Western Australian Current Acts

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ANGLICAN CHURCH OF AUSTRALIA (SWANLEIGH LAND AND ENDOWMENTS) ACT 1979 - SECT 3

3 .         New trusts and powers

        (1)         On and from the coming into operation of this Act —

            (a)         The Perth Diocesan Trustees is authorised to use the land referred to in the Schedule Part 1, or such of that land as may be comprised within those boundaries after the operation of the provisions of paragraph (b), and the buildings or improvements erected thereon for the purposes of a hostel to be utilised for the accommodation of students attending a government educational institution; and

            (b)         The Perth Diocesan Trustees and the Diocesan Council of the Diocese of Perth are authorised, in so far as that may be required by any town planning or other relevant authority, to adjust the boundary of the land referred to in the Schedule Part 1, or the boundary of any part or subdivision of that land; and

            (c)         The Perth Diocesan Trustees is authorised, should at any time such land not be used for the purpose referred to in paragraph (a), to sell the whole or any part of the land referred to in the Schedule Part 1, and to transfer or otherwise assure the same to a purchaser freed and absolutely discharged from any trust, use, condition or obligation affecting the use of that land or any moneys derived therefrom, the proceeds of any such sale to be applied by the Trustees, after payment of all expenses of and incidental to the sale, as part of and for the purposes of the trust fund referred to in paragraph (e); and

            (d)         The Perth Diocesan Trustees is authorised to hold and use the land referred to in the Schedule Part 2, and the proceeds of any sale thereof or of any part thereof, for general ecclesiastical purposes; and

            (e)         The Perth Diocesan Trustees is authorised and required to hold as a trust fund the moneys referred to in section 2(2), and such moneys as may accrue thereto pursuant to paragraph (c) of this subsection, upon trust for use within the State for general child and family care purposes, including —

                  (i)         the care, maintenance, education and benefit of children orphaned, neglected, unwanted, destitute, socially deprived, or otherwise disadvantaged, in particular by means, where practicable, of arranging for and assisting in the care of such children in family homes as distinct from institutions; and

                  (ii)         the counselling, help and care of families who have difficulties, whether financial, social, or otherwise, in the proper maintenance, nurture, education and care generally of their children.

        (2)         No purchaser of any lands sold under the provisions of this section is bound or concerned to inquire whether the power of sale was duly and regularly exercised, or to see to the application of any purchase moneys, or to inquire into the necessity, regularity or propriety of any sale or be affected by a notice that a sale is irregular, unnecessary or improper.

        [Section 3 amended: No. 19 of 2010 s. 8(2).]



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