version no. 031 religious successory and charitable trusts ......religious successory and charitable...

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Version No. 031 Religious Successory and Charitable Trusts

Act 1958 Act No. 6357/1958

Version incorporating amendments as at 1 July 1997

TABLE OF PROVISIONS

Section . Short title and commencement 1 2. Repeal 1

PART 1—RELIGIOUS TRUSTS 3

3. No moneys to be paid by State for church parsonage or minister unless trustees appointed 3

PART 2—SUCCESSORY TRUSTS 4

4. Definitions 4 5. What trusts may be registered under this Part 4 6. Authority and consent required for the registration of a trust 5 7. Proof required of authority or consent for registration of a trust 5 8. Power to registrar to dispense with authority of trustees absent or

not to be found etc. 5 9. Application to register a trust how made 6 10. Application how dealt with 7 11. Register of successory trusts 7 12. Trusts how registered 7 13. Documents declaring trusts how dealt with 8 14. Alteration in trusts already registered 8 15. Documents declaring trusts to be retained by the registrar or

delivered up to persons entitled on deposit of copies 9 16. Indorsement of documents of title 9 17. Provision for causing notice that lands are subject to the

operation of this Part to appear upon the memorial of registration under the general law for the registration of written documents 10

18. Registration of new name of denomination or institution or body of persons 11

Section Page

ii

19. Substitution of model trust deed or new statement of trusts 12 20. Registration of death of trustee the date of whose death is known 14 21. Registration of death of trustee the date of whose death is

unknown 14 22. Registration of retirement of trustee 14 23. Registration of new trustee 15 24. Power to make transfers to and recordings in the Register in

relation to the trustees of registered trusts as such 15 25. Vesting of trust property in the registered trustees for the time

being 16 26. Trustees of registered trusts to cause property to be dealt with so

as to vest in their successors 17 27. How legal proceedings may be had with respect to property held

on a registered trust 17 28. Entries in the register conclusive and proved by certified copies 18 29. Registered trusts how proved 18 30. Lands mortgaged to trustees of registered trusts may be re-vested

by the receipt of the trustees 18 31. Power for succeeding trustee with his creditors' consent to

undertake any liability in discharge of his predecessor 19 32. Power to persons in whom chose in action becomes vested to sue

in their own names 20 33. Application for registration as head or representative of a

religious denomination 20 34. Application how dealt with 21 35. Registration of head or representative of denomination when

there has been no previous registration 21 36. Succeeding head or representative of denomination how

registered 22 37. Head or representative of denomination succeeding in part only

how registered 22 38. Registration of head or representative of denomination may be

cancelled at his request 23 39. Power to registered head or representative to nominate trustees

and for the registration of the same in certain cases of registered trusts 23

40. Power to registered head or representative to nominate trustee and to apply for the registration of the trust in certain cases 24

41. Provisions of this Part to extend to and govern the trusts so registered 25

42. Vesting orders may in certain cases be made by the Registrar concurrently with the Supreme Court 26

43. Notice of application to be advertised and served 27 44. Person objecting to application can lodge caveat 27 45. Supreme Court may require the production of title deeds in

support of an application under section 40 or section 42 27

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46. How vesting order carried out by registrar when property not under Transfer of Land Act 1958 28

47. How vesting order carried out by registrar when property under the Transfer of Land Act 1958 29

48. Vesting order not to operate until registered 29 49. Applicant may withdraw his application 30 50. Inspection of documents retained by the registrar 30 51. Fees 30 52. Denominational Register and certified copies thereof made

evidence 30 53. Documents purporting to be certified copies to be deemed such 31 54. Power to registrar to require explanation and production of

documents 31 55. Power to state case for the Supreme Court 31 56. Appeal against the decision of the registrar 32 57. Power to the registrar to correct errors 33 58. Certain fraudulent acts made misdemeanours 33 59. Forgery 34 60. Preceding sections not to affect civil remedies 34

PART 3—CHARITABLE TRUSTS 35

61. Application in case of a charitable trust and determination thereof in a summary way 35

62. Repealed 35 63. Definitions 35

__________________

SCHEDULES 37

SCHEDULE 1—Extent of Repeal 37

SCHEDULE 2—Application to register trust 38

SCHEDULE 3—The St. Paul's Melbourne Church of England Church Trust 39

SCHEDULE 4—Memorandum of change of name of denomination of trust 40

SCHEDULE 5—Receipt of Trustees 41

SCHEDULE 6— Application to register trust 42

Section Page

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SCHEDULE 7—Scale of fees 43

SCHEDULE 8—Summons 45 ═══════════════

NOTES 46

1. General Information 46

2. Table of Amendments 47

3. Explanatory Details 48

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Version No. 031

Religious Successory and Charitable Trusts Act 1958

Act No. 6357/1958

Version incorporating amendments as at 1 July 1997

An Act to consolidate the Law relating to Religious Successory and Charitable Trusts.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1. Short title and commencement

This Act may be cited as the Religious Successory and Charitable Trusts Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2. Repeal

(1) The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same

S. 1 amended by No. 57/1989 s. 3(Sch. item 171.1).

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status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any order appointment registration application authority consent security determination appeal petition liability or right made issued passed given accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

_______________

s. 2

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PART I—RELIGIOUS TRUSTS

3. No moneys to be paid by State for church parsonage or minister unless trustees appointed

(1) No part of any moneys reserved or appropriated by any law now or hereafter in force, for purposes of religion shall be issued towards the erection of any building for public worship or minister's dwelling or towards the stipend of any minister of religion to officiate in any such building, unless the real estate in the site of such building or minister's dwelling-house and of any land and hereditaments thereunto belonging has been already duly conveyed to some person or persons in trust for the purposes or promotion of public worship; or until trustees not less than three nor more than five in number have been appointed by the Governor in Council and such real estate as aforesaid has been conveyed to the said trustees upon trust for the erection maintenance and repair of such building for public worship and minister's dwelling and for the provision and promotion of public worship in such building.

(2) As soon as conveniently may be after the completion of any building for public worship under the provisions of this Part, pews sittings or benches in any such building amounting to not less than one-sixth part of the whole of the sittings in every such building for public worship shall be appropriated and set apart for the use of persons resorting thereto, upon which pews sittings or benches so to be appropriated no rent whatever shall at any time be charged or imposed.

_______________

No. 3765 s. 3.

s. 3

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PART II—SUCCESSORY TRUSTS

4. Definitions

In this Part unless inconsistent with the context or subject-matter—

"document of title" includes any conveyance lease mortgage folio of the Register or nominal stock certificate and any bond promissory note bill of exchange policy of assurance debenture certificate warrant or other document evidencing title to any property where any assignment transfer or indorsement or the signature of the owner to or upon any matter or thing is necessary to pass such property, but does not include any document of title the delivery whereof merely passes the property comprised therein;

"property" means property real or personal including choses in action;

"registered head or representative of a religious denomination in Victoria or any part thereof" means the person for the time being registered as such head or representative under the provisions of this Part;

"Registrar" means Registrar or Assistant Registrar of Titles.

