory duties and rights are concentrated in the textually allocated functions of the Trustees, the Conference, the body corporate and third parties who deal with the corporation.

Trustees’ rights and duties: The Trustees as the body corporate may take, hold and dispose of real and personal property (s 3(1)), exercise all powers incidental to a body corporate (s 3(1)), borrow and charge trust property (s 18), and sell or otherwise convey property (s 19). Trustees are empowered to make rules for internal governance and operational matters (s 13(1)), to alter the First Schedule trusts subject to Conference ratification (s 17(1)), and to act despite vacancies (s 3(10)). Trustees have the right to deduct and retain costs, charges and expenses from moneys coming to their hands (s 16). Trustees are protected by limited liability except for bad faith (s 15).

Conference duties and rights: The Conference has the appointment right over Trustees at annual general meetings (s 3(8)-(9)) and the ratification power over alterations to the First Schedule trusts proposed by Trustees (s 17(1)-(2)). The Conference may rescind rules passed by the Trustees at an annual general meeting (s 13(3)). The Conference therefore has supervisory control over Trustee composition and final approval on trust amendments.

Body corporate powers and obligations: The body corporate has perpetual succession and may sue or be sued (s 3(1)). It must hold vested properties upon the trusts in the First Schedule subject to any other valid existing trusts unaffected by the First Schedule (s 4; s 6). It has operational powers set out in the First Schedule such as erecting buildings, letting, managing, repairing and insuring property, raising finance by mortgage or deposit of title deeds, selling and reinvesting proceeds, investing trust funds and advancing money to local trustees (Sch 1 cll 1-11). The body corporate must act in accordance with its own rules and, in making rules, must allow the Conference oversight (s 13).

Member and congregation rights: Local congregations retain some internal autonomy by express provision allowing a congregation to manage its internal affairs (Sch 1 cl 2), but property management rights are assigned to the body corporate where property stands subject to the Act. Congregation members have a statutory route to vest property in the body corporate via the special meeting process in s 8, which sets notice, voting eligibility (s 8(3)), and a two‑thirds approval threshold (s 8(1)).

Third‑party protections and obligations: Purchasers and mortgagees who receive written receipts from Trustees or authorised persons are exonerated from seeing to application of funds and from liability as to misapplication (s 20(1)). This imposes a practical duty: payment to authorised persons, evidenced in writing, achieves legal discharge and limits liability for the payer. The Registrar of Titles has obligations to register vesting on proof and payment of fees (s 5) and to cancel Successory Trust indorsements as provided (s 4).

Procedural duties: Execution of documents under common seal is authorised only by Trustee resolution and requires attestation by at least two Trustees or in another way the Trustees determine; production of a document executed in that manner is prima facie evidence, and in certain dealings conclusive evidence, of authority (s 3(4)-(5)). A secretary’s certificate on Trustee status or trust statements is prima facie evidence (s 11). These provisions create duties to follow formalities and enable third parties to rely on those formalities.

Limitations and safeguards: Trustees are not liable for acts or omissions in the exercise of their powers except in bad faith (s 15), but removal triggers are specified (s 3(10)) for death, bankruptcy, conviction, prolonged absence, or ceasing Church membership. Rules may be revoked by the Governor in Council (s 14), which provides an executive safeguard.

Amendment and transfer mechanics: Trustee resolutions to alter the First Schedule trusts have effect only after ratification by Conference at an annual general meeting (s 17). Transfers from the body corporate to persons named in a Conference resolution require Conference direction and consent and are subject to existing mortgages, charges and debts (s 10). These provisions allocate rights to change trust form and to transfer property, and set the procedural preconditions.

In sum, Trustees and the Conference are given complementary rights and duties: Trustees operational control, and the Conference appointment and ratifying rights. Third parties who deal in good form have protective evidentiary presumptions and discharge via payments to authorised persons.

The Act does not create criminal penalties or pecuniary fines within its text for non‑compliance; enforcement is primarily through civil law remedies and through removal or vacancy triggers for Trustees. The statutory design relies on property law mechanisms, evidentiary presumptions, internal governance, and external oversight to produce compliance and protect third parties.

