The Salvation Army (Victoria) Property Trust Act 1930

This Act creates a statutory corporate trustee, named The Salvation Army (Victoria) Property Trust, and vests specified Salvation Army real and personal property in that body corporate for the purposes and trusts recited in antecedent deed polls and indentures. Mechanically, the Act:

Incorporates the trustees as a body corporate with perpetual succession and a common seal able to sue and be sued and to hold, manage, charge, mortgage, sell, convey, transfer, demise, grant easements in, and otherwise deal with real and personal property (s 3).
Requires the trustees to number between five and seven, appointed by the General of The Salvation Army in writing, with the first trustees’ names to be published in the Government Gazette (s 4(1)-(2); s 1; Endnotes).
Vests in the body corporate, subject to pre-existing special trusts and encumbrances, all lands and personal property in Victoria which immediately before commencement were held in the name of William Bramwell Booth as General or Director of the Social Work, or were otherwise held in trust for The Salvation Army in Victoria (s 7).
Preserves a distinction between property held for the general purposes of The Salvation Army and property held for the Social Work, and prescribes that such property be held and dealt with in accordance with the applicable antecedent deed poll (s 9(1)).
Gives the trustees the practical powers of the General and Director of the Social Work as they previously existed under the recited instruments, and additional powers of mortgage, sale, and acquisition, subject to constraints in the Act (s 8; s 10; s 11; s 13).
Provides protections to third parties dealing with the trustees, including that receipts by trustees exonerate purchasers and mortgagees from seeing to the application of funds and from inquiring into the propriety of the trustee’s dealings (s 12).

Victorian Legislation and Parliamentary Documentsi Version No. 001 The Salvation Army (Victoria) Property Trust Act 1930 Act No. 3896/1930 Version incorporating amendments as at 22 November 2000 TABLE OF PROVISIONS Section Page

Short title and commencement 13
Definitions 13
Incorporation of trustees: Power to hold real and personal property etc. 14
Number and appointment of trustees 14
Custody of common seal and quorum of trustees 15
Execution of deeds and contracts 15
Vesting of property in trustees 16
Powers of trustees 18
Trust property, how held 19
Power to mortgage 20
Power to sell 20
Protection of mortgagees and purchasers 21
Proceeds of sale of land held for the Social Work 21
Meetings of trustees, minutes etc. 22
Removal of trustees 22
Power of continuing trustees to act 22
Appointment of officers etc. 22
Construction of wills etc. 23
Vesting in trustees of property given or devised etc. for benefit of The Salvation Army 24
Saving of rights 25
Vesting of rights of the General in the trustees 25
Vesting of estates in land in trustees 26
Property subject to the Religious Successory and Charitable Trusts Act 1928 26
Shares in Salvation Army Auxiliary Company 27
Delegation of powers by the General 27 ═══════════════

Victorian Legislation and Parliamentary DocumentsSection Page ii ENDNOTES 28

General Information 28
Table of Amendments 29
Explanatory Details 30

Victorian Legislation and Parliamentary Documents1 Version No. 001 The Salvation Army (Victoria) Property Trust Act 1930 Act No. 3896/1930 Version incorporating amendments as at 22 November 2000 An Act to provide for the Temporal Affairs of The Salvation Army in the State of Victoria. Preamble WHEREAS by a Deed Poll (hereinafter called the "Deed of Constitution") dated the seventh day of August One thousand eight hundred and seventy- eight and under the hand and seal of William Booth and afterwards enrolled in the Chancery Division of the High Court of Justice England on the thirteenth day of August One thousand eight hundred and seventy-eight the origin and doctrines of the religious society or organization therein referred to then known as the Christian Mission were recited and stated and it was by the said Deed of Constitution amongst other things provided that the said Christian Mission was and should be always thereafter under the oversight direction and control of some one person who should be the General Superintendent thereof whose duty it should be to determine and enforce the discipline and laws and superintend the operations of the said Christian Mission and to conserve the same to and for the objects and purposes for which it was first originated and that the General Superintendent should have the powers therein mentioned that the said William Booth should continue to be for the term of his nature life the General Superintendent of the said Christian Mission unless he should resign such office that the said William Booth and every General Superintendent who should succeed him should have power to appoint his successor to

