Australian Capital Territory

roman catholic church property trust act 1937
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 January 1998
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Interpretation
	3.	Trustees for the Diocese
	4.	Trustees to be a body corporate
	5.	Common seal and quorum
	6.	Vacancies and membership
	6A.	Objects of Trust
	7.	Vesting of Church trust property
	8.	Powers of Trust
	8A.	Variation of trusts
	8B.	Blending of trust funds
	9.	Execution of instruments
	10.	Protection of purchasers etc.
	11.	Evidence
	12.	Trusts preserved

An Act relating to Property held upon any Trust for or for the use, benefit or purposes of the Roman Catholic Church in the Australian Capital Territory
Short title
1.  This Act may be cited as the Roman Catholic Church Property Trust Act 1937.1
Interpretation
2.  In this Act, unless the contrary intention appears—
“Bishop” means the person for the time being administering the Archdiocese of Canberra and Goulburn whether as Archbishop, Coadjutor Archbishop, Coadjutor Bishop, Auxiliary Bishop, Vicar Capitular or Administrator;
“Church” means the Roman Catholic Church;
“Church trust property” means land situated in the Territory, for the time being subject to any trust created, before or after the commencement of this Act, for the Church or for the use or benefit or for any purpose of the Church, but does not include land held on any trust, created, before or after the commencement of this Act, for any Order or Community of the Church or for any association of members of the Church for the use or benefit of, or for any purpose of, any such Order, Community or association;
“Diocesan Consultors” means the Diocesan Consultors for the time being of the Diocese;
“Diocese” means the Archdiocese of Canberra and Goulburn;
“land” includes tenements and hereditaments, corporeal and incorporeal, and every estate and interest therein whether vested or contingent, freehold or leasehold, and whether at law or in equity;
“the Trust” means the body corporate created by section 4.
Trustees for the Diocese
3.  There shall be trustees of Church trust property, who shall be the Bishop of the Diocese and the Diocesan Consultors of the Diocese.
Trustees to be a body corporate
4.  (1)  The trustees of Church trust property shall, by virtue of this Act, be a body corporate, having perpetual succession and a common seal, and being capable of acquiring, holding and disposing of any property, real or personal, and of suing and being sued in its corporate name, and of doing and suffering all such acts and things as bodies corporate may by law do or suffer.
(2)  The corporate name of the trustees of Church trust property shall be the Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn.
Common seal and quorum
5.  (1)  The Bishop shall have the custody of the common seal of the Trust, and the form of such seal and all other matters relating thereto shall, subject to this section, be from time to time determined at meetings of the Trust.
(2)  The Bishop and 2 other members of the Trust shall constitute a quorum for the purpose of any meeting of the Trust.
(3)  Every meeting of the Trust at which a quorum is present shall be competent to transact any business of the Trust.
(4)  The common seal of the Trust shall not be affixed to any instrument except in pursuance of a resolution passed at a meeting of the Trust.
(5)  Every instrument to which the common seal is so affixed shall be signed by the Bishop.
Vacancies and membership
6.  (1)  Subject to this section, no capacity or power of the Trust shall be affected by the existence of vacancies in its membership.
(2)  Where for any reason a quorum of the Trust cannot be constituted all powers exercisable by the Trust and its capacity for doing any act or thing shall be suspended, but shall, by virtue of this Act, revive as soon as a quorum of the Trust is capable of being constituted.
Objects of Trust
6A.  The objects of the Trust include—
	(a)	the operation of educational, welfare and health organisations and bodies; and
	(b)	the advancement of the interests of the Church.
Vesting of Church trust property
7.  (1)  All Church trust property which at the commencement of this Act is situated within the Territory shall by virtue of this Act—
	(a)	vest in the Trust; and
	(b)	be thereupon divested from the person in whom it was vested before the commencement of this Act.
(2)  No vesting by virtue of this Act shall affect any encumbrance, lien, estate or interest to which, at the time of the vesting, the property so vested was subject in the hands of the person from whom it was divested.
(3)  The Trust shall become, jointly with the person liable at the time of the vesting, and, severally, liable under every contract, engagement and cause of action, in relation to the property vested, under which the person from whom the property was divested was liable at the time of the vesting.
(4)  The Trust shall be liable to indemnify the person from whom the property was divested, his or her executors and administrators, against every claim, action, suit and other proceeding which shall be made or taken in respect of any such contract engagement or cause of action.
(5)  The person from whom the property was divested shall have a charge or lien on the property divested to the extent to which and in the circumstances in which the charge or lien would have attached if the property had not been divested; but the charge or lien, or possibility thereof, shall, in favour of a person dealing for value with the Trust, be deemed to have been extinguished unless the person entitled thereto has, within a period of 6 months after the commencement of this Act, given written notice to the Trust of its existence or of the possibility of its arising.
(6)  A statement under the common seal of the Trust that no such notice has been received within such period shall be conclusive evidence of the fact so stated in favour of any person dealing for value with the Trust in respect of the divested property.
Powers of Trust
8.  The Trust shall have power, from time to time—
	(a)	to purchase, take on lease, or acquire by gift, devise, bequest, exchange or otherwise any real or personal property;
	(b)	in relation to any Church trust property, at any time vested in it and subject to the covenants and conditions under which the property is held—
	(i)	to sell it, and to exchange it for other land, and to transfer or convey Church trust property so sold or exchanged to the purchaser or person taking in exchange, freed and discharged from all trusts affecting the same in the hands of the Trust;
	(ii)	to demise or let it for such term at such rent and with or without taking a premium, fine or foregift and subject to such provisions as the Trust thinks fit;
	(iii)	to accept surrender of leases, upon such terms and subject to such conditions as the Trust thinks fit;
	(iv)	to raise money on the security of it on such terms and conditions as the Trust thinks fit; and
