Loch Public Hall Trust Act 1966 (Vic)
Version No. 001
Loch Public Hall Trust Act 1966
Act No. 7387/1966
Version as at 14 February 2000
TABLE OF PROVISIONS
Section Page
1.Short title
2.Definitions
3.Validation of deed of trust
4.Power to pay fund to the trustees under the deed of trust
5.Application of fund by trustees under deed of trust
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SCHEDULES
SCHEDULE 1
SCHEDULE 2
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 001
Loch Public Hall Trust Act 1966
Act No. 7387/1966
Version as at 14 February 2000
An Act to validate a certain Deed of Trust relating to certain Land at Loch and the Building thereon known as the Loch Mechanics' Institute Hall, to authorize the Application of certain Moneys raised for the Purpose of building a Memorial Hall at Loch to the Erection of Extensions to the said Building, and for other purposes.
Preamble
WHEREAS—
(a)a building known as the Loch Mechanics' Institute Hall is erected on land (being the land described in the First Schedule to the deed of trust a copy of which is set out in Schedule 1 to this Act) which was purchased in or about the year 1891 and registered in the names of certain persons who undertook to erect within twelve months a building thereon to be used as a Mechanics' Institute and Free Library;
(b)the said land was in or about the year 1947 transferred to Patrick James Hayes William Charles Green and Percival Roy Bridger all of Loch who are now registered as the proprietors thereof and hold the land as trustees;
(c)subsequently under a constitution purporting to be the constitution of a society known as the Loch Mechanics' Institute the said Percival Roy Bridger resigned as trustee and Albert James Ferrier of Loch was appointed to act in his place;
(d)the said Loch Mechanics' Institute operating under the said constitution and rules of management conducted a public library and hall at the said building for the use of the people of Loch and district who were subscribers thereto and from the year 1948, the library having been discontinued and the said building being used as a public hall, for those people without payment of a membership fee:
AND WHEREAS—
(a)at a public meeting held at Loch on the 11th day of September, 1945 it was resolved that a new memorial hall be built at Loch and for that purpose sums amounting to Eleven hundred and seventy-eight pounds were donated by various persons and a total sum of Eleven hundred and ninety-nine pounds was raised by public and other money-raising efforts;
(b)at a public meeting held at Loch on the 12th day of October, 1945 it was resolved that the land described in Schedule 2 be purchased as a site for the proposed memorial hall and the said lands were purchased accordingly;
(c)at a public meeting held at Loch on the 13th day of December, 1955 it being not practicable to proceed with the building of a memorial hall with the amount of money available it was resolved inter alia that a further public meeting be called for the 24th day of January, 1956 for the purpose of giving to persons who had subscribed money for the purpose of erecting a memorial hall the option of having their money returned and of considering a proposal that any money then remaining be used for a different purpose;
(d)a meeting was held on the said 24th day of January and no person at the meeting sought or at any other time has sought to have returned any money subscribed by him;
(e)at the said meeting held on the 24th day of January, 1956 it was resolved that the resolution that a new memorial hall be built in Loch carried by the meeting held on the 11th day of September, 1945 be rescinded;
(f)at a public meeting held at Loch on the 2nd day of September, 1960 it was resolved—
(i)that this public meeting held to arrange for the disposal of funds held for the purpose of building a memorial hall does not approve of the original proposals to build a memorial hall; and
(ii)that if the trustees of the Loch Mechanics' Institute would agree to change the name of the Institute to Public Hall the funds held in trust for the purpose of building a new memorial hall in Loch be handed over to the trustees of the Loch Mechanics' Institute for the purpose of extending the existing hall of the Institute and incorporating in the extensions club rooms for the Loch Sub-branch of the Victorian Branch of the Returned Sailors' Soldiers' and Airmen's Imperial League of Australia; and
(iii)subject to the preceding resolution being approved by the Loch Mechanics' Institute the trustees of the land purchased for the new memorial hall be empowered to sell the land by public auction:
AND WHEREAS—
(a)on the 22nd day of March, 1963 there appeared in the Korumburra Times a newspaper circulating in the Loch district over the name of M. J. R. Coster the Chairman of the Loch Mechanics' Institute Hall Committee the following notice:
"Loch Mechanics' Institute.
