Version No. 001
Presbyterian Trusts Act 1979
Act No. 9344/1979
Version as at 3 March 2003
table of provisions
Section Page
ii
Section Page
1. Short title, principal Act and commencement 3
2. Definitions 3
3. Interpretation 4
4. Property vested in The Uniting Church in Australia Property Trust (Victoria) 4
5. Matters referred to in Schedule One 5
6. Division of Property 7
7. Transactions referred to in Schedule Two 8
8. Donations, gifts, dispositions, bequests of trust property real
or personal 8
9. Trustees constituting Presbyterian Church of Victoria Trusts Corporation 9
10. Certain proceedings not to be affected by this Act 11
11. Act not to affect Scots' Church property 12
______
SCHEDULES 13
SCHEDULE 1 13
SCHEDULE 2—Transactions to be ratified 38
SCHEDULE 3—Trustees of Presbyterian Church of Victoria Trusts Corporation 41
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ENDNOTES 42
1. General Information 42
2. Table of Amendments 43
3. Explanatory Details 44
ii
Version No. 001
Presbyterian Trusts Act 1979
Act No. 9344/1979
Version as at 3 March 2003
An Act to make further Provision with respect to the Division of certain Property in accordance with The Uniting Church in Australia Act 1977 and Part III of the Schedule to the Presbyterian Church of Australia Act 1971, to amend the Presbyterian Trusts Act 1890 and for other purposes.
1
Act No. 9344/1979
Presbyterian Trusts Act 1979
Preamble
WHEREAS an Act of the Parliament of Victoria intituled the Presbyterian Trusts Act 1890 was passed to provide for the holding of property for the purposes of and in connexion with the Presbyterian Church of Victoria:
AND WHEREAS an Act of the Parliament of Victoria intituled the Presbyterian Church of Australia Act 1971 was passed inter alia to enable the Presbyterian Church of Australia to enter into union with other churches and to provide for those of its congregations that did not concur in the decision to unite:
AND WHEREAS the General Assembly of the Presbyterian Church of Australia on 1 May 1974 resolved that the Presbyterian Church of Australia enter into union with the annual conferences of New South Wales, Victoria and Tasmania, South Australia, Queensland and Western Australia of the Methodist Church of Australasia and with the Congregational Union of Australia on its own behalf and on behalf of those churches on whose behalf the Congregational Union of Australia was empowered so to do:
AND WHEREAS such union took place on 22June 1977 and pursuant to The Uniting Church in Australia Act 1977 the church resulting from such union is The Uniting Church in Australia:
AND WHEREAS since 22 June 1977 a minority of Presbyterians in Victoria in accordance with clause18 of Part III of the Schedule to the said Presbyterian Church of Australia Act 1971 has continued to function as the Presbyterian Church of Victoria:
AND WHEREAS it was the intent of that minority of Presbyterians in Victoria—
(a) that the corporate body of trustees constituted under the Presbyterian Trusts Act 1890 by the name of the Presbyterian Church of Victoria Trusts Corporation should continue to exist to act as the corporate body of trustees of those Presbyterians who elected to and have continued to function as the Presbyterian Church of Victoria; and
Preamble
(b) that the provisions of the Presbyterian Trusts Act 1890 and the Presbyterian Church of Australia Act 1900 should continue to extend and apply to and in relation to the Presbyterian Church of Victoria and to the property of that church:
AND WHEREAS it is expedient to give effect to that intention and to confirm, ratify and validate the arrangements made for the division of certain property between The Uniting Church in Australia and the Presbyterian Church of Victoria:
BE IT THEREFORE 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, principal Act and commencement
s. 1
(1) This Act may be cited as the Presbyterian Trusts Act 1979.
(2) In this Act the Presbyterian Trusts Act 1890 is called the Principal Act.
(3) This Act shall be deemed to have come into operation on 22 June 1977.
