New South Wales Consolidated Acts

ANGLICAN CHURCH OF AUSTRALIA (BODIES CORPORATE) ACT 1938 - SECT 9

9 Vesting of property

(1) Subject to subsection (2):

(a) all real and personal property which, immediately before the commencement of this Act, was vested in or held by any person (including the Church of England Property Trust, Diocese of Sydney) upon any trust for the management, government or control of which the Glebe Administration Board is constituted shall, without any conveyance, vest in the Glebe Administration Board,

(b) all real and personal property which, immediately before the commencement of this Act, was vested in or held by any person (including the Church of England Property Trust, Diocese of Sydney) upon trust for the Sydney Church of England Girls’ Grammar School shall, without any conveyance, vest in the Sydney Church of England Girls’ Grammar School Council,

(c) all real and personal property which, immediately before the commencement of this Act, was vested in or held by any person (including the Church of England Property Trust, Diocese of Sydney) upon trust for Abbotsleigh shall, without any conveyance, vest in The Council of Abbotsleigh,

(d) all real and personal property which, immediately before the date upon which a body corporate is constituted pursuant to section 4, is vested in any person (including the corporate trustees of the diocese at the instance of the Synod of which the body corporate was constituted) upon any trust for the management, government and control of which the body corporate is constituted shall, without any conveyance, vest in the body corporate.

(2) Where the property, or any part of the property referred to in subsection (1):

(a) is vested in or held by the corporate trustees and is subject to any mortgage, charge or other incumbrance, such property shall not vest in the body corporate unless and until either the mortgage, charge or incumbrance is discharged or the corporate trustees and the person entitled to the benefit of the mortgage, charge or incumbrance consent in writing to the vesting,

(b) is vested in or held by any person other than the corporate trustees and is subject to any mortgage, charge or other incumbrance, such property shall not vest unless and until either the mortgage, charge or incumbrance is discharged or such person and the person entitled to the benefit of the mortgage, charge or incumbrance consent in writing to the vesting.

(3) All property conveyed or transferred to or vested in a body corporate under this section shall be deemed to be church trust property within the meaning of the Church of England Trust Property Act 1917 , as amended by subsequent Acts, and that Act, as so amended, shall apply to and in respect of such property.

(4) Where the members of an unincorporated body are constituted a body corporate by or under this Act, the body corporate shall have and be subject to all the rights, powers, remedies, liabilities and obligations and may exercise and discharge all or any of the rights, powers and remedies which the members of the unincorporated body would have had and been subject to and might have exercised and discharged if the body corporate had not been so constituted.

(5) Where any property is vested in a body corporate pursuant to this section that body corporate shall, in relation to that property, have and be subject to all the rights, powers, remedies, liabilities and obligations and may exercise and discharge, in relation to that property, all or any of the rights, powers and remedies which the person in whom the property was theretofore vested or by whom it was theretofore held, would have had and been subject to and might have exercised and discharged in relation to that property if the property had not been divested from him and vested in the body corporate.

(6) In subsections (4) and (5) the expression "unincorporated body" includes the board and the councils referred to in section 3, and also includes unincorporated bodies as defined in section 4.