Methodist Church Property Acts Amendment Act of 1964 (Qld)

344 QIternslattl ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE An Act to make Provision for the Vesting of certain Property in The Methodist Trust Corporation , known or styled as "The Corporation of The Methodist Church of Australasia in Queensland" [ASSENTED TO 14TH APRIL, 1964] Preamble . Whereas it is expedient that provision should be made to facilitate the vesting in the corporate body known as " The Corporation of The Methodist Church of Australasia in Queensland " of property of or held in trust for the Methodist Church of Australasia in the State of Queensland. Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title , construction and collective title . This Act may be cited as " The Methodist Church Property Acts Amendment Act of 1964 " and shall be read as one with " The Methodist Church Property Acts, 1893 to 1905." Those Acts and this Act may be collectively cited as The Methodist Church Property Acts, 1893 to 1964."

Methodist Church Property Acts Amendment Act of 1964 345 2. Interpretation . In this Act, unless the context otherwise indicates, the following terms shall have the meanings set against the same respectively, that is to say : " The Conference "-The Queensland Conference of the Methodist Church of Australasia. " The Corporation "-The Corporation styled " The Corporation of The Methodist Church of Australasia in Queensland " created by Letters Patent dated the fifth day of March, 1964, issued in pursuance of " The Religious Educational and Charitable Institutions Acts, 1861 to 1959." " Methodist Church property "-Includes all property both real and personal wheresoever situated and of whatever estate or interest which may from time to time be held or leased by the Methodist Church of Australasia in Queensland or to which the said church or any Department activity or organisation thereof is or hereafter may be entitled or by any trustees or board or council for or on behalf of the said Church or any Department activity or organisation thereof, or by any trustees or board or council for the use of or on behalf of the people called Methodists. The term shall include all lands which at the passing of this Act are held by trustees pursuant to the provisions of " The Methodist Church Property Acts? 1893 to 1905," and all other property held by any person whosoever pursuant to the provisions of " The Methodist Church Property Acts, 1893 to 1905." 3. Vesting of property. All Methodist Church property shall, from and immediately after the passing of this Act, be vested in the Corporation by virtue of this Act and without any transfer or conveyance whatsoever but subject to and without prejudice to any mortgage lien trust or other interest affecting the same . Upon the passing of this Act except to the extent that the constitution of the Corporation provides to the contrary the provisions of the Methodist Model Deed of Queensland shall cease to apply to Church lands: Provided that all the property both real and personal owned by Kings College , a body corporate created by Letters Patent dated the twenty - first day of August , 1958, issued in pursuance of " The Religious Educational and Charitable Institutions Act of 1861 " and "The Religious Educational and Charitable Institutions Act of 1861 Amendment Act of 1895," shall not vest in the Corporation. 4. Freehold titles. Where Methodist Church property consists of lands which are held in trust as aforesaid under the provisions of " The Real Property Acts, 1861 to 1963 " the Registrar of Titles shall, upon request made to him by or on behalf of the Corporation and on production

346 Methodist Church Property Acts Amendment Act of 1964 of the duplicate certificate of Title unless he dispenses with such production and on his being satisfied that the lands are Methodist Church property, register the Corporation as proprietor of such land for such estate or interest as vests in it by virtue of section three hereof. 5. Titles other than freehold . Where Methodist Church property consists of lands which are held in trust under the provisions of any Act other than " The Real Property Acts, 1861 to 1963 " the officer charged with the duty of registering instruments of title to lands held under such Act shall, upon the production of the proper instrument of title unless dispensed with and upon being satisfied that such lands are Methodist Church property, register such estate or interest as vests in the corporation by virtue of section three hereof. 6. Proof of title . For the purposes of sections four and five hereof, a statement signed by the Custodian of Deeds, that land is Methodist Church property shall be sufficient proof of the facts set out in the statement. 7. Other property. Where Methodist Church property consists of property other than that dealt with in sections four and five hereof a transfer or conveyance duly signed by the President, Secretary and Connexional Secretary of the Conference or any two of them shall be sufficient record of the vesting in the Corporation of the estate or interest in such property so vested by virtue of section three hereof. 8. Exemption from stamp duty . No stamp duty shall be payable on any instrument or document used pursuant to the provisions of sections three, four, five, six and seven hereof, and no registration fee shall be payable on any registration effected pursuant to the provisions of sections three, four, five, six and seven hereof. 9. Holding of property . All Methodist Church property vested in the Corporation shall be held upon such terms, conditions and trusts as the constitution of the Corporation may provide subject to any trusts conditions or charges created by the donor of such property. 10. Repeals . The Acts specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of such Schedule. Such repeal shall not affect the past operation of the repealed enactments, or any of them, or subject to this Act, any right which at the passing of this Act has been acquired and is exercised under any repealed enactments.

Methodist Church Property Acts Amendment Act of 1964 347 THE SCHEDULE [s. 10) Regnal Year Short title Extent of Repeal 57 Vic. . 5 Edw. VII " The Wesleyan Methodist Church Property Trust Act, 1893 " " The Methodist Union Act, 1905 " Sections 3 , 4, 6, 7, 8, 9, 10,11, 13 and 14 Sections 7, 9, 10, 11 and 15 (2)