Victorian Consolidated Legislation

RELIGIOUS AND SUCCESSORY TRUSTS ACT 1958

No. 6357 of 1958
Version incorporating amendments as at 7 September 2007

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Repeal

   PART I-RELIGIOUS TRUSTS

   3.      No moneys to be paid by State for church parsonage or
           minister unless trustees appointed

   PART II-SUCCESSORY TRUSTS

   4.      Definitions
   5.      What trusts may be registered under this Part
   6.      Authority and consent required for the registration of a trust
   7.      Proof required of authority or consent for registration of a trust
   8.      Power to registrar to dispense with authority of trustees absent
           or not to be found etc.
   9.      Application to register a trust how made
   10.     Application how dealt with
   11.     Register of successory trusts
   12.     Trusts how registered
   13.     Documents declaring trusts how dealt with
   14.     Alteration in trusts already registered
   15.     Documents declaring trusts to be retained by the registrar or delivered up to persons entitled on deposit of copies
   16.     Indorsement of documents of title
   17.     Provision for causing notice that lands are subject to the operation of this Part to appear upon the memorial of
           registration under the general law for the registration of
           written documents
   18.     Registration of new name of denomination or institution or
           body of persons
   19.     Substitution of model trust deed or new statement of trusts
   20.     Registration of death of trustee the date of whose death is
           known
   21.     Registration of death of trustee the date of whose death is unknown
   22.     Registration of retirement of trustee
   23.     Registration of new trustee
   24.     Power to make transfers to and recordings in the Register in relation to the trustees of registered trusts as such
   25.     Vesting of trust property in the registered trustees for the time being
   26.     Trustees of registered trusts to cause property to be dealt with
           so as to vest in their successors
   27.     How legal proceedings may be had with respect to property
           held on a registered trust
   28.     Entries in the register conclusive and proved by certified
           copies
   29.     Registered trusts how proved
   30.     Lands mortgaged to trustees of registered trusts may be
           re-vested by the receipt of the trustees
   31.     Power for succeeding trustee with his creditors' consent to undertake any liability in discharge of his predecessor
   32.     Power to persons in whom chose in action becomes vested
           to sue in their own names
   33.     Application for registration as head or representative of a religious denomination
   34.     Application how dealt with
   35.     Registration of head or representative of denomination when there has been no previous registration
   36.     Succeeding head or representative of denomination how registered
   37.     Head or representative of denomination succeeding in part only how registered
   38.     Registration of head or representative of denomination may be cancelled at his request
   39.     Power to registered head or representative to nominate
           trustees and for the registration of the same in certain cases of
           registered trusts
   40.     Power to registered head or representative to nominate trustee and to apply for the registration of the trust in certain cases
   41.     Provisions of this Part to extend to and govern the trusts so registered
   42.     Vesting orders may in certain cases be made by the Registrar concurrently with the Supreme Court
   43.     Notice of application to be advertised and served
   44.     Person objecting to application can lodge caveat
   45.     Supreme Court may require the production of title deeds in support of an application under section 40 or section 42.
   46.     How vesting order carried out by registrar when property not under Transfer of Land Act 1958.
   47.     How vesting order carried out by registrar when property under the Transfer of Land Act 1958.
   48.     Vesting order not to operate until registered
   49.     Applicant may withdraw his application
   50.     Inspection of documents retained by the registrar
   51.     Fees
   52.     Denominational Register and certified copies thereof made evidence
   53.     Documents purporting to be certified copies to be deemed
           such
   54.     Power to registrar to require explanation and production of documents
   55.     Power to state case for the Supreme Court
   56.     Appeal against the decision of the registrar
   57.     Power to the registrar to correct errors
   58.     Certain fraudulent acts made misdemeanours
   59.     Forgery
   60.     Preceding sections not to affect civil remedies

   PART III-TRANSITIONAL

   61.     Change of name of Act
           62, 63. Repealed
           __________________
           SCHEDULE 1-Extent of Repeal
           SCHEDULE 2-Application to Register Trust
           SCHEDULE 3-The St. Paul's Melbourne Church of England Church Trust
           SCHEDULE 4-Memorandum of Change of Name of Denomination or Trust
           SCHEDULE 5-Receipt of Trustees
           SCHEDULE 6-Application to Register Trust
           SCHEDULE 7-Scale of Fees
           EIGHTH SCHEDULE-Summons
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details