2. Definitions
(1) In this Act, unless the contrary intention appears—
"Presbyterian Church of Victoria" means the Presbyterian Church continuing to function on and after 22 June 1977 under that name or style in accordance with clause 18 of Part III of the schedule to the Presbyterian Church of Australia Act 1971;
"Presbyterian Church of Victoria Trusts Corporation" means the corporate body of trustees constituted under the Principal Act;
"school" means—
(a) Ballarat and Clarendon College;
(b) Geelong College;
(c) Haileybury College;
(d) Hamilton and Alexandra College;
(e) Morongo Presbyterian Girls' College, Geelong;
(f) Penleigh and Essendon Grammar School;
(g) Presbyterian Ladies' College;
(h) Scotch College; or
(i) St. Leonard's College;
"school property" means any property held or used for or in connexion with a school.
(2) Nothing in this Act except section 7 shall extend or apply to or in relation to any school or school property.
3. Interpretation
s. 3
(1) In section 2 of the Principal Act for the interpretation of "Church" there shall be substituted the following interpretation:
' "Church" means the Presbyterian Church of Victoria continuing to function under the name or style of the Presbyterian Church of Victoria in accordance with clause 18 of PartIII of the Schedule to the Presbyterian Church of Australia Act 1971.'.
(2) As on and from 22 June 1977 the Principal Act shall be read and construed and have effect, subject to The Uniting Church in Australia Act 1977 and the Presbyterian Church of Australia Act 1971, as if any reference to church or to the Presbyterian Church of Victoria however described in the model trust deeds of the Presbyterian Church of Victoria or in any other instrument or document made before 22 June 1977 were a reference to the Presbyterian Church of Victoria continuing to function under that name or style in accordance with clause 18 of the Schedule to the Presbyterian Church of Australia Act 1971.
4. Property vested in The Uniting Church in Australia Property Trust (Victoria)
(1) Subject to the operation of section 6 and except as is otherwise provided by or under the provisions of this Act or the Presbyterian Church of Australia Act 1971 and in particular by or under section 3 of the last-mentioned Act but subject to The Uniting Church in Australia Act 1977 any other real or personal property (other than property acquired on or after 22 June 1977) that before the day upon which this Act receives the Royal Assent, was vested in any person subject to the Principal Act or otherwise in trust for the Presbyterian Church or any congregation, board or committee of management, session, presbytery, committee, council, board or other institution, organization or section thereof is hereby divested from that person and to the extent that it was so vested is without any further act or instrument hereby vested as on and from the day upon which this Act receives the Royal Assent in The Uniting Church in Australia Property Trust (Victoria) and shall be held by that Trust in accordance with the provisions of The Uniting Church in Australia Act 1977.
(2) The property vested in The Uniting Church in Australia Property Trust (Victoria) by sub-section (1) shall be deemed to have been vested pursuant to section 20(3) of The Uniting Church in Australia Act 1977 and sub-sections (4), (5), (6) and (7) of the said section 20 and sections 22, 23 and 24 of that Act shall extend and apply accordingly.
5. Matters referred to in Schedule One
s. 5
(1) Subject to the operation of section 7 the property referred to in Part A of Schedule One shall be retained by the Presbyterian Church of Victoria Trusts Corporation and shall continue to be subject to the provisions and trusts of the Principal Act as amended by this Act.
(2) Subject to the operation of section 7 the property referred to in column 3 of Part B of Schedule One shall be vested in the trustees named in column 4 of Part B of Schedule One upon the same trusts as the property was held immediately before the commencement of this Act and any reference to the Presbyterian Church of Victoria however described in any documents relating to those trusts shall be read and construed as a reference to the Presbyterian Church of Victoria as defined in this Act.
(3) The Register of Trustees kept pursuant to section21 of the Principal Act shall be amended so as to accord with Part B of Schedule One and to relate to the property therein described and as so amended shall be deemed to be the Register as at the commencement of this Act and thereafter the provisions of the Principal Act shall apply thereto as if that Register was the Register duly kept by the Moderator for the purposes of the Principal Act.
s. 5
(4) Subject to the operation of section 7 the land reserved for church purposes in the localities referred to in column 1 of Part C of Schedule One by the Orders in Council referred to in column 2 of the said Part C shall be and be deemed to have always been reserved for the purposes of the Presbyterian Church of Victoria as defined in this Act and the provisions of Act No. 391 intituled "An Act to provide for the abolition of State aid to religion" shall apply accordingly.