And when anything is required in this Part to be done under the hand of any person if such person is a corporation aggregate such thing may be done under the common seal of such corporation.

5. What trusts may be registered under this Part

No. 3765 s. 4.

s. 4

S. 4 def. of "document of title" amended by No. 18/1989 s. 13(Sch. 2 item 71(a)).

No. 3765 s. 5.

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Trusts for all or any of the following purposes may be registered under this Part in manner herein mentioned, namely, all trusts for public religious educational or charitable purposes, and all trusts which the Attorney-General may certify are proper to be registered under this Part.

6. Authority and consent required for the registration of a trust

Except as hereinafter mentioned every application to register any trust under this Part must be made by the same authority as is necessary for the appointment of a new trustee of such trust and the vesting of the trust property and every part thereof in such new trustee whether solely or together with any surviving or continuing trustees, and, in case of any trust for purposes connected with any religious denomination, with the consent of the registered head or representative of such denomination for the time being in Victoria or in the part of Victoria to which such trust relates, and in all other cases with the consent of the Attorney-General.

7. Proof required of authority or consent for registration of a trust

The authority or consent of any person to register any trust under this Part shall be evidenced by writing under the hand of such person and attested by a witness. Any other authority or consent shall be evidenced to the satisfaction of the registrar by statutory declaration or otherwise.

8. Power to registrar to dispense with authority of trustees absent or not to be found etc.

When any trustee or the heir at law executor or administrator of any trustee whose authority would be necessary for the registration of any trust under this Part cannot be found, or has been

s. 6

No. 3765 s. 6.

No. 3765 s. 7.

No. 3765 s. 8.

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absent from Victoria for six consecutive months, or refuses or neglects for twenty-eight days after demand to give that authority, the registrar may if he thinks fit order by writing under his hand that the authority of such person be dispensed with; and every such order shall be published in the Government Gazette and thereupon such trust may be registered under this Part notwithstanding that the authority of such person has not been obtained: Provided that the registrar shall not dispense with the authority of any person who can be found and is in Victoria except after notice to such person of the application to dispense with his authority and giving him an opportunity to be heard in opposition to the same: Provided also that, if it appears to the registrar that any person with whose consent he is asked to dispense has or is likely to have any claim to any payment or indemnity of which he could lawfully demand satisfaction before parting with the trust property to a duly appointed successor, the registrar may require as a condition to dispensing with the consent of such person that security be given in such form and in such amount as the registrar may deem sufficient for the satisfaction of such claim. The demand first hereinbefore mentioned shall be in writing, and in case of trusts for purposes connected with any religious denomination shall be made by or on behalf of the registered head or representative of the denomination, and in all other cases by the other trustees or trustee or by the Attorney-General.

9. Application to register a trust how made

Every application to register any trust under this Part shall be in writing addressed to the registrar in the form in the Second Schedule signed by some one at least of the persons whose authority

s. 9

No. 3765 s. 9.

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or consent is necessary for such registration and shall be supported by evidence showing—

(a) what are the trusts;

(b) what are the names and descriptions of the trustees;

(c) how the trustees may be changed;

(d) of what the trust property consists;

(e) that the application is made by the authority and with the consent hereinbefore required;

(f) that every document matter and thing relating to or affecting any of the matters aforesaid is mentioned in the application.

10. Application how dealt with

If the registrar is satisfied that the trust is one which may be registered under this Part and that the evidence by which the application is supported is sufficient, he shall register such trust.

11. Register of successory trusts

The registrar shall keep or cause to be kept a book to be called the Register of Successory Trusts the folios of which shall be numbered consecutively and each of which shall be in the form in the Third Schedule.

12. Trusts how registered

Whenever the registrar registers any trust he shall enter or cause to be entered at the top of a folium in the Register of Successory Trusts a short description of the trust such as he may deem sufficient for the purpose of distinguishing it from other registered trusts, and, in case the trust is for religious purposes connected with any particular religious denomination, of denoting with what denomination it is connected, and he shall enter or

s. 10

No. 3765 s. 10.

No. 3765 s. 11.

No. 3765 s. 12.

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cause to be entered in the proper line and column the number of the trustees the name and description of every trustee and the date of making the entry and shall sign his name in the proper column in the same line with the name of every trustee to authenticate the entry, and thereupon such trust shall be deemed to be registered under this Part.

13. Documents declaring trusts how dealt with

Upon registering any trust under this Part the registrar shall write or cause to be written upon every document showing the nature of such trust or the manner of changing the trustees a memorandum setting forth the description by which and the folium of the Register of Successory Trusts on which such trust is registered, so as to connect such document with such register together with the date of signing such memorandum, and shall sign such memorandum.

14. Alteration in trusts already registered

If after the registration of any trust under this Part any instrument matter or thing is made or done which in any manner alters or affects such trust or the manner of changing the trustees, any person concerned, or the Attorney-General in case of trusts connected with any religious denomination with the consent of the registered head or representative of the denomination, may produce to the registrar such instrument or any document evidencing such matter or thing, and may prove to his satisfaction that such instrument matter or thing has been duly made or done, and thereupon if the registrar is of opinion that the instrument or document produced is proper and convenient for the purpose he shall register the same, whereupon the registrar shall write or cause to be written

s. 13

No. 3765 s. 13.

No. 3765 s. 14.

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upon such instrument or document a memorandum as in the last preceding section mentioned and shall sign the same. In any case in which he thinks fit the registrar may before registering any such instrument or document cause notice to be given to any person of the application to register the same so that such person may have an opportunity of being heard in opposition to such application.

15. Documents declaring trusts to be retained by the registrar or delivered up to persons entitled on deposit of copies

The registrar shall retain in his custody all documents or instruments upon which he has made memoranda as in the last two preceding sections mentioned: Provided always that any person entitled to the custody of any such instrument or document may deposit with such registrar a copy thereof fairly engrossed upon parchment or durable paper and such registrar shall ascertain that such copy is a true copy and certify thereon by writing under his hand that such is the case together with the name of the person to whom and the date at which the original is delivered up and thereupon such registrar may deliver up to such person the original of such document.

16. Indorsement of documents of title

When any trust is registered under this Part the registered trustees or one or more of them may produce to the registrar any document of title to such registered trustees or their predecessors in office, and may prove to the satisfaction of the registrar that the property to which such document relates or some part thereof is held upon such trust, and thereupon the registrar shall make or cause to be made on such document of title a

s. 15

No. 3765. s. 15.

No. 3765 s. 16.

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memorandum that the premises comprised therein or such part thereof are held by the trustees for the time being of such trust, describing such trust so as to identify it with the proper trust in the Register of Successory Trusts and giving the number of the folium of such register on which such trust is registered, and the date of signing such memorandum, and shall sign such memorandum; and upon the signature of such memorandum by the registrar all the estate right title and interest of any predecessors in office of such registered trustees in any property comprised in such document of title or in any part thereof, referred to in such memorandum as held on such trust, shall vest in such registered trustees, and the registered trustees or trustee for the time being shall be empowered to do and suffer all acts matters and things in respect of such document of title or such property as if their names were written in such document of title in place of the names of any of their predecessors in office named therein.

