New South Wales Consolidated Acts

BAPTIST CHURCHES OF NEW SOUTH WALES PROPERTY TRUST ACT 1984 - SECT 16

16 Vesting of certain property in the Trust

(1) Subject to this Act, any property that, immediately before the appointed day, was vested in the Baptist Union upon trust:

(a) for any congregation, society, District Association or other unincorporated association of persons (including a committee or agency of the Baptist Union),

(b) for any person, or

(c) for any charitable or other purpose,

is hereby divested from the Baptist Union and is hereby vested, without any further conveyance or transfer, in the Trust.

(2) For the avoidance of doubt, the vesting effected by subsection (1):

(a) includes all property that, immediately before the appointed day, was vested in the Baptist Union pursuant to section 10 of the Incorporation Act as in force before that day, and

(b) excludes:

(i) all property that, immediately before the appointed day, was vested in the Baptist Union beneficially in its own right, and

(ii) the property known as 58 Parramatta Road and 70 Arundel Street, Glebe, being the whole of the land comprised in the folio of the Register kept under the Real Property Act 1900 and numbered Volume 7037 Folio 147.

(3) The vesting effected by subsection (1) shall not affect:

(a) any reservation, mortgage, charge, encumbrance, lien or lease that, immediately before the appointed day, affected the property so vested, or

(b) except as provided by subsection (4), any trust on which that property was held immediately before that day.

(4) Where property vested in the Trust by subsection (1) was, immediately before the appointed day, held by the Baptist Union on behalf of a congregation upon the trusts and subject to the provisos and conditions set out in Schedule B to the Incorporation Act (whether or not the property was vested in the Baptist Union under section 10 of that Act), the property shall, on its being so vested in the Trust:

(a) cease to be held on behalf of the congregation upon those trusts and subject to those provisos and conditions, and

(b) be held by the Trust on behalf of the congregation subject to the provisions of this Act relating to any such property.

(5) No attornment to the Trust by any lessee of property vested in it by this section shall be necessary.

(6) Any instrument, within the meaning of the Stamp Duties Act 1920 , executed only for:

(a) a purpose ancillary to, or consequential on, the operation of subsection (1) or (3), or

(b) the purpose of giving effect to either or both of those subsections,

is not chargeable with stamp duty.

(7) Nothing in this section revives any trust extinguished by the operation of section 11 of the Incorporation Act as in force before the appointed day.