Mechanisms for enforcement and consequences under the Act

Trustee vacancy and removal consequences: Section 3(10) sets out automatic vacancies for specified events (death, bankruptcy, conviction of an indictable offence, absence for four consecutive meetings without leave, or ceasing to be a member of some Church of Christ in Victoria). The remaining Trustees may declare vacancy and temporarily appoint a member until the next annual Conference meeting. This statutory removal process is an internal governance enforcement tool rather than a penal sanction.
Civil remedies and trust law: Where Trustees or the body corporate act outside trust powers or in breach of fiduciary duty, the usual civil trust and equity remedies remain available. The Act itself does not limit third‑party remedies; for example, where acts are in bad faith (the exception to s 15 immunity), Trustees can be held liable. The Act’s s 15 provides protection against liability except in bad faith, implicitly preserving civil remedies for bad faith conduct.
Evidential presumptions to enable third‑party reliance: Sections 3(5) and 11 create prima facie and conclusive evidentiary presumptions for documents executed in the prescribed way and for secretary’s certificates. Those presumptions change enforcement dynamics by making it more difficult for third parties to challenge transactional authority on purely evidential grounds.
Protection of payers and purchasers: Section 20(1) exonerates mortgagees, purchasers and payers who rely on trustees’ written receipts from liability to see to the application of funds. This provision limits recourse against such payers for misapplication. Section 20(2) expressly preserves other statutory protections available to mortgagees and purchasers under other Acts.
Government oversight: The Governor in Council may revoke rules made by Trustees (s 14). The Conference may rescind Trustee rules at an annual general meeting (s 13(3)). These oversight powers are administrative enforcement levers.

Absence of sanctions in the text

No direct penal provisions: The Act contains no express criminal offences, fines or administrative penalties for non‑compliance with its procedural provisions, for failing to register property or for failing to follow the special meeting procedure. Where compliance fails, consequences will flow from property law (e.g. inability to affect title if execution formalities not observed), equitable relief (injunction, rectification, tracing, accounting), and the internal governance processes (s 3(10), s 13(3), s 14).

Practical enforcement risks and avenues

Disputes about procedural compliance: Where transfers or mortgage registrations do not comply with the execution and attestation requirements in s 3(4), a third party may challenge validity; however s 3(5) gives conclusive status to compliant production in favour of the Crown, Registrar and bona fide persons dealing for value, potentially limiting successful challenges.
Bad faith conduct: Because s 15 excludes liability only for good faith acts, bad faith acts by Trustees remain actionable in equity. Plaintiffs would need to establish bad faith in the usual equitable standards.
Registrar and Titles office interactions: The Registrar of Titles is obliged to register vesting per s 5 on proof and payment of fees; failure or error by the Registrar can be challenged by administrative processes or judicial review where applicable.

Overall, compliance and enforcement are enforced by institutional design (trusteeship, Conference oversight, gubernatorial revocation of rules), property and equity remedies, and third‑party protections that reduce the types of claims available against purchasers and mortgagees who act in reliance on the corporation’s formal documents.

The Act interlocks with existing property law, succession and trust statutes, and with administrative and titles registration regimes. The text contains explicit cross‑references and operates in tandem with other statutory frameworks.

Interaction with Transfer of Land and titles registration regimes: Section 5 requires the Registrar of Titles, on application and proof, to register the body corporate as proprietor of Transfer of Land Act 1958 registered property and to accept the proper fees. Section 4 requires the Register of Successory Trusts to be closed as to the properties vested in the body corporate and mandates the Registrar of Titles to cancel any indorsement made under section 16 of the Religious Successory and Charitable Trusts Act 1928. Endnotes indicate an amendment by the Transfer of Land (Computer Register) Act 1989 (Table of Amendments). The Act therefore coordinates statutory vesting with Torrens registration machinery; practitioners must follow both the Act’s directions and the operational requirements of the Titles Office.