I hereby convene a public meeting of the residents of Loch and district to be held at Loch Mechanics' Institute at 8 p.m. on the 9th day of April, 1963 for the following purposes:
1.To approve the change of name to Loch Public Hall.
2.To consider and approve of a trust deed setting out the trusts on which the Loch Public Hall premises are to be held.
3.To appoint trustees under the trust deed and elect a committee and office bearers.
4.To authorize the trustees to execute the trust deed and register the trust as a successory trust. Dated the 21st day of March, 1963.";
(b)at a meeting held on the 9th day of April, 1963 pursuant to the said notice a draft of a deed of trust providing that the trustees under the deed should hold the land on which the Loch Mechanics' Institute Hall is erected upon trust to permit the same to be used in perpetuity as a public hall and place of recreation and amusement under the name of the Loch Public Hall for the advantage and benefit of the local residents was produced and discussed and (inter alia) resolutions approving the draft deed of trust and accepting the change of name from the Loch Mechanics' Institute to the Loch Public Hall were passed unanimously:
AND WHEREAS the deed of trust a copy of which is set out in Schedule 1 is in the form of the draft deed of trust adopted by the said meeting of the 9th day of April, 1963 and was executed on the 3rd day of September, 1963 by the said Patrick James Hayes William Charles Green and Albert James Ferrier as trustees:
AND WHEREAS doubts have arisen concerning the validity of the said deed of trust and it is expedient to remove those doubts and to authorize the application of the moneys held for the purpose of a new memorial hall for another purpose and to make other provision as hereinafter enacted:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title
This Act may be cited as the Loch Public Hall Trust Act 1966.
2.Definitions
In this Act unless inconsistent with the context or subject-matter—
"deed of trust" means the deed of trust dated the 3rd day of September, 1963 a copy of which is set out in Schedule 1;
"fund" means the moneys donated and raised as hereinbefore recited for the purpose of erecting a new memorial hall at Loch together with all interest accrued or accruing thereon and includes the land described in Schedule 2.
3.Validation of deed of trust
(1)The deed of trust shall subject to this Act be deemed to be lawful and valid for all purposes.
(2)The persons named in the deed of trust as trustees and as a committee of management respectively shall be deemed to have been properly and validly appointed as such.
(3)The registered proprietors of the land described in the First Schedule to the deed of trust shall do all things necessary to transfer that land and any furniture and effects mentioned in the deed of trust and held by or vested in them to the trustees under the deed of trust.
(4)The land described in the First Schedule to the deed of trust together with all buildings and improvements thereon and the furniture and effects in or used for the purposes of the said buildings—
(a)shall be held by the said trustees upon the trusts expressed in the deed of trust free from all other trusts; and
(b)shall be managed and controlled by a committee as provided in the deed of trust:
Provided that notwithstanding anything in the deed of trust—
(a)the said land buildings and improvements including any extensions erected pursuant to section 5 shall not be or be capable of being sold or leased except to the Crown or the municipality in whose municipal district the land is situated or be or be capable of being made subject to any power of sale; and
(b)no alteration or addition shall be made to the deed of trust which would have the effect of altering the trust expressed in clause 2 thereof.
(5)The trusts evidenced by the deed of trust are hereby declared to be trusts which may be registered under Part II of the Religious Successory and Charitable Trusts Act 1958.
4.Power to pay fund to the trustees under the deed of trust
(1)Notwithstanding anything in any Act or law or in any trust or agreement—
(a)the registered proprietors of the land described in Schedule 2 may sell that land by public auction; and
(b)the whole of the fund may after payment thereout of all proper costs and expenses be paid to the trustees for the time being under the deed of trust.
(2)Upon payment of the fund or any part thereof pursuant to this section to the trustees the persons who held the fund or the part thereof so paid upon trust for the purposes of a new memorial hall shall be freed and discharged from all further duties and liabilities under that trust in respect of the fund or part thereof so paid.
5.Application of fund by trustees under deed of trust
The trustees under the deed of trust shall pay and apply all moneys paid to them pursuant to section 4 for or towards the erection of extensions and a facade to the hall now erected on the land referred to in section 3 and shall hold any portion of the said moneys which remains after the completion of the said extensions and facade upon the trusts expressed in the deed of trust.
