UNITING CHURCH IN AUSTRALIA ACT 1976 - SECT 20
UNITING CHURCH IN AUSTRALIA ACT 1976 - SECT 20
20 . Vesting of certain property in Trust
(1) Subject to this
Act, all property that, immediately before the appointed day, was vested the
Methodist Church (W.A.) Property Trust or otherwise in trust for the Methodist
Church 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.
(2) Subject to this
Act, all property that, immediately before the appointed day, was vested in
the Union of Congregational Churches in Western Australia or otherwise in
trust for the Congregational Church 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.
(3A) Subject to this
Act and to all rights created or conferred by or pursuant to the provisions of
the Presbyterian Church of Australia Act 1970 and, without restricting the
generality of the foregoing, to section 4 of the said Act and clause 18 of the
Schedule to the said Act, any property that immediately before the appointed
day was vested in any person subject to the
Presbyterian Church of Australia Act 1901 , and the
Presbyterian Church Act 1908 , as amended, or otherwise 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.
(3B) Notwithstanding
anything contained in this Act, subsection (3A) shall commence on the day
specified in that behalf by the Governor and notified by proclamation
published in the Gazette 2 .
(4) Subject to the
provisions of this Act, all property which pursuant to this section becomes
vested in the Trust is freed and discharged from all of the provisions and
trusts of the Congregational Church Lands Act 1855 3 comprising Ordinance 18
Victoriae No. 16 3 and the Congregational Church (Lands) Amendment Act 1942 3
, the Methodist Church Property Trust Act 1912 3 , the Methodist Church (W.A.)
Property Trust Incorporation Act 1969 3 and the Presbyterian Church of
Australia Act 1901 , the Presbyterian Church Act 1908 as amended by Act No.
50 of 1919, Act No. 6 of 1924 and Act No. 19 of 1964 and the
Presbyterian Church of Australia Act 1970 , as amended by Act No. 2 of 1972,
respectively.
(5) Except in relation
to the trusts declared by the Congregational Church Lands Act 1855 3 , the
Methodist Church Property Trust Act 1912 3 , the Methodist Church (W.A.)
Property Trust Incorporation Act 1969 3 , the
Presbyterian Church of Australia Act 1901 , the Presbyterian Church Act 1908
as amended and the Presbyterian Church of Australia Act 1970 the vesting
effected by this section shall be without prejudice to —
(a) any
special trust; or
(b) any
resulting trust; or
(c) any
trust in favour of a donor; or
(d) any
trust in favour of a person other than the Uniting Churches or any one or more
of them; or
(e) any
reservation, mortgage, charge, encumbrance, lien or lease,
that immediately
before the appointed day affected the property vested.
(6) No attornment to
the Trust by any lessee of land vested in it by this section shall be
necessary.
(7) In this section
special trust shall mean any trust other than a trust for the general purposes
of the Methodist, Congregational or Presbyterian Churches, or of any
congregation, mission or institution thereof.
[Section 20 amended: No. 19 of 2010 s. 51.]