Salvation Army (Northern Territory) Property Trust Act 1976 (NT)
NORTHERN TERRITORY OF AUSTRALIA
SALVATION ARMY (NORTHERN TERRITORY) PROPERTY TRUST ACT 1976
As in force at 12 April 2017
NORTHERN TERRITORY OF AUSTRALIA
As in force at 12 April 2017
SALVATION ARMY (NORTHERN TERRITORY) PROPERTY TRUST ACT 1976
An Act relating to The Salvation Army in the Territory
This Act may be cited as the
This Act shall come into operation on the date on which the names of the first Trustees are published in the
In this Act, unless the contrary intention appears:
(1) There is established by this Act a body corporate by the name of "The Salvation Army (Northern Territory) Property Trust".
(2) The Trust:
(a) has perpetual succession and a common seal;
(b) subject to this Act, may acquire, hold, and dispose of and manage, control and deal with real and personal property;
(c) may sue and be sued in its corporate name; and
(d) has such other incidental powers as a body corporate may by law have.
(3) All courts, judges or persons acting judicially shall take judicial notice of the common seal of the Trust affixed to a document and shall presume that it was duly affixed.
(1) The Trust shall consist of the Trustees.
(2) The General may, by instrument in writing, appoint a person to be a Trustee.
(3) The number of Trustees holding office at any one time shall be not less than 5 nor more than 7.
(4) The exercise of the functions or powers of the Trust is not affected by reason only that the number of Trustees is less than 5, provided that it is not less than 3.
(5) The General shall cause the names of the first Trustees to be published in the
Gazette as soon as practicable after the passing of this Act.
(1) A Trustee appointed by the Trust, or the secretary, shall have the custody of the common seal of the Trust.
(2) The form of the common seal and all other matters relating to it shall be determined by the Trust.
The Trustees, or any 3 of them, acting in pursuance of a resolution of the Trust, may exercise any power conferred by this Act on the Trustees or the Trust.
At a meeting of the Trust 3 Trustees shall constitute a quorum.
(1) The General may, in writing, remove a Trustee from office.
(2) A Trustee may by notice in writing given to the Trust resign as Trustee.
(3) Where a Trustee, either original or substituted:
(a) dies;
(b) is removed from office under subsection (1); or
(c) resigns,
the General shall, as soon as practicable, appoint another person to be a Trustee in place of that Trustee.
(1) All real and personal property which, immediately before the commencement of this Act, is situated in the Territory and held by the Victorian Trust shall, upon that commencement, without any formal assignment, transfer or other documentation, vest in the Trust subject to the same trusts upon which that property was held immediately before the commencement of this Act.
(2) Where any property which was before the commencement of this Act vested in the Victorian Trust is land registered in the name of the Victorian Trust in the land register under the
Land Title Act 2000 , the Registrar-General shall, without formal transfer and without fee, on application in that behalf in writing by one of the Trustees, do all things required by that Act and Ordinance as are necessary to register the Trust as the proprietor of that property.(3) Upon registration being affected in accordance with subsection (2), the Registrar-General shall release to a Trustee on behalf of the Trust or to the Trust such appropriate documents of its title to the land as are provided for under the
Land Title Act 2000 .(4) Where, under any law in force in the Northern Territory, the Victorian Trust, a person or an unincorporated body is, immediately before the commencement of this Act, registered or recorded as the owner of personal property or an interest in personal property, in the Territory, the person whose duty it is to keep the register or record of ownership shall, without fee or formal application, at the request of any one of the Trustees, enter the Trust in the register or record book as the owner of that item of personal property or interest.
(1) All real or personal property, vested in the Trust shall, so far as it is not subject to any express trust, be held for the general purposes of The Salvation Army and dealt with in accordance with and subject to such of the trusts, powers and provisions of the Deed of Constitution and the first deed poll as are applicable to those general purposes.
(2) All real or personal property held for the Social Work of The Salvation Army shall be held and dealt with in accordance to the trusts, powers and provisions of the second deed poll.
(3) Notwithstanding subsections (1) and (2), a person dealing with the Trust shall not be bound to inquire into the propriety or necessity of a dealing by the Trust with property held by it.
(4) The Trust may, with the consent of the General, enlarge, modify, vary or alter the trusts upon which for the time being any of the property of the Trust is held.
(5) All property shall, subject to any express trust and to any enlargement, modification, variation or alteration from time to time applicable, be held upon either one or other of the trusts mentioned in subsections (1) and (2).
(6) Subsections (4) and (5) apply to property the subject of an express trust (not being one contained in any of the deeds poll) but only to the extent (if any) and subject to the conditions (if any) in accordance with which that trust could have been altered if this Act has not been passed.
The Trust may borrow money and, for that purpose, may mortgage or charge all or any real or personal property for the time being vested in it.
No debt incurred for the general purposes of The Salvation Army shall be secured upon any property which is for the time being held upon trust for the Social Work of The Salvation Army, and money raised on any property which is for the time being held upon trust for the Social Work of The Salvation Army shall be used only for the purposes of the Social Work.
The Trust may sell any real and personal property vested in it in such manner and on such terms and conditions as the Trustees may deem fit, and may convey, transfer or assign the property sold to the purchaser or to whomever he may direct and the property sold shall thereupon be absolutely freed and discharged from the trusts affecting it.