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SCHEDULES
SCHEDULE 1
TO WHOM THESE PRESENTS SHALL COME:
WE PATRICK JAMES HAYES WILLIAM CHARLES GREEN and ALBERT JAMES FERRIER all of Loch SEND GREETINGS:
WHEREAS in or about the year 1891 the land set out in the First Schedule hereto was acquired and there was built thereon a building for many years passed known as the Loch Mechanics Institute:
AND WHEREAS in or about the year 1947 PATRICK JAMES HAYES Grazier WILLIAM CHARLES GREEN Farmer and PERCIVAL ROY BRIDGER Farmer all of Loch were duly appointed Trustees and became and remain registered as proprietors of the said land:
AND WHEREAS the said Percival Roy Bridger resigned as Trustee and ALBERT JAMES FERRIER of Loch Farmer was appointed in his place:
AND WHEREAS the Loch Mechanics Institute operated under a Constitution and Rules of Management for very many years as a Public Library and Hall for the use of the people of Loch and district members thereof consisting of subscribers:
AND WHEREAS in the year 1948 the library having been discontinued it was duly agreed that the qualification of a membership fee be discontinued:
AND WHEREAS at a meeting of the residents of Loch and district convened by the President of the Loch Mechanics Institute at Loch on the Ninth day of April 1963 by resolutions of the said meeting We Patrick James Hayes William Charles Green and Albert James Ferrier were elected Trustees of the said land and premises and the persons named in the Second Schedule hereto were elected members of the Committee of Management thereof:
AND WHEREAS a draft of this Deed having been submitted to and approved by the said meeting we were authorized and directed by further resolutions of the meeting to execute this Deed and to make and sign an application to register the said Trust under Part II of the Religious Successory and Charitable Trusts Act 1958:
NOW THIS DEED WITNESSETH as follows—
1. In the interpretation of this Deed the following words shall have the following meanings—
"the trust premises" means the land described in the First Schedule hereto together with all buildings and other improvements for the time being erected thereon and where the context permits includes all furniture and effects for the time being situated in or about or used for the purposes of the said buildings;
"the local residents" means the persons for the time being residing within a radius of three miles of the intersection of the South Gippsland Highway and the Loch Wonthaggi Road and such other persons outside such area as are accepted as local residents by an absolute majority of the committee at any committee meeting which last-mentioned local residents shall continue to be treated as such until the committee by a like majority declares otherwise;
"the committee" means the committee hereby established for the management and control of the trust premises;
"extraordinary resolution" means a resolution passed by a majority of such adult local residents as are present at a general meeting of which notice specifying the intention to propose the resolution (which may be described briefly in general terms and may be amended at the meeting) has been given by posting the same for at least fourteen days before the meeting on the principal door of the trust premises and by advertising the same twice in the newspaper published in Korumburra so that not less than five days intervene between the two insertions and also between the last insertion and the meeting.
2. Subject to the powers and provisions herein contained the trustees shall hold the trust premises upon trust to permit the same to be used in perpetuity as a Public Hall and place of recreation and amusement under the name of the Loch Public Hall for the advantage and benefit of the local residents either gratuitously or in consideration of such money payment and in either case on such terms and conditions as the committee from time to time determine.
3. The trustees shall if so directed and may if so empowered by an extraordinary resolution of a general meeting of local residents and subject to and in accordance with the terms of such resolution sell mortgage (with a power of sale) exchange lease or create or reserve easements over the trust premises or any part thereof specified in such resolution but so that such power to sell or exchange the trust property shall notwithstanding anything contained in Clauses 3, 5, 9(b) and 9(c) hereof be limited to a sale or exchange to or with the Crown or the local municipality.
AND IT IS HEREBY DECLARED AS FOLLOWS—
(a) the trustees may if so authorized by resolution of the committee and subject to and in accordance with the terms of such resolution lease the trust premises or any part thereof specified in the resolution without the sanction of an extraordinary resolution for a term not exceeding two years and may also if authorized and subject to and in accordance with the terms of the resolution without the sanction of an extraordinary resolution sell all or any of the furniture and effects vested in them by virtue thereof;
(b) any land or premises taken by the trustees under any such exchange as aforesaid shall be held by the trustees upon the trusts and with and subject to the powers and provisions herein declared and contained.