Interaction with trust and succession law: The preamble records that the 1914 Deed of Trust was registered under the Successory Trusts regime and that a supplementary Deed modified trusts in 1926. Section 6 converts dispositions to prior committees into dispositions to the body corporate "to be held by it upon the trusts (if any) declared by such deed will codicil or otherwise but so far as such trusts (if any) do not extend to or are not inconsistent with the trusts set forth in the First Schedule to this Act the same shall be held upon the last-mentioned trusts" (s 6). This preserves prior trust terms where compatible with the First Schedule, and therefore expects concurrent operation with existing trust law and the Religious Successory and Charitable Trusts Act framework. Where earlier trusts extend beyond or are inconsistent with the First Schedule, the First Schedule governs; this reallocation is statutory and potentially displaces equitable rights to the extent enacted.

Interaction with general corporate and contract law: The body corporate has capacity to sue and be sued (s 3(1)) and to enter contracts. Receipts and written authorisations issued by Trustees or authorised persons have legal effect in discharging payers (s 20(1)). The Act thereby creates statutory evidentiary and discharge effects which interact with common law contract and payment doctrines.

Administrative law and executive oversight: The Governor in Council may revoke Trustee rules (s 14). That power creates an administrative law overlay where the executive may intervene in corporate governance rules. The Conference’s powers to appoint Trustees and ratify trust amendments (s 3(8)-(9); s 17) are internal ecclesiastical governance rules embedded in the statutory framework; disputes about those processes may be justiciable if they raise civil or property issues.

Interaction with equity and fiduciary duties: The Act confers indemnity and limited liability in s 15 except in case of bad faith. That clause preserves fiduciary accountability to the extent of bad faith, indicating that equitable duties and remedies remain available where Trustees act improperly.

Interaction with other Acts and protections for third parties: Section 20(2) expressly provides that s 20 shall be read in aid of and not in derogation from other protections available to purchasers, mortgagees and persons under any other Act now or hereafter in force. Practically this means that the Act supplements, rather than replaces, other statutory protections applicable to purchasers and mortgagees.

Registration amendments and computerisation of the land register: The Table of Amendments records the Transfer of Land (Computer Register) Act 1989 (No. 18/1989) as an amendment to this Act. That amendment is administrative: it aligns vesting and registration processes with a computerized land register system and therefore affects how s 5 applications interact with Titles Office procedures.

Interaction summary and compliance implications: Practitioners must consider this Act in conjunction with Torrens title procedures (Transfer of Land Act and Registrar practice), existing trust deeds and successory trust registrations, equitable remedial doctrines where bad faith is claimed, and any other statutory protections affecting purchasers and mortgagees. When effecting a transfer under s 8 or a sale under s 19, parties must ensure alignment with Titles Office requirements and preserve or discharge encumbrances as s 10 and Sch 1 require.

The version provided incorporates a limited amendment history recorded in the Endnotes and in marginal annotations within the Act. The recorded changes are focused on registration and titles processes rather than substantive modifications to governance or substantive trust powers.

Recorded amendments

Transfer of Land (Computer Register) Act 1989, No. 18/1989 (as amended by No. 48/1991). The Endnotes identify this Act as having amended The Churches of Christ in Victoria Property Act 1941 (Endnotes: Table of Amendments). The relevant annotation appears in the text near section 5 and in the schedules where particular schedule items are annotated as amended by No. 18/1989 s 13(Sch.2 item 15(a)(i)(ii)) and elsewhere (see marginal notes in s 5 and Sch 2). The Transfer of Land (Computer Register) Act amendments were designed to coordinate vesting and Titles Office practices with a computerized register; the Endnotes show assent and commencement dates for the amending Act (assent 16 May 1989; commencement 3 February 1992; Government Gazette notice 18 December 1991).
No other specific amendments are listed in the Endnotes or the Act text as reproduced beyond the computerized registration amendment. The Table of Amendments indicates that the listed Transfer of Land amendment is the one incorporated into the current version as at 17 August 2001.