(5) Subject to the operation of section 6 where any other real or personal property (other than property referred to in Schedule One) is by or under the provisions of the Presbyterian Church of Australia Act 1971 and in particular by or under the operation of section 3 of that Act to be retained by the Presbyterian Church of Victoria Trusts Corporation or any other person in trust for the Presbyterian Church of Victoria or any congregation, board or committee of management, session, presbytery, committee, council, board or other institution, organization or section thereof, that property remains vested in the Presbyterian Church of Victoria Trusts Corporation or that other person for the purposes of the Presbyterian Church of Victoria subject to the provisions and trusts of the Principal Act as amended by this Act unless or until otherwise lawfully disposed of on or after 22 June 1977 and the register referred to in sub-section (3) shall be amended as required.
6. Division of Property
s. 6
(1) Where any property (other than property acquired on or after the 22nd day of June, 1977) was immediately before the day on which this Act receives the Royal Assent vested in a person subject to the Principal Act or otherwise in trust for the Presbyterian Church or any congregation, board or committee of management, session, presbytery, committee, council, board or other institution, organization or section thereof and the Commission set up in accordance with Part III of the Schedule to the Presbyterian Church of Australia Act 1971 has determined that that property is to be divided between The Uniting Church in Australia Property Trust (Victoria) and the Presbyterian Church of Victoria Trusts Corporation in the proportion of 75 per cent to The Uniting Church in Australia Property Trust (Victoria) and 25 per cent to the Presbyterian Church of Victoria Trusts Corporation that property shall be held—
(a) as to the real property (including chattels real) upon trust to sell the same; and
(b) as to personal property upon trust to call in, sell and convert into money the whole or such part thereof as may not consist of money—
and 75 per cent of the net proceeds to arise from the sale, conversion and calling in of such real and personal property (after payment of costs) shall be paid to The Uniting Church in Australia Property Trust (Victoria) to be held in accordance with the provisions of The Uniting Church in Australia Act 1977 and 25 per cent of such net proceeds shall be paid to the Presbyterian Church of Victoria Trusts Corporation to be held subject to the provisions and trusts of the Principal Act as amended by this Act.
(2) The Presbyterian Church of Victoria Trusts Corporation and The Uniting Church in Australia Property Trust (Victoria) are hereby authorized and required to do everything necessary to give effect to any determination referred to in sub-section (1).
7. Transactions referred to in Schedule Two
s. 7
Without limiting the generality of the foregoing the transactions referred to in Schedule Two and the instruments referred to therein shall be deemed to have been validly entered into and shall be in all respects valid and effectual accordingly.
8. Donations, gifts, dispositions, bequests of trust property real or personal
(1) Every donation, gift, disposition, bequest or trust of property real or personal whether by deed, will or otherwise, to or in trust for the Presbyterian Church of Victoria which vests or takes effect on or after 22 June 1977 shall not fail by reason of the operation of the Presbyterian Church of Australia Act 1971, The Uniting Church in Australia Act 1977 or this Act.
(2) Where there is any dispute as to whether any property referred to in sub-section (1) should be held on the trusts and for the purposes of The Uniting Church in Australia or the Presbyterian Church of Victoria the matter may be determined by the agreement of the Moderator of the Victorian Synod of The Uniting Church in Australia and the Moderator of the General Assembly of the Presbyterian Church of Victoria and in default of any such agreement shall be determined by the Supreme Court in accordance with law.
9. Trustees constituting Presbyterian Church of Victoria Trusts Corporation
s. 9
(1) Notwithstanding anything to the contrary in this Act and notwithstanding any rules made by the General Assembly of the Presbyterian Church of Victoria or anything done or purporting to have been done by or under the authority of the General Assembly those persons who were the trustees constituting the Presbyterian Church of Victoria Trusts Corporation immediately before 22 June 1977 shall be deemed to have continued to be lawfully appointed trustees of that Corporation and all proceedings of and acts, matters and things done or transacted by the Presbyterian Church of Victoria Trusts Corporation constituted by those trustees on or after 22 June 1977 and before this Act receives the Royal Assent shall be in all respects valid and effectual accordingly as if they had continued to have the same powers and duties in respect of property vested in the Corporation as they had in respect of that property immediately before 22 June 1977.