17. Provision for causing notice that lands are subject to the operation of this Part to appear upon the memorial of registration under the general law for the registration of written documents

When upon any document of title relating to or in any manner affecting any lands tenements or hereditaments situate lying or being in Victoria, which has been registered under any law for the time being in force relating to the registration of written instruments, an indorsement is made by the registrar under the provisions of this Part or an acknowledgment is signed by the registered trustees or trustee thereof that the same is held upon any registered trust, a like memorandum or a copy or memorandum of such acknowledgment, as the case may be, shall be made upon the

s. 17

No. 3765 s. 17.

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memorial of the registration thereof; and in registering any such document of title, in which the grantees are the registered trustees of any registered trust under any such law, the memorial of the registration of such document shall describe the grantees as such trustees of such trust, describing the trust so as to identify it with the proper trust in the Register of Successory Trusts; and if in any case before the provisions of this section are complied with any deed conveyance or other instrument in writing which, but for the operation of this Part, would operate to pass any estate or interest at law or in equity, is duly registered in conformity with any such law as aforesaid, such deed conveyance or other instrument in writing shall have the same effect as if this Part had not been passed.

18. Registration of new name of denomination or institution or body of persons

(1) Upon an application in writing and proof to the satisfaction of the registrar of the change of name of any religious denomination or public or educational or charitable institution or body of persons in connexion with which any trust has been registered under this Part, the registrar shall, as often as occasion may require, enter or cause to be entered a memorandum of the new name in the form in the Fourth Schedule or to the like effect. Such memorandum shall be entered in a folium of the Denominational Register hereinafter mentioned in the case of any trust for purposes connected with any religious denomination, and shall be entered in the Register of Successory Trusts in all other cases, and the registrar shall sign such memorandum.

(2) Upon the signing of such memorandum by the registrar—

s. 18

No. 3765 s. 18.

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(a) all the entries in the Register of Successory Trusts relating to any trusts registered in connexion with such denomination or institution or body of persons shall for all purposes be read and construed as if such new name had been used in such registration instead of the original name; and

(b) all documents of title including any model deed or declaration of trust relating to any property held upon any trust which has already been or may hereafter be brought under the operation of this Part shall for all purposes whensoever such registration is made be read and construed as if such new name had been used in such documents of title instead of the original name.

19. Substitution of model trust deed or new statement of trusts

(1) Upon an application in writing addressed to the registrar by one or more of the persons whose authority or consent is necessary for the registration of a trust under this Part and with the authority and consent required by section six of this Act for the registration of a trust together with—

(a) in the case of a religious denomination proof that there has been deposited or enrolled in the office of the Registrar-General under the provisions of section fifteen of the Property Law Act 1958 or of any statutory modification thereof a statement of trusts certified under the hand of the registered head or representative of the denomination concerned as being the model deed of trust or substituted model deed of trust adopted for the purposes of this Part by the principal

s. 19

No. 3765 s. 19.

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governing or representative body of such denomination; and

(b) in all other cases proof that there has been so deposited or enrolled a statement of trusts or substituted statement of trusts approved in writing for the purposes of this Part under the hand of the Attorney-General—

the registrar shall enter or cause to be entered in the folium of the Register of Successory Trusts in which the trust concerned is registered a memorandum that the trusts upon which the property of such trust is thenceforth to be held are those set forth in such deposited or enrolled deed or statement of trusts (referring thereto by the registered number of such deed or statement).

(2) Upon the signing of such memorandum by the registrar all property of such trust shall thenceforth be discharged as from that date from all former trusts and be held upon the trusts of the deed or statement so deposited or enrolled but subject to and without prejudice to any mortgage charge lien lease easement or other encumbrance then affecting such property or any portion thereof.

(3) Nothing contained in or done pursuant to this section shall be construed or operate as allowing the property concerned to be held for the benefit of any religious denomination or public educational or charitable institution or body of persons other than that in connexion with which the deed or statement of trusts so superseded was registered.

(4) The provisions of section eight of this Act shall be deemed to extend to and include matters under this section, and the powers thereby conferred on the registrar may subject as therein mentioned be

s. 19

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exercised by him in dealing with matters under this section.

20. Registration of death of trustee the date of whose death is known

Whenever it is proved to the satisfaction of the registrar that any registered trustee of any registered trust is dead, and the date of his death is also proved, the registrar shall register such death and the date thereof, and shall write or cause to be written in the folium of the Register of Successory Trusts relating to such trust, on the same line with the name of the trustee, in the column headed "cause of cessation from office of trustee," the word "deceased," and in the column headed "date of cessation from office of trustee," the date of such death, and in the proper column shall sign his name to authenticate such entry.

21. Registration of death of trustee the date of whose death is unknown

Whenever it is proved to the satisfaction of the registrar that any registered trustee of any registered trust is dead, but there is no evidence to satisfy the registrar when he died, the registrar shall register such death, and shall write or cause to be written in the folium in the Register of Successory Trusts relating to such trust, on the same line with the name of the trustee, in the column headed "cause of cessation from office of trustee," the word "dead," and in the column headed "date of cessation from office of trustee" the date of such entry, and in the proper column shall sign his name to authenticate such entry.

22. Registration of retirement of trustee

Whenever it is proved to the satisfaction of the registrar that any registered trustee of any registered trust has in any manner except by death

s. 20

No. 3765 s. 20.

No. 3765 s. 21.

No. 3765 s. 22.

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ceased to be a trustee, the registrar shall register the cessation from office of such trustee, and shall write or cause to be written on the folium of the Register of Successory Trusts relating to such trust, on the same line with the name of the trustee in the column headed "cause of cessation from office of trustee," the word "retired," and in the column headed "date of cessation from office of trustee," the date of making the entry, and shall authenticate such entry by signing his name in the proper column; and for the purposes of this section any person shall be deemed to have ceased to be a trustee when all other matters necessary for his cessation from office have been accomplished, notwithstanding that the trust property is still vested in him.

23. Registration of new trustee

Whenever it is proved to the satisfaction of the registrar that any person has been duly appointed a trustee of any registered trust and has accepted such trust, he shall register the appointment of such trustee in the next vacant line on the folium of the Register of Successory Trusts relating to such trust, and in the proper columns enter or cause to be entered the name and description of such trustee and the date of making the entry, and shall sign his name to authenticate the same.

24. Power to make transfers to and recordings in the Register in relation to the trustees of registered trusts as such

Any transfer lease mortgage or charge under the provisions of the Transfer of Land Act 1958 may be executed to the trustees for the time being of any trust registered under the provisions of this Part, describing them as such trustees as aforesaid and stating that the trust is registered under the provisions of this Part, and describing such trust

s. 23

No. 3765 s. 23.

No. 3765 s. 24. S. 24 amended by No. 18/1989 s. 13(Sch. 2 item 71(b)(i)(ii)).