What the annotations indicate

The annotations in the body of the Act (for example at s 5 and parts of Sch 2) identify clauses or schedule items that were amended by the Transfer of Land (Computer Register) Act 1989 and possibly by a subsequent amendment No. 48/1991 as noted in the Endnotes listing. These annotations are typical of consolidated texts that flag where a later Act altered a provision of the principal Act.

Nature and scope of amendments

The available Endnotes and marginal annotations identify the amendment as relating to titles registration procedures and to specific schedule entries. There is no record in the provided material of amendments that alter the core trustee powers, the method of incorporation, the vesting mechanics in s 4, the First Schedule trust powers, the appointment and tenure rules for Trustees, or the special meeting and transfer procedures in s 7-8. The substantive framework established in 1941 appears preserved in the reproduced version, with technical updates to align with modern Titles Office practice.

Practical effect of the titles‑related amendment

The Transfer of Land (Computer Register) Act 1989 would have altered operational step‑requirements for registration under s 5 and how the Registrar gives effect to statutory vesting in a computerised Torrens system. Practitioners transacting in the post‑amendment environment must follow computerized registration forms, proof requirements and fee payment procedures, as the text of s 5 continues to require application and proof to the Registrar for registration.

Absence of explanatory details

The Endnotes record that there are "No entries at date of publication" under Explanatory Details (Endnotes section 3). That indicates that no separate explanatory memorandum or detailed amendment notes are included in the provided consolidated text.

For practice: check titles office practice notes and the Transfer of Land (Computer Register) Act and implementing regulations for current procedural requirements when registering the body corporate as proprietor under s 5 and when cancelling Successory Trust indorsements per s 4. Also check whether there have been any subsequent amendments after the version date (17 August 2001) in the official consolidated statute database or Gazette.

The provided text contains no reported case law or judicial decisions construing The Churches of Christ in Victoria Property Act 1941. The Endnotes do not record litigation. As a result, there is no case law cited in the Act, and the statutory text provides the primary source for interpretation in the absence of judicial exposition.

Implications of the absence of litigation record

When no judicial history is provided in the statutory text or endnotes, practitioners must rely primarily on the Act’s wording and established principles of statutory and trust interpretation. That increases the importance of careful attention to procedural formalities (execution under seal, secretary’s certificates, trustee resolutions and Conference ratifications) because there is no recorded case law clarifying boundaries of Trustees’ powers under the Act.
The absence of reported litigation in the statute does not mean disputes have not occurred in practice. It does mean there is no binding judicial guidance embedded in the consolidated text supplied here; where dispute arises, courts would interpret the Act against standard statutory and property law principles, and factual disputes would be resolved in accordance with trust and equity principles.

Potential litigation topics based on the Act’s provisions

Validity of statutory vesting and effect on prior trust rights: Challenges could arise around whether prior trust terms survive the statutory vesting to the extent claimed by beneficiaries, particularly where s 6 seeks to convert prior donations and trust dispositions to the body corporate “but so far as such trusts (if any) do not extend to or are not inconsistent with the trusts set forth in the First Schedule to this Act” (s 6). Litigation could focus on the interaction between existing trust terms and the First Schedule.
Procedural compliance for transfer under s 8: The special meeting requirements (s 8(1)-(4)) and the chair’s power to execute transfers in lieu of non‑compliant or absent trustees (s 8(5)) create potential challenge points. Disputes may allege failure to satisfy notice requirements (s 8(2)), improper voter eligibility (s 8(3)), or improper exercise of the chairman’s substitute execution power.
Limits of Trustee immunity under s 15: While s 15 protects Trustees except in bad faith, litigation could turn on whether particular conduct amounts to bad faith. Courts would apply ordinary equitable standards to determine whether the statutory exception engages.
Amendment of First Schedule trusts under s 17: Disputes could arise about whether Trustees properly resolved an amendment and whether the Conference validly ratified it at an annual general meeting; procedural sufficiency and meeting notice could be litigated.
Third‑party reliance and s 20 protections: Although s 20 aims to exonerate purchasers and mortgagees for payment into Trustees’ receipts, disputes could still arise concerning the identity of authorised persons, the sufficiency of written authorisation, and whether other statutory protections continue to apply (s 20(2)).

