New South Wales Consolidated Acts

RUSSIAN ORTHODOX CHURCH (NSW) PROPERTY TRUST ACT 1991 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 25)

Part 1 - Provisions consequent on enactment of Act

1 Definitions

In this Schedule:
"former trustee" means the association or any other person in whom, immediately before the vesting day, property was vested in trust for the Church, for the Diocese or for a Parish.
"the 2001 amending Act" means the Russian Orthodox Church Property Trust Amendment Act 2001 .
"vesting day" means the day on which property vests in the Trust in accordance with section 15, being:

(a) in the case of property that vested in accordance with that section as originally enacted-the appointed day under this Act as originally enacted, or

(b) in the case of property that vests in accordance with that section as amended by the 2001 amending Act-the day on which that amendment commences.

2 Provisions relating to property vested in the Trust under section 15

On and from the vesting day, the following provisions have effect in relation to property vested in the Trust in accordance with section 15:

(a) the rights and liabilities of a former trustee become rights and liabilities of the Trust to be exercised and discharged in accordance with this Act,

(b) the obligations of a former trustee become obligations of the Trust to be performed in accordance with this Act,

(c) proceedings before a court or tribunal by or against a former trustee that, immediately before the vesting day, were pending or in the course of being heard become proceedings by or against the Trust,

(d) to the extent to which an act, matter or thing done or omitted to be done on behalf of a former trustee had any force or effect immediately before the vesting day, it becomes an act, matter or thing done or omitted to be done by the Trust,

(e) a reference in any document to a former trustee becomes a reference to the Trust,

(f) time that had commenced to run in relation to a former trustee becomes time that had commenced to run in relation to the Trust.

Part 2 - Provisions consequent on enactment of Russian Orthodox Church Property Trust Amendment Act 2001

3 Change of name of Trust

(1) The Russian Orthodox Church (NSW) Property Trust is a continuation of and the same legal entity as the Russian Orthodox Church Outside of Russia in Australia and New Zealand Property Trust as constituted by this Act immediately before the commencement of this clause.

(2) Subclause (1) does not affect the operation of section 53 (Alterations of names and constitutions) of the Interpretation Act 1987 .

4 Previous operation of section 15

The amendment of section 15 by the 2001 amending Act does not affect the previous operation of that section.