Acts Amendment (Roman Catholic Church Lands) Act 1972 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(ROMAN CATHOLIC CHURCH

LANDS).

No. 67 of 1972.

AN ACT to amend certain Acts relating to Lands of, and other matters in connection with, the Roman Catholic Church in the State.

[Assented to 16th November, 1972.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

1.    This Act may be cited as the Acts Amendment Short title.

(Roman Catholic Church Lands) Act, 1972.

PART I.-ROMAN CATHOLIC CHURCH LANDS

AMENDMENT ACT, 1902.

2.    (1) In this Part the Roman Catholic Church Short Lille

Lands Amendment Act, 1902, is referred to as the nciltion

principal Act.

No. 67.]	Acts Amendment (Roman	[1972.
Catholic Church Lands).

(2) The principal Act as amended by this Act may be cited as the Roman Catholic Church Lands Amendment Act, 1902-1972.

Amendment

to section 3.	3. Section 3 of the principal Act is amended
(Lands in

any new	(a)	by adding after the section number "3." the
diocese to
vest in	subsection designation "(1)";
the bishop
thereof.)	(b)	by adding after the passage "thereof," in line two the passage "or an alteration of the boundaries of any diocese by adding an area thereto, whether the alteration is made before or after the coming into operation of the Acts Amendment (Roman Catholic Church Lands) Act, 1972,";
(c)	by adding after the word "diocese" in line four the words "or within the area added to a diocese";
(d)	by adding after the word "office" in line six the words "or in the bishop of the diocese to which the area has been added and his successors in office"; and
(e)	by adding a subsection as follows

(2) Where a question arises as to the diocese in which any buildings, land and premises belonging to the Roman Catholic Church are situated, a certificate under the hand and seal of The Roman Catholic Archbishop of Perth certifying that the buildings, land or premises are situate in the diocese specified in the certificate shall for the purposes of this Act be conclusive evidence of the fact.

PART IL-ROMAN CATHOLIC CHURCH PROPERTY

ACT, 1911.

Short title

and	4. (1) In this Part the Roman Catholic Church
citation.

Property Act, 1911, is referred to as the principal

Act.

(2) The principal Act as amended by this Act may be cited as the Roman Catholic Church Property Act, 1911-1972.

1972.]	Acts Amendment (Roman	[No. 67.
Catholic Church Lands).

5. Section 4 of the principal Act is amended	Amendment
to section 4.

by adding after the section number "4." (Bishop to

(a) be corpora-

the subsection designation "(1)"; tionsole

(b)	by substituting for the passage "The Roman Catholic Bishop of Perth" in lines three and four the passage "The Roman Catholic Archbishop of Perth"; and
(c)	by adding a subsection as follows

(2) The said Bishop shall have an

official seal and all courts, judges and persons acting judicially shall take notice of that official seal affixed to a document and shall presume that it was duly affixed. .

6.    Sections 5, 6, 7, 8 and 9 of the principal Act Isleecl=1 f5

are repealed. 6,7, 8 ands.

7.    Section 10 of the principal Act is repealed and iTgliOnd

re-enacted as follows—	re-enacted.
(Execution
of

10. All documents required to be executed documents.)

by the said Bishop for the purpose of giving effect to any transaction or dealing with property shall be signed by the said Bishop and his official seal shall be affixed thereto. .

The principal Act is amended by adding after section 11 a section as follows-	Addition of
section 12.

8.

12. On the coming into operation of the Acts corporate

Amendment (Roman Catholic Church Lands) land

Act, 1972, all land vested, by this Act or other- records.

wise, in "The Roman Catholic Bishop of Perth" shall vest in "The Roman Catholic Archbishop of Perth" without the necessity of any change of name to that effect in the Register Book kept under the Transfer of Land Act, 1893 or in the Book of Registry kept under the Registration of Deeds Ordinance, 1856, as the ease may be. .

No. 67.]	Acts Amendment (Roman	[1972.
Catholic Church Lands).

PART III.—ROMAN CATHOLIC CHURCH PROPERTY

ACT AMENDMENT ACT, 1912.

Short title

and 9. (1) In this Part the Roman Catholic Church

citation.

Property Act Amendment Act, 1912, is referred to

as the principal Act.

(2) The principal Act as amended by this Act

may be cited as the Roman Catholic Church

Property Act Amendment Act, 1912-1972.

Amendment

to section 2.	10.	Section 2 of the principal Act is amended
(Power to
appoint

attorneys.)

(a) by substituting for the words "Vicar General" in line three the words "Vicar Capitular";

(b)	by adding after the word "Perth" in line three the words "duly elected by the con- sultors of the said Diocese"; and
(c)	by deleting the passage "subject to the provisions of sections six and seven of the principal Act," in lines eight and nine.

