New South Wales Consolidated Acts

UNITING CHURCH IN AUSTRALIA ACT 1977 - SECT 20

20 Vesting of certain property in the Trust

(1) Subject to this Act, any property that, immediately before the appointed day, was vested in the Methodist Church (N.S.W.) Property Trust, or was vested in any other person in trust for the Methodist Church, is hereby divested from that Trust or other person and is, to the extent that it was so vested, hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act.

(2) Subject to this Act, any property that, immediately before the appointed day, was vested in The Congregational Union of New South Wales, or was vested in any other person in trust for the Congregational Church (except the property referred to in Schedules 5, 6 and 7 to the Fellowship of Congregational Churches (New South Wales) Incorporation Act 1977 , and the property referred to in Schedule 2 to the Hunters Hill Congregational Church Act 1977 ) is hereby divested from that Union or other person and is, to the extent that it was so vested, hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act.

(3) Subject to this Act and to all rights created or conferred by or pursuant to the provisions of the Presbyterian Church of Australia Act 1971 and, without restricting the generality of the foregoing, to section 4 of that Act and clause 18 of the Schedule to that Act, any property that, immediately before the day appointed and notified under section 2 (3), was vested in any person subject to The Presbyterian Church (New South Wales) Property Trust 1936 , or was vested in any other person in trust for the Presbyterian Church or any congregation, board or committee of management, session, presbytery, committee, council, board or other institution, organisation or section thereof is hereby divested from that person and is, to the extent that it was so vested, hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act.

(4) If the appointed day is earlier than the day appointed and notified under section 2 (3), subsection (3) of this section does not operate so as to vest any property that, immediately before the appointed day, was not vested in any person subject to The Presbyterian Church (New South Wales) Property Trust Act 1936 , and was not vested in any other person in trust for the Presbyterian Church or any congregation, board or committee of management, session, presbytery, committee, council, board or other institution, organisation or section thereof.

(5) Subject to this Act, any property that, immediately before the appointed day, was vested in the body corporate constituted under the Camden College Act, or was vested in any other person in trust for Camden College, is hereby divested from that body or other person and is, to the extent that it was so vested, hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act.

(6) Subject to this Act, any property that, immediately before the appointed day, was vested in Tahmoor Children’s Homes, a company, or was vested in any other person in trust for that company, is hereby divested from that company or other person and is, to the extent that it was so vested, hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act.

(7) Subject to this Act, any property that, immediately before the appointed day, was vested in the Congregational Homes Trust of N.S.W., a company, or was vested in any other person in trust for that company, is hereby divested from that company or other person and is, to the extent that it was so vested, hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act.

(8) Subject to this Act, all property which pursuant to the foregoing provisions of this section becomes vested in the Trust is freed and discharged from all of the provisions and trusts of The Congregational Union Incorporation Act, the Methodist Church (N.S.W.) Property Trust Act 1969 , The Presbyterian Church (New South Wales) Property Trust Act 1936 and the Camden College Act.

(9) Except in relation to the trusts declared by the Acts mentioned in subsection (8), the vesting effected by the foregoing provisions of this section shall be without prejudice to:

(a) any special trust,

(b) any resulting trust,

(c) any trust in favour of a donor,

(d) any trust in favour of a person other than the Uniting Churches or any one or more of them, and

(e) any reservation, mortgage, charge, encumbrance, lien or lease,

that, immediately before the appointed day, affected the property vested.

(10) The land described in Indenture dated 8 January 1906, registered No 692 Book 799, on which land is situated the Woollahra Congregational Church Manse, is hereby freed and discharged from the trusts declared by the Indenture and is hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act.

(11) Subject to this Act, all property that, immediately before the appointed day, was vested in the body corporate constituted by the Camden College Act to hold upon the terms and conditions and for the purposes set forth in an Indenture dated 21 March 1878, and referred to therein as the “David Livingstone or Work and Trust Bursaries”, or was vested in any other person in trust for the purposes therein set forth, is hereby divested from that body or other person and is, to the extent that it was so vested, hereby vested (without conveyance) in the Trust, upon the terms and conditions and for the purposes set forth in the Indenture, as varied by certain orders of the Supreme Court in its equitable jurisdiction made on 30 July 1917, 9 September 1937 and 28 February 1964.

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

(13) In this section, "special trust" means any trust other than a trust for the general purposes of the Congregational Church, the Methodist Church or the Presbyterian Church.