4. The committee shall pay or provide for all payments required in respect of the rates taxes repairs painting renewals and outgoings of all kinds in respect of the trust premises and shall indemnify the trustees in respect thereof.
5. The trust premises shall be insured against fire in the names of the trustees in an office of repute approved by them in the sum of Two thousand pounds in respect of buildings and the sum of Four hundred and fifty pounds in respect of furnishings or such larger sums as the committee shall direct and the receipts for the last premiums payable shall be produced to the trustees whenever required by them and the trustees shall not be required to pay the premium payable on any such insurance or to pay any other outgoings of the trust premises and if the trustees shall in their discretion make any such payment they shall give notice thereof to the committee and shall forthwith be reimbursed by the committee and should the committee on being applied to fail to reimburse the trustees all moneys paid by them within one week of such application the trustees may give a further notice of the committee and at the expiration of one month from the giving of such further notice the trustees may without any further consent or direction sell the trust premises or any part thereof and repay to themselves the amount so paid by the trustees.
6. Subject as aforesaid the trustees shall so far as practicable in any disposition of or dealing with the trust premises act in accordance with any resolution or direction of the committee of which they have notice.
7. No purchaser mortgagee lessee or other person dealing with the trustees shall be concerned or at liberty to enquire nor shall the Registrar of Titles or Registrar-General be concerned to enquire whether any resolution or authority of the local residents or the committee has been made or given and no sale mortgage lease or other dealing by the trustees shall be impeachable on the ground that no resolution or authority was made or given or on the ground of any impropriety or irregularity connected with any such resolution or authority but as regards such purchaser mortgagee lessee or other person (including the Registrar of Titles or Registrar-General) the transaction shall be conclusively presumed to be within the powers of the trustees and to be proper and regular in every respect and shall be valid accordingly.
8. The trustee shall not be concerned to see that the committee or any of their officers are properly appointed or as to the regularity of their meetings of proceedings and may act on any writing purporting to be a copy of a resolution passed by the committee and entered in the committee's minute book signed by the secretary or chairman for the time being of the committee and or by the person for the time being professing to act as such secretary or chairman nor shall the trustees be concerned to see that any meeting of local residents was properly called or that any extraordinary resolution was properly passed or as to the regularity of any such meeting or the proceedings thereat and may act on any writing purporting to be a copy of a resolution passed at any meeting of local residents and signed and certified as a true copy by the chairman of such meeting. And the trustees shall not incur any liability or responsibility for acting on any such writing.
9. The following moneys, namely—
(a) all moneys received by the trustees under any fire insurance;
(b) all surplus moneys arising on a sale by the trustees under Clause 5 hereof;
(c) all moneys received by the trustees on or from the sale mortgage or lease of the trust premises or any part thereof;
(d) all moneys received by the trustees from any mortgage of the trust premises or any part thereof;
(e) any other moneys received by trustees from or in respect of the trust premises on which care in anywise subject to the trusts hereof—
shall be paid to the committee.
10.(a) the management and control of the trust premises shall be vested in a committee constituted as hereinafter provided;
(b) the committee shall consist of twelve members and in addition the trustees as hereinafter referred to;
(c) the first members of the committee shall be the persons named in the Second Schedule hereto;
(d) the members of the committee shall retire from office on the day of the annual general meeting of local residents to be held each year commencing with the annual meeting to be held in the year One thousand nine hundred and sixty-four;
(e) members of the committee to fill the places of those retiring shall be elected each year by the adult local residents at the said annual general meeting and retiring committee members shall be eligible for re-election and shall remain in office until their successors are re‑appointed;
(f) four members of the committee shall be elected by the annual general meeting each year to fill the positions of President Vice-President Secretary and Treasurer respectively and Maurice James Robinson COSTER shall be the first President Michael Augustine BINGHAM the first Vice-President Aubrey Clarence SMITH the first Secretary and William Robert THOMPSON the first Treasurer;
(g) casual vacancies occurring among the committee members prior to any annual meeting may be filled up by the committee;
(h) no person shall be eligible to hold office as a committee member unless he or she shall be an adult local resident and any committee member ceasing to be a local resident shall thereby cease to be a committee member;
(i) the trustees from time to time shall be ex officio members of the committee and shall not (whilst they remain trustees) be required to retire in accordance with Clause 10(d) hereof.
