The Act No. 391 Amendment Act 1925 (Vic)
Version No. 001
The Act No. 391 Amendment Act 1925
Act No. 3396/1925
Version as at 26 February 2003
TABLE OF PROVISIONS
Section Page
1.Short title and commencement
2.Power to Governor to amend or vary allowance under
Act No. 3913.Form of application
4.Notice of application to be given by advertisement and by notice to non-consenting trustees
5.Objections to application to be lodged
6.Form of amendment or variation
7.Trusts upon which trustees deemed to hold
8.Copy of Government Gazette containing amendment or variation to be deposited with Registrar of Titles
9.Application of provisions of No. 391 s. 10
10.Provision for further applications
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SCHEDULES
First Schedule
Second Schedule
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 001
The Act No. 391 Amendment Act 1925
Act No. 3396/1925
Version as at 26 February 2003
An Act to provide for the Amendment or Variation of Allowances under the Act of the Parliament of Victoria providing for the Abolition of State Aid to Religion and Numbered 391 and for other purposes.
BE IT ENACTED by the King'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 and commencement
This Act may be cited as the The Act No. 391 Amendment Act 1925 and shall be read and construed as one with the Act of the Parliament of Victoria numbered 391 (hereinafter called the Principal Act).
2.Power to Governor to amend or vary allowance under Act No. 391
The power conferred on the Governor by the Principal Act to allow any application for leave to dispose of any land to which the Principal Act relates shall subject to this Act be construed as including a power exercisable from time to time and to the like extent and in the like manner and subject to the like consent and conditions to amend or vary any allowance made under the Principal Act (whether before or after the commencement of this Act) so far only as relates to the powers of disposition and the purposes to which proceeds of disposition are to be applied set out in the statement of trusts contained in such allowance.
3.Form of application
Every application to amend or vary any such allowance shall be made in the form in the First Schedule to this Act by and with the consent of the like persons as are mentioned in section four of the Principal Act.
4.Notice of application to be given by advertisement and by notice to non-consenting trustees
Such application to amend or vary any such allowance shall be lodged at the office of the Minister and within one month from the time of lodging the same the applicant shall give notice thereof by advertising the same at length in the Government Gazette and once in some newspaper circulating in the neighbourhood of the land and by serving a copy of the application upon any trustee of the land resident in Victoria who has not consented to such application.
5.Objections to application to be lodged
(1)Within one month from the publication of the last advertisement any person may lodge objections to the amendment or variation of the allowance at the office of the Minister, and a copy of every objection so lodged shall be forwarded by the Minister to the applicant.
(2)If no objection has been lodged as aforesaid the Governor shall amend or vary the allowance in accordance with the application.
(3)If any objection has been lodged as aforesaid the Governor—
(a)may if he deems it expedient refer any such objection for the inquiry and report of any person or persons appointed in that behalf by the Governor;
(b)may amend or vary the allowance in accordance with the application or may with the consent of the applicant otherwise amend or vary the allowance; or
(c)may refuse to amend or vary the allowance.
6.Form of amendment or variation
(1)Every amendment or variation of an allowance by the Governor under this Act shall be made in the form in the Second Schedule to this Act.
(2)Such amendment or variation shall be published in the Government Gazette, and such publication shall be conclusive evidence that all the provisions of this Act in respect of the application for such amendment or variation have been complied with.
7.Trusts upon which trustees deemed to hold
Upon the publication in the Government Gazette of such amendment or variation as aforesaid the trustees for the time being shall hold and be deemed to hold the land upon the trusts set out in the allowance as amended or varied pursuant to an application under this Act.
8.Copy of Government Gazette containing amendment or variation to be deposited with Registrar of Titles
(1)If a certificate of title to the land included in an allowance has been issued in accordance with an application under the Principal Act prior to the granting of an amendment or variation of such allowance, then within fourteen days from the publication in the Government Gazette of such amendment or variation as aforesaid a copy of the Government Gazette containing such amendment or variation shall be deposited with and shall thereafter be retained by the Registrar of Titles under the provisions of section fifty-five of the Transfer of Land Act 1915 as the document declaring the trusts of the land described in the relevant allowance under the provisions of the Principal Act.
(2)If an application has not been made to the Registrar of Titles for a certificate of title to the land included in an allowance prior to the granting of an amendment or variation of such allowance then such amended or varied allowance shall take effect as if the allowance as last amended or varied were the original allowance under the Principal Act, and upon application being made to the Registrar of Titles unde the Principal Act for a certificate of title copies of the Government Gazettes containing respectively the original allowance and the amendment or variation thereof shall together be deposited with and shall thereafter be retained by the Registrar of Titles under the provisions of section fifty-five of the Transfer of Land Act 1915 as the documents declaring the trusts of the land as to which the certificate issues.
9.Application of provisions of No. 391 s. 10
The provisions of section ten of the Principal Act shall with such alterations modifications and substitutions as are necessary extend and apply for the purposes of this Act.
10.Provision for further applications
In the case where any allowance made under the provisions of the Principal Act has been amended or varied pursuant to the provisions of this Act and any further application or applications for amendment or variation of such allowance as so amended or varied is or are made, then the provisions of this Act shall take effect and apply as if the allowance as last amended or varied were the original allowance under the Principal Act.
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SCHEDULES
FIRST SCHEDULE
Whereas by virtue of the powers conferred by the Act of the Parliament of Victoria numbered 391 the Governor on the day of in the year allowed an application for leave to dispose of the land described in the said allowance: Now therefore I head or authorized representative of the denomination known as with the consent of [names of trustees] trustees of the said land and of [name and address of persons so entitled, if any] being the person or persons entitled to minister in or occupy a building or buildings upon the said land do hereby apply to the Governor of the State of Victoria to amend or vary the said allowance in manner hereinafter mentioned: And I certify—
That the only trustees of the said land resident in Victoria are [state names and addresses of all resident trustees];
That the only buildings upon the said land are [state generally the nature of all buildings on the land, or if none, state that there are none] and that the only persons entitled to minister in or occupy the same are the above-named [if there are no such persons state the fact and omit preceding reference to the consent of such persons].
Signature of head or authorized representative—
We consent to this application—
Signatures of trustees—
Signatures of persons entitled to minister in or occupy building or
buildings—
Existing Statement of Trusts:
[Here set out from the existing Statement of Trusts––
(a) the powers of disposition; and
(b) the purposes to which proceeds of disposition are to be applied.]
Statement of amendments or variations of existing Statement of Trusts
hereby applied for––
[Here state particulars of any amendments or variations sought in the
powers or purposes aforesaid.]
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SECOND SCHEDULE
An application having been made by the head or authorized representative of the denomination of under the provisions of The Act No. 391 Amendment Act 1925 for an amendment or variation by the Governor of an allowance of the day of
in the year made under the provisions of the said Act of the Parliament of Victoria numbered 391 the following is the form of such amendment or variation [set out the powers of disposition or the purposes to which proceeds of disposition are to be applied (or both) as amended or varied].
As witness the hand of the Governor of the State of Victoria the
day of 19
Governor of the State of Victoria.
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ENDNOTES
1. General Information
The Act No. 391 Amendment Act 1925 was assented to on 21 September 1925 and came into operation on 21 September 1925.
2. Table of Amendments
There are no amendments made to The Act No. 391 Amendment Act 1925 by Acts and subordinate instruments.
3. Explanatory Details
No entries at date of publication.
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