Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), a certificate under the common seal of the Trust to the effect that property therein specified is held by it upon trust for the Church shall in all circumstances and all proceedings whether civil or criminal be prima facie evidence that the property so specified is so held.
(2) Subsection (1) shall not apply in relation to any dispute concerning property between the Church and the Presbyterian Church continuing to function after the appointed day.
S. 23(3) amended by No. 18/1989 s. 13(Sch. 2 item 94).
(3) Where an application is made by the Trust to vet any property in the Trust and the application is accompanied by a certificate under subsection (4) that the property has vested in the Trust and the appropriate certificate of title the Registrar of Titles shall without fee give effect in the Register to such vesting by registering the Trust as proprietor of the property.
(4) A certificate under the common seal of the Trust to the effect that the estate or interest of persons therein specified in land so specified is an estate or interest vested in the Trust by this Act shall for the purposes of—
(a) any application by the Trust to be registered under the Transfer of Land Act 1958 as the proprietor of that estate or interest pursuant to the vesting;
(b) any application by the Trust or a successor in title of the Trust to bring land under the Transfer of Land Act 1958 ;
(c) any transfer conveyance reconveyance mortgage or other instrument or dealing whatsoever in respect of any interest in any such land (whether or not under the Transfer of Land Act 1958 );
(d) any creation of easement or other interest in respect of any such land (whether or not under the Transfer of Land Act 1958 )—
be conclusive evidence of the matters so certified.
(5) Notwithstanding the provisions of subsection (3) and (4) the Registrar of Titles shall not give effect to any application to vest property in the Trust if he has actual notice of a dispute concerning property between the Church and the Presbyterian Church continuing to function after the appointed day with respect to that property unless the Church and the Presbyterian Church so continuing to function consent to the Registrar giving effect to the application or the Supreme Court or a judge thereof has directed the Registrar of Titles to give effect to the application.