(1) A receipt in writing of a majority of the Trustees, or of any person authorized by the Trust in writing to receive moneys for money borrowed or mortgage money raised on property mortgaged by the Trust, or for the purchase money of any property sold by the Trust, or for any other moneys payable to the Trust, shall exonerate the mortgagee, the purchaser and all other persons for the time being paying moneys to the Trust, or to the person authorized to receive the moneys:
(a) from seeing to the application of the moneys;
(b) from all liability as to the misapplication or non-application of the money; and
(c) from inquiring into the propriety or necessity of any mortgage or sale, lease or other dealing.
(2) This section shall be read in aid of and not in derogation from any other protection afforded to any lender, mortgagee, purchaser or person by any other law in force in the Territory.
The proceeds of the sale of any real or personal property held for the purpose of the Social Work of The Salvation Army shall be devoted to the purposes of the Social Work and the Trust may for these purposes purchase or otherwise acquire with the proceeds any property real or personal.
(1) For the purposes of carrying out the powers, functions, duties and obligations of the Trust, the Trustees shall hold regular meetings, and shall cause minutes to be kept of their proceedings and their resolutions, which shall at all times be open for inspection by the General or any person appointed by him.
(2) The Trust may regulate the time and place of its meetings and the procedure to be followed at the meetings.
(3) A decision of the majority of Trustees at a meeting of the Trust shall be a decision of the Trust.
(4) The Trust shall keep a register of all lands vested in the Trust and shall indicate in this register which lands are held for the general purposes of The Salvation Army and which are held for the Social Work of The Salvation Army.
(1) The Trust may appoint officers and a certificate under the seal of the Trust of the appointment of a secretary or other officer is prima facie evidence and, in favour of the Crown, the Registrar-General, and every person who deals for value with the Trust, is conclusive evidence of his appointment.
(2) A certificate, signed by the secretary for the time being of the Trust, as to who are the persons for the time being constituting the Trust, and a certificate of the secretary certifying to any resolutions of the Trust, is prima facie evidence and, in favour of the Crown, the Registrar-General and every person who deals for value with the Trust, is conclusive evidence as to who are the Trustees for the time being, and of any resolution (as the case may be).
(3) Judicial notice shall be taken of the signature of the secretary for the time being appearing on every certificate given under this section.
(1) When by a will, deed, or other instrument or by a gift or disposition of property made before, but not taking effect until after, the commencement of this Act, or by a will, deed or other instrument, or by a gift or other disposition of property, made after the commencement of this Act, real or personal property has been or is devised, bequeathed, or given to or for the benefit of The Salvation Army in the Territory, or to or for the benefit of any of its funds, or of any department of its work, or of a branch, corps, auxiliary, or institution of The Salvation Army in the Territory, that real and personal property shall vest in the Trust.
(2) Subsection (1) does not apply to real or personal property devised, bequeathed, or given to specific Trustees upon trust for The Salvation Army or for any of its funds, departments, branches, corps, auxiliaries or institutions.
(1) Use in a will, deed or other instrument, or in a gift or disposition of real or personal property, of the words "Salvation Army", or of a reference to the funds of The Salvation Army, or to a department of its work, or a branch, corps, auxiliary or institution of The Salvation Army shall, when it relates to or is concerned with, real or personal property in the Territory, be construed, so far as the context allows, as a reference to the Trust or the particular fund, department, branch, corps, auxiliary or institution (as the case may be) of The Salvation Army in the Territory, and the will, deed, instrument, gift or disposition shall operate and take effect accordingly.
(2) Where, pursuant to the operation of subsection (1) real or personal property is held on trust for the Trust, the Trustees may call for the transfer, assignment or delivery of the property to the Trust.
(3) An acknowledgement or receipt for the property given by the Trustees, or any person authorized by them, is a sufficient discharge.
(1) The General may, by writing under his hand, delegate any of his powers under this Act (except the power of delegation).
(2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section does not prevent the exercise of a power by the General.
(1) Nothing contained in or done under this Act shall affect prejudicially, or deprive any person of, a right which if this Act had not been passed, might have been enforceable against the General or his predecessors in office.
(2) A right to which subsection (1) refers may, so far as it relates to any property vested in the Trust pursuant to this Act, be enforced against the Trust.
Without limiting the generality of the powers conferred on the Trust by this Act, the Trust may in the exercise of its functions have the further powers of:
(a) receiving and holding money; and
(b) operating accounts with ADIs; and
(c) employing servants.
Rights relating to real or personal property held in trust for or, pursuant to this Act, vested in the Trust, which were, at the time of his death in William Bramwell Booth (referred to in the second deed poll) or immediately before the commencement of this Act, were in the General:
(a) by this Act are vested in the Trust; and
(b) may be enforced by it in the same manner as William Bramwell Booth, if he were still living, or the General (as the case may be) might have enforced them if this Act had not been passed.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Assent date | 28 June 1976 | |
Commenced | 3 December 1976 ( | |
Assent date | 2 June 1997 | |
Commenced | 2 June 1997 | |
Assent date | 27 May 1998 | |
Commenced | 27 May 1998 | |
Assent date | 12 September 2000 | |
Commenced | 1 December 2000 (s 2, s 2 | |
Assent date | 13 September 2002 | |
Commenced | 30 October 2002 ( | |
Assent date | 10 March 2017 | |
Commenced | 12 April 2017 ( | |
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the
4 LIST OF AMENDMENTS
s 10 amd No. 45, 2000, s 11
s 23 amd No. 23, 1997, s 6; No. 37, 1998, s 4; No. 38, 2002, s 6; No. 4, 2017, s 34
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