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so as to identify it with the proper trust in the Register of Successory Trusts, and any recordings in the Register may be made in relation to those trustees by the same description, but no such description shall be deemed to affect any person with notice of the trusts or entitle require or concern any person to inquire into or ascertain such trusts; and the persons for the time being registered as trustees of such trust in the Register of Successory Trusts shall be deemed the registered proprietors of the property comprised in such transfer lease mortgage charge or folio of the Register.

25. Vesting of trust property in the registered trustees for the time being

Upon the registration under this Part of the death or other cessation from office of any registered trustee of any registered trust, the property hereinafter mentioned, vested in such trustee upon such trust, or, in case he is dead, which was vested in him upon such trust at the time of his death, shall vest in the remaining registered trustees or trustee, or, in case there is no registered trustee, in the next trustee who may be registered, and upon such registration of any new trustee the property hereinafter mentioned vested in the other registered trustees or trustee shall vest in them or him jointly with such new trustee, that is to say all property that will pass by delivery merely of such property, or of any document of title relating thereto, or that is comprised in any document of title made expressly upon such trust, or upon which an acknowledgment in writing that the same is held upon such trust has been signed by the trustees named therein, or upon which any such memorandum as aforesaid that the premises comprised therein are held by the trustees for the time being of such trust has been made by the

s. 25

No. 3765 s. 25.

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registrar and all property comprised in any document of title upon which any such memorandum as aforesaid that some part of the premises comprised therein is held by the trustees for the time being of such trust has been so made and signed and referred to in such memorandum as so held. And for the purposes of this section it shall be sufficient if any trust is described in any document of title memorandum or acknowledgment so as to identify it with the proper trust in the Register of Successory Trusts, and the registered trustees or trustee for the time being shall be empowered to do and suffer all acts matters and things with respect to any such property that any of their predecessors in office as such trustees might have done.

26. Trustees of registered trusts to cause property to be dealt with so as to vest in their successors

The trustees for the time being of every trust registered under this Part shall cause all property assured to or vested in them upon such trust to be so assured or dealt with that the same may vest in their successors under this Part.

27. How legal proceedings may be had with respect to property held on a registered trust

All legal proceedings whatever concerning any property held upon any registered trust may be had by or against the registered trustees for the time being in their proper names as such trustees, describing the trust so as to identify it with the proper trust in the Register of Successory Trusts; and no such proceedings shall be discontinued or abated by reason of any change in such trustees by death or otherwise, but shall continue by or against the remaining or succeeding trustees notwithstanding.

s. 26

No. 3765 s. 26.

No. 3765 s. 27.

s. 28

No. 3765 s. 28.

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28. Entries in the register conclusive and proved by certified copies

Every trust in fact registered under this Part shall be deemed to be a trust which might be properly registered under this Part and every entry in the Register of Successory Trusts shall, for the purpose of determining who are or were at any time the trustees of any trust registered under this Part, be conclusive evidence, and may be sufficiently proved for all purposes by any copy thereof certified under the hand of the registrar.

29. Registered trusts how proved

The trusts upon which the property subject to any registered trust is held may be sufficiently proved for all purposes by the production of the instruments and documents held by the registrar, whether copies or originals, or any copy thereof certified under the hand of the registrar.

30. Lands mortgaged to trustees of registered trusts may be re-vested by the receipt of the trustees

Subject to the provisions of section one hundred and fifteen of the Property Law Act 1958 when all moneys intended to be secured by any mortgage or further charge given to the trustees of any registered trust, expressly as such trustees, or upon such trust, or upon which any such memorandum as aforesaid has been made by the registrar or upon which the mortgagees named therein have signed any written acknowledgment that such mortgage or further charge is held upon such trust, or all moneys intended to be secured by any mortgage or further charge given by the trustees of any registered trust expressly as such trustees, or upon which the mortgagors named therein have signed any written acknowledgment that the equity of redemption is held upon such

No. 3765 s. 29.

No. 3765 s. 30.

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trust, have been fully paid or discharged, the person or persons for the time being entitled to receive the moneys owing upon the security of such mortgage or further charge may indorse upon or annex to such mortgage or further charge a receipt in writing under his or their hand or hands in the form or to the effect specified in the Fifth Schedule to this Act; and such receipt shall vacate the mortgage or further charge and debt, and also all further charges relating to the same land dated subsequently to the mortgage or further charge on or to which such receipt shall be indorsed or annexed and prior to the date of the receipt, and vest the estate of and in the property therein comprised in the persons for the time being entitled to the equity of redemption without any re-conveyance or re-assignment whatever, and so that the person for the time being entitled to the equity of redemption, if the original mortgagors, shall hold the property to the same uses and upon the same trusts, so far as they have not been varied or altered, upon which the property was held before the mortgage, and if not the original mortgagor, to the same uses and upon the same trusts as the equitable estate.

31. Power for succeeding trustee with his creditors' consent to undertake any liability in discharge of his predecessor

On or after the retirement of any trustee from any registered trust and the appointment of his successor, any person to whom such trustee his executors or administrators may be under any liability incurred for the benefit or in respect of such trust and such successor may sign a memorandum in writing under their hands by which the new trustee undertakes to answer such liability of the retiring trustee or of his executors or administrators, and by which the person to

s. 31

No. 3765 s. 31.

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whom such liability is due undertakes to accept such undertaking in discharge of the retiring trustee his executors or administrators, and upon the registration of such memorandum the retiring trustee or his executors or administrators shall be discharged from such liability, and the succeeding trustee shall be bound to answer the same as if it had been incurred by him in the first instance.

32. Power to persons in whom chose in action becomes vested to sue in their own names

In any case where under this Part any chose in action becomes vested in any person either solely or jointly with any other person or persons such person may sue for and recover the same in his own name either solely or jointly with such other person or persons as the case may be.

33. Application for registration as head or representative of a religious denomination

The head or representative of any religious denomination in Victoria or any part thereof may make an application to the registrar to be registered as such head or representative, and every such application shall set forth the name of the denomination of which such person claims to be the head or representative, the part of Victoria in which he claims to be the head or representative thereof, the designation of such part of Victoria according to the usages of the denomination, the full name and surname of the applicant his address and his proper title of office according to the usages of the denomination by virtue of which he claims to be head or representative of such denomination, and the date when and the authority by which he acquired such office, and when any other person has been previously registered as such head or representative in the part of Victoria to which the

s. 32

No. 3765 s. 32.

No. 3765 s. 33.

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21 JB-24/4/97

application relates, the person in whose place he claims to be registered.

34. Application how dealt with

On receiving any such application from any person to be registered as the head or representative of any religious denomination the registrar upon proof to his satisfaction that the applicant is such head or representative according to the usages of such denomination, shall register the applicant according to the tenor of his application: Provided that in the case of an application to be registered in the place of any person who does not consent to such application, notice of the application shall be given to such last-mentioned person, and such person shall have an opportunity of being heard before the registrar in opposition to such application, unless it is proved to the satisfaction of the registrar that such last-mentioned person is absent from Victoria and not expected to return within twelve months or cannot be found.