Practical consequence for advisers

In the absence of judicially crafted doctrine specific to this Act, conveyancers, solicitors and trustees should adopt heightened diligence in documenting compliance with statutory formalities, maintaining trustee resolutions and secretary’s certificates, and obtaining Registrar confirmations under s 5. Where uncertainty exists, obtaining declaratory relief or seeking Registrar guidance may reduce litigation risk.
If contentious transactions are contemplated (amendment of trust terms, large sales, transfers under s 8 where voter eligibility might be questioned, or loans secured against property), consider protective steps such as independent legal advice for local trustees, recording proof of notice and voting, and obtaining Conference resolutions that precisely track statutory requirements.

In summary, no litigation history is supplied in the statutory text; therefore practitioners should anticipate that contested matters will require fresh application of statutory interpretation and established equitable doctrine to the Act’s provisions.

This Act contains several practical traps for practitioners and church officers that can produce unintended consequences if overlooked. The following are source‑grounded pitfalls and the concrete statutory mechanisms that produce risk.

Immediate vesting without conveyance (s 4): Section 4 vests the properties listed in the Second Schedule in the body corporate for estate in fee simple "immediately after the passing of this Act" without any conveyance, transfer or other assurance. Practitioners must not assume title transfer requires typical conveyancing documents; nevertheless, to obtain an operative Torrens title record, an application under s 5 is still required. Failure to apply to the Registrar of Titles in accordance with s 5 could produce mismatches between statutory vesting and the public register; confirm Registrar actions.
Closure and cancellation of Successory Trust indorsements (s 4): The Act instructs the Registrar of Titles to cancel indorsements made under the Religious Successory and Charitable Trusts Act 1928. Parties relying on older register annotations must check that all indorsements have been cancelled and that the Titles Office record reflects the statutory vesting.
Special meeting notice and voter eligibility traps (s 8(2)-(3)): Where congregations seek to appoint the body corporate despite existing trust terms, s 8 prescribes specific notice procedures: public notice given once at each Divine Service on the two Sundays preceding the meeting at the usual time for notices; alternatively, newspaper publication on at least six days (exclusive of Sunday) in certain circumstances. Failure to use the precise notice method or to satisfy the timing requirements may invalidate the appointment process. Voting is restricted to persons who have been members for at least six months, aged 21, and present at Communion at least once in the preceding three months (s 8(3)). These eligibility rules are exacting and may disenfranchise common categories of members if not attended to.
Two‑thirds threshold and motion form (s 8(1); Sch 3): The motion must be in the form set out in the Third Schedule and carried by a two‑thirds majority of members present and voting. Using a different motion form or failing to secure the prescribed majority opens the process to challenge.
Chairman’s substitute execution (s 8(5)) requires preconditions: The chairman may execute a transfer if the registered holder refuses or fails to execute after written request, or if the holder is dead or cannot be found or is absent from Victoria. The Act requires a one calendar month written request before the chairman can act in the refusal scenario (s 8(5)(a)). Failure to follow the one‑month waiting period or to document the chairman’s reasonable belief of death, inability to be found or absence (s 8(5)(b)) can jeopardise the validity of the chairman’s execution.
Execution formalities for common seal (s 3(4)-(5)): The common seal cannot be affixed except by Trustee resolution, and attestation must be by at least two Trustees or as otherwise appointed. Production of a document executed in compliance is prima facie evidence and, for Crown/Registrar and persons dealing for value, conclusive evidence of authority (s 3(5)). Rushing execution outside these formalities risks loss of the statutory evidential protection and possible invalidity.
Trustees’ immunity except for bad faith (s 15): Trustees are not liable except for bad faith; this could complicate attempts to hold trustees civilly liable for negligence or errors in judgment that fall short of bad faith. Plaintiffs must prove bad faith to pierce the statutory protection.
Trustee removal criteria (s 3(10)) do not exhaust grounds for removal: Automatic vacancy events are specified, but the Act also allows the remaining Trustees to declare vacancies and to temporarily appoint members. The process for declaring a vacancy and temporary appointment should be carefully documented to avoid disputes about the validity of appointments.
Transfers out subject to encumbrances (s 10): The body corporate can transfer property under Conference direction but "only" subject to any mortgage, charge, liability or debt existing thereon. Any transfer ignoring existing encumbrances will be vulnerable; conveyancers must check for and address mortgagee consents and discharge requirements.
Purchaser protections change due diligence calculus (s 20): Receipts by Trustees or authorised persons exonerate payers from seeing to application of funds. While this limits purchaser or mortgagee exposure on misapplication, it shifts some professional risk to advisers and may reduce remedies against payers. Do not conflate this protection with an absence of obligation to verify apparent authority; ascertain that the receipt is issued by authorised signatories and that the written receipt identifies the purpose.
Amendment of First Schedule requires two steps (s 17): A Trustee resolution alone does not alter the First Schedule; ratification by the Conference at an annual general meeting is required. Failing to obtain Conference ratification after a Trustee resolution means the amendment has no legal effect.
Rule‑making subject to notice and possible executive revocation (s 13-14): Rules must be passed at a Trustees’ general meeting with notice that they will be considered (s 13(2)); the Conference may rescind rules (s 13(3)) and the Governor in Council may revoke them (s 14). Practical consequence: rules should be passed with the anticipation of possible rescission and with careful adherence to notice requirements.
Donative conversion under s 6 is broad: Gifts and trusts made to predecessor entities are treated as if made to the body corporate, except where prior trusts are inconsistent with the First Schedule. Determining inconsistency can be factually complex and may require review of original trust documents to ascertain the legal effect of s 6.