	(v)	to declare trusts of it or any estate or interest in it created by the Trust for any Order or Community of the Church, or for any association of members of the Church, or for the use or benefit of or for any purpose of any such Order, Community or association, and either to retain the property in relation to which trusts are so declared, or to vest it, or any estate or interest so created, in other trustees upon the trusts so declared; and
	(c)	for any purpose mentioned in this section, to execute all such instruments as to the Trust appear proper.
Variation of trusts
8A.  (1)  If the Trust is satisfied that it has become impossible or inexpedient to carry out the terms of a trust of property vested in it, it may, by instrument, declare that it is so satisfied.
(2)  The Trust may, by the same instrument, declare that the property is subject to another trust and, on the making of such a declaration—
	(a)	the trust that is to be replaced ceases; and
	(b)	the property is to be held subject to the other trust.
(3)  In making a declaration under subsection (2), the Trust shall ensure that the property is dealt with as nearly as is possible for the purposes for which it was held immediately before the declaration.
(4)  If the Trust is satisfied that it is impossible or inexpedient to deal with the property in accordance with subsection (3) because of circumstances arising after the creation of the trust to be replaced, it may, by the instrument referred to in subsection (1)—
	(a)	declare that it is so satisfied; and
	(b)	declare purposes for which the property may be held, disposed of or otherwise dealt with or applied for the use or benefit of the Church.
 (5)  On the execution of an instrument referred to in subsection (1) that contains a declaration under paragraph (4) (b), the Trust may hold, dispose of or otherwise deal with or apply the property for the purposes specified in that declaration.
Blending of trust funds
8B.  (1)  The Trust may invest trust funds held by it for different purposes or activities, or any part of those funds, as one fund (in this section called a “blended fund”).
(2)  Any income arising from the investment of a blended fund shall be distributed rateably for the benefit of carrying out the several purposes or activities for which the money invested is held in trust.
(3)  Any loss arising from the investment of a blended fund shall be distributed rateably among the several purposes or activities for which the money invested is held in trust.
Execution of instruments
9.  Every instrument bearing what purports to be the common seal of the Trust and purporting to be signed by the Bishop shall, in favour of every person claiming, for value and in good faith, under or through that instrument, be conclusively presumed to have been duly executed by the Trust.
Protection of purchasers etc.
10.  (1)  A purchaser, mortgagee, lessee or other person dealing with the Trust, and the Registrar-General, the Chief Solicitor or any other person registering or certifying title shall not, upon any sale, exchange, mortgage, lease or other dealing purporting to be made under a power conferred by this Act be concerned to see or inquire into the necessity for or propriety thereof, or the mode of exercising the same, or be affected by notice that the exercise of the power is unauthorised, irregular or improper, and a receipt for any money payable to the Trust, signed by the Bishop, shall be a sufficient discharge in favour of, and shall exonerate the person paying such money from all responsibility for the application of such money.
(2)  Where—
	(a)	an instrument purports to have been executed in the exercise of a power conferred by this Act, and to pass or create an estate or interest in land described in the instrument as being Church trust property;
	(b)	the land which the instrument purports to pass or affect is not, in fact, under the provisions of the Land Titles Act 1925, or the Real Property Act 1900 of New South Wales in its application to the Territory;
	(c)	the instrument is executed by the Trust in accordance with the requirements of this Act; and
	(d)	the instrument is registered under the provisions of the Registration of Deeds Act 1897 of New South Wales in its application to the Territory;
the instrument shall—
	(e)	in favour of every person claiming any estate or interest under or through the instrument, be conclusive evidence against the Trust that the land described in the instrument as being Church trust property was Church trust property at the time of the execution of the instrument, and that the Trust had, at the time of the execution of the instrument, an estate or interest in the land so described sufficient to make the instrument effective to pass or create the estate or interest which the instrument purported to pass or create; and
	(f)	in favour of every person claiming any estate or interest under or through the instrument and having taken for value, without notice that the land in which the instrument purports to create an estate or interest was not Church trust property or that the Trust had not an estate or interest sufficient to make the instrument effective to pass or create the estate or interest which the instrument purported to pass or create, and in favour of every person claiming under or through any person having so taken, as against every person claiming under or through an instrument executed before the commencement of this Act or under or through an instrument executed by the Trust, and not in either such case registered under the Registration of Deeds Act 1897, of New South Wales in its application to the Territory, before the registration under that Act of the instrument by this subsection made evidence, be conclusive evidence that the land described in the instrument so made evidence as being Church trust property situated in the Territory, was at the time of the execution of that instrument so situated, and that at the time of the execution of that instrument the Trust had an estate or interest in the land so described sufficient to make that instrument effective to pass or create the estate or interest which that instrument purported to pass or create.
(3)  Any person, other than the Trust, deprived of any estate or interest in land by any such instrument as is mentioned in subsection (2) may bring and prosecute an action for damages against the Trust and any judgment recovered by the plaintiff in any such action shall be enforceable by execution against any real or personal property for the time being vested in the Trust, whether Church trust property or not, and any real or personal property taken by a purchaser on a sale in any such execution shall be free of all trusts affecting the same while vested in the execution debtor, except a trust created by the Crown, and the proceeds of every such sale shall, in the hands of the sheriff and of the execution creditor, be free of all trusts to which it would be subject in the hands of the execution debtor.

