Religious and Successory Trusts Act 1958

Religious and Successory Trusts Act 1958No. 6357 of 1958

Version No. 040

Religious and Successory Trusts Act 1958

No. 6357 of 1958

Version incorporating amendments as at16 May 2013

table of provisions

SectionPage

i

iv

1Short title and commencement1

2Repeal1

Part IReligious Trusts3

3No moneys to be paid by State for church parsonage or minister unless trustees appointed3

Part IISuccessory Trusts4

4Definitions4

5What trusts may be registered under this Part5

6Authority and consent required for the registration of a trust5

7Proof required of authority or consent for registration of a trust5

8Power to registrar to dispense with authority of trustees absent or not to be found etc.6

9Application to register a trust how made7

10Application how dealt with7

11Register of successory trusts7

12Trusts how registered8

13Documents declaring trusts how dealt with8

14Alteration in trusts already registered9

15Documents declaring trusts to be retained by the registrar or delivered up to persons entitled on deposit of copies9

16Indorsement of documents of title10

17Provision 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 documents11

18Registration of new name of denomination or institution or body of persons12

19Substitution of model trust deed or new statement of trusts13

20Registration of death of trustee the date of whose death is known14

21Registration of death of trustee the date of whose death is unknown15

22Registration of retirement of trustee15

23Registration of new trustee16

24Power to make transfers to and recordings in the Register in relation to the trustees of registered trusts as such16

25Vesting of trust property in the registered trustees for the time being17

26Trustees of registered trusts to cause property to be dealt with so as to vest in their successors18

27How legal proceedings may be had with respect to property held on a registered trust18

28Entries in the register conclusive and proved by certified copies18

29Registered trusts how proved19

30Lands mortgaged to trustees of registered trusts may be re-vested by the receipt of the trustees19

31Power for succeeding trustee with his creditors' consent to undertake any liability in discharge of his predecessor20

32Power to persons in whom chose in action becomes vested to sue in their own names21

33Application for registration as head or representative of a religious denomination21

34Application how dealt with21

35Registration of head or representative of denomination when there has been no previous registration22

36Succeeding head or representative of denomination how registered23

37Head or representative of denomination succeeding in part only how registered23

38Registration of head or representative of denomination may be cancelled at his request24

39Power to registered head or representative to nominate trustees and for the registration of the same in certain cases of registered trusts24

40Power to registered head or representative to nominate trustee and to apply for the registration of the trust in certain cases25

41Provisions of this Part to extend to and govern the trusts so registered26

42Vesting orders may in certain cases be made by the Registrar concurrently with the Supreme Court27

43Notice of application to be advertised and served27

44Person objecting to application can lodge caveat28

45Supreme Court may require the production of title deeds in support of an application under section 40 or section 4228

46How vesting order carried out by registrar when property not under Transfer of Land Act 195829

47How vesting order carried out by registrar when property under the Transfer of Land Act 195830

48Vesting order not to operate until registered30

49Applicant may withdraw his application31

50Inspection of documents retained by the registrar31

51Fees31

52Denominational Register and certified copies thereof made evidence31

53Documents purporting to be certified copies to be deemed such32

54Power to registrar to require explanation and production of documents32

55Power to state case for the Supreme Court33

56Appeal against the decision of the registrar33

57Power to the registrar to correct errors34

58Certain fraudulent acts made misdemeanours34

59Forgery35

60Preceding sections not to affect civil remedies35

Part IIITransitional37

61Change of name of Act37

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SCHEDULES38

SCHEDULE 1Extent of Repeal38

SCHEDULE 2Application to Register Trust39

SCHEDULE 3The St. Paul's Melbourne Church of England Church Trust40

SCHEDULE 4Memorandum of Change of Name of Denomination orTrust41

SCHEDULE 5Receipt of Trustees42

SCHEDULE 6Application to Register Trust43

SCHEDULE 7Scale of Fees44

SCHEDULE 8Summons46

Endnotes47

1. General Information47

2. Table of Amendments48

3. Explanatory Details50

SectionPage

1

Version No. 040

Religious and Successory Trusts Act 1958

No. 6357 of 1958

Version incorporating amendments as at16 May 2013

An Act to consolidate the Law relating to Religious Successory and Charitable Trusts.

1

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

S. 1amended by Nos 57/1989 s.3(Sch. item171.1), 73/2006 s. 5.

1Short title and commencement

This Act may be cited as the Religious and Successory Trusts Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2Repeal

(1)The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2)Except as in this Act expressly or by necessary implication provided

(a)all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b)in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any order appointment registration application authority consent security determination appeal petition liability or right made issued passed given accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

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s. 2

Part IReligious Trusts

No. 3765 s.3.

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

s. 3

(1)No part of any moneys reserved or appropriated by any law now or hereafter in force, for purposes of religion shall be issued towards the erection of any building for public worship or minister's dwelling or towards the stipend of any minister of religion to officiate in any such building, unless the real estate in the site of such building or minister's dwelling-house and of any land and hereditaments thereunto belonging has been already duly conveyed to some person or persons in trust for the purposes or promotion of public worship; or until trustees not less than three nor more than five in number have been appointed by the Governor in Council and such real estate as aforesaid has been conveyed to the said trustees upon trust for the erection maintenance and repair of such building for public worship and minister's dwelling and for the provision and promotion of public worship in such building.

(2)As soon as conveniently may be after the completion of any building for public worship under the provisions of this Part, pews sittings or benches in any such building amounting to not less than one-sixth part of the whole of the sittings in every such building for public worship shall be appropriated and set apart for the use of persons resorting thereto, upon which pews sittings or benches so to be appropriated no rent whatever shall at any time be charged or imposed.

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Part IISuccessory Trusts

No. 3765 s.4.

4Definitions

s. 4

In this Part unless inconsistent with the context or subject-matter

S. 4 def. of document of title amendedby No. 18/1989s.13(Sch. 2 item 71(a)).

document of title includes any conveyance lease mortgage folio of the Register or nominal stock certificate and any bond promissory note bill of exchange policy of assurance debenture certificate warrant or other document evidencing title to any property where any assignment transfer or indorsement or the signature of the owner to or upon any matter or thing is necessary to pass such property, but does not include any document of title the delivery whereof merely passes the property comprised therein;

property means property real or personal including choses in action;

registered head or rep