Victorian Consolidated Legislation

Scout Association Act 1932 - SECT 6

Transfer etc. of properties to the corporation

6. Transfer etc. of properties to the corporation



(1) Any person-

   (a)  who at the commencement of this Act holds;

   (b)  who hereafter acquires; or

   (c)  to whom is or has been given devised or bequeathed-

any real or personal property in Victoria upon trust for or on behalf of or
for the benefit of the British Association or the Australian Association or a
branch of the British Association or the Australian Association or any area or
county council or district or local association or group or body formed under
the Policy Organization and Rules of the British Association or Australian
Association or any committee of the British Association or the Australian
Association in Victoria shall (if and when required by notice in writing from
the corporation so to do) transfer convey and assign unto the corporation at
its cost such real or personal property as aforesaid but subject to any
conditions or trust upon which the same is held acquired given devised or
bequeathed.

(1A) Where pursuant to this section or an order made under this section
property is transferred, conveyed or assigned to or vested in the Corporation
upon trust or subject to the condition that the property be held for or on
behalf of or for the benefit of the British Association, the Corporation may
notwithstanding that trust or condition apply and use the property for or on
behalf of or for the benefit of the Australian Association but otherwise in
accordance with the trust or condition as if a reference in the trust or
condition to the British Association were a reference to the Australian
Association, and the trust or condition shall have effect accordingly, unless
an order under this section provides in respect of particular property that
this subsection shall not apply.

(2) Any notice requiring the transfer conveyance or assignment of any such
real or personal property-

   (a)  shall be signed by the general secretary or other authorized officer
        of the corporation; and

   (b)  shall be deemed to have been properly served upon and received by the
        person or persons to whom it is addressed at the expiration of three
        days after it has been forwarded by registered post addressed to such
        person or in the case of joint holders then to one of such joint
        holders at his usual or last known place of residence in Victoria:

Provided that property vested in held by or on behalf of or which is given
devised or bequeathed to any sponsored group may subject to any express trust
affecting the same be held in trust for such purposes and be disposed of in
such manner as the sponsoring authority of such group from time to time
determines; but in the event of any such sponsoring authority dealing with any
such real or personal property in a manner contrary to the conditions and
trusts upon which the same is held the corporation may by notice in writing
given as aforesaid require the organization by which such sponsoring authority
was appointed or the sponsoring authority to transfer convey and assign such
real or personal property to the corporation.

(3) Upon service of any such notice as aforesaid the real or personal property
in respect of which such notice has been given shall immediately vest in the
corporation but subject as aforesaid to any conditions and trusts upon which
it is held and any person organization or sponsoring authority served with
such notice shall be immediately divested of such real and personal property
mentioned therein.

(4) Any person organization or sponsoring authority served with any such
notice aforesaid may apply by summons to a judge of the Supreme Court for an
order that any such transfer conveyance or assignment of any such real or
personal property shall be subject to such terms and conditions as the judge
may determine are just and equitable having regard to all the circumstances of
the case.

(5) In the event of the person organization or sponsoring authority holding as
aforesaid any real or personal property (other than land under the Transfer of
Land Acts) the legal interest in which is transferable or assignable by deed
or other document in writing after service upon him or it requiring him or it
so to do refusing or neglecting to execute a conveyance or an assignment
thereof to the corporation or in the event of the whereabouts of any such
person being unknown-

   (a)  the corporation may apply to a judge of the Supreme Court for an order
        directing the Prothonotary of the Supreme Court to execute for and on
        behalf of such person organization or authority a conveyance or an
        assignment of such real or personal property to the corporation; and

   (b)  upon proof to the satisfaction of such judge-

   (i)  that such real or personal property is held by such person
        organization or sponsoring authority upon trust for or on behalf of or
        for the benefit of the British Association or the Australian
        Association or a branch of the British Association or the Australian
        Association or any area or county council, district or local
        association or group or body as aforesaid or any committee thereof as
        aforesaid;

   (ii) that notice as aforesaid requiring such person organization or
        sponsoring authority to convey or assign such real or personal
        property has been given in manner herein provided; and

   (iii) that such person organization or sponsoring authority refuses or
        neglects to execute such conveyance or assignment as aforesaid or that
        the whereabouts of such person is unknown-

the judge may make such order and the said Prothonotary shall thereupon do and
perform all such acts and things as may be necessary to convey or assign such
real or personal property to the corporation but subject as to any real
property to any charge mortgage lease or easement then affecting the same and
to the trusts on which it was held by such person organization or sponsoring
authority.

(6) Any person in Victoria who has at any time acquired real or personal
property by using the name of the British Association or the Australian
Association or of any branch of the British Association or the Australian
Association or of any area or county council, district or local association or
group or body formed as aforesaid and who is in possession of or otherwise
holds such real or personal property shall be deemed to be a person holding
such real or personal property upon trust for or on behalf of or for the
benefit of such British Association or Australian Association or branch of the
British Association or the Australian Association or area or county council or
district or local association or group or body formed as aforesaid.

(7) Any liabilities in respect of any real or personal property which may
hereafter become vested in the corporation by virtue of the provisions of this
section may thereupon be enforced against the corporation.

(8) Any rights accrued or accruing or to accrue to any person in Victoria on
behalf of the British Association or Australian Association are and shall be
hereby vested in and may be enforced by the corporation on behalf of the
British Association or the Australian Association (as the case may be).

(9) For the purposes of this Act-

   (a)  a group that was a controlled group within the meaning of this Act as
        in force immediately before the date of commencement of the Scout
        Association Act 1983 shall on and from that date be deemed to be a
        sponsored group; and



   (b)  a person or committee that was a controlling authority within the
        meaning of this Act as in force immediately before the date of
        commencement of the Scout Association Act 1983 shall on and from that
        date be deemed to be a sponsoring authority.