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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
St. Shenouda Coptic Orthodox Monastery
(NSW) Property Trust Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to constitute a statutory corporation to hold property on behalf of the St. Shenouda Coptic
Orthodox Monastery, and
(b) to specify the functions of the statutory corporation, and
(c) to vest in the statutory corporation property held in trust for the Monastery, without the need
to pay duty.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Clause 3 defines certain words and expressions used in the proposed Act.
Part 2 Constitution and functions of Trust
Clause 4 provides for the St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust
(referred to in the proposed Act as the Trust) to be established as a corporation. The Bishop of St.
Shenouda Coptic Orthodox Monastery is to be the sole trustee of the Trust.
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St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Explanatory note
Clause 5 specifies the functions of the Trust.
Clause 6 empowers the Bishop to delegate the Bishop's functions under the proposed Act to any
3 members of the General Board of the St. Shenouda Coptic Orthodox Monastery, at least one of
whom is a clerical member.
Clause 7 provides for the making of by-laws concerning the control, management and
administration of, and dealings with, trust property.
Part 3 Vesting of property in Trust
Clause 8 provides for the vesting in the Trust of property currently vested in the company called
Coptic Orthodox St. Shenouda Monastery Limited or currently held in trust for the St. Shenouda
Coptic Orthodox Monastery.
Clause 9 provides for the vesting in the Trust of property given to, or receivable or recoverable
by, the St. Shenouda Coptic Orthodox Monastery in the future.
Part 4 Particular powers of Trust
Clause 10 enables the Trust to hold property alone or jointly.
Clause 11 provides for the investment of funds by the Trust and enables the Trust to invest, as one
fund, money held for different purposes.
Clause 12 enables the Trust to make advances from its trust funds and specifies how such
advances may be made.
Clause 13 enables the Trust to make arrangements with a church of another denomination
concerning the use of trust property.
Clause 14 enables the Trust to vary the terms of a trust if it has become impossible or inexpedient
to carry out those terms.
Clause 15 enables the Trust to be the executor or administrator of an estate in which the St.
Shenouda Coptic Orthodox Monastery has a beneficial interest. The clause also enables the Trust
to accept appointment as trustee of property held for the St. Shenouda Coptic Orthodox
Monastery's benefit.
Clause 16 authorises the Trust to act on behalf of the St. Shenouda Coptic Orthodox Monastery
in settling the compensation payable in the event that any trust property is exchanged, dedicated
or compulsorily acquired.
Part 5 Miscellaneous
Clause 17 provides for the use and custody of the seal of the Trust.
Clause 18 provides for the execution on behalf of the Trust of instruments required by law to be
in writing and for the entering into of oral contracts on its behalf.
Clause 19 enables the Trust to appoint an agent to execute documents on its behalf.
Clause 20 enables the Trust to certify that it holds property in trust for the St. Shenouda Coptic
Orthodox Monastery.
Clause 21 provides that, if a person obtains a receipt for money paid to the Trust, the person will
not be liable if the money is subsequently lost or misapplied or is not applied.
Clause 22 removes the need for a person involved in a property dealing with the Trust to inquire
whether the Trust has power to deal with the property and protects the person even if the person
had notice that the Trust had no such power.
Clause 23 entitles the Bishop and any other person exercising functions under the proposed Act
to be indemnified out of trust property against liability for certain things done by them in good
faith concerning the property.
Clause 24 provides for the service of documents on the Trust.
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St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Explanatory note
Schedule 1 Savings, transitional and other provisions
Schedule 1 contains savings, transitional and other provisions consequent on the enactment of the
proposed Act. In particular, it provides that, when property vests in the Trust in accordance with
proposed section 8, the rights, obligations and liabilities of the former trustees in relation to the
property will become rights, obligations and liabilities of the Trust. It also enables the making of
regulations of a savings or transitional nature.