35. Registration of head or representative of denomination when there has been no previous registration

When registering any person as head or representative of any religious denomination, when there has been no previous registration of a head or representative of such denomination in any part of Victoria to which such application relates, the registrar shall enter or cause to be entered in a book to be called the Denominational Register the following particulars, that is to say, the name of the denomination, the description of the part of Victoria to which the application relates, the designation of such part of Victoria according to the usages of the denomination, the title of office of the applicant according to the

s. 34

No. 3765 s. 34.

No. 3765 s. 35.

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usages of the denomination, the full name and surname of the applicant, his address and any further description of such applicant that the registrar may think desirable, together with the date of making the entry, and the registrar shall sign such entry to authenticate the same.

36. Succeeding head or representative of denomination how registered

The registrar shall register any person as head or representative of a religious denomination in place of any other person for the whole portion of Victoria to which such previous registration relates by entering or causing to be entered in the Denomination Register below the registration of the person previously registered a memorandum of the full name and surname together with the address and any further description the registrar may think desirable of such first-mentioned person and that he is registered in the place of the person previously registered together with the date of making such entry, and shall sign such entry to authenticate the same.

37. Head or representative of denomination succeeding in part only how registered

The registrar shall register any person as head or representative of a denomination in place of any other person for a portion only of the part of Victoria to which such previous registration relates as in cases where there has been no previous registration, and shall enter or cause to be entered in the Denominational Register below the registration of the person previously registered a memorandum that the registration of the person previously registered is cancelled as regards the part of Victoria included in such subsequent registration, and shall date such memorandum

s. 36

No. 3765 s. 36.

No. 3765 s. 37.

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with the same date as the subsequent registration and sign the same.

38. Registration of head or representative of denomination may be cancelled at his request

Any person registered as the head or representative of any religious denomination in Victoria or any part thereof may by writing under his hand request the registrar to cancel his registration either entirely or as to any part of Victoria, and thereupon the registrar shall enter or cause to be entered in the Denominational Register a memorandum that the registration of such person is cancelled or cancelled as to such part of Victoria at his request together with the date of making such memorandum and shall sign the same.

39. Power to registered head or representative to nominate trustees and for the registration of the same in certain cases of registered trusts

(1) Whenever a registered trust in connexion with a religious denomination having a registered head or representative or in connexion with any particular congregation church or section of such denomination and whether for religious educational or charitable purposes is from any cause without a trustee and there is no person or body of persons having authority to appoint such trustee, such registered head or representative by writing under his hand and seal attested by a person authorised under the Evidence Act 1958 to

s. 38

No. 3765 s. 38.

No. 3765 s. 39.

S. 39(1) amended by No. 57/1989 s. 3(Sch. item 171.2).

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take affidavits may nominate three or more persons to be registered as new trustees of the trust.

(2) Such registered head or representative may thereupon make an application in writing to the registrar to have such three or more persons so registered as new trustees.

(3) Every such application shall be supported by evidence by statutory declaration and otherwise of the facts above mentioned and by such other evidence (if any) as the registrar may require together with the written consent of the persons nominated.

(4) The registrar if satisfied with the evidence so adduced may register the persons so nominated as trustees in manner directed by this Part for the registration of new trustees, and upon such registration such trustees shall have all the power duties and liabilities in respect of such trust and appointment as new trustees have who are duly registered under section twenty-three of this Act.

40. Power to registered head or representative to nominate trustee and to apply for the registration of the trust in certain cases

(1) If there is property legally or equitably subject to and available for any trust in connexion with a religious denomination having a registered head or representative or in connexion with some particular congregation church or section of such denomination and whether for religious educational or charitable purposes there is no trustee for the purposes of such trust and no person or body of persons having authority to appoint such trustee or qualified to make application under section six of this Act to have such trusts registered, the registered head or

s. 40

No. 3765 s. 40.

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representative may nominate three or more persons to be registered trustees of such trust and to make an application to register such trust and trustees under this Part.

(2) Such application shall be in writing addressed to the Registrar of Titles and in the form in the Sixth Schedule or to the like effect and be signed by the registered head or representative and shall be supported by evidence showing—

(a) what are the trusts;

(b) of what the trust property consists;

(c) that there is no trustee or person or body of persons qualified to appoint a trustee of the trust;

(d) that the applicant is the registered head or representative;

(e) what are the names occupations and addresses of the nominated trustees;

(f) that the persons nominated as trustees have consented to accept the trusts;

(g) that every document letter and thing relating to or affecting any of the matters aforesaid is mentioned in the application—

and by such other evidence (if any) as the registrar requires.

(3) Such application shall be received and dealt with previously to registration in all respects as if it had been an application made under section nine of this Act.

41. Provisions of this Part to extend to and govern the trusts so registered

If the registrar registers the trust all the provisions of this Part relating to trusts and trustees

s. 41

No. 3765 s. 41.

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registered under this Part and to the property of such trusts shall immediately upon such registration so far as the same can be made applicable extend to include and govern the trust so registered its property and trustees as though such provisions had been originally framed to include trusts so constituted and registered.

42. Vesting orders may in certain cases be made by the Registrar concurrently with the Supreme Court

(1) At any time after the registration of any such trust the registered trustees or trustee thereof and if more than one any one or more of such trustees may make an application in writing to the registrar for an order vesting any particular property claimed by them or him to be properly subject to such trust in the registered trustees or trustee for the time being of such trust.

(2) In support of such application the applicant shall produce to the registrar such documents of title and other evidence as are necessary or as the registrar requires.

(3) Upon proof to the satisfaction of the registrar that the property so claimed or any part thereof is legally or equitably subject to and properly available for such trust, he may at his discretion make a vesting order (which order he is hereby empowered to make concurrently with the Supreme Court) vesting in the registered trustees or trustee for the time being of such trust such property or so much thereof as shall be specified in the order for all the estate and interest to and for which the same has been so proved to be subject to and available for the trust, or he may reject such application.

s. 42

No. 3765 s. 42.

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43. Notice of application to be advertised and served

Before making such vesting order the registrar shall cause notice of such application to be advertised once or oftener in some newspaper published and circulated in Melbourne and in such other newspaper (if any) as he thinks fit and to be served on any person named by him and shall appoint a time not less than fourteen days from such notice or from the advertisement or the first of such advertisements (if more than one) on or after the expiration of which he will at his discretion, unless a caveat is lodged with him forbidding the granting of the application, make such order.

44. Person objecting to application can lodge caveat

Any person claiming an estate or interest in the property in respect of which an application has been made under section forty-two of this Act may before the registrar has made the indorsements and recordings as directed under sections 46 and 47 lodge a caveat with the registrar forbidding the granting of the application, and every such caveat shall in all other respects and as nearly as the case permits be in the same form subject to the same provisions and have the same effect with respect to the application against which it is lodged as an ordinary caveat against bringing land under the operation of the Transfer of Land Act 1958.

