Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The estate or interest of the Congregational Union of Australia Corporation in the land referred to in the following table is, by force of this section, divested from the corporation and, without any transfer, vested in the trust.
Table 1
|
column 1 item |
column 2 block |
column 3 section |
column 4 division |
|---|---|---|---|
| 1 | | 22 | City |
| 2 | 13 | 40 | Melba |
| 3 | 1 | 39 | Weetangera |
U (2) Any property, other than the property specified in the table in subsection (1), that, immediately before the date of commencement of this subsection, was vested in the Congregational Union of Australia Corporation is divested from that corporation and is, without any conveyance or transfer, vested in the trust.
(3) Any property that, immediately before the date of commencement of this subsection, was vested in a person, other than the Congregational Union of Australia Corporation, in trust for the Congregational Church is divested from that person and is, without any conveyance or transfer, vested in the trust.
(4) Any property that, immediately before the date of commencement of this subsection—
(a) was vested in The Methodist Trust Association or the Methodist Church (N.S.W.) Property Trust; or
(b) was vested in any other person in trust for the Methodist Church;
is divested from that association or trust or other person in whom it was so vested and is, without any conveyance or transfer, vested in the trust.
(5) Any property that, immediately before the date of commencement of this subsection—
(a) was vested in the Presbyterian Church Trust (other than property to which the Presbyterian Church Act
(b) was vested in any other person in trust for—
(i) the Presbyterian Church; or
(ii) a congregation, board or committee of management, session, presbytery, committee, council, board or other institution, organisation or section of the Presbyterian Church;
is divested from the Presbyterian Church Trust or other person in whom it was so vested and is, without any conveyance or transfer, vested in the trust.
(6) If property is vested in the trust under this section, the property—
(a) is, subject to subsection (7), freed and discharged from the trusts on which it was held immediately before vesting in the trust; and
(b) shall be held, and may be dealt with, by the trust in accordance with the provisions of this Act.
(7) If, in relation to property vested in the trust by this section, there existed in relation to the property, immediately before the property so vested—
(a) a special trust, a resulting trust, a trust in favour of a donor or a general trust; or
(b) a reservation, mortgage, charge, encumbrance, lien or lease;
the property shall be held by the trust subject to that special trust, resulting trust, trust in favour of a donor, general trust, reservation, mortgage, charge, encumbrance, lien or lease, as the case may be.
(8) No attornment to the trust by a lessee of any land vested in the trust under this section is necessary.
(9) In this section:
"general trust" means a trust in favour of a person other than the Congregational Church, Methodist Church or Presbyterian Church.
Methodist Church (N.S.W.) Property Trust means the body corporate of that name constituted by the Methodist Church (N.S.W.) Property Trust Act 1969
(NSW).
"Presbyterian Church Act" means the Presbyterian Church (Proposals for Union with other Churches) Act 1972
.
"Presbyterian Church Trust" means the Presbyterian Church (Australian Capital Territory) Property Trust established by the Presbyterian Church Trust Property Act 1971
"special trust" means a trust other than a trust for the general purposes of the Congregational Church, Methodist Church or Presbyterian Church.
"The Methodist Trust Association" means the company of that name registered in the State of New South Wales on 26 March 1930.