Victorian Consolidated Legislation

Free Presbyterian Church Property Act 1953 - SECT 5

Vesting of real property on appointed day

5. Vesting of real property on appointed day



(1) On the appointed day all real property set forth in the Schedule to this
Act shall vest in the body corporate for an estate in fee simple without the
necessity for any conveyance transfer or other assurance of such property and
the Register of Successory Trusts shall thereupon as to such real property be
closed and the Registrar of Titles shall upon production to him of any
documents of title endorsed under section sixteen of the Religious Successory
and Charitable Trusts Act 1928 cancel such endorsement.

(2) On the appointed day all interests in property other than the real
property set forth in the Schedule to this Act being interests held
immediately before the appointed day by or in trust for some or all the
purposes of-

   (a)  the Free Presbyterian Church of Victoria or the Synod or Presbytery
        thereof; or

   (b)  the Free Presbyterian Church of Australia or the Assembly thereof; or





   (c)  any sessions, deacons' court, congregation, committee, organisation or
        fund in connection with the Free Presbyterian Church of Victoria or
        the Free Presbyterian Church of Australia-

shall by virtue of this Act take effect as if held by or in trust for the like
purposes of the body corporate.

(3) Where property is held on trust immediately before the appointed day and
the terms of the trust instrument authorise the trustees immediately or in the
future or require the trustees at some time or in circumstances which will
occur after the appointed day to apply any part of the capital or income of
the trust property for any of the bodies specified in the last preceding
sub-section or for some or all of the purposes thereof or for the purpose of
any fund which by the said sub-section is vested in the body corporate the
trust instrument shall be construed as authorising or, as the case may be,
requiring the trustees to apply the trust property to the like extent and at
the like times for the purpose
of making payments whether of capital or income or to be applied as capital or
income to the body corporate.

(4) Where by any gift devise bequest or declaration of trust, whether
contained in any will or other instrument or made otherwise, coming into
operation after the appointed day (irrespective of whether if contained in any
will or other instrument such will or other instrument was made or executed
before or after the appointed day) any interest in property is given or
expressed to be given to or in trust for some or all the purposes of-

   (a)  the Free Presbyterian Church of Victoria or the Synod or Presbytery
        thereof; or

   (b)  the Free Presbyterian Church of Australia or the Assembly thereof; or

   (c)  the Presbyterian Church of Eastern Australia or the Synod or any
        presbytery thereof; or

   (d)  any sessions, deacons' court, congregation, committee, organisation or
        fund in connection with the Free Presbyterian Church of Victoria, the
        Free Presbyterian Church of Australia or the Presbyterian Church of
        Eastern Australia-

that interest in property shall by virtue of this Act take effect as if given
to or in trust for the like purposes of the body corporate, and where by the
terms of any trust instrument coming into operation after the appointed day
trustees are authorised to apply any part of the capital or income of trust
property held in trust by them for any of the bodies specified in this
sub-section or for some or all of the purposes thereof or for the purpose of
any fund which by this section is vested in or held in trust for
the body corporate such trust instrument shall be construed as authorising the
said trustees to apply the trust property to the like extent and at the like
times for the purpose of making payments whether of capital or income or to be
applied as capital or income to the body corporate.

(5) Upon any property of or held in trust for some or all of the purposes of
any of the bodies specified in the last preceding sub-section or for the
purpose of any fund vested in or held in trust for the body corporate pursuant
to this section coming into Victoria after the appointed day that property
shall vest in or be held in trust for the like purposes of the body corporate.



(6) Where any property which becomes vested in the body corporate under or by
virtue of this Act consists of property registered under the
Transfer of Land Act 1958 the Registrar of Titles on application to him in
that behalf and proof to his satisfaction of the facts relating thereto and on
payment of the proper fees shall give effect in the Register to such vesting
by registering the body corporate as the proprietor of such property.

(7) After the real property set forth in the Schedule to this Act has vested
in the body corporate any person who was a trustee of any of the said property
prior to such vesting shall when called upon so to do by the body corporate
hand or cause to be handed over to it all title deeds, certificates of title,
documents and writings of or relating to such property which may be in his
possession or under his control.