Evidence
11.  A certificate under the common seal of the Trust that the land described in the certificate is situated within the Territory and is Church trust property shall—
	(a)	for the purpose of any application by the Trust to be registered as the proprietor pursuant to a vesting by this Act of any land under the provisions of the Land Titles Act 1925, or the Real Property Act 1900 of New South Wales in its application to the Territory of which the Trust is not the registered proprietor, be conclusive evidence; and
	(b)	in any action, suit or other proceeding, whether civil or criminal, be prima facie evidence;
of the facts so certified.
Trusts preserved
12.  (1)  All Church trust property for the time being vested in the Trust shall be held by it on the trusts, if any, expressly declared in respect thereof, and if no such trusts have been expressly declared, on trust for the Church in the Diocese.
(2)  The powers conferred by section 8 shall be exercisable in relation to all Church trust property notwithstanding any trust or provision affecting it in the hands of the Trust.

NOTES
1.	The Roman Catholic Church Property Trust Act 1937 as shown in this reprint comprises Act No. 2, 1937 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Roman Catholic Church Property Trust Ordinance 1937	2, 1937	18 Feb 1937	18 Feb 1937		
Roman Catholic Church Property Trust Ordinance 1938	11, 1938	17 Mar 1938	17 Mar 1938	—	
Ordinances Revision Ordinance 1938	35, 1938	15 Dec 1938	15 Dec 1938	—	
Roman Catholic Church Property Trust Ordinance 1961	17, 1961	20 July 1961	Ss. 3 and 4:  11 Feb 1948
Remainder:  20 July 1961
	S. 5	
Self-Government day 11 May 1989
Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

(Reprinted as at 31 August 1991)	
Registrar-General (Consequential Provisions) Act 1993	64, 1993	6 Sept 1993	Ss. 1 and 2:  6 Sept 1993
Remainder:  1 Oct 1993 (see 
s. 2 (2) and Gazette 1993, No. S207)	Part III
(ss. 6-13)	
Land Titles (Consequential Amendments) Act 1995	54, 1995	20 Dec 1995	20 June 1996 (see s. 2)	—	
Roman Catholic Church Property Trust (Amendment) Act 1996
	88, 1996	20 Dec 1996	20 Dec 1996	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	am. No. 17, 1961
S. 4	am. No. 17, 1961
S. 5	am. Act No. 88, 1996
S. 6A	ad. Act No. 88, 1996
S. 8	am. No. 11, 1938
Ss. 8A, 8B	ad. Act No. 88, 1996
S. 9	am. Act No. 88, 1996
S. 10	am. Act No. 64, 1993; No. 54, 1995
S. 11	am. No. 35, 1938;  Act No. 64, 1993; No. 54, 1995
S. 13	rep. No. 11, 1938