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 2 the office of General Superintendent and all the rights powers and authorities of the office should vest in the person so appointed upon the decease of the said William Booth or other General Superintendent appointing him or at such other period as might be named in the document appointing him and that it should be the duty of every General Superintendent to make in writing as soon as conveniently might be after his appointment a statement as to his successor or as to the means which were to be taken for the appointment of a successor at the decease of the General Superintendent or upon his ceasing to perform the duties of the office such statement to be signed by the General Superintendent and delivered in a sealed envelope to the Solicitor for the time being of the said Christian Mission but such statement might be altered at will by the General Superintendent at any time during his continuance in office upon a new statement being signed by him and delivered as before mentioned to such Solicitor as aforesaid: AND WHEREAS by the said Deed of Constitution it was provided that the General Superintendent should have power to expend on behalf of the Christian Mission all moneys contributed for the general purposes of the said Christian Mission or for any of the special objects or operations thereof but he should annually publish a balance-sheet (duly audited) of all such receipts and expenditure and that the General Superintendent should have power to acquire by gift purchase or otherwise any hall or meeting-house school-room vestry land building and appurtenances and any seats fittings furniture or other property whatsoever which might in his judgment be required for the purposes of the said Christian Mission and to build upon such land or alter or pull down any such buildings and to hire on lease or otherwise any land or buildings and to lend give away let sell or otherwise dispose of any such property land or buildings as he might deem necessary in the interests of the said Christian Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 3 Mission wherein all trustees should render him every assistance and that he might in all such cases as he should deem it expedient so to do nominate and appoint trustees or a trustee of any part or parts respectively of such property and direct the conveyance or transfer thereof to such trustees or trustee with power for the General Superintendent to declare the trusts thereof and from time to time if it should seem expedient to him so to do to revoke any such trusts or the appointment of such trustees or trustee and upon such revocation the same property should be conveyed or transferred to such persons or person and upon such trusts as he might direct but only for the benefit of the said Christian Mission: AND WHEREAS on or about the first day of January One thousand eight hundred and seventy- nine the name of the said religious society or organization was changed from "The Christian Mission" to "The Salvation Army" as appears by a Memorandum under the hand of the said William Booth dated the twenty-fourth day of June One thousand eight hundred and eighty and enrolled in the Supreme Court of Judicature England on the twentieth day of April One thousand nine hundred and six: AND WHEREAS by an Indenture made the second day of June One thousand eight hundred and ninety-eight between the said William Booth of the one part and Herbert Henry Booth and William Peart of the other part after reciting the Deed of Constitution and the change of name as aforesaid and that the said Society or organization had since been and was then known and designated as The Salvation Army and that the title of the General Superintendent thereof had been altered into that of General and that the said William Booth was then known and designated and it was intended that every successor of his should thereafter be known and designated as the General of The Salvation Army and that the operations of The Salvation Army had been extended to and for Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 4 many years then past carried on in the Australian Colonies and particularly in the Colony of Victoria and that many Halls and other buildings pieces of land and other hereditaments including chattels real had been transferred conveyed or assured to or acquired the said William Booth or other persons on his behalf for divers estates and interests for the purposes of or for benefit to The Salvation Army as constituted and directed as thereinbefore mentioned and that other like property might be so transferred conveyed assured or acquired thereafter by the said William Booth or other the General for the time being of The Salvation Army or other person or persons on behalf of the said William Booth or other the General for the time being of The Salvation Army (as has in fact taken place) and that for the reasons therein appearing the said William Booth had determined to appoint by the said indenture local trustees of the thereinbefore mentioned buildings lands and hereditaments and to define the trusts upon which such trustees should stand possessed thereof and had requested the said Herbert Henry Booth and William Peart to act as the first trustees thereof, which they had both agreed to do as was testified by their executing the said indenture, it was witnessed that in consideration of the premises and in exercise of the power reserved to him by the Deed of Constitution and of every other power him enabling the said William Booth thereby nominated and appointed the said Herbert Henry Booth and William Peart the first trustees of the said indenture and also directed and declared that the said Herbert Henry Booth and William Peart and the survivor of them and the executors or administrators of such survivor or other the trustees or trustee for the time being thereof (all which persons or person were thereinafter referred to as "the trustees") should become trustees for the purposes with the powers and upon the terms thereinafter appearing: Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 5 AND WHEREAS the said Indenture provided inter alia that the trustees should and were thereby empowered to procure to be conveyed or transferred to themselves any lands or any estates or interests in any lands situated in Victoria then held by The Salvation Army or by any person or persons on behalf of The Salvation Army and were further empowered at such times as they should think fit to purchase or otherwise acquire any lands or any estates or interest in any lands situate as aforesaid and to obtain leases of any lands situate as aforesaid for such term or terms as they should deem advisable and to exchange any lands held by themselves or by any persons or person on behalf of The Salvation Army for other land situate as aforesaid and were empowered to procure to be conveyed or transferred to themselves any lands or any estate or interest in any lands situate as aforesaid which had already been or might at any time thereafter be given by will or by deed or by any other effectual method to The Salvation Army or to any persons or person on behalf of The Salvation Army and should hold all the lands and all the estates and interests in the clause now in recital mentioned and all other if any the property to which the trustees might at any time or from time to time be entitled under the said indenture on behalf of The Salvation Army upon trust for the said William Booth or other the General for the time being of The Salvation Army and with the powers and upon the terms thereinafter contained: AND WHEREAS a Memorial of the said Indenture was registered in the Office of the Registrar-General on the seventeenth day of January One thousand nine hundred, Number 296, Book 407, and the said Indenture was deposited in the said office pursuant to section one hundred and eighty-nine of the Real Property Act 1890 on the eighteenth day of January One thousand nine hundred: Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 6 AND WHEREAS the trust set forth in the said Indenture was registered in the Register of Successory Trusts of the Office of Titles, folium 56: AND WHEREAS various properties are now subject to the said successory trust: AND WHEREAS in the events which have happened William McKenzie and Walter Suttor are now the trustees of the property subject to the trusts of the said Indenture: AND WHEREAS by a further Deed Poll under the hand and seal of the said William Booth bearing date the twenty-sixth day of July One thousand nine hundred and four and enrolled in the Supreme Court of Judicature England on the twenty-seventh day of July One thousand nine hundred and four it was recited that in order to minimize the possibility of doubt dispute or litigation it was considered desirable to provide more fully and specifically than was done by the Deed of Constitution for the events in which the General for the time being should cease to perform the duties of his office and also for the nomination and appointment of a successor to the General for the time being on his dying or ceasing to perform the duties of the office and that the said William Booth had accordingly determined to execute the said Deed Poll: AND WHEREAS by the last mentioned Deed Poll after setting forth more fully such events it was declared (inter alia) that every General for the time being of The Salvation Army should be deemed to cease to perform the duties of his office within the meaning of clause six of the Deed of Constitution and to vacate such office upon the happening of any of the events therein referred to that is to say (inter alia) if the Commissioners of The Salvation Army or a majority of such Commissioners amounting to at least four in five should declare by writing under their hands that they are satisfied that the General is (inter alia) permanently incapacitated by mental or physical infirmity from Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 7 the adequate performance of the duties of his office or if a resolution adjudicating the General unfit for office and removing him therefrom should be passed by a majority of not less than three-fourths of the members present and voting at a meeting of the High Council of The Salvation Army thereinafter referred to: AND WHEREAS the said William Booth died on the twentieth day of August One thousand nine hundred and twelve having by Deed Poll under his hand and seal dated the twenty-first day of August One thousand eight hundred and ninety in exercise of the power in that behalf vested in him by the Deed of Constitution as aforesaid appointed William Bramwell Booth to be his successor and to succeed him as from the time of his decease in the office of General Superintendent and Commanding Officer of The Salvation Army: AND WHEREAS the said William Bramwell Booth by Deed Poll under his hand and seal dated the twenty-third day of August One thousand nine hundred and twelve duly accepted the said office: AND WHEREAS by Deed Poll under the hand and seal of the said William Bramwell Booth bearing date the first day of June One thousand nine hundred and twenty it was (inter alia) recited that in connexion with and as the outcome of the work teaching and experience of The Salvation Army in the United Kingdom and in Australia and in other countries of the world the said William Booth and the said William Bramwell Booth had evolved and promulgated various operations for the social moral and temporal welfare and improvement of the poorer and more needy classes of society and of persons who were destitute vicious or feeble- minded or suffering from injury or sickness or ill- health or orphans or other children needing care in orphanages or reformatories and for other charitable purposes which operations were then and are now generally known and described as the Social Work of The Salvation Army and which in Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 8 relation to the Commonwealth of Australia (thereinafter called "the said Commonwealth") were thereinafter sometimes referred to as the Social Work and that in connexion with the carrying on of the Social Work in the said Commonwealth the said William Booth and the said William Bramwell Booth as his successor in office had acquired certain real and personal property particularized in the schedule thereto and other real and personal property would thereafter be acquired for the purposes of the Social Work and that it was right and desirable that the same respectively should be kept distinct from the other or proper real and personal property of The Salvation Army and be used and devoted exclusively in and to the Social Work in or connected with the said Commonwealth and that the Social Work should be defined and regulated and the trusts of the said real and personal property already acquired and thereafter to be acquired for or in connexion therewith declared as thereinafter appearing: AND IT WAS THEREBY WITNESSED that the said William Bramwell Booth declared that the real and personal property particularized in the said schedule and all property real and personal which might thereafter be acquired by gift grant purchase or in any manner whatsoever for the purposes of the Social Work in or in connexion with the said Commonwealth and all real and personal property for the time being representing the same or any part thereof respectively and all which were sometimes thereinafter collectively referred to as "the trust property" should at all times thereafter be held upon trust to use and apply the same and the income thereof for the social moral and temporal welfare and improvement of the poorer and more needy classes of society and of persons who are destitute or vicious or feeble-minded or suffering from injury or sickness or ill-health or orphans or other children needing care in orphanages or reformatories in the said Commonwealth and for Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 9 other charitable purposes in or in connexion with the said Commonwealth in such ways and by such means as the said William Bramwell Booth or other the Director (as thereinafter defined) for the time being of the Social Work should at any time or from time to time think fit subject nevertheless to the provisoes therein contained: AND THAT the Social Work should at all times thereafter be under the oversight direction and control of the person who should be for the time being General of The Salvation Army and he should be called in relation to the Social Work the Director of the Social Work (thereinafter referred to as "the Director") and that it should be his duty to determine and enforce the laws and to superintend the operations of the Social Work and to conserve the same and the trust property for the purposes of the trusts thereby declared: AND IT WAS PROVIDED that for the purpose of identifying and ear-marking the trust property and the income thereof and keeping the same distinct from all property of The Salvation Army full accounts of all moneys contributed collected or received for the Social Work and of the application thereof should be kept in such manner as to keep the same always distinct and separate from the property of The Salvation Army and that all conveyances leases transfers assignments and assurances made to the Director for the time being for the purposes of the Social Work should be expressed to be made to him as such Director and should thereupon become subject to the trusts of the Deed Poll now in recital and that whenever any property real or personal acquired for the purposes of the Social Work should be conveyed leased transferred assigned or assured to any trustees or trustee other than the Director for the time being such trustees or trustee should in each case execute a sufficient declaration of trust so as in every case to enable the property conveyed leased transferred assigned or assured to be sufficiently identified or Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 10 ear-marked as being property devoted to the purposes of the Social Work: AND WHEREAS the said recited Deed Poll of the first day of June One thousand nine hundred and twenty set forth the powers which the Director should have over and on and concerning the said trust property: AND WHEREAS none of the properties subject to the last recited Deed Poll is now subject to the said successory trust: AND WHEREAS at a duly convened meeting of the High Council of The Salvation Army held at Sunbury in England on the eighth day of January and on the thirteenth day of February One thousand nine hundred and twenty-nine the High Council of The Salvation Army referred to in the said recited Deed Poll of the twenty-sixth day of July One thousand nine hundred and four duly and in accordance with such Deed Poll by resolution a copy of which (inter alia) was enrolled in the Supreme Court of Judicature England on the twentieth day of February One thousand nine hundred and twenty-nine adjudicated the said William Bramwell Booth unfit for office as General of The Salvation Army and removed him therefrom and by way of record declared that the said adjudication was based upon the state of health of the said William Bramwell Booth and the said High Council in pursuance of the power vested in it by the said Deed Poll of the twenty- sixth day of July One thousand nine hundred and four elected and appointed Edward John Higgins of 101 Queen Victoria Street London England to be the General of The Salvation Army: AND WHEREAS by Deed Poll under his hand and seal dated the thirteenth day of February One thousand nine hundred and twenty-nine and enrolled in the Supreme Court of Judicature England on the twentieth day of February One thousand nine hundred and twenty-nine the said Edward John Higgins duly accepted the said office Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 11 upon and subject to the terms not only of the said recited Deed Poll of the seventh day of August One thousand eight hundred and seventy-eight but also of the said recited Deed Poll of the twenty- sixth day of July One thousand nine hundred and four: AND WHEREAS a Company known as The Salvation Army Auxiliary Company of Australia Proprietary Limited was formed and registered in the State of Victoria under the Companies Act 1915 and is the owner of certain property real and personal: AND WHEREAS many of the shares in the said Company were at the time of the death of the said William Bramwell Booth held by and vested in him as General of The Salvation Army and still stand in his name and the other shares in the said Company are held by nominees of the said William Bramwell Booth as such General: AND WHEREAS the said William Bramwell Booth died on the sixteenth day of June One thousand nine hundred and twenty-nine: AND WHEREAS Joseph Gill late of Little Collins-street Melbourne in the State of Victoria shipping agent and wool broker and of "Winderradeen" station Goulburn in the State of New South Wales grazier deceased who died on the eleventh day of April One thousand nine hundred and twenty-six by his will dated the nineteenth day of April One thousand nine hundred and twenty-three after appointing trustees thereof and bequeathing certain legacies devised and bequeathed all the rest and residue of his estate to the said trustees upon trust that the said trustees should sell and convert the same into money as therein provided and should stand possessed of the net moneys to arise from such sale and conversion after making the payments therein mentioned upon trust as to as well the capital as the income of the said net moneys for such of the three branches of The Salvation Army at Melbourne in the State of Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 12 Victoria at Sydney in the State of New South Wales and at Goulburn in the last-mentioned State as should be in existence when the date of distribution arrived in equal shares payment to be made as therein provided: AND WHEREAS it is expedient to provide that the whole of the property real and personal of The Salvation Army in Victoria which was at the time of his death held by and now stands in the name of the said William Bramwell Booth upon the trusts of the hereinbefore recited Deeds Poll of the seventh day of August One thousand eight hundred and seventy-eight and the twenty-sixth day of July One thousand nine hundred and four and the first day of June One thousand nine hundred and twenty respectively and which stands in the names of William McKenzie and Walter Suttor upon the trusts of the hereinbefore recited indenture of the second day of June One thousand eight hundred and ninety-eight and of or to which The Salvation Army is otherwise entitled whether held by and standing in the name of the said William Bramwell Booth at the time of his death or now standing in the name or names of any other person or persons and which the General for the time being of The Salvation Army as such General and as Director of the said Social Work of The Salvation Army respectively is entitled to have vested in him upon the trusts of the said recited Deeds Poll according to the nature of the same and all choses in action and other property subject to the hereinbefore recited trusts or any of them or any interest in respect thereof except property held by and shares in the said The Salvation Army Auxiliary Company of Australia Proprietary Limited and except the interest of The Salvation Army or of any fund department branch corps auxiliary or institution thereof under the will of the said Joseph Gill deceased should vest in a body of Trustees and the said body of Trustees should be a body corporate with the powers and authorities hereinafter set forth and to provide for the vesting Preamble