Page 3
Introduced by Revd the Hon F J Nile, MLC First print
New South Wales
St. Shenouda Coptic Orthodox Monastery
(NSW) Property Trust Bill 2014
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Constitution and functions of Trust
4 Constitution of Trust 3
5 Functions of Trust 3
6 Delegation 3
7 Trust may make by-laws 3
Part 3 Vesting of property in Trust
8 Vesting of property in Trust on the appointed day 4
9 Vesting of other property in Trust 4
Part 4 Particular powers of Trust
10 Trust may hold property jointly 5
11 Trust may invest trust funds 5
12 Trust may make advances 5
13 Arrangements for other churches to use trust property 5
14 Trusts may be varied 6
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St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Contents
Page
15 Trust may act as executor, administrator or trustee 6
16 Trust may make claims for compensation on exchange, dedication
or compulsory acquisition 7
Part 5 Miscellaneous
17 Custody and use of seal of Trust 8
18 How Trust may execute certain instruments 8
19 Trust may appoint agents to execute under seal 8
20 Evidence of certain matters relating to Trust 8
21 Persons exonerated from liability on receiving receipt for certain
money paid to Trust 8
22 Inquiries relating to dealings with trust property unnecessary in
certain cases 9
23 Certain persons to be indemnified out of trust property 9
24 How documents may be served on Trust 9
Schedule 1 Savings, transitional and other provisions 10
Page 2
New South Wales
St. Shenouda Coptic Orthodox Monastery
(NSW) Property Trust Bill 2014
No , 2014
A Bill for
An Act to constitute the St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust and to
specify its functions, and to provide for the vesting of certain property in the Trust; and for other
purposes.
St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust 4
Act 2014. 5
2 Commencement 6
This Act commences on a day or days to be appointed by proclamation. 7
3 Definitions 8
In this Act: 9
appointed day means the day on which section 4 commences. 10
Bishop means the person who for the time being is the Bishop of St. Shenouda 11
Coptic Orthodox Monastery. 12
Company means the company limited by guarantee under the name Coptic Orthodox 13
St. Shenouda Monastery Limited (ACN 128 927 604). 14
conveyance includes transfer, assignment and assurance. 15
function includes a power, authority or duty, and exercise a function includes 16
perform a duty. 17
General Board means the Board of St. Shenouda Coptic Orthodox Monastery as 18
appointed by the Bishop. 19
Monastery entity means a body, corporate or unincorporate, established by the St. 20
Shenouda Coptic Orthodox Monastery after the appointed day, which is certified in 21
writing by the Bishop to be a Monastery entity for the purposes of this Act. 22
St. Shenouda Coptic Orthodox Monastery means a Coptic Orthodox monastery, a 23
part of the Coptic Orthodox Church of Egypt, a hierarchical Christian body whose 24
leader, overseer and shepherd is the Pope of Alexandria and Patriarch of the See of 25
St. Mark, and whose head is the Bishop, and includes any Monastery entity. 26
Trust means the St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust 27
constituted by this Act. 28
trust property means property held by the Trust. 29
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St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Part 2 Constitution and functions of Trust
Part 2 Constitution and functions of Trust 1
4 Constitution of Trust 2
(1) There is constituted by this Act a corporation under the corporate name of the 3
St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust. 4
(2) The Bishop is the sole trustee of the Trust. 5
5 Functions of Trust 6
(1) The functions of the Trust are as follows: 7
(a) to purchase, exchange, take on lease, hold, dispose of and otherwise deal with 8
property as trustee for, or for the purposes of, the St. Shenouda Coptic 9
Orthodox Monastery, 10
(b) to acquire property by gift, devise or bequest and to agree to and carry out the 11
conditions of the gift, devise or bequest, 12
(c) to borrow money for the purposes of the St. Shenouda Coptic Orthodox 13
Monastery, 14
(d) to mortgage, charge or otherwise encumber trust property, 15
(e) to make gifts or donations of property held by it for the purposes of the St. 16
Shenouda Coptic Orthodox Monastery, 17
(f) to do and suffer all other things that bodies corporate may, by law, do and 18
suffer and that are necessary for or incidental to the exercise of its functions 19
under this Act. 20
(2) The Trust has such other functions as are conferred or imposed on it by this Act. 21
(3) This section does not limit section 50 of the Interpretation Act 1987. 22
6 Delegation 23
The Bishop may, by instrument in writing, delegate any or all of the Bishop's 24
functions under this Act (other than this power of delegation) to any 3 members of 25
the General Board of the St. Shenouda Coptic Orthodox Monastery, at least one of 26
whom is a clerical member. 27
7 Trust may make by-laws 28
(1) The Trust may make by-laws, not inconsistent with this Act, for the control, 29
management and administration of, and dealings with, trust property. 30
(2) A certificate under the seal of the Trust to the effect that a by-law specified in the 31