45. Supreme Court may require the production of title deeds in support of an application under section 40 or section 42

After an application has been made under section forty or section forty-two of this Act the Supreme Court may require all persons having in their possession or custody any deeds instruments or

No. 3765 s. 43.

s. 43

No. 3765 s. 44. S. 44 amended by No. 18/1989 s. 13(Sch. 2 item 71(c)).

No. 3765 s. 45. S. 45 amended by No. 110/1986 s. 140(2)(Sch.).

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evidences of title relating to or affecting the property the subject of such application to produce the same at the Office of Titles to the registrar for his inspection upon such terms and subject to such conditions and for such charge or fee as the Supreme Court thinks fit and fixes.

46. How vesting order carried out by registrar when property not under Transfer of Land Act 1958

(1) The registrar on being served with a vesting order made by the Supreme Court or on making such an order under section forty-two of this Act shall as to property comprised therein which is not under the Transfer of Land Act 1958 indorse, upon the last material registered document of title if produced relating to such property and on the memorial of registration thereof and upon the last document of title relating to such property whether registered or not lodged in support of the application for such order, a memorandum stating that by a vesting order made under the said section the property to which such document relates or some portion thereof has been vested in the trustees for the time being of the trust, describing such trust so as to identify it with the proper trust in the Register of Successory Trusts giving the number of the folium of such register on which such trust is registered and the date of his signing such memorandum and shall sign such memorandum.

(2) Upon the registrar affixing his signature to such memorandum the trustees or trustee for the time being shall be empowered to do and suffer all acts matters and things in respect of such document of title or such property as if they or he had been named and appointed by such document trustees or trustee of the property included in such vesting order for the purposes of such trust, and the

s. 46

No. 3765 s. 46.

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provisions of section fifteen of this Act shall apply to all documents upon which the registrar shall make such memorandum.

47. How vesting order carried out by registrar when property under the Transfer of Land Act 1958

(1) The registrar on being served with a vesting order made by the Supreme Court or on making such an order under section forty-two of this Act shall as to property comprised therein which is under the Transfer of Land Act 1958 make and sign the recordings in the Register directed by section 58 of that Act in the case of the vesting orders therein mentioned, and in addition to the name and addition of the persons or person in whom such order purports to vest the property the recordings may describe such persons or person as such trustees or trustee as aforesaid of such trust identifying the trust in manner directed in the last preceding section.

(2) The trustees or trustee may be described in any recording in the Register relating to them by the same description, but no such description shall be deemed to affect any person with notice of the trusts or entitle require or concern any person to inquire into or ascertain such trusts, and upon the registrar making the recordings in the Register under sub-section (1) the persons or person for the time being registered as trustees or trustee of such trust in the Register of Successory Trusts shall be deemed the registered proprietors or proprietor of such property.

48. Vesting order not to operate until registered

Unless and until the memoranda and recordings mentioned in the last two preceding sections have been made and signed by the registrar as therein directed the vesting order in respect of which they

No. 3765 s. 47.

S. 47(1) amended by No. 18/1989 s. 13(Sch. 2 item 71(d)(i)(ii)).

s. 47

S. 47(2) amended by No. 18/1989 s. 13(Sch. 2 item 71(e)(i)(ii)).

No. 3765 s. 48. S. 48 amended by No. 18/1989 s. 13(Sch. 2 item 71(f)).

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are respectively directed to be made shall have no effect or operation in conveying transferring or otherwise vesting the property comprised therein.

49. Applicant may withdraw his application

An application made under any of the provisions of this Part may be withdrawn at any time prior to the registration or order thereon being made, and the registrar shall in such case return to the applicant or to the person appearing by the application to be entitled thereto all documents of title lodged in support of the application.

50. Inspection of documents retained by the registrar

No person shall be entitled to an inspection of any documents retained by the registrar under this Part or to have any copy thereof or extract therefrom without the written order of one or more of the persons by whom the application was signed or of a judge of the Supreme Court or of the registrar.

51. Fees

It shall be lawful for the registrar to demand the fees specified in the Seventh Schedule to this Act or such other fees as are from time to time appointed by the Governor in Council in lieu thereof or in addition thereto.

52. Denominational Register and certified copies thereof made evidence

The Denominational Register shall be conclusive evidence of all matters authorized to be inserted therein for the purposes of this Part, and every entry therein may be sufficiently proved for all purposes by any copy thereof certified under the hand of the registrar.

No. 3765 s. 49.

s. 49

No. 3765 s. 50.

No. 3765 s. 51.

No. 3765 s. 52.

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53. Documents purporting to be certified copies to be deemed such

When any copy certified under the hand of the registrar is receivable in evidence under the provisions of this Part any document purporting to be such certified copy shall be deemed to be such certified copy unless the contrary is proved.

54. Power to registrar to require explanation and production of documents

The registrar may by summons under his hand in the form in the Eighth Schedule require any person to appear at a time and place to be appointed in such summons and give any explanation concerning any application under this Part, and to produce any documents of title or other documents in his possession or within his control affecting such application. And the registrar is hereby authorized to examine such person upon oath and is hereby empowered to administer such oath; and any such person who fails refuses or neglects to attend the registrar for the purpose of being examined or to produce any such documents of title or other documents or to allow the same to be inspected or refuses or neglects to give any such explanation as aforesaid shall be liable on any such default to be committed by the registrar as in the case of a contempt of the Supreme Court, and if the information or document appears to the registrar to be material the registrar shall not be bound to give any direction in the matter of the application until the information or document is given or produced.

55. Power to state case for the Supreme Court

It shall be lawful for the registrar whenever any question arises with regard to the performance of

No. 3765 s. 53.

s. 53

No. 3765 s. 54.

No. 3765 s. 55.

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32 JB-24/4/97

any duty or the exercise of any of the functions by this Part conferred or imposed on him to state a case for the opinion of the Supreme Court, and thereupon it shall be lawful for the said court to give its judgment thereon and such judgment shall be binding upon the registrar and the said court may make such order as to costs as seems just.

56. Appeal against the decision of the registrar

If any person is dissatisfied with the decision of the registrar on any application under this Part such person may appeal therefrom to the Supreme Court by giving to the registrar and to any other person who has appeared before the registrar on such application, eighteen days' notice in writing of his intention; and within fourteen days after the delivery of such notice the registrar shall cause to be forwarded to the Prothonotary all documents lodged in support of the application together with a copy of his notes of the evidence of any witness who has been examined with reference to the application and a statement of the reasons for his decision, and also if the registrar thinks fit any affidavit or affidavits setting forth any matters he desires to bring under the notice of the court; and upon hearing any such appeal the Supreme Court may affirm vary or reverse the decision of the registrar, and may give any directions in the matter as seems just, and such court may direct that further evidence be taken in addition to the evidence forwarded by the registrar, or that notice of the hearing of such appeal be given to any person, and may adjourn the hearing of any such appeal to allow of such being done, and the registrar shall give effect to the order of the Supreme Court upon hearing such appeal; and the Supreme Court may direct any person who has appeared before the registrar or the Supreme Court in the matter of such application or appeal

s. 56

No. 3765 s. 56.

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to pay the cost of such application or appeal or any part thereof as seems just.