Amendment

to section 3.	11. Section 3 of the principal Act is amended
(Power to

appoint an	(a)	by adding after the section number "3."
adminis-
trator to	the subsection designation "(1)";
act from
the death
of Bishop	(b)	by substituting for the word "General" in
until
appoint-	line two the word "Capitular";
ment of successor.)
(c)	by deleting the passage ", subject to the provisions of sections six and seven of the principal Act," in lines seven and eight; and
(d)	by adding a subsection as follows

(2) When the Roman Catholic Arch-

bishop of Perth fails to make any such appointment the Vicar Capitular shall be deemed to have been so appointed and he may exercise the powers and perform the duties referred to in subsection (1) of this section in accordance therewith. .

1972.]	Acts Amendment (Roman	[No. 67.
Catholic Church Lands).

PART IV.-ROMAN CATHOLIC CHURCH PROPERTY

ACTS AMENDMENT ACT, 1916.

12.    (1) In this Part the Roman Catholic Church apart title

Property Acts Amendment Act, 1916, is referred to citation.

as the principal Act.

(2) The principal Act as amended by this Act

may be cited as the Roman Catholic Church

Property Acts Amendment Act, 1916-1972.

Amendment

13.

Section 3 of the principal Act is amended by substituting for the passage "The Roman Catholic	to section 3.
vested In (Powers
Bishop of Perth" in lines seven and eight the	the Roman
Catholic
passage "The Roman Catholic Archbishop of Perth".	Bishop ofPerth to be
exercised by Archbishop.)

14.    Section 4 of the principal Act is repealed and S:pcetle; end4and

re-enacted as follows—	re-enacted.
sell, lease, (Power to

4. (1) Notwithstanding anything contained in the Acts mentioned in The Schedule to this Act, The Archbishop of the Archdiocese of Perth in his corporate name of "The Roman Catholic Archbishop of Perth" may, subject to this section, acquire, hold and dispose of real and personal property as if he were a natural person beneficially entitled to such property.	=et)
(2) Without limiting the generality of sub- section (1) of this section The Archbishop of the Archdiocese of Perth in his corporate name may

(a)	purchase or acquire by exchange or in any other manner and whether subject to or free from any conditions, any interest in any property;
(b)	sell, give, exchange, lease or dispose of in any other manner whether subject to, or free from, any condition, any interest in any property;

No. 67.]	Acts Amendment (Roman	11972.
Catholic Church Lands).

(c) mortgage whether legally or equitably, or otherwise encumber in any manner any interest in any property whether or not the property is vested in him upon any trust or otherwise, by way of security for-

(i)    the advance of moneys to be used for any purpose; or

(ii)    the performance of any other obligation undertaken by him in his corporate name,

including the granting of any fixed or floating legal or equitable charge over any or all of such property;

(d)	covenant or agree to pay any money or to perform any other obligation or guarantee the payment of money or the performance of any other obliga- tion without giving security in respect thereof;
(e)	enter alone or with another or others into any partnership, syndicate, joint venture or other transaction whether for the purpose of profit or otherwise;
(f)	become a member of a company whether incorporated in the State or otherwise, or any other body corporate and may become or nominate a director or any officer of such a com- pany or other body corporate;

(g) compound, release or settle claims by or against him in his corporate name, whether in contract or tort, including agreeing the amount of any compensa- tion payable in respect of the com- pulsory acquisition under the Public Works Act, 1902, or otherwise of any property vested in him in his corporate name, or agreeing to exchange any such property in lieu of such com- pensation or part thereof.

1972.]	Acts Amendment (Roman	[No. 67.
Catholic Church Lands).

(3)

Any land mortgaged or otherwise encumbered pursuant to paragraph (c) of subsection (2) of this section shall, if such land is sold, or if the mortgagee or encumbrancee exercises his power of foreclosure pursuant to the mortgage or encumbrance, be freed and absolutely discharged from the trusts upon which the land may, for the time being, be held by the Archbishop.

None of the powers conferred by para- graphs (a), (b) or (c) of subsection (2) of this section shall be exercised in respect of any lands which have been granted by the Crown to or for the use of the Roman Catholic Church and which are vested in the Archbishop, except with the prior approval of the Governor.

(4)

(5) Subject to subsection (4) of this section, no purchaser, mortgagee or lessee of any such lands shall be bound or concerned to inquire whether any power of sale, mortgage, or lease was duly and regularly made or exercised, or in anywise to see to the application of any purchase, mortgage or other moneys, or to inquire into the necessity, regularity, or propriety of the sale, mortgage, or lease, or be affected by notice that it is irregular, unneces- sary or improper. .