These are procedural and substantive "gotchas" grounded in the Act. Practitioners and church officers should document compliance, adhere strictly to statutory timelines and notice forms, preserve meeting minutes and secretary’s certificates, and coordinate closely with Titles Office processes to avoid unintended invalidity or disputes.

This section gives pragmatic, source‑grounded steps for the main compliance tasks the Act contemplates: (A) ensuring vested properties are correctly reflected on the Torrens register, (B) effecting a congregation’s appointment of the body corporate under s 8, (C) executing documents and receipts in a way that attracts statutory protections, and (D) effecting trust amendments and transfers under s 10 and s 17.

A. Registering vested property (s 4-5)

Identify properties in the Second Schedule: Confirm the particulars in Sch 2 match the Titles Office folios and any subdivision plans. The statutory vesting in s 4 operates immediately on the Act; however, for practical title evidence, proceed to step 2.
Prepare an application to the Registrar of Titles under s 5: Provide proof of the facts of vesting (copy of the Act or certified extract, confirmation that the property is in Sch 2), and pay the proper fees. The Registrar is to "give effect in the Register to such vesting by registering the body corporate as the proprietor" (s 5). Follow the computerized register procedures reflected in the Transfer of Land (Computer Register) Act 1989.
Request cancellation of Successory Trust indorsements: Produce documents of title indorsed under s 16 of the Religious Successory and Charitable Trusts Act 1928 and ask the Registrar to cancel those indorsements as directed in s 4.
Obtain the certificate of title or equivalent computer register extract showing the corporation as proprietor; retain proof of Registrar action in trust records.

B. Appointing the body corporate under s 8 (special meeting route)

Convene a special meeting compliant with s 8(1)-(2): Arrange public notice either by announcements at Divine Services once at each of the two Sundays preceding the meeting at the usual notice time (s 8(2)), or, if the chapel is destroyed or unavailable, place notice in a daily newspaper circulating in the district for at least six days immediately preceding the meeting (exclusive of Sundays).
Ensure the motion follows the Third Schedule form: Use the exact wording in Sch 3 to avoid procedural challenge, and ensure the Chairman is properly elected at the meeting.
Verify voter eligibility under s 8(3): Only members who have been members for at least six months, are aged twenty‑one or over, and who have attended Communion at least once in the preceding three months are entitled to propose, second or vote. Keep a membership ledger and Communion attendance records to verify eligibility.
Obtain two‑thirds approval by members present and voting: Record counting procedures and minutes so that the statutory threshold is demonstrably met.
Request transfer from current legal holder(s): If the registered holder refuses or fails to execute the transfer, serve a written request and wait one calendar month as required by s 8(5)(a) before proceeding to ask the chairman to execute in lieu. If the holder appears dead, absent or unable to be found, document the chairman’s reasonable belief (s 8(5)(b)).
Execute transfer documents under the common seal with required attestation per s 3(4): Ensure Trustee resolution authorises sealing and at least two Trustees attest, or another method authorised by Trustees is used.
Lodge transfer with Titles Office consistent with s 5 requirements and pay necessary fees.