57. Power to the registrar to correct errors

The registrar may correct errors in the Register of Successory Trusts or the Denominational Register or in any document mentioned in section twenty-four of this Act or in entries made in the same or in memoranda made or caused to be made by the registrar under the provisions of this Part, and may supply entries and memoranda omitted to be made under this Part, but in the correction of any such error he shall not erase or render illegible the original words and shall affix the date on which the correction was made or entry or memorandum supplied and initial the same; and every error entry or memorandum so corrected or supplied shall have the like validity and effect as if such error had not been made or such entry or memorandum omitted except as regards any transaction prior to the actual time of correcting the error or supplying the omitted entry or memorandum.

58. Certain fraudulent acts made misdemeanours 1Every person who wilfully makes any false statement or declaration in or upon any application under this Part or suppresses withholds or conceals or assists or joins in or is privy to the suppressing withholding or concealing from the registrar any material document fact or matter of information, and every person who in the course of his examination before the registrar wilfully and corruptly gives false evidence, and every person who fraudulently procures assists in fraudulently procuring or is privy to the fraudulent procurement of any entry in the Register of Successory Trusts or the Denominational Register, or of any erasure or

No. 3765 s. 57.

s. 57

No. 3765 s. 58. S. 58 amended by Nos 9554 s. 2(2)(Sch. 2 item 287), 9576 s. 11(1)(Sch.), 9945 s. 3(3)(Sch. 2 item 31).

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alteration in any entry in either of such registers, or knowingly misleads or deceives any person herein authorized to require explanation or information in respect of any matter, shall be guilty of an indictable offence and shall be liable to a penalty of not more than 50 penalty units or may at the discretion of the court by which he is convicted be imprisoned for a term of not more than three years.

59. Forgery

Every person who forges or procures to be forged or assists in forging the name or signature of any person to any instrument matter or thing which is by this Part or in pursuance of any power contained in this Part expressly or impliedly authorized to be signed by such last-mentioned person, or uses with intent to defraud any instrument matter or thing to which the name or signature of any person has been forged, shall be guilty of an indictable offence and shall be liable to imprisonment for a term of not more than four years.

60. Preceding sections not to affect civil remedies

No proceeding or conviction for any act declared by this Part to be an indictable offence shall affect any remedy which any person aggrieved or injured by such act may be entitled to at law or in equity against the person who has committed such act or against his estate, and nothing in this Part contained shall entitle any person to refuse to make a complete discovery by answering any question or interrogatory in any civil proceeding in any court of law equity or bankruptcy; but no answer to any such question or interrogatory shall be admissible in evidence against such person in any criminal proceeding.

s. 59

No. 3765 s. 59. S. 59 amended by Nos 9576 s. 11(1)(Sch.), 9945 s. 3(3)(Sch. 2 item 31).

No. 3765 s. 60. S. 60 amended by No. 9576 s. 11(1)(Sch.).

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PART III—CHARITABLE TRUSTS

61. Application in case of a charitable trust and determination thereof in a summary way

In every case of a breach of any trust or supposed breach of any trust created for charitable purposes or whenever the direction or order of a court is deemed necessary for the administration of any trust for charitable purposes any two or more persons may with the consent of a law officer apply to the Supreme Court for such relief as the nature of the case may require; and the Supreme Court shall hear the application in a summary way and upon affidavits or such other evidence as is produced upon such hearing determine the same and make such other order therein and with respect to the costs of such application as seems just.

* * * * *

63. Definitions

(1) In this section unless inconsistent with the context or subject-matter—

"administrator" means any person (other than the trustees) administering a trust fund;

"public charitable trust" means a trust under which any property is to be applied for the benefit of any institution or benevolent society within the meaning of the Hospitals and Charities Act 1958, any public library, the University of Melbourne or any affiliated college of the said University, or any public institution for the promotion of education science or art or for the benefit of inmates

No. 3765 s. 61. S. 61 amended by No. 110/1986 s. 140(2)(Sch.).

s. 61

S. 62 repealed by No. 110/1986 s. 140(2)(Sch.). No. 4865 ss 2, 3.

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patients or students thereof; and "Public charity" has a corresponding interpretation;

"trust fund" means any property subject to any public charitable trust and applicable for the benefit of public charity.

(2) On application in that behalf made under this section by the trustees or the administrator of any public charitable trust (whether created before or after the commencement of this Act) the Supreme Court may grant leave empowering the trustees or the administrator—

(a) to apply the trust fund for such further purposes as are necessary or desirable in order to carry out the purposes of the trust or to make them fully effective or are incidental to the carrying out of such purposes; and without affecting the generality of the foregoing;

(b) (where the carrying out of the purposes of the trust will impose on a public charity an expense which is not adequately met by payments made pursuant to the trust) to apply such portion of the trust fund as is proper to meet such expenses—

and thereupon the trustees or the administrator (as the case may be) may exercise such power subject to and in accordance with the leave so granted.

(3) Any trustees or administrator desirous of obtaining leave under this section may make application to the Supreme Court by summons to which the Attorney-General shall be made a party.

__________________

s. 63

S. 63(2) amended by No. 110/1986 s. 140(2)(Sch.).

S. 63(3) amended by No. 110/1986 s. 140(2)(Sch.).

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SCHEDULES

FIRST SCHEDULE

Number of Act

Title of Act

Extent of Repeal

3765 Religious Successory and Charitable Trusts Act 1928

The whole

3822 Sessional Acts Revision Act 1929 Section 6(7)

4865 Public Charitable Trusts Act 1941 The whole

_______________

Section 2.

Sch. 1

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SECOND SCHEDULE

To the Registrar of Titles

I, of hereby apply to have a trust for purposes [if the trust is connected with a religious denomination add "connected with" naming the denomination] registered under Part II of the Religious Successory and Charitable Trusts Act 1958.

1. The nature of the trust appears from the following documents [set out a list of the documents].

2. The names of the present trustees are A.B. of C.D. of &c. Their due appointment appears from the following documents [set out a list of the documents].

3. The manner in which the trustees may be changed appears from the following documents [set out a list of the documents].

4. The trust property consists of the following particulars [set out a list of the trust property].

5. The authority by which the application is made is as follows [set out the authority by which the application is made].

6. This application is made with the consent of [set out the name of the registered head or representative of denomination describing him as such or of the Attorney-General describing him as such].

7. Every document matter and thing relating to or any of the matters aforesaid is mentioned in this application.

_______________

Section 9.

Sch. 2

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THIRD SCHEDULE

Folium 13.