11.(a) an annual general meeting of local residents shall be held for the purpose of transacting business connected with the trust premises in the month of March each year at such time and place as the committee shall decide and not less than seven days' notice of the time and place fixed for the meeting shall be given by advertisement in the newspaper published in Korumburra and shall be posted up on the principal door of the trust's premises for at least seven days previous to the meeting;
(b) if the committee does not call the annual general meeting in the month of March in any year any ten adult local residents may call the meeting for any day in April and notice of the time and place fixed for the meeting shall be given by them in the manner hereby prescribed in the case of an annual general meeting called by the committee;
(c) a special general meeting may be called at any time by the committee or by any twenty adult local residents and notice of the time and place fixed for the meeting shall be given in the manner hereby prescribed in the case of an annual general meeting called by the committee and such notice shall specify the business intended to be transacted at the meeting;
(d) the president and failing him the vice-president shall preside at any general meeting and in the absence of them both some person chosen by the meeting;
(e) the only persons who shall be entitled to vote at general meetings shall be adult local residents. The quorum necessary for the transaction of the business of a general meeting shall be eight adult residents.
12. The committee shall regulate its own procedure provided as follows—
(a) the president and failing him the vice-president shall preside at meetings of the committee and in the absence of them both a member chosen by the meeting;
(b) the quorum necessary for the transaction of the business of the committee shall be seven members;
(c) at least one clear day's written notice of the time and place fixed for holding a meeting of the committee shall be give to every member thereof;
(d) a minute book shall be kept by the committee and all proceedings of the committee shall be entered therein.
13. In case of an equality of votes at a general meeting or at a meeting of the committee the chairman shall have a second or casting vote.
14. Any notice to be given to any person under this deed shall be sufficiently given if sent through the post to his usual or last known place of residence. Any notice to be given to the committee shall be sufficiently given if sent through the post to the Secretary at his usual place of residence.
15. The committee shall (subject to such conditions and restrictions as are imposed by a general meeting) have the following additional power—
(a) at any time or times to close the trust premises or any part thereof for the purpose of carrying out repairs alterations or other similar work for such period as may be necessary;
(b) to give any person or persons corporate or unincorporate the exclusive use of the trust premises or any part thereof for any period not exceeding one week at a time and the right during such period to make such charges for the admission of the general public as such person or persons shall think fit (but not exceeding any maximum amount for each person fixed by the committees);
(c) to make charges for the use or hire of the trust premises or any part thereof or for admission thereto on any particular occasion;
(d) to permit the trust premises or any part thereof to be used with or without charge by any religious denomination for religious services or other purposes;
(e) in special circumstances to permit the trust premises or any part thereof to be used free of charge by any person or persons;
(f) to raise money by public subscription or otherwise and to borrow money on or without security (including a guarantee);
(g) to repair alter enlarge or rebuild the buildings and other improvements for the time being erected on the said land and to erect additional buildings or improvements;
(h) to make alter or rescind rules with regard to the carrying on and management of the trust premises and to all or any of the matters in respect of which any power or duty is hereby vested in the committee.
16. All monies received by the committee under or for the purposes of this deed shall be applied by the committee in repairing and improving the trust premises and keeping the same and the furniture and effects for the time being therein insured against fire and otherwise as the committee shall deem necessary and in paying all rates taxes interest and other outgoings from time to time payable in respect thereof and in paying all expenses of carrying on the trust premises and all debts secured thereon or incurred in connexion therewith and providing and repairing furniture and such other things as may be required or considered expedient for the purposes of the trust premises and for charitable or other deserving purposes or otherwise in executing the trusts and powers herein contained provided that the committee shall not make any payment exceeding Twenty pounds for charitable or other deserving purposes without the sanction of a general meeting.
