Victorian Current Acts

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PRESBYTERIAN TRUSTS ACT 1979 - SECT 5

Matters referred to in Schedule One

    (1)     Subject to the operation of section 7 the property referred to in Part A of Schedule One shall be retained by the Presbyterian Church of Victoria Trusts Corporation and shall continue to be subject to the provisions and trusts of the Principal Act as amended by this Act.

    (2)     Subject to the operation of section 7 the property referred to in column 3 of Part B of Schedule One shall be vested in the trustees named in column 4 of Part B of Schedule One upon the same trusts as the property was held immediately before the commencement of this Act and any reference to the Presbyterian Church of Victoria however described in any documents relating to those trusts shall be read and construed as a reference to the Presbyterian Church of Victoria as defined in this Act.

    (3)     The Register of Trustees kept pursuant to section 21 of the Principal Act shall be amended so as to accord with Part B of Schedule One and to relate to the property therein described and as so amended shall be deemed to be the Register as at the commencement of this Act and thereafter the provisions of the Principal Act shall apply thereto as if that Register was the Register duly kept by the Moderator for the purposes of the Principal Act.
s. 5

    (4)     Subject to the operation of section 7 the land reserved for church purposes in the localities referred to in column 1 of Part C of Schedule One by the Orders in Council referred to in column 2 of the said Part C shall be and be deemed to have always been reserved for the purposes of the Presbyterian Church of Victoria as defined in this Act and the provisions of Act No. 391 intituled "An Act to provide for the abolition of State aid to religion" shall apply accordingly.

    (5)     Subject to the operation of section 6 where any other real or personal property (other than property referred to in Schedule One) is by or under the provisions of the Presbyterian Church of Australia Act 1971 and in particular by or under the operation of section 3 of that Act to be retained by the Presbyterian Church of Victoria Trusts Corporation or any other person in trust for the Presbyterian Church of Victoria or any congregation, board or committee of management, session, presbytery, committee, council, board or other institution, organization or section thereof, that property remains vested in the Presbyterian Church of Victoria Trusts Corporation or that other person for the purposes of the Presbyterian Church of Victoria subject to the provisions and trusts of the Principal Act as amended by this Act unless or until otherwise lawfully disposed of on or after 22 June 1977 and the register referred to in sub-section (3) shall be amended as required.



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