certificate, or in an annexure to the certificate, was in force on a day specified in the 32
certificate is, until the contrary is proved, evidence that the by-law was in force on 33
that day. 34
(3) A by-law may be amended or repealed by a subsequent by-law made under this 35
section. 36
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St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Part 3 Vesting of property in Trust
Part 3 Vesting of property in Trust 1
8 Vesting of property in Trust on the appointed day 2
(1) This section applies to any property that was, immediately before the appointed day: 3
(a) vested in the Company, or 4
(b) vested in any person in trust for the St. Shenouda Coptic Orthodox Monastery. 5
(2) On the appointed day, property to which this section applies is divested from the 6
Company in which it was vested, or from the person in whom it was vested on trust, 7
and is, to the extent that it was so vested, vested (without conveyance) in the Trust. 8
(3) The vesting of the property in the Trust does not affect: 9
(a) any reservation, mortgage, charge, encumbrance, lien or lease that affected the 10
property, or 11
(b) any trust on which the property was held, 12
immediately before the vesting of the property. 13
(4) No attornment to the Trust by a lessee of land vested in the Trust by this section is 14
necessary. 15
(5) The vesting of property by this section is not a dutiable transaction for the purposes 16
of the Duties Act 1997. 17
(6) A dutiable transaction within the meaning of the Duties Act 1997, or an instrument 18
that effects or evidences a dutiable transaction and that occurs or is executed or 19
registered only for: 20
(a) a purpose ancillary to, or consequential on, the operation of this section, or 21
(b) the purpose of giving effect to this section, 22
is not chargeable with duty under the Duties Act 1997. 23
9 Vesting of other property in Trust 24
To the extent to which an instrument (including a will) provides for any property 25
(other than property to which section 8 applies): 26
(a) to be given to the St. Shenouda Coptic Orthodox Monastery or to a person 27
(other than the Trust) for the benefit of the St. Shenouda Coptic Orthodox 28
Monastery, or 29
(b) to be payable to, or receivable by, the St. Shenouda Coptic Orthodox 30
Monastery or any person (other than the Trust) on behalf of the St. Shenouda 31
Coptic Orthodox Monastery, or 32
(c) to be recoverable by the St. Shenouda Coptic Orthodox Monastery or by any 33
person (other than the Trust) for the St. Shenouda Coptic Orthodox 34
Monastery, 35
a reference in the instrument to the St. Shenouda Coptic Orthodox Monastery, or to 36
that person, is to be treated as a reference to the Trust. 37
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St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Part 4 Particular powers of Trust
Part 4 Particular powers of Trust 1
10 Trust may hold property jointly 2
The Trust may hold or acquire property either alone or jointly as a joint tenant or 3
tenant-in-common. 4
11 Trust may invest trust funds 5
(1) The Trust: 6
(a) may invest or lend any funds that it holds on trust in accordance with the terms 7
of any trust to which the funds are subject, and 8
(b) may also invest or lend any such funds in accordance with the Trustee Act 9
1925, unless the investment or loan is expressly forbidden by the instrument 10
(if any) creating the trust to which the funds are subject. 11
(2) The Trust may invest trust funds held by it for different purposes or activities, or any 12
part of those funds, as one fund. 13
(3) Income arising from an investment of funds in accordance with subsection (2) is to 14
be apportioned rateably among the several purposes or activities for which the funds 15
are held on trust. 16
(4) Any loss arising from an investment of funds in accordance with subsection (2) is to 17
be apportioned rateably among the several purposes or activities for which the funds 18
are held on trust. 19
12 Trust may make advances 20
(1) The Trust may make advances out of its trust funds for any purpose of or relating to 21
the St. Shenouda Coptic Orthodox Monastery. 22
(2) Any sum so advanced is taken to be an investment of the money and bears interest at 23
a rate fixed by the Trust. 24
(3) The sum advanced, and any interest on that sum, is taken to be a charge on those 25
assets (if any) that the Trust holds for the purpose for which the advance was made. 26
13 Arrangements for other churches to use trust property 27
(1) In this section, scheme of co-operation means a scheme entered into by the Trust: 28
(a) with or involving a church of another denomination or any congregation or 29
activity of such a church, and 30
(b) concerning the use of trust property. 31
(2) The Trust may permit trust property to be used and managed for the purposes of a 32
scheme of co-operation on such terms and conditions as the Trust determines. 33
(3) Any proceeds derived by the Trust from a scheme of co-operation are to be applied 34
in the manner determined by the Trust. 35
(4) Conditions that the Trust may determine under this section include: 36
(a) conditions with respect to the making of monetary contributions towards the 37