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 13 and control of the shares in the said The Salvation Army Auxiliary Company of Australia Proprietary Limited: 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 and commencement This Act may be cited as The Salvation Army (Victoria) Property Trust Act 1930 and shall come into force on the publication in the Government Gazette of the names of the first trustees.
Definitions In this Act unless inconsistent with the context or subject matter— "body corporate" means "The Salvation Army (Victoria) Property Trust" as incorporated by this Act; "Deed of Construction" means the hereinbefore recited deed poll of the seventh day of August One thousand eight hundred and seventy-eight; "General" means the General (formerly called General Superintendent) for the time being of The Salvation Army under its Constitution; "Salvation Army" means the religious society or organization referred to in the hereinbefore recited deeds poll of the seventh day of August One thousand eight hundred and seventy-eight, the twenty-sixth day of July One thousand nine hundred and four, and the s. 1

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 14 first day of June One thousand nine hundred and twenty and the hereinbefore recited indenture of the second day of June One thousand eight hundred and ninety-eight; "said recited deeds poll" means the Deed of Constitution and the hereinbefore recited deeds poll of the twenty-sixth day of July One thousand nine hundred and four and the first day of June One thousand nine hundred and twenty; "trustees" means the persons for the time being constituting the body corporate; "will" includes codicil and every other testamentary disposition. 3. Incorporation of trustees: Power to hold real and personal property etc. The trustees for the time being shall be a body corporate by the name of "The Salvation Army (Victoria) Property Trust" and shall have perpetual succession and a common seal and shall be capable of purchasing or otherwise acquiring, holding, managing, controlling, and subject to this Act, granting, transferring, mortgaging, demising, selling, disposing of, creating or reserving easements over or otherwise dealing with any property real or personal and of suing and being sued by the aforesaid name and doing and suffering all such other acts and things as bodies corporate may by law do or suffer. 4. Number and appointment of trustees (1) The number of the trustees shall be not less than five and not more than seven, and shall consist of persons appointed by the General in writing from time to time whether before or after the passing of this Act. s. 3

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 15 (2) The names of the first trustees shall be published in the Government Gazette as soon as may be after the passing of this Act. 5. Custody of common seal and quorum of trustees (1) 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. (2) The trustees or any three of them acting in pursuance of a resolution of the trustees may exercise any power conferred by this Act on the trustees or the body corporate. (3) At a meeting of the trustees three shall form a quorum. 6. Execution of deeds and contracts (1) 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 trustees or in such other way as the trustees may from time to time appoint and such attestation shall be sufficient evidence of the authority to affix the seal. (2) Contracts on behalf of the body corporate may be made as follows— (a) any contract which if made between private persons would be by law required to be in writing under seal may be made on behalf of the body corporate in writing under its common seal affixed as provided in sub- section (1) of this section and may in the same manner be varied or discharged; s. 5

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 16 (b) any contract which if made between private persons would be by law required to be in writing signed by the parties to be charged therewith may be made on behalf of the body corporate in writing signed by any person acting under the authority of the trustees and may in the same manner be varied or discharged; (c) any contract which if made between private persons would by law be valid although made by parol only and not reduced to writing may be made by parol on behalf of the body corporate by any person acting under the authority of the trustees and may in the same manner be varied or discharged. (3) All contracts made according to sub-section (2) of this section shall be effectual in law and shall bind the body corporate and its successors and all other parties thereto their heirs executors or administrators (as the case may be). (4) The production of a document which purports to be executed in accordance with the requirements of sub-section (1) of this section shall be primâ 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 (1). 7. Vesting of property in trustees All lands, tenements, and hereditaments (including chattels real) situate in the State of Victoria together with all rights, easements, and appurtenances relating thereto and all personal property situate as aforesaid which were at the time of his death held by and immediately before the commencement of this Act stood in the name s. 7

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 17 of the said William Bramwell Booth, as General of The Salvation Army or Director of the Social Work of The Salvation Army respectively, upon the trusts of the said recited deeds poll or any of them or which at the time of the commencement of this Act are subject to the trusts of the hereinbefore recited indenture or which were at the time of his death held by and immediately before the commencement of this Act stood in the name of the said William Bramwell Booth or are held by and stand in the name or names of any other person or persons in trust for The Salvation Army or for any of its funds or any department of its work or any branch corps auxiliary or institution of The Salvation Army or to which The Salvation Army is otherwise entitled and all choses in action and other property in Victoria subject to the hereinbefore recited trusts or any trusts declared pursuant to the said recited deeds poll and indenture or any of them and all other property real and personal which immediately before the commencement of this Act was held in trust for The Salvation Army in Victoria or for any of its funds or any department of its work or any branch corps auxiliary or institution thereof or to which immediately before the commencement of this Act The Salvation Army in Victoria was entitled (save and except any property held by and any shares in The Salvation Army Auxiliary Company of Australia Proprietary Limited and save and except the interest of The Salvation Army or of any fund department branch corps auxiliary or institution thereof under the hereinbefore recited will of Joseph Gill deceased), shall (subject to the provisions of sections nineteen and twenty-two of this Act) vest in the body corporate upon the trusts and with the powers, authorities, and discretions and subject to the terms, provisions, and conditions of this Act s. 7

