Methodist Church of Australasia Supernumerary Ministers and Ministers' Widows Fund Act 1975 (Vic)

Version No. 001

Methodist Church of Australasia Supernumerary Ministers and Ministers' Widows Fund Act 1975

Act No. 8668/1975

Version as at 7 August 2000

TABLE OF PROVISIONS

Section  Page

1.Short title

2.Definitions

3.Act and Model Deed not to apply to property held for Fund purposes

4.Property held for Fund purposes to vest in the Trustees

5.Power to Registrar of Titles to give effect to vesting

6.Validation of certain Acts

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 001

Methodist Church of Australasia Supernumerary Ministers and Ministers' Widows Fund Act 1975

Act No. 8668/1975

Version as at 7 August 2000

An Act to make further provision with respect to the Methodist Church (Victoria) Property Trust and with respect to the Methodist Church of Australasia Supernumerary Ministers and Ministers' Widows Fund and for other purposes.

Preamble

WHEREAS the Methodist Church (Victoria) Property Trust Act 1970—

(a)constituted the Methodist Church (Victoria) Property Trust (hereinafter called "the Property Trust");

(b)by section 14 vested in the Property Trust all real and personal property situated in Victoria which at the commencement of that Act was held upon the trusts of the Model Deed;

(c)by section 15 vested all land situated in Victoria which at the commencement of that Act was held by any person persons or company for the Church in the Property Trust;

(d)by section 18 made provision with respect to certain devises gifts and grants of land situated in Victoria:

AND WHEREAS there was established in the year 1856 the Methodist Church of Australasia Supernumerary Ministers and Ministers' Widows Fund:

AND WHEREAS the management of the property held on trust for the purposes for which that Fund was constituted (hereinafter called "Fund purposes") was vested in trustees:

AND WHEREAS doubts have arisen as to whether—

(a)property held for Fund purposes was property subject to the provisions of the Model Deed and therefore by the Act vested in the Property Trust;

(b)the said section 15 applied to or in relation to property held for Fund purposes; and

(c)the said section 18 applied to or in relation to property devised given or granted for Fund purposes:

AND WHEREAS it is expedient to resolve those doubts:

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 Methodist Church of Australasia Supernumerary Ministers and Ministers' Widows Fund Act 1975.

2.Definitions

In this Act unless inconsistent with the context or subject-matter—

"Fund purposes" means the purposes for which the Methodist Church of Australasia Supernumerary Ministers and Ministers' Widows Fund was constituted;

"Model Deed" means the Methodist Model Deed of Victoria referred to in the Methodist Union Act 1902 together with any duly authorized alterations or modifications thereof since the commencement of the said Act;

"Property Trust" means the Methodist Church (Victoria) Property Trust;

"the Act" means the Methodist Church (Victoria) Property Trust Act 1970;

"Trustees" means the Trustees of the Methodist Church of Australasia Supernumerary Ministers and Ministers' Widows Fund.

3.Act and Model Deed not to apply to property held for Fund purposes

It is hereby declared that—

(a)the Act does not apply to or affect in any way any property situated in Victoria which was or is devised given granted or held for Fund purposes;

(b)the provisions of the Model Deed do not apply to any property situated in Victoria which was or is devised given granted or held for Fund purposes.

4.Property held for Fund purposes to vest in the Trustees

All property held by any person for Fund purposes shall by virtue of this Act be vested in the Trustees.

5.Power to Registrar of Titles to give effect to vesting

Where the Property Trust has under seal, certified that any property registered under the Transfer of Land Act 1958 in the name of the Property Trust has by virtue of this Act been vested in the Trustees, the Registrar of Titles shall on production of the relevant Certificate of Title or instrument and on payment of a fee of $4 in respect of each Certificate of Title or instrument produced give effect in the Register Book to such vesting by registering the Trustees as proprietors thereof.

6.Validation of certain Acts

Notwithstanding anything in this Act or in the Act any act done with or in relation to property held for Fund purposes—

(a)by the Trustees shall be deemed to be validly and lawfully done if the act could have been validly and lawfully done by the Property Trust; and

(b)by the Property Trust shall be deemed to be validly and lawfully done if the act could have been validly and lawfully done by the Trustees.

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ENDNOTES

1.     General Information

The Methodist Church of Australasia Supernumerary Ministers and Ministers' Widows Fund Act 1975 was assented to on 15 April 1975 and came into operation on 15 April 1975.

2.     Table of Amendments

There are no amendments made to the Methodist Church of Australasia Supernumerary Ministers and Ministers' Widows Fund Act 1975 by Acts and subordinate instruments.

3.     Explanatory Details

No entries at date of publication.