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 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
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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
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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
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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
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"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
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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.
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(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
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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)).
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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
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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
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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
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(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.
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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;
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(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.
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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
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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,
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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