Victorian Current Acts Victorian Current ActsS. 5(1) repealed by No. 67/2012 s. 7(2).
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(2) On the appointed day all interests in property other than the real property set forth in the Schedule to this Act being interests held immediately before the appointed day by or in trust for some or all the purposes of—
(a) the Free Presbyterian Church of Victoria or the Synod or Presbytery thereof; or
(b) the Free Presbyterian Church of Australia or the Assembly thereof; or
(c) any session, deacons' court, congregation, committee, organisation or fund in connection with the Free Presbyterian Church of Victoria or the Free Presbyterian Church of Australia—
shall by virtue of this Act take effect as if held by or in trust for the like purposes of the body corporate.
Note to s. 5(2) inserted by No. 67/2012 s. 7(3).
Note
The Schedule to this Act was repealed by the Free Presbyterian Church Property Amendment Act 2012 .
(3) Where property is held on trust immediately before the appointed day and the terms of the trust instrument authorise the trustees immediately or in the future or require the trustees at some time or in circumstances which will occur after the appointed day to apply any part of the capital or income of the trust property for any of the bodies specified in the last preceding subsection or for some or all of the purposes thereof or for the purpose of any fund which by the said subsection is vested in the body corporate the trust instrument shall be construed as authorising or, as the case may be, requiring the trustees to apply the trust property to the like extent and at the like times for the purpose of making payments whether of capital or income or to be applied as capital or income to the body corporate.
(4) Where by any gift devise bequest or declaration of trust, whether contained in any will or other instrument or made otherwise, coming into operation after the appointed day (irrespective of whether if contained in any will or other instrument such will or other instrument was made or executed before or after the appointed day) any interest in property is given or expressed to be given to or in trust for some or all the purposes of—
(a) the Free Presbyterian Church of Victoria or the Synod or Presbytery thereof; or
(b) the Free Presbyterian Church of Australia or the Assembly thereof; or
(c) the Presbyterian Church of Eastern Australia or the Synod or any presbytery thereof; or
(d) any session, deacons' court, congregation, committee, organisation or fund in connection with the Free Presbyterian Church of Victoria, the Free Presbyterian Church of Australia or the Presbyterian Church of Eastern Australia—
that interest in property shall by virtue of this Act take effect as if given to or in trust for the like purposes of the body corporate, and where by the terms of any trust instrument coming into operation after the appointed day trustees are authorised to apply any part of the capital or income of trust property held in trust by them for any of the bodies specified in this subsection or for some or all of the purposes thereof or for the purpose of any fund which by this section is vested in or held in trust for the body corporate such trust instrument shall be construed as authorising the said trustees to apply the trust property to the like extent and at the like times for the purpose of making payments whether of capital or income or to be applied as capital or income to the body corporate.
(5) Upon any property of or held in trust for some or all of the purposes of any of the bodies specified in the last preceding subsection or for the purpose of any fund vested in or held in trust for the body corporate pursuant to this section coming into Victoria after the appointed day that property shall vest in or be held in trust for the like purposes of the body corporate.
S. 5(6) amended by No. 18/1989 s. 13(Sch. 2 item 29(a)).
(6) Where any property which becomes vested in the body corporate under or by virtue of this Act consists of property registered under the Transfer of Land Act 1958 the Registrar of Titles on application to him in that behalf and proof to his satisfaction of the facts relating thereto and on payment of the proper fees shall give effect in the Register to such vesting by registering the body corporate as the proprietor of such property.
S. 5(7) repealed by No. 67/2012 s. 7(4).
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