acquisition, construction, alteration, maintenance or repair of property vested 38
in or held on behalf of a co-operating church or congregation, and 39
(b) the giving or taking of a security or charge over any property. 40
(5) Trust property may be used in accordance with a scheme of co-operation except to 41
the extent that the property is subject to an express trust expressly forbidding its use 42
in that manner. 43
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St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Part 4 Particular powers of Trust
(6) Trust property is not to be regarded as property that is subject to an express trust 1
expressly forbidding its use under a scheme of co-operation merely because it is 2
directed to be held in trust for worship within, or for the purposes of, the St. Shenouda 3
Coptic Orthodox Monastery. 4
14 Trusts may be varied 5
(1) The Trust may declare that, in its opinion, it has become impossible or inexpedient 6
to carry out or observe the terms of a trust of property vested in it, whether as to its 7
purpose or any other of its terms. 8
(2) The Trust may by the same or a later declaration declare that the property is subject 9
to another trust and on the making of such a declaration: 10
(a) the trust that is to be replaced ceases, and 11
(b) the property is to be held subject to the other trust. 12
(3) In making such a declaration, the Trust must ensure that the property is dealt with as 13
nearly as is possible for the purposes for which the property was held immediately 14
before the declaration. 15
(4) However, the Trust may declare that, in its opinion, it is impossible or inexpedient to 16
deal with the property in accordance with subsection (3) because of circumstances 17
arising after the creation of the replaced trust. 18
(5) On making a declaration under subsection (4), the Trust may hold, dispose of or 19
otherwise deal with and apply the property for such purposes for the use and benefit 20
of St. Shenouda Coptic Orthodox Monastery as the Trust declares. 21
15 Trust may act as executor, administrator or trustee 22
(1) The Trust: 23
(a) may apply for and obtain, or join in applying for and obtaining, probate of the 24
will, or letters of administration for the estate, of a deceased person if the St. 25
Shenouda Coptic Orthodox Monastery has a beneficial interest, vested or 26
contingent, in the estate of that person, and 27
(b) may accept appointment and act as trustee or co-trustee under a trust if the trust 28
property is not already vested in the Trust by or in accordance with this Act 29
and the trust was created wholly or partly for the benefit of the St. Shenouda 30
Coptic Orthodox Monastery, and 31
(c) may do all things necessary for the exercise of its functions as executor, 32
administrator or trustee. 33
(2) If authorised by the Trust to do so, a person employed by the Trust may, on behalf of 34
the Trust: 35
(a) swear an affidavit, or 36
(b) make a declaration or statement, or 37
(c) give security and do any other act or thing, 38
that is, by any charter, enactment or rule of court, required to be done by a person 39
who is applying for or granted probate or letters of administration, or who is 40
administering a trust. 41
(3) The Trust may: 42
(a) renounce executorship, or 43
(b) decline to act as administrator of an estate, or 44
(c) retire, or decline to act, as trustee of property (other than property vested in it 45
by or in accordance with Part 3). 46
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St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Part 4 Particular powers of Trust
(4) Any commission or other remuneration earned by the Trust as an executor, 1
administrator or trustee appointed under the authority of this section belongs to the 2
Trust and the Trust may use or apply the commission or remuneration only for an 3
object or purpose specified or approved by the Trust. 4
16 Trust may make claims for compensation on exchange, dedication or compulsory 5
acquisition 6
In relation to the exchange, dedication or compulsory acquisition of any trust 7
property, the Trust may: 8
(a) act on behalf of the St. Shenouda Coptic Orthodox Monastery and make 9
claims for compensation, and 10
(b) agree to and settle any such claims for such amount, and on such terms and 11
conditions, as it thinks fit. 12
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St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Part 5 Miscellaneous
Part 5 Miscellaneous 1
17 Custody and use of seal of Trust 2
(1) The seal of the Trust is to be kept by the Bishop and may be affixed to a document 3
only: 4
(a) with the authority of the Trust, and 5
(b) in the presence of the Bishop, and 6
(c) with an attestation by the signature of the Bishop of the fact of the affixing of 7
the seal. 8
(2) An instrument purporting to have been sealed with the seal of the Trust and to have 9
been signed by the Bishop is taken to have been executed in accordance with this 10
section. 11
18 How Trust may execute certain instruments 12
(1) Any instrument relating to any property or matter that, if made or executed by an 13
individual, would by law be required to be in writing under seal may be made on 14
behalf of the Trust in writing under the seal of the Trust. 15
(2