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 18 and of the Deed of Constitution and the said deed poll of William Booth bearing date the twenty- sixth day of July One thousand nine hundred and four or of the said deed poll of William Bramwell Booth bearing date the first day of June One thousand nine hundred and twenty, according to the particular trusts in each case upon which the same were held immediately before the commencement of this Act but subject and without prejudice to the special trusts if any upon which the same were so held and subject also to any reservation, mortgage, charge, encumbrance, lien, or lease affecting the same respectively and subject and without prejudice to any resulting trust or any trust of any such lands, tenements, or hereditaments in favour of the donor or any person or corporation other than The Salvation Army and upon and subject to no other trusts or provisions whatsoever. 8. Powers of trustees The trustees shall be entitled at all times after the commencement of this Act to exercise all the powers relating to the lands, tenements, and hereditaments (including chattels real) rights easements and appurtenances and personal property and choses in action hereby vested in the body corporate or which may hereafter be acquired by the body corporate or which may become vested in the body corporate under this Act or otherwise which were immediately before the commencement of this Act exercisable by the General of The Salvation Army and the Director of the Social Work of The Salvation Army for the time being respectively under the said recited Deed of Constitution and deed poll of the twenty- sixth day of July One thousand nine hundred and four and under the said recited deed poll on the first day of June One thousand nine hundred and s. 8

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 19 twenty according as the trustees hold the same upon the trusts of such Deed of Constitution and first-mentioned deed poll or of such second- mentioned deed poll (as the case may be) and may exercise all or any of such powers and of the powers by this Act conferred upon them, notwithstanding there is for the time being any vacancy in the office of General of The Salvation Army or the office of Director of the Social Work of The Salvation Army provided that such trusts shall not be enlarged modified varied or altered save as provided in the next succeeding section. 9. Trust property, how held (1) All property from time to time vested in the body corporate shall so far as the same is not subject to any express trust other than the said recited deeds poll be held and dealt with as follows— (a) property so held for the general purposes of The Salvation Army shall be held and dealt with in accordance with and subject to such of the trusts powers and provisions of the Deed of Constitution and the deed poll of the twenty-sixth day of July One thousand nine hundred and four as are applicable to such general purposes; (b) property so held for the Social Work of The Salvation Army shall be held and dealt with in accordance with and subject to the said recited deed poll of the first day of June One thousand nine hundred and twenty: Provided that no person dealing with the trustees shall be bound to inquire into the propriety or necessity of any such dealing. s. 9

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 20 (2) (a) The trustees may from time to time with the consent of the General enlarge modify vary or alter the trusts upon which for the time being any of the said property is held: Provided that all such property shall subject to any such enlargement modification variation or alteration be held upon either one or other of the trusts mentioned in the last preceding sub-section. (b) This sub-section shall apply to property the subject of any express trust other than the said recited deeds poll only to the extent (if any) and subject to the conditions (if any) in accordance with which such trust could have been altered if this Act had not been passed. 10. Power to mortgage 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: Provided that no debt incurred for the general purposes of The Salvation Army shall be secured upon any property which is for the time being held upon trust for the Social Work of The Salvation Army and that any moneys raised on any property which is for the time being held upon trust for the Social Work of The Salvation Army shall only be used for the purposes of the said Social Work. 11. Power to sell The body corporate may from time to time sell any real or personal property for the time being vested in it 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 generally in such manner as they think fit and may convey transfer s. 10

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 21 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. 12. Protection of mortgagees and purchasers (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 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 or 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. 13. Proceeds of sale of land held for the Social Work The proceeds of the sale of any property real or personal held for the purpose of the said Social Work shall be devoted to the purposes of the said Social Work, and the body corporate may for such purposes purchase or otherwise acquire therewith any property real or personal. s. 12

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 22 14. Meetings of trustees, minutes etc. (1) The trustees may regulate the time and place of their meetings and the procedure to be followed thereat. (2) The trustees shall hold regular meetings, and shall cause to be kept minutes of their proceedings and their resolutions, which shall at all times be open for inspection by the General or any person appointed by him. (3) The trustees shall keep a register of all lands vested in the body corporate and shall indicate in such register which lands are held for the general purposes of The Salvation Army and which are held for the Social Work of The Salvation Army. 15. Removal of trustees The General may from time to time by writing remove any person from the office of trustee and appoint another person to be a trustee in the place of any person so removed or whose office has for any other reason become vacant and if the number of trustees is less than seven may appoint additional trustees so that the total number of trustees does not exceed seven. 16. Power of continuing trustees to act The continuing trustees, provided there are not less than three trustees, may act notwithstanding any vacancy in the number of trustees either by death, resignation, or removal, but each vacancy shall be filled as soon as practicable after such vacancy occurs. 17. Appointment of officers etc. (1) The trustees may appoint officers of the body corporate and a certificate under the seal of the body corporate of the appointment of a secretary or other officer shall be primâ facie evidence and s. 14

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 23 in favour of the Crown, the Registrar-General, the Registrar of Titles and every person who deals for value with the trustees conclusive evidence of his or their due appointment. (2) A certificate signed by the secretary for the time being of the body corporate as to who are the persons for the time being constituting the body corporate and a certificate of such secretary certifying to any resolutions of the trustees shall be primâ facie evidence and in favour of the Crown the Registrar-General and the Registrar of Titles and every person who deals for value with the trustees conclusive evidence as to who are the trustees for the time being and of any such resolution (as the case may be) and judicial notice shall be taken of the signature of the secretary for the time being appearing on every such certificate. 18. Construction of wills etc. (1) Whenever by any will (other than the hereinbefore recited will of Joseph Gill deceased) deed or other instrument or by any gift or disposition of property any property real or personal has been or is devised bequeathed given granted released conveyed transferred assigned or appointed to or has been or is declared or directed to be held upon trust for the benefit of The Salvation Army in Victoria or of any of its funds or any department of its work or of any branch, corps, auxiliary, or institution thereof or shall be or become receivable by or payable to or for the benefit of The Salvation Army in Victoria or by to or for the benefit of any such fund, department, branch, corps, auxiliary or institution— (a) such will deed or other instrument gift or disposition shall be construed and operate and take effect as though the body corporate were named therein; s. 18

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 24 (b) the acknowledgment or receipt of the trustees or of any person or persons authorized in writing by the trustees for any such property shall be a sufficient discharge therefor; and (c) all property real or personal so devised bequeathed given granted released conveyed transferred assigned or appointed or declared or directed to be held upon trust as aforesaid shall, subject to the trusts of such will, deed, or other instrument, gift or disposition and subject to any direction to the contrary therein contained or declared thereby so far as the same are capable of taking effect, be under the direction and control of the trustees, and they may call for the transfer, conveyance, assignment, or delivery thereof to the body corporate. (2) The person or persons in whom the interest of The Salvation Army or of any fund department branch corps auxiliary or institution thereof under the hereinbefore recited will of Joseph Gill deceased is vested may from time to time transfer to the body corporate any property to which The Salvation Army in Victoria or any fund department branch corps auxiliary or institution thereof is entitled under the said will and thereupon such property shall vest in the body corporate to be held upon the trusts of the said will and the provisions of this Act shall apply thereto accordingly. 19. Vesting in trustees of property given or devised etc. for benefit of The Salvation Army Whenever by any will (other than the hereinbefore recited will of Joseph Gill deceased) deed or other instrument or by any gift or disposition of property made before but not taking effect until s. 19

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 25 after the commencement of this Act, or by any will, deed or other instrument or by any gift or other disposition of property made after the commencement of this Act any real or personal property has been or is devised, bequeathed, or given to or for the benefit of The Salvation Army in Victoria or to or for the benefit of any of its funds, or of any department of its work, or of any branch, corps, auxiliary, or institution thereof (other than real or personal property devised, bequeathed or given to specific trustees upon trust for The Salvation Army or for any such fund, department, branch, corps, auxiliary, or institution thereof) all such real and personal property shall vest in the body corporate. 20. Saving of rights Nothing contained in or done under this Act shall be deemed to affect prejudicially or to deprive any person of any right whatsoever which if this Act had not been passed might have been enforceable against the General or his predecessors in office; and such right so far as it relates to any property vested in the body corporate pursuant to this Act may be enforced against the body corporate. 21. Vesting of rights of the General in the trustees Any rights, however arising, relating in any wise to the real and personal property held in trust for or pursuant to this Act vested in the body corporate which were at the time of his death in the said William Bramwell Booth or immediately before the commencement of this Act were in the General are hereby vested in the body corporate and may be enforced by it in the same manner as the said William Bramwell Booth if he were still living or the General (as the case may be) might have enforced the same if this Act had not been passed. s. 20

