Victorian Current Acts

RELIGIOUS AND SUCCESSORY TRUSTS ACT 1958

TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement  
   2.      Repeal  

   PART I--RELIGIOUS TRUSTS

   3.      No moneys to be paid by State for church parsonage or minister unless trustees appointed  

   PART II--SUCCESSORY TRUSTS

   4.      Definitions  
   5.      What trusts may be registered under this Part  
   6.      Authority and consent required for the registration of a trust  
   7.      Proof required of authority or consent for registration of a trust  
   8.      Power to registrar to dispense with authority of trustees absent or not to be found etc.  
   9.      Application to register a trust how made  
   10.     Application how dealt with  
   11.     Register of successory trusts  
   12.     Trusts how registered  
   13.     Documents declaring trusts how dealt with  
   14.     Alteration in trusts already registered  
   15.     Documents declaring trusts to be retained by the registrar or delivered up to persons entitled on deposit of copies  
   16.     Indorsement of documents of title  
   17.     Provision for causing notice that lands are subject to the operation of this Part to appear upon the memorial of registration under the general law for the registration of written documents  
   18.     Registration of new name of denomination or institution or body of persons  
   19.     Substitution of model trust deed or new statement of trusts  
   20.     Registration of death of trustee the date of whose death is known  
   21.     Registration of death of trustee the date of whose death is unknown  
   22.     Registration of retirement of trustee  
   23.     Registration of new trustee  
   24.     Power to make transfers to and recordings in the Register in relation to the trustees of registered trusts as such  
   25.     Vesting of trust property in the registered trustees for the time being  
   26.     Trustees of registered trusts to cause property to be dealt with so as to vest in their successors  
   27.     How legal proceedings may be had with respect to property held on a registered trust  
   28.     Entries in the register conclusive and proved by certified copies  
   29.     Registered trusts how proved  
   30.     Lands mortgaged to trustees of registered trusts may be re-vested by the receipt of the trustees  
   31.     Power for succeeding trustee with his creditors' consent to undertake any liability in discharge of his predecessor  
   32.     Power to persons in whom chose in action becomes vested to sue in their own names  
   33.     Application for registration as head or representative of a religious denomination  
   34.     Application how dealt with  
   35.     Registration of head or representative of denomination when there has been no previous registration  
   36.     Succeeding head or representative of denomination how registered  
   37.     Head or representative of denomination succeeding in part only how registered  
   38.     Registration of head or representative of denomination may be cancelled at his request  
   39.     Power to registered head or representative to nominate trustees and for the registration of the same in certain cases of registered trusts  
   40.     Power to registered head or representative to nominate trustee and to apply for the registration of the trust in certain cases  
   41.     Provisions of this Part to extend to and govern the trusts so registered  
   42.     Vesting orders may in certain cases be made by the Registrar concurrently with the Supreme Court  
   43.     Notice of application to be advertised and served  
   44.     Person objecting to application can lodge caveat  
   45.     Supreme Court may require the production of title deeds in support of an application under section 40 or section 42  
   46.     How vesting order carried out by registrar when property not under Transfer of Land Act 1958  
   47.     How vesting order carried out by registrar when property under the Transfer of Land Act 1958  
   48.     Vesting order not to operate until registered  
   49.     Applicant may withdraw his application  
   50.     Inspection of documents retained by the registrar  
   51.     Fees  
   52.     Denominational Register and certified copies thereof made evidence  
   53.     Documents purporting to be certified copies to be deemed such  
   54.     Power to registrar to require explanation and production of documents  
   55.     Power to state case for the Supreme Court  
   56.     Appeal against the decision of the registrar  
   57.     Power to the registrar to correct errors  
   58.     Certain fraudulent acts made misdemeanours  
   59.     Forgery  
   60.     Preceding sections not to affect civil remedies  

   PART III--TRANSITIONAL

   61.     Change of name of Act  
           FIRST SCHEDULE
           SECOND SCHEDULE
           THIRD SCHEDULE
           FOURTH SCHEDULE
           FIFTH SCHEDULE
           SIXTH SCHEDULE
           SEVENTH SCHEDULE
           EIGHTH SCHEDULE
           ENDNOTES