Victorian Current Acts Victorian Current Acts(1) Any person—
(a) who at the commencement of this Act holds; or
(b) who hereafter acquires—
any real or personal property upon trust for or on behalf of or for the benefit of the Corporation Council or Branch or of any other council committee or local branch of the 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 the cost of the Corporation such real or personal property as aforesaid but subject to any conditions or trusts upon which such property is held or acquired:
Provided that property so held or acquired by or on behalf of any
controlled group may subject to any express trust affecting the property be
held in trust for such purposes and be disposed of in such manner as the
controlling authority of such group from time to time determines; but in the
event of any such property being dealt with in a manner contrary to the
conditions and trusts upon which it is held the Corporation may by notice in
writing require such property to be transferred conveyed and assigned to the
Corporation.
s. 5
(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;
(b) shall be deemed to have been properly served upon and received by the person organization or controlling authority to whom or which it is addressed at the expiration of three days after it has been forwarded by registered post addressed to such person organization or controlling authority or to any person who is a member thereof or in the case of joint holders then to one of such joint holders at his or its usual or last known place of residence or postal address.
(3) Upon service of any such notice the person organization or controlling authority holding as aforesaid the real or personal property in respect of which such notice has been given shall immediately take all necessary action to vest such property in the Corporation but subject to any conditions and trusts upon which it is held.
(4) Any person organization or controlling authority served with any such notice 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 not be made or if made 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) If any person organization or controlling authority on whom or which any such notice is served or deemed to be served refuses or neglects to execute a transfer conveyance or assignment to the Corporation of any real or personal property in respect of which such notice has been given or cannot be found—
(a) the Corporation may apply to a judge of the Supreme Court for an order directing the Master of the Supreme Court to execute for and on behalf of such person organization or controlling authority a transfer conveyance or assignment of such property to the Corporation;
(b) upon proof to the satisfaction of such judge—
(i) that such property is held by such person organization or controlling authority upon trust for or on behalf of or for the benefit of the Branch or of any other council committee or local branch of the Association in Victoria; and
(ii) that notice as aforesaid requiring such person organization or controlling authority to transfer convey or assign such real or personal property has been given in manner herein provided; and
(iii) that such person organization or controlling authority refuses or neglects to execute such transfer conveyance or assignment as aforesaid or cannot be found—
the judge may make such order and the said Master shall thereupon do and perform all such acts and things as may be necessary to transfer convey or assign such property to the Corporation but subject to any charge mortgage lease easement or other encumbrance then affecting the same and to the trusts on which it was held by such person organization or controlling authority, and any such act or thing so performed by the said Master shall be of the like force and effect as if done or performed by such person organization or controlling authority.
(6) Any person who has at any time acquired real or personal property by using the name of the Corporation Council or Branch or of any other council committee or local branch of the Association in Victoria 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 the Corporation Council or Branch or (as the case may be) of such other council committee or local branch of the Association in Victoria.
(7) Any rights or liabilities in respect of any real or personal property which hereafter become vested in the Corporation pursuant to this section may thereupon be enforced by or against the Corporation.
Comp. No. 4092 s. 7.