United Grand Lodge of Antient Free and Accepted Masons of Queensland Trustees Act Amendment Act 1976 (Qld)

522 Q=g.n I2t ANNO VICESIMO QUINTO ELIZABE'THAE SECUNDAE REGINAE An Act to amend The United Grand Lodge of Antient Free and Accepted Masons of Queensland Trustees Act of 1942 in certain particulars [ASSENTED TO 1ST OCTOBER, 19761 Preamble. Whereas pursuant to The United Grand Lodge of Antient Free and Accepted ,Masons of Queensland Trustees Act of 1942 all lands and any estate therein, all moneys and securities for money and all personal property acquired by or held for The United Grand Lodge of Antient Free and Accepted Masons of Queensland are vested in The Trustees of the United Grand Lodge of Antient Free and Accepted Masons of Queensland: And whereas certain of the property aforesaid is applied to charitable or benevolent purposes that are administered by a board bearing the name " Board of Benevolence and of Aged Masons, Widows and Orphans' Fund: And whereas it is considered desirable that the property applied to charitable or benevolent purposes that are administered by the board aforesaid should vest in such board: And whereas it is proposed that the board aforesaid should become incorporated according to law and thereby become capable of holding property.

United, Etc., Masons, Etc., Trustees Act Amendment Act 523 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 and citation . (1) This Act may be cited as the United Grand Lodge of Antient Free and Accepted Masons of Queensland Trustees Act Amendment Act 1976. (2) In this Act The United Grand Lodge of Antient Free and Accepted Masons of Queensland Trustees Act of 1942 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the United Grand Lodge of Antient Free and Accepted Masons of QueenslandTrustees Act1942-1976. 2. Amendment of s. 2 . Section 2 of the Principal Act is amended by adding after the definition " Registrar of Titles " the following definitions:- 41 . " the Board "-The Board of Benevolence and of Aged Masons, Widows and Orphans' Fund; " the Trustees "-The Trustees of the United Grand Lodge of Antient Free and Accepted Masons of Queensland ". 3. Amendment of s. 3. Section 3 of the Principal Act is amended by omitting the words " All lands " and substituting the words " Save as is prescribed by section 3A, all lands 7". 4. New s. 3A. The Principal Act is amended by inserting after section 3 the following section:- " 3A. Vesting of real and personal property of Grand Lodge held for charitable purposes . ' (1) Upon the incorporation according to law of the Board of Benevolence and of Aged Masons, Widows and Or'phan' Fund- (a) all lands and any estate therein and all moneys and securities for moneys and all personal property vested in The Trustees of the United Grand Lodge of Antient Free and Accepted Masons of Queensland at the time of such incorporation and held for a charitable or benevolent purpose, administered by the Board shall, by virtue of such incorporation, be divested from the Trustees and vest in the Board; and (b) all Masonic lands, all moneys or securities for moneys and all personal property acquired by or for Grand Lodge by gift, purchase, devise, bequest or otherwise

524 United, Etc., Masons, Etc., Trustees Act Amendment Mt at any time or times after- such incorporation for a charitable or benevolent purpose administered. by. the Board shall vest in the Board. (2) The vesting of property in the Board pursuant to subsection (1) shall not prejudice any mortgage, charge, encumbrance, lien, lease, agreement or other transaction to which the property is subject immediately before such vesting. (3) A passing of property to the Board pursuant to paragraph (a) of subsection ( 1) is not a disposition of property . respect of which gift'duty is payable. (4) Where property divested from the Trustees and vested in the Board pursuant to subsection (1) consists of a, chose in action itshall° be deemed that sufficient notice has been.'given to all persons of the passing of the property.". 5. New ss. 3B , 3C'and 3D. The Principal Act'is aniefideti"Sy inserting after section 3A the follbwing . sections:= " 3B. Assumption of liabilities and obligations relating to property vested pursuant to s. 3A. Upon the vesting in the Board, t-kurisuant to section 3A of- property- that is affected by any mortgage, charge, encumbrance, 'iieni'lease, agreement or other transaction the. Board shall, -by virtue of such vesting, assume all 'liabilities and obligations had by the Trustees or by any person on behalf of Grand Lodge pursuant to any such mortgage, charge,, encumbrance, lien, lease ,, agreement or..pther transaction and the Trt steed or such person shall thereupon cease to have such liabilities and obligations. 3C. Board deemed to be party to transactions . For the purpose of enforcing by or against the, Board a chose in action vested in it pursuant to section 3A or any liability or obligation assumed by it pursuant to section 3B it shall be deemed, where necessary • to do so, that the Board is a party to the instrument of mortgage, charge, encumbrance, lien, lease or agreement or other document or transaction that confers the right or imposes the liability or obligation that is to be enforced in place of the Trustees or other person from whom the chose in action is divested pursuant to section 3A or the liability or obligation is assumed pursuant to section 3B. 3D. Unauthorised investments by Board subject to approval of Grand Lodge. The Board shall not invest moneys held by it in any investment that is not an authorised investment within. the meaning of the Trusts Act1973 save with the approval of Grand Lodge first had and obtained.".

United, Etc., Masons, Etc., Trustees Act Amendment Act 525 6. New s. 14. The Principal Act is amended by adding after section 13 the following section:- " 14. Statutory duties and fees not payable in prescribed cases. No stamp duty or other fee ordinarily payable pursuant to any Act shall be chargeable upon any instrument or document made- (a) to evidence a divesting and vesting of property pursuant to paragraph (a) of section 3A; (b) to evidence an assumption of a liability or obligation pursuant to section 3s; or (c) to give full effect to the objects and purposes of this Act in relation to such a divesting, vesting or assumption.".