17. At the annual general meeting in each year an auditor shall be appointed to audit the trust accounts. Until the annual meeting to be held in the year 1964 the auditor shall be Gordon WILLIAMS. At the annual meeting in each year duly audited accounts of the trust premises for the preceding financial year (including accounts of all moneys received and disbursed by the committee) shall be submitted.
18. The following provisions as to the appointment of new trustees and the retirement of trustees shall apply to this deed by way of variation and extension of the statutory powers.
19.(a) the trustees of this deed shall be three in number;
(b) no person who is not an adult local resident shall be appointed a trustee hereof and any trustee who ceases to be a local resident shall thereby cease to be a trustee of this deed;
(c) any trustee may retire from the trusts of this deed on giving two months' notice in writing of his intention so to do to each of the other trustees for the time being and to the chairman (if any) of the committee and upon the termination of such two months the trustee giving the notice shall cease to be a trustee of this deed;
(d) new trustees or a new trustee to fill a vacancy or to increase the trustees to a number not exceeding three may be selected by a general meeting;
(e) the statutory power of appointing new trustees shall not be exercised by the surviving or continuing trustees or the personal representatives of the last surviving or continuing trustee unless and until a general meeting has been called for the purpose of electing new trustees and has failed to do so.
(f) any trustees hereof shall vacate his office upon the passing of a resolution to the effect that such trustee shall be removed at a general meeting at which not less than twelve adult local residents shall be present.
19. Subject to the provisions of the Religious Successory and Charitable Trusts Act 1958 this deed may be amended or added to by an extraordinary resolution of a general meeting.
AS WITNESS our hands and seals the 3rd day of September One thousand nine hundred and sixty-three.
THE FIRST SCHEDULE HEREINBEFORE REFERRED TO
All that piece of land being Lot 12 Section E on Plan of Subdivision Number 1887 being part of Allotement 30 Parish of Jeetho West and being the land referred to in Certificate of Title Volume 2330 Folio 936.
THE SECOND SCHEDULE HEREINBEFORE REFERRED TO
| Name | Address | Occupation |
| James Patrick Bingham | South Gippsland Highway, Loch | Dairy Farmer |
| William Henry Crook | Clarence-street, Loch | Retired |
| Joseph White | Victoria-street, Loch | Builder |
| Roderick Thomas Horner | Anderson's Hill-road, Loch | Dairy Farmer |
| Peter McRobert | Wonthaggi-road, Loch | Dairy Farmer |
| John Alwyn Dyson | Wonthaggi-road, Loch | Dairy Farmer |
| Francis Howath | Smith-street, Loch | Retired |
| Robert E. Latham | Boundary-road, Loch | Dairy Farmer |
| Aubrey Clarence Smith (Sec.) | Ferrier's-road, Loch | Builder |
| Michael Augustine Bingham (V.P.) | South Gippsland Highway, Loch | Dairy Farmer |
| Maurice James Robinson Coster (P.) | South Gippsland Highway, Loch | Dairy Farmer |
| William Robert Thompson (T.) | Clarence-street, Loch | Butcher |
| SIGNED SEALED AND DELIVERED by the said PATRICK JAMES HAYES in the presence of: E. J. YANN, J.P. | üýþ | L.S. |
| SIGNED SEALED AND DELIVERED by the said WILLIAM CHARLES GREEN in the presence of: E. J. YANN, J.P. | üýþ | L.S. |
| SIGNED SEALED AND DELIVERED by the said ALBERT JAMES FERRIER in the presence of: E. J. YANN, J.P. | üýþ | L.S. |
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SCHEDULE 2
All that piece of land being Lots 1 and 2 Block F on plan of subdivision number 1887 lodged in the Office of Titles and being part of Crown allotment 30 parish of Jeetho West county of Mornington and being the whole of the land comprised in certificate of title volume 2777 folium 308.
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ENDNOTES
1. General Information
The Loch Public Hall Trust Act 1966 was assented to on 10 May 1966 and came into operation on 10 May 1966.
2. Table of Amendments
There are no amendments made to the Loch Public Hall Trust Act 1966 by Acts and subordinate instruments.
3. Explanatory Details
No entries at date of publication.
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