New South Wales Consolidated Acts

RUSSIAN ORTHODOX CHURCH (NSW) PROPERTY TRUST ACT 1991 - SECT 15

15 Vesting of property in the Trust

(1) Any property that was, immediately before the commencement of the 2001 amendment, vested in the association or in any other person in trust for the Diocese or for a Parish is, on that commencement, divested from the Association or that person and is, to the extent that it was so vested, vested (without conveyance) in the Trust:

(a) in trust for the Diocese (in the case of property that was so vested in trust for the Diocese), or

(b) in trust for the Parish concerned (in the case of property that was so vested in trust for a Parish).

(1A) In subsection (1), "the 2001 amendment" means the substitution of that subsection by the Russian Orthodox Church Property Trust Amendment Act 2001 .

(2) The vesting of the property in the Trust does not affect:

(a) any reservation, mortgage, charge, encumbrance, lien or lease that affected the property, or

(b) any trust on which the property was held,

immediately before the vesting of the property.

(3) No attornment to the Trust by a lessee of land vested in the Trust by this section is necessary.

(4) An instrument executed only for:

(a) the purpose of giving effect to this section, or

(b) a purpose ancillary to, or consequential on, the operation of this section,

is exempt from New South Wales stamp duty.