C. Execution, receipts and third‑party protections (s 3(4)-(5), s 11, s 20)

For documents requiring the common seal, ensure a resolution of Trustees authorises sealing (s 3(4)). The attestation must be by at least two Trustees or by a method agreed by Trustees.
When receiving or issuing receipts for mortgage or purchase moneys, ensure receipts are in writing, signed by Trustees or persons authorised in writing to receive moneys (s 20(1)). Maintain authorisation registers showing who is authorised.
Use secretary’s certificates where relevant to provide prima facie evidence of trustee status, trust statements and alterations (s 11). Have the secretary’s certificate signed and retained. For critical transactions, consider a certificate together with trustee minutes and Trustee resolutions to strengthen evidential weight.

D. Altering First Schedule trusts and transferring under Conference direction (s 17; s 10)

Trustee resolution step: Convene a general meeting of the Trustees with notice stating an alteration will be considered (s 13(2); s 17(1)). Record the Trustee resolution to alter, modify or add to the First Schedule statements of trust.
Conference ratification step: Present the Trustee resolution to the Conference at an annual general meeting for ratification. The alteration takes effect only after Conference resolution is duly passed (s 17(1)-(2)). Keep Conference minutes and a certified resolution.
Transfers under s 10: If the body corporate is to transfer property to persons named in a Conference resolution, secure a Conference directive and consent with any determined conditions recorded in a Conference resolution; verify that existing mortgages, charges, liabilities or debts are addressed because the property may be transferred only subject to those encumbrances (s 10).

E. Lending, borrowing and sale mechanics (Sch 1 cl 4; s 18-19)

Document Trustee authorisation for borrowing, mortgages and sales via Trustee resolutions that specify terms, price, security, and conditions (Sch 1 cl 4; s 18-19). Maintain evidence of deliberations and valuations for governance and audit purposes.
When lending to local church trustees or advancing funds, document security (if any) and record the purposes and terms, pursuant to Sch 1 cl 11 and cl 4.

F. Recordkeeping, compliance and risk mitigation

Maintain minute books for Trustee meetings, Conference resolutions, special meeting minutes, membership rolls and attendance (s 3(4), s 8(2)-(3), s 13(2), s 17).
Maintain a register of those authorised to receive funds and copies of written authorisations to support reliance under s 20.
Ensure insurance, repair and property management actions are documented in accordance with Sch 1 cl 3, cl 9.
For any contentious or high‑value transaction, obtain independent legal advice, consider obtaining a declaratory judgment or Registrar guidance, and ensure that signatures, certificates and attestation conform strictly to the Act to retain statutory evidentiary protections (s 3(5); s 11).

G. Where the Titles Office is involved

Follow the computerized registration procedures and proof requirements that implement the Transfer of Land (Computer Register) Act 1989 amendment noted in the Endnotes when lodging applications under s 5.
Where s 4 directs cancellation of prior Successory Trust indorsements, provide the Titles Office with the necessary certified documents to effect cancellation.

Following these steps will align a church congregation, trustees, or advisers with the Act’s formalities and reduce disputes by preserving evidential protections and ensuring statutory processes are observed.

The Churches of Christ in Victoria Property Act 1941

Plain English Summary

Deep Dive

What it does

Current sections

The Churches of Christ in Victoria Property Act 1941

Source text: opening excerpt

1 The Churches of Christ in Victoria Property Act 1941

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