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 26 22. Vesting of estates in land in trustees Where any property which but for this section would be vested in the body corporate under or by virtue of this Act consists of any estate in land then such estate shall be held on trust for or on behalf of the body corporate and— (a) if such property is an estate in land under the Transfer of Land Act 1958, on application in that behalf by the trustees to the Registrar of Titles and on proof of his satisfaction of the facts relating thereto and payment of the proper fees, he shall make the proper recording in the Register1 and thereupon without any transfer of such estate the whole estate shall vest in the body corporate; (b) if such property is an estate in land not under the Transfer of Land Act 1958, on application in that behalf by the trustees to the Registrar-General and on proof to his satisfaction of the facts relating thereto and payment of the proper fees, he shall make the proper entry in the appropriate register and thereupon without any conveyance or other assurance of such estate it shall vest in the body corporate for all the estate of the person so holding on trust. 23. Property subject to the Religious Successory and Charitable Trusts Act 1928 Where under or in pursuance of this Act any property which is the subject of the hereinbefore recited trust registered folium 56 in the Register of Successory Trusts becomes vested in the body corporate the said Register shall thereupon as to such property be closed; and the Registrar of Titles shall upon production to him of any document endorsed under section sixteen of the Religious Successory and Charitable Trusts s. 22 S. 22(a) amended by Nos 18/1989 s. 13(Sch. 2 item 77(b)), 74/2000 s. 3(Sch. 1 item 113). S. 22(b) amended by No. 18/1989 s. 13(Sch. 2 item 77(b)).

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 27 Act 1928 or any corresponding previous enactment cancel such endorsement. 24. Shares in Salvation Army Auxiliary Company (1) All shares in The Salvation Army Auxiliary Company of Australia Proprietary Limited now standing in the name of the said William Bramwell Booth shall vest in the said Edward John Higgins as General or in such person or persons as he shall direct and upon presentation to the secretary for the time being of such company of an application or applications in that behalf from the said Edward John Higgins the said Edward John Higgins or the person or persons named in such application or applications shall be registered in the books of the company in place of the said William Bramwell Booth as the holder of the shares mentioned in such application or applications. (2) All shares in the said company now standing in the names of any persons other than the said William Bramwell Booth and held by such persons upon trust for the said William Bramwell Booth shall be held by such persons free from such trust. 25. Delegation of powers by the General The General may from time to time delegate to any person or persons the exercise of all or any of the powers conferred upon him by this Act and may from time to time revoke any such delegation and for the purposes aforesaid may execute such powers of attorney and other instruments as he may think fit. ═══════════════ s. 24

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 28 ENDNOTES

General Information The Salvation Army (Victoria) Property Trust Act 1930 was assented to on 18 December 1930 and came into force on the publication in the Government Gazette of the names of the first trustees—14 January 1931: Government Gazette 14 January 1931 page 113. Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 29 2. Table of Amendments This Version incorporates amendments made to The Salvation Army (Victoria) Property Trust Act 1930 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Transfer of Land (Computer Register) Act 1989, No. 18/1989 Assent Date: 16.5.89 Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488 Current State: All of Act in operation Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 113) on 22.11.00: s. 2(1) Current State: This information relates only to the provision/s amending the The Salvation Army (Victoria) Property Trust Act 1930 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 3896/1930 The Salvation Army (Victoria) Property Trust Act 1930 30 3. Explanatory Details 1 S. 22(a): The amendment proposed by section 13(Sch. 2 item 77(a)) of the Transfer of Land (Computer Register) Act 1989, No. 18/1989 is not included in this publication as it incorrectly refers to section 28(a) of this Act. Endnotes

1 The Salvation Army (Victoria) Property Trust Act 1930

Short title and commencement 13
Definitions 13
Incorporation of trustees: Power to hold real and personal property etc. 14
Number and appointment of trustees 14
Custody of common seal and quorum of trustees 15
Execution of deeds and contracts 15
Vesting of property in trustees 16
Powers of trustees 18
Trust property, how held 19
Power to mortgage 20
Power to sell 20
Protection of mortgagees and purchasers 21
Proceeds of sale of land held for the Social Work 21
Meetings of trustees, minutes etc. 22
Removal of trustees 22
Power of continuing trustees to act 22
Appointment of officers etc. 22
Construction of wills etc. 23
Vesting in trustees of property given or devised etc. for benefit of The Salvation Army 24
Saving of rights 25
Vesting of rights of the General in the trustees 25
Vesting of estates in land in trustees 26
Property subject to the Religious Successory and Charitable Trusts Act 1928 26
Shares in Salvation Army Auxiliary Company 27
Delegation of powers by the General 27 ═══════════════

Victorian Legislation and Parliamentary DocumentsSection Page ii ENDNOTES 28

General Information 28
Table of Amendments 29
Explanatory Details 30

The Act rests on a small set of inter-related legal concepts that determine who controls property, how it is to be managed, and what protections third parties receive:

Statutory incorporation of trustees: The trustees become a body corporate, The Salvation Army (Victoria) Property Trust, with the ability to hold property, sue and be sued, and perform corporate acts (s 3). That incorporation replaces, for the listed assets in Victoria, the prior situation where property stood in the name of the General or of named trustees.
Vesting and qualification of vested property: Section 7 is the operative vesting clause. It vests in the body corporate lands, rights, appurtenances, chattels real and personal property that immediately before commencement were in the name of William Bramwell Booth (as General or Director) or were otherwise property of The Salvation Army in Victoria, subject to any special trusts, reservations, mortgages, encumbrances, leases and to certain express exceptions (s 7). The Act excludes from automatic vesting shares in the Auxiliary Company and the interest under the will of Joseph Gill (s 7), but it provides specific routes to deal with those exceptions (ss 18-19; s 24).
Dual-track trust classification: The Act preserves two principal trust regimes for property vested in the trustees. Property for “the general purposes of The Salvation Army” is to be dealt with under the applicable provisions of the Deed of Constitution and the 1904 deed poll, while property for the Social Work is to be held under the 1920 deed poll governing Social Work (s 9(1)). The trustees may, with the consent of the General, alter trusts, but those properties must remain within one of the two categories (s 9(2)(a); proviso).
Delegated powers and centralised control: The General retains appointment and removal power over trustees (s 4(1); s 15). The General may delegate powers he holds under the Act (s 25). The General also has inspection rights of trustee minutes and can appoint persons for that purpose (s 14(2)). These features embed operational oversight in the General’s office.
Transactional certainty for third parties: Purchasers and mortgagees obtain statutory protections. A written receipt by trustees or persons authorised by them exonerates purchasers and mortgagees from seeing to the application of funds and relieves them from liability for misapplication (s 12). Production of seal-attested documents is prima facie evidence of proper execution and, in favour of the Crown and registries and persons dealing for value, conclusive evidence that the execution complied with s 6(1) (s 6(4); s 17(1)-(2)).
Land registration process for vesting: Estates in land vest in the body corporate by statutory operation (s 22). For Torrens land, the trustees apply to the Registrar of Titles with proof and fees and the Registrar records the vesting without transfer. For other land, the Registrar-General makes an entry and the estate vests without conveyance (s 22(a)-(b)). Amendments concerning the computer register and other changes are noted in the endnotes.
Limitations on encumbrancing Social Work property: Trustees may mortgage or charge property to borrow (s 10). However the Act prohibits securing general-purpose debt on property held for the Social Work and restricts moneys raised on Social Work property to Social Work purposes (s 10 proviso; s 13).
Construction of testamentary gifts: Wills and dispositions to The Salvation Army in Victoria operate as if the body corporate were nominated and the trustees’ receipt is a sufficient discharge (s 18(1)(a)-(b)). Property willed to The Salvation Army generally vests in the body corporate under s 19.

These main concepts set the legal architecture: a statutory trustee with broad powers and evidentiary privileges, appointment and oversight concentrated in the General’s office, a preserved distinction between Social Work and general funds, and statutory mechanisms to give third parties certainty when transacting with the trust.

Primary actors and stakeholders identifiable in the Act are:

The General of The Salvation Army: The General appoints and may remove trustees (s 4(1); s 15); is the person who, in relation to Social Work, is the Director of the Social Work in the recited instruments (preamble; s 2 definition of “General”); may delegate powers under the Act (s 25); and has inspection rights to trustee minutes and certificates (s 14(2); s 17(2)).
The trustees forming the body corporate: They are the statutory office-holders who hold title and exercise powers under the Act. Their composition must be five to seven persons appointed by the General (s 4(1)). They have custody of the common seal, may exercise the powers of the General and Director as applied to vested property (s 5; s 8), may appoint officers including a secretary, and must keep minutes and a land register (ss 14-17).
The Salvation Army in Victoria and its departments, branches, corps, auxiliaries and institutions: Property previously held for these entities is vested in the body corporate; they are beneficiaries of the trusts (s 7; s 18).
Donors, testators and other providers of property: Wills, gifts or dispositions to The Salvation Army in Victoria will be construed to operate as if the body corporate were the nominated recipient, and trustees’ receipts discharge the donative obligation (s 18(1)(a)-(b)). For the will of Joseph Gill there is a specific treatment and a procedure for transfer of property under s 18(2).
The Social Work: The Act identifies “the Social Work” as a distinct trust purpose with an assigned Director and requires that Social Work property be kept distinct and applied to Social Work purposes (preamble; s 9(1); s 13). Trustees must maintain accounts sufficient to identify funds devoted to Social Work.
Third-party purchasers and mortgagees: Persons contracting with the trustees are affected by statutory protections that limit their liability to inquire into internal propriety and application of funds, provided they obtain the receipts and evidentiary formalities described in the Act (s 12; s 6(4)).
Land registries and registrars: The Act requires trustees to apply to the Registrar of Titles or the Registrar-General to have estates in land recorded as vested in the body corporate (s 22). It also instructs the Registrar of Titles to close the relevant folium in the Register of Successory Trusts where property subject to the registered trust becomes vested in the body corporate (s 23).
The Salvation Army Auxiliary Company of Australia Proprietary Limited and its share register: The Act addresses historical shares that stood in the name of William Bramwell Booth and authorises vesting or registration in the General or his appointee on application to the company secretary (s 24).
Courts and beneficiaries with rights under pre-existing trusts: The Act preserves rights enforceable against the General and provides that such rights may be enforced against the body corporate once vesting occurs (s 20; s 21).

Secondary implications touch accountants, auditors and compliance officers who must maintain separate accounts for Social Work and general funds; conveyancers and lenders who must follow s 22 procedures; and company officers who must register share transfers under s 24. The Act restructures legal title and operational governance for Salvation Army property in Victoria, so parties who previously transacted with the General in person now transact with or rely on the body corporate and its officers and certificates.

The Act sets out specific duties of the trustees, rights of the body corporate, and rights of third parties dealing with it. These are the provisions that determine operational and legal behaviour:

Duties of trustees and procedural obligations

Maintain regular meetings and minutes, and keep minutes and resolutions open to inspection by the General or any person appointed by him (s 14(1)-(2)). This imposes an internal transparency obligation in favour of the General.
Maintain a register of all lands vested in the body corporate and indicate in that register which lands are held for general Salvation Army purposes and which are held for Social Work (s 14(3)). That creates an explicit record-keeping duty to identify the two classes of trust property.
Keep and apply proceeds of sale of Social Work property exclusively for Social Work purposes; and use proceeds to purchase property for Social Work if acquired (s 13).
Ensure proper execution of sealed documents by affixing the common seal by resolution and attestation by at least two trustees or as otherwise appointed (s 6(1)). The seal’s custody and form are for trustees to determine (s 5(1)).
Appoint officers such as a secretary, and provide certificates under seal to evidence appointments and trustee identity; such certificates are prima facie and, in favour of registries and persons dealing for value, conclusive evidence (s 17(1)-(2)).

Rights and powers of the body corporate and trustees

Hold, manage, control, and deal with real and personal property, including power to purchase, acquire, mortgage, charge, demise, transfer, sell, and grant easements (s 3; s 11).
Exercise the powers that previously belonged to the General and the Director of the Social Work in relation to vested property, even if there is a vacancy in the office of General or Director (s 8).
Borrow money and secure debts by mortgage or charge of vested property, subject to limitations on Social Work property (s 10).
Alter, with the General’s consent, the trusts on which property is held, but such property must remain within the two categories set out in s 9(1) (s 9(2)(a)). Subsection (2)(b) preserves the scope of alteration for property already subject to separate express trusts only to the extent those trusts could have been altered pre-Act.
Make contracts in writing under seal, in writing signed by persons acting under trustees’ authority, or orally when applicable, with such contracts binding the body corporate (s 6(2)-(3)).

Third-party protections and evidentiary presumptions

A receipt in writing by the trustees or an authorised person for mortgage monies, purchase moneys, or other moneys payable to the trustees exonerates the paying party from seeing to the application of funds and from liability for misapplication (s 12(1)). The section is expressed to be in aid of other statutory protections (s 12(2)).
Production of a document apparently executed in accordance with s 6(1) is prima facie evidence and, for the Crown, the Registrar-General, the Registrar of Titles, and those who deal for value with the trustees, conclusive evidence of proper execution (s 6(4)).
Certificates of the secretary identify trustees and resolutions and carry judicial notice of signatures for registries and persons dealing for value (s 17(2)).

Construction and vesting of gifts and testamentary interests

Wills, deeds and instruments devising or giving property to The Salvation Army in Victoria operate as if the body corporate were named, and trustees’ receipts are sufficient discharge (s 18(1)(a)-(b)). The trustees may call for transfers or conveyances to the body corporate (s 18(1)(c)).
Property devised, bequeathed or given to The Salvation Army in Victoria (other than property given to specific trustees on trust) vests in the body corporate (s 19).

Constraints and limits

Property held for Social Work shall not be used to secure general-purpose debts, and any moneys obtained on Social Work property must be used for Social Work (s 10 proviso; s 13).
The trustees’ power to alter trusts applies to property subject to express trusts only insofar as such trusts could have been altered if the Act had not been passed (s 9(2)(b)).

Taken together, the duties require robust record-keeping and transparency to the General, exercise of wide property powers by trustees subject to procedural formalities, and legal protections that make third-party transactions with the trustees administratively simpler and legally more secure.

The Act contains no express criminal penalties, fines, or administrative enforcement mechanisms directed at trustees or officers for non-compliance. Instead, enforcement and legal consequences flow from civil and property law mechanisms, and from statutory preservation of pre-existing rights. The Act’s provisions on enforcement and protection can be summarised as follows:

Absence of express penal sanctions

The text includes no specific penalty clauses (for example, no fines, imprisonment, or statutory offence created for breach of trustee duties). The statutory scheme relies on civil remedies and registration processes rather than regulatory sanctions.

Civil enforcement and rights preserved against the body corporate

Section 20 preserves and saves rights that persons may have had enforceable against the General or his predecessors. Those rights, so far as they relate to property vested in the body corporate, may be enforced against the body corporate (s 20). That provision explicitly converts pre-existing equitable and contractual claims into enforceable obligations against the new trustee entity.
Section 21 vests in the body corporate rights that had been capable of enforcement by the General, and states they may be enforced by the body corporate as would have been possible by the former General (s 21). This provides the body corporate with both rights and corresponding duties tied to those rights.

Protections and finality for third parties

The receipt rule in s 12 protects purchasers and mortgagees by exonerating them from liability to see to the application of funds and from inquiry into the propriety of sales and mortgages. That limits future actions by beneficiaries to unwinding or seeking equitable relief, but the clause creates a statutory presumption in favour of external parties.
Section 6(4) and s 17(1)-(2) give conclusive effect to properly sealed documents and to secretary certificates for the Crown, registrars, and persons dealing for value. This reduces litigation risk for third parties and places the evidentiary burden on challengers.

Registry and land-recording remedies

Section 22 provides the administrative procedure by which estates in land vest in the body corporate in the land registers. Once the Registrar of Titles or Registrar-General records the vesting, that statutory entry changes the legal title picture and will be relevant in any enforcement or dispute over title.
Section 23 requires the Register of Successory Trusts folium to be closed where trust property becomes vested in the body corporate, with the Registrar of Titles required to cancel the endorsement under the relevant religious successory trusts legislation (s 23). That mechanism clarifies title and reduces title-related disputes after vesting.

Equitable jurisdiction and courts

Because the Act preserves and transfers trust rights and does not abolish equitable jurisdiction, beneficiaries and interested persons retain access to courts to enforce fiduciary duties, seek accounts, and pursue rectification, rescission, or equitable compensation where the trustees act improperly. Those remedies are not enumerated in the Act but arise from general principles of equity applied to the trustees now constituted by statute.
Section 12(2) expressly states that the exoneration it creates is in aid of and not in derogation from other protections afforded to mortgagees and purchasers by any other Act. That preserves broader statutory protections and remedies available under other legislation.

Practical consequence

Enforcement therefore will primarily be civil: beneficiaries or persons with preserved rights can sue the body corporate; purchasers and mortgagees rely on s 12 and s 6(4) for protection; land registries implement vesting under s 22; and courts will adjudicate disputes. Because the Act centralises title in a corporate trustee entity and gives conclusive evidentiary weight to trustees’ documents and receipts in favour of registries and those dealing for value, the Act shifts the probabilistic burden in litigation toward those challenging trustee acts to displace the statutory presumptions.

The Act is purpose-built to operate within a network of existing property, testamentary and company law frameworks. The text both references antecedent instruments and directs interaction with several statutory regimes:

Antecedent and recited instruments

The Act operates to implement the trusts declared in the recited Deed of Constitution (Deed Poll 1878), the Indenture of 1898, the deed poll of 26 July 1904, and the deed poll of 1 June 1920 that established the Social Work trusts. The trustees are to hold and exercise powers consistent with those instruments where applicable (preamble; s 8; s 9(1)).

Transfer/registration of land

Section 22 directly interacts with Victoria’s land registration system. For land under the Transfer of Land Act 1958 (the Torrens system), trustees apply to the Registrar of Titles who, on satisfactory proof and payment of fees, records the vesting in the register without transfer (s 22(a)). For land outside the system, the Registrar-General makes the appropriate entry (s 22(b)).
The endnotes record amendments by the Transfer of Land (Computer Register) Act 1989 (No. 18/1989) and the Statute Law Revision Act 2000 (No. 74/2000), showing later adaptation to computerized land registers and sequential statute revision (Endnotes: Table of Amendments). The Act further cross-references the Real Property Act 1890 in its preamble history.

Religious Successory and Charitable Trusts Act 1928

Section 23 instructs that where property subject to the registered successory trust (registered folium 56) becomes vested in the body corporate, the Register of Successory Trusts shall be closed for that property and the Registrar of Titles shall cancel endorsements under the Religious Successory and Charitable Trusts Act 1928 (s 23). That provides a closing mechanism with the statutory trust register.

Companies and share registration

Section 24 interacts with company law and the internal register of The Salvation Army Auxiliary Company of Australia Proprietary Limited (a company formed under the Companies Act 1915 as recited). It prescribes the mechanism by which shares standing in the name of a prior General are to vest in the current General or his nominated person and be registered upon application to the company secretary (s 24(1)-(2)). It also frees nominees holding shares on trust for the prior General from those trusts when held in their names (s 24(2)).

Testamentary law and gifts

Sections 18 and 19 instruct how wills, deeds and other dispositions to The Salvation Army in Victoria operate: such dispositions are to be construed as if the body corporate were named; trustees’ receipts are sufficient discharges; and property so devised vests in the body corporate subject to the original trust terms (ss 18-19). This integrates the statutory trustee into succession law and the administration of estates.

Real property and mortgage law

The Act gives trustees powers to mortgage or charge property (s 10). It overlays an internal constraint that Social Work property shall not secure general-purpose debts and that moneys raised on Social Work property must be used for Social Work (s 10 proviso; s 13). Those provisions operate alongside general mortgage law and statutory protections for mortgagees.

Evidence and registry formalities

Sections 6(4) and 17 provide evidentiary rules in favour of the Crown, Registrar-General, Registrar of Titles and persons dealing for value. This interacts with general evidence law and the operational practices of registries, giving statutory weight to trustees’ certificates and sealed documents when recording or recognising transactions.

Relief and equitable jurisdiction

The Act preserves rights enforceable against the General and reassigns them to the body corporate (s 20). Disputes over trustee conduct, fiduciary obligations and trust administration remain within equitable jurisdiction; the Act does not oust courts’ supervisory role.

Practical interoperability

In practice, conveyancers, lenders, wills practitioners and company officers must consider the Act when dealing with Salvation Army property in Victoria: they must follow the statutory registration routes in s 22 when recording title, rely on the certificate and seal evidentiary provisions when accepting trustee documents, and respect the restrictions regarding Social Work property and the special procedures for shares and certain testamentary interests.

The source provides a short amendment history and endnotes that identify two later Acts affecting the Salvation Army (Victoria) Property Trust Act 1930 and records the original assent and commencement. Key documented amendments and metadata are:

Original assent and commencement

The Act was assented to on 18 December 1930 and came into force on publication in the Government Gazette of the names of the first trustees. The Endnotes record that publication occurred on 14 January 1931 (Government Gazette 14 January 1931, p 113). This fulfils s 1’s commencement trigger.

Tabulated amendments in this version

Transfer of Land (Computer Register) Act 1989, No. 18/1989. Assent 16 May 1989; commencement for amendments noted as 3 February 1992 (Government Gazette 18 December 1991 p. 3488). The Endnotes record that the current version incorporates amendments made by that Act. The explanatory details (Endnotes item 3) note an editorial comment that a proposed amendment incorrectly referred to s 28(a), and that change is not included in the publication.
Statute Law Revision Act 2000, No. 74/2000. Assent 21 November 2000. Commencement is recorded as 22 November 2000 for a specific sub-item (s 3(Sch. 1 item 113)). The Endnotes note that this publication incorporates amendments made by that Act concerning the Salvation Army (Victoria) Property Trust Act 1930.

Textual amendments recorded within the Act

Section 22 indicates the Transfer of Land (Computer Register) Act 1989 and the Statute Law Revision Act 2000 as the sources of amendments affecting s 22’s paragraphs (a) and (b) (see marginal notes in the source). The Endnotes make clear that some amendment language was editorially corrected in this publication.

Preamble recitals and historical instruments

The Act incorporates and gives statutory effect to several antecedent instruments recited in the preamble: the Deed of Constitution (Deed Poll 7 August 1878), the Indenture of 2 June 1898, deed polls of 26 July 1904 and 1 June 1920, and the registration of those trusts in various English and Victorian registries. Those historical matters remain in the Act’s preamble and are material to interpreting the trusts and powers the Act preserves.

Limitations of the amendment record in the source

The Endnotes set out only the amendments incorporated in this version as at 22 November 2000 and do not provide a comprehensive legislative history beyond those items. The Explanatory Details note a specific editorial exclusion of a misreferenced amendment. The source does not chart any subsequent amendments after 2000 in the published document.

Practical effect of amendments

The Transfer of Land (Computer Register) Act 1989 amendments reflect modernisation of land registration procedures and the computer register, and the Statute Law Revision Act 2000 records technical updates. Both show the Act’s continuing interaction with land title procedures and register mechanisms since its passage in 1930.

The provided source contains no reported cases, judicial decisions, or litigation summaries relating to The Salvation Army (Victoria) Property Trust Act 1930. The Act’s text, preamble and Endnotes record historical antecedent events, registrations and recitals, but there are no judicial authorities or litigation narratives included.

Practical inference from the absence of litigation history in the source

Because the published Act version and its endnotes do not list cases, practitioners relying on this source cannot draw any conclusions about how courts have interpreted contested provisions of the Act from this document alone. Any judicial construction, dispute over trustee conduct, or litigation about trusts, vesting, or the interaction of s 12 protections with equitable remedies is not recorded here.
Users who need litigation-based guidance should run a separate case-law search in Victorian and federal law reports, equity and property law databases for decisions that might cite or apply the Act, the recited Deed of Constitution and deed polls, or that involve the trustees, the General, or the Auxiliary Company. The Act itself contemplates judicial redress through preserved common law and equitable rights (s 20), but does not catalogue judicial engagement.

Documentary sources that might reveal litigation not in this text

Apart from reported cases, disputes might appear in registrar decisions, administrative determinations, or unreported judgments. None of these are present in the Act’s text or endnotes here. Where litigation risk is relevant to transaction planning or compliance, practitioners should perform searches in consolidated statute and case databases and consult land title records which may show caveats, proceedings or notices relevant to property vested under the Act.

This section isolates specific drafting features, operational traps and practical consequences that arise from the Act as written in the source. Each item is grounded in a provision or the preamble.

