Victorian Current Acts Victorian Current Acts(1) Subject to this Act, all property that, immediately before the appointed day, was vested in the Methodist Church (Victoria) Property Trust or otherwise in trust for the Methodist Church is hereby divested from that person and to the extent that it was so vested is (without any further act or instrument) hereby vested in the Trust and shall be held by the Trust in accordance with the provisions of this Act.
(2) Subject to this Act, any property that, immediately before the appointed day, was vested in the Congregational Union of Victoria beneficially, or the Congregational Union of Victoria or any other person in trust for the Congregational Church or for all or any of the purposes thereof, or purposes connected therewith, or for members or pastors or ministers thereof (in their capacity as such), is hereby divested from the Congregational Union of Victoria or such other person and, to the extent that it was so vested is (without any further act or instrument) hereby vested in the Trust.
(3) Subject to this Act and to all rights created or conferred by or pursuant to or otherwise by virtue of the operation of the provisions of the Presbyterian Church of Australia Act 1971 and without restricting the generality of the foregoing, to section 3 of the said Act and clause 18 of the Schedule to the said Act, any property (other than any property acquired after the appointed day) that immediately before the commencement of this subsection was vested in any person subject to the Presbyterian Trusts Act 1890 (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, organization or section thereof is hereby divested from that person and, to the extent that it was so vested, is (without any further act or instrument) hereby vested in the Trust and shall be held by the Trust in accordance with the provisions of this Act.
(4) Subject to the provisions of this Act, all property which pursuant to subsections (1) and (3) becomes vested in the Trust is freed and discharged from all of the provisions and trusts of the Methodist Church (Victoria) Property Trust Act 1970 and the Presbyterian Trusts Act 1890 respectively.
(5) Except in relation to the trusts declared by the Methodist Church (Victoria) Property Trust Act 1970 and the Presbyterian Trusts Act 1890 the vesting effected by subsections (1) and (3) shall be without prejudice to—
(a) any special trust;
(b) any resulting trust;
(c) any trust in favour of a donor;
(d) any trust in favour of a person other than the Uniting Churches or any one or more of them; and
(e) any reservation, mortgage, charge, encumbrance, lien or lease, that, immediately before the appointed day, affected the property vested.
(6) No new attornment to the Trust by any lessee or purchaser of land vested in it by this section or by any mortgagor under a mortgage vested in the Trust 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 or Presbyterian Churches.
(8) Upon the appointed day, the Victorian Congregational Building Association and the Congregational College of Victoria shall each be dissolved without winding up, and the whole of the property and liabilities of each of them (at the moment of dissolution) shall without any further act or deed be transferred to and vested in the Trust.
(9) (a) All property which, pursuant to subsection (2), becomes vested in the Trust is freed and discharged from all of the powers and trusts of or provided for in the Congregational Union Incorporation Act 1922 , and from any trust for the general purposes of the Congregational Church.
(b) The vesting effected by subsection (2) shall be without prejudice to—
(i) any reservation, mortgage, charge, encumbrance, lien or lease that, immediately before the appointed day, affected the property vested;
(ii) any resulting trust;
(iii) any trust in favour of a donor; and
(iv) any trust affecting such property immediately before the appointed day to the extent to which such trust was in favour of any person or purpose other than the Congregational Church or any purpose thereof or connected therewith or the members or ministers or pastors thereof (in their capacity as such).
(c) The assets and funds known as the Crouch Endowment Fund (created by an agreement of trust dated the 20th September, 1939 between Richard Armstrong Crouch and the Congregational Union of Victoria, and the subject of a scheme approved by the Supreme Court of Victoria by order dated the 12th May, 1966) shall be held by the Trust upon trust to apply the income thereof as follows—
(i) ten percentum thereof in the making of additional payments to ministers or pastors of the Church whose stipends are in the opinion of the Trust insufficient for their needs;
(ii) ten percentum thereof in providing, or contributing to the cost of, sites for new churches or other buildings of the Church;
(iii) the balance thereof in making payments to such of the Parishes or Congregations of the Church as the Trust thinks fit.
(d) Subject to paragraphs (a), (b) and (c) hereof, when any property which, pursuant to subsection (2), becomes vested in the Trust was, immediately before the appointed day, held upon any trust, the Trust shall hold such property upon the same trusts as those upon which it was previously held save that such trusts shall be interpreted and construed and given effect to as if—
(i) the Church was substituted for the Congregational Church;
(ii) references to any congregation, fund, committee, members, ministers, pastors or organ of any kind whatsoever of or connected or associated with the Congregational Church were references to the congregation, fund, committee, members, ministers, pastors or organ (as the case may be) of the Church most closely analogous thereto.