New South Wales Consolidated Acts

RUSSIAN ORTHODOX CHURCH (NSW) PROPERTY TRUST ACT 1991 - SECT 16

16 Vesting of other property in the Trust

(1) To the extent to which an instrument (including a will) provides for any property (other than property to which section 15 applies):

(a) to be given to the Church, to the Diocese or to a Parish, or to a person (other than the Trust) for the benefit of the Church, of the Diocese or of a Parish, or

(b) to be payable to, or receivable by, the Church, the Diocese or a Parish, or any person (other than the Trust) on behalf of the Church, of the Diocese or of a Parish, or

(c) to be recoverable by the Church, by the Diocese or by a Parish, or by any person (other than the Trust) for the Church, for the Diocese or for a Parish,

a reference in the instrument to the Church, to the Diocese, to a Parish, or to that person, is taken to be a reference to the Trust.

(2) To the extent to which an instrument referred to in subsection (1) refers to the Church, the Trust may, for the purpose of determining whether the property concerned is held by the Trust in trust for the Diocese or for a Parish, determine whether that reference should be read as a reference to the Diocese or to a particular Parish or Parishes. Such a determination has effect accordingly.