THE ST. PAUL'S MELBOURNE CHURCH OF ENGLAND CHURCH TRUST

Number of Trustees—Three Date of Registration of Trustee

Name of Trustee

Description of Trustee

Signature of Registrar authenti-cating Registra-tion of Trustee

Cause of cessation from office of Trustee

Date of cessation from office of Trustee

Signature of Registrar authenti-cating cessation from office of Trustee

1st January, 1916

John Jones 12 Collins-street east, Melbourne, ironmonger

R. Gibbs

1st January, 1916

Thomas Smith

St. Kilda-road, Melbourne, merchant

R. Gibbs Deceased 4th February, 1916

R. Gibbs

1st January, 1916

William Green

Toorak-road, South Yarra, merchant

R. Gibbs Retired 3rd March, 1916

R. Gibbs

20th February, 1916

James White Swanston-street, Melbourne, grocer

R. Gibbs

3rd March, 1916

Thomas Thomas

4 Elizabeth-street, Melbourne, saddler

R. Gibbs

_______________

Section 11.

Sch. 3

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FOURTH SCHEDULE

MEMORANDUM OF CHANGE OF NAME OF DENOMINATION OR TRUST

The name of the [denomination or trust] heretofore registered in the [Denominational Register or Register of Successory Trusts] under the name of has under the provisions of the Religious Successory and Charitable Trusts Act 1958 in compliance with an application in that behalf No. been changed to

Dated this day of

Registrar of Titles.

_______________

Section 18.

Sch. 4

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FIFTH SCHEDULE

The trustees of the trust registered under Part II of the Religious Successory and Charitable Trusts Act 1958 as [here set out the description of the trust so as to identify it with the proper trust in the Register of Successory Trusts] No. [fill in the number of the folium on which such trust is registered] [or A.B. of, & c. as the case may be] hereby acknowledge to have received all moneys intended to be secured by the within written deed.

Given under our hands [or my hand] this day of

[Signatures of persons entitled to receive the money, trustees.]

_______________

Section 30.

Sch. 5

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SIXTH SCHEDULE

TO THE REGISTRAR OF TITLES

I, the registered [head or representative as the case may be] of [name of denomination] hereby apply to have a trust for purposes for and connected with the said denomination registered under the Religious Successory and Charitable Trusts Act 1958.

(1) The nature of the trust appears from the following documents [set out a list of the documents].

(2) The trust property consists of the following particulars [set out a list of the trust property].

(3) There is no trustee of the said trust and no person or body of persons qualified to appoint such trustee.

(4) This application is made under section 40 of the Religious Successory and Charitable Trusts Act 1958 by me as registered [head or representative as the case may be] of the denomination. The number of my registration is folium of the Denominational Register (Religious Successory and Charitable Trusts Act 1958) in the office of Registrar of Titles.

(5) The names of the persons nominated by me to be registered trustees of the trust are A.B. of C.D. of and E.F. of Their due nomination and consent to be appointed and acceptance of the trusts appear by the following documents [set out the documents of nomination and consent].

(6) There is no document letter or thing relating to or affecting any of the matters aforesaid in my possession or under my control other than those included in the Schedule hereto.

Schedule referred to.

Dated this day of

Made and subscribed } at } in the presence of }

__________________

Section 40.

Sch. 6

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SEVENTH SCHEDULE

SCALE OF FEES2

In each case in addition to the costs of the advertisements (if any):

$

On the application to register a trust, or to register an instrument or document under section fourteen

2.00

On the application to the registrar for any order dispensing with any authority or consent

0.50

On the application to register new name of denomination or trust 2.00

On the application to register the death or cessation from office of a trustee or any memorandum under section thirty-one

0.50

On the application to register the appointment of a new trustee 0.50

On the application to be registered as head or representative of a denomination

2.00

On the withdrawal of an application to be registered as head or representative of a denomination

0.25

On the application by any person for the cancellation of the registry as head or representative of a denomination whether for the whole or any part of Victoria

0.50

On the application by the head or representative of a denomination nominating trustees

2.00

On the application for a vesting order under section forty-two 2.00

For the signature of the registrar to any certificate, copy, extract, or memorandum

0.25

For any copy or extract of a document, or from any register or book, as per folio of seventy-two words

0.05

For returning under section fifteen each document deposited 0.25

For registering memorandum of substitution of deposited or enrolled statements of trusts under section nineteen

0.50

For registering the appointment of trustees under section thirty-nine and forty

0.50

For registration of a vesting order under section forty-two 1.00

$

Section 51.

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44 JB-24/4/97

For returning on withdrawal of application each document deposited

0.25

For order for and inspection of documents permanently retained 0.25

For every search 0.10

For every caveat 1.00

For withdrawal of caveat 0.50

_______________

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EIGHTH SCHEDULE

SUMMONS

In the matter of Part II of the Religious Successory and Charitable Trusts Act 1958.

A.B. [insert addition] is hereby summoned to appear before me at on the day of at of the clock in the [fore] noon then and there to be examined at the instance of C.D. [insert addition] concerning and the said A.B. is hereby required to bring with him and produce at the time and place aforesaid [describe document] and all other writings and documents in his custody or power in anywise relating to the premises.

Given under my hand the day of

Registrar of Titles.

═══════════════

Section 54.

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NOTES

1. General Information The Religious Successory and Charitable Trusts Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.

Notes

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47 JB-24/4/97

2. Table of Amendments This Version incorporates amendments made to the Religious Successory and Charitable Trusts Act 1958 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Decimal Currency Act 1965, No. 7315/1965 Assent Date: 30.11.65 Commencement Date: 14.2.66: Appointed day Current State: All of Act in operation

Penalties and Sentences Act 1981, No. 9554/1981 Assent Date: 19.5.81 Commencement Date: S. 2(2)(Sch. 2 item 287) on 1.9.81: Government

Gazette 26.8.81 p. 2799 Current State: This information relates only to the provisions

amending the Religious Successory and Charitable Trusts Act 1958

Crimes (Classification of Offences) Act 1981, No. 9576/1981 Assent Date: 26.5.81 Commencement Date: 1.9.81: Government Gazette 26.8.81 p. 2799 Current State: All of Act in operation

Penalties and Sentences (Amendment) Act 1983, No. 9945/1983 Assent Date: 20.9.83 Commencement Date: S. 3(3)(Sch. 2 item 21) on 20.12.83: Government

Gazette 14.12.83 p. 4035 Current State: This information relates only to the provisions

amending the Religious Successory and Charitable Trusts Act 1958

Supreme Court Act 1986, No. 110/1986 Assent Date: 16.12.86 Commencement Date: 1.1.87: s. 2 Current State: All of Act in operation

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

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette

30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217

Current State: All of Act in operation

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Notes

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48 JB-24/4/97

3. Explanatory Details

1 S. 58: Section 2(3) of the Penalties and Sentences Act 1981, No. 9554/1981 provides as follows:

(3) Notwithstanding anything to the contrary in this or any other Act, the provisions of the Acts mentioned in Schedule One and in Schedule Two as in force immediately before the commencement of this Act shall apply to and in relation to offences committed or alleged to have been committed and acts done or omitted to be done or alleged to have been done or to have been omitted to be done before the commencement of this Act, and for the purposes of that application the provisions of the Acts mentioned in Schedule One and in Schedule Two as in force immediately before the commencement of this Act shall be deemed to remain in force.

2 Schedule 7: For current scale of fees refer to Religious Successory and Charitable Trusts (Fees) Regulations 1991, No. 299/1991.

Notes