Centralised appointment and removal by the General (s 4(1); s 15)

The General appoints and may remove trustees by writing. This centralises control over trustee composition. Practical consequence: trustees’ independence from the General in administering trusts may be limited by their appointive source, and changes in the General’s office or policy could lead to turnover in trustees. The Act imposes no statutory limits on the exercise of this power apart from the written form.

Trustees can act with as few as three members (s 5(2)-(3); s 16)

A quorum of three suffices and continuing trustees can act while vacancies exist so long as at least three remain. That allows the trustees to continue crucial functions but concentrates decision-making among a small number of trustees, which may be operationally significant for decisions to sell, mortgage or otherwise deal with property.

Evidentiary and third-party conclusive presumptions (s 6(4); s 17(2); s 12)

Receipts, attested sealed documents and secretary certificates are given prima facie or conclusive evidentiary weight in favour of registries, the Crown and persons dealing for value. That is beneficial to purchasers and mortgagees, but it places the evidentiary burden on anyone challenging trustee actions. Practitioners representing beneficiaries should note the uphill task to overturn the statutory presumptions in litigation.

Social Work carve-out and financing constraint (s 9(1); s 10 proviso; s 13)

Property held for Social Work must be kept distinct and used for Social Work; the trustees may not secure general-purpose debt on Social Work property and proceeds of Social Work sales must be used for Social Work. Operationally, this restricts the trustees’ ability to cross-collateralise or re-allocate capital across Salvation Army purposes, and requires accounting segregation.

Express exceptions in the vesting clause (s 7)

Section 7 explicitly excludes property held by and shares in The Salvation Army Auxiliary Company and the interest of The Salvation Army under the will of Joseph Gill from automatic vesting, but the Act provides specific mechanisms to deal with those items (ss 18-19; s 24). Practical complexity arises because assets that appear at first to be vested may be carved out and require separate transfer processes.

Power to alter trusts with General’s consent (s 9(2)(a))

Trustees may, with the General’s consent, enlarge, modify, vary or alter trusts. The caveat is that property must remain within either general Salvation Army purposes or Social Work. Operationally this means trustee flexibility depends on the General’s assent; the General’s position therefore materially affects trust amendment prospects.

Registrar satisfaction and fees for vesting in land (s 22)

Vesting an estate in Torrens land requires application to the Registrar of Titles and proof satisfactory to the Registrar, plus payment of fees (s 22(a)). “Proof to satisfaction” leaves administrative discretion to registrars, and could create delay or require additional documentary substantiation.

The Act does not create enforcement sanctions (ss 12, 20)

There are no express penalties in the Act. Rights are preserved and civil enforcement is the available route. Beneficiaries must rely on equitable remedies rather than statutory sanctioning powers, which may extend cost and complexity in disputes.

Historical vestings and company share mechanics (s 24)

Section 24 reflects a historical arrangement: shares standing in the name of William Bramwell Booth were transferred to Edward John Higgins as General. For modern practitioners, the statute nonetheless prescribes that shares standing in Bramwell Booth’s name shall vest in the General or his nominee upon application to the company secretary. Practitioners should confirm company records and whether subsequent corporate law developments affect this mechanism.

Ambiguities from recited historical documents (preamble; ss 8-9)

The Act depends on interpretation of the recited deed polls and indenture. Where those instruments contain discretionary language (for example, the scope of the Social Work), disputes could require recourse to the original deeds and potentially to extrinsic evidence of their operation. The Act preserves the operative trusts but does not replace interpretive issues arising from older documents.

These “gotchas” are operational rather than speculative. Each is traceable to the Act’s text and affects how trustees, the General, beneficiaries and third parties will plan, transact and litigate in relation to Salvation Army property in Victoria.

This checklist is a practical compliance guide, referencing statutory provisions where compliance tasks arise. It is intended for trustees, solicitors, accountants, conveyancers and compliance officers.

Appointment and publication of trustees (s 4(1)-(2); s 1)

Ensure the General issues written appointments for between five and seven trustees. Publish the names of the first trustees in the Government Gazette as required for commencement. For changes, maintain written removal and appointment records and update the trustee register.

Corporate formalities, seal and attestations (ss 5-6)

Adopt and record the form of the common seal at a trustees’ meeting. Apply the seal only under a trustees’ resolution and ensure at least two trustees attest the affixing (s 6(1)). Preserve trustees’ resolutions authorising the seal and any alternative attestation methods.

Meetings, minutes and inspection (s 14)

Hold regular trustee meetings. Maintain detailed minutes of proceedings and resolutions. Keep minutes available for inspection by the General or his appointee pursuant to s 14(2). Implement a retention policy for minutes consistent with ordinary corporate recordkeeping.

Keep and maintain a clear register of all lands vested in the body corporate, indicating which are held for Social Work and which for general Salvation Army purposes (s 14(3)). Maintain separate accounting ledgers and records for Social Work funds in order to identify receipts and applications, and ensure that proceeds of sales of Social Work property are applied only to Social Work per s 13 and s 10 proviso. Prepare to produce these records in audits or to the General.

Dealing with wills and gifts (ss 18-19)

When receiving property under wills or other dispositions to The Salvation Army in Victoria, accept that such dispositions are to be construed as if the body corporate were nominated (s 18(1)(a)). Obtain and preserve trustee receipts which will be a sufficient discharge to executors and donors (s 18(1)(b)). If the property arose under the Joseph Gill will, follow s 18(2) and s 19 procedures for transfer.

Contracting and authority evidence (s 6(2)-(4); s 17)

For contracts requiring deed form, use the common seal and attestation procedures; for contracts requiring signature form, ensure the signatory is duly authorised by trustees’ resolution. Preserve secretary certificates under seal certifying trustee identity and relevant resolutions, since registries and third parties will accept these as conclusive evidence (s 17(1)-(2); s 6(4)).

Mortgage and borrowing compliance (s 10)

Before granting security over property, verify whether the asset is held for Social Work. If it is, do not permit it to secure general-purpose debt (s 10 proviso). Any moneys borrowed on Social Work property must be used exclusively for Social Work (s 13).

Selling land and application of proceeds (s 11; s 13)

When selling property, ensure conveyancing and sale documentation adhere to trustee resolutions and sealing formalities. For Social Work property, document that sale proceeds are applied to Social Work purposes and in acquiring replacement Social Work assets where applicable (s 13).

Land registry vesting process (s 22)

For Torrens land (Transfer of Land Act 1958), prepare an application to the Registrar of Titles with the proof required and pay the proper fees. For non-Torrens land, apply to the Registrar-General. Anticipate that registrars will require documentary proof and satisfactory evidence; retain contemporaneous records of the basis for vesting to meet the Registrar’s satisfaction (s 22).

Company shares and internal company process (s 24)

For any shares in The Salvation Army Auxiliary Company standing in a former General’s name or held on trust for such person, follow s 24’s procedure: obtain the General’s written application and present it to the company secretary to enable registration. Confirm company constitutional and statutory compliance in light of relevant company law changes since 1915.

Trustee vacancies and continuity (ss 5(2); 16)

Maintain a minimum of three trustees to ensure continuing trustees can act. Fill vacancies as soon as practicable so that the body corporate remains at five to seven trustees. Ensure appointment letters and registers are up to date.

Audit, accounts and donor transparency

Although the Act does not mandate a specific audit frequency, the preamble and s 9’s requirement to keep Social Work property distinct suggest best practice includes audited accounts or reconciliations for funds collected or received for Social Work. Implement accounting policies and internal controls to segregate receipts and to comply with donor expectations.

Record retention and accessibility

Keep sealed resolves, trustee minutes, secretary certificates, land registers, accounting records for Social Work, and documentation supporting Registrar applications safely and accessibly. These records are the documentary foundation for the s 6(4) and s 17 evidentiary presumptions and for defending trustee actions in court or registries.

Legal review and risk assessment

Where trustees propose to alter trust terms with the General’s consent under s 9(2)(a), obtain legal advice about the scope of permissible alterations and consequences for beneficiaries. For complex transactions (cross-border, major sale, or unusual encumbrances), seek counsel on the interaction with external statutes, including land title rules, company law and testamentary practice.

Following this compliance checklist aligns trustee practice with the statutory mechanics of the Act, preserves the legal protections for third parties, and reduces implementation risks associated with registration, sale, mortgage and testamentary receipt processes.

The Salvation Army (Victoria) Property Trust Act 1930

Plain English Summary

Deep Dive

What it does

Current sections

The Salvation Army (Victoria) Property Trust Act 1930

Source text: opening excerpt

1 The Salvation Army (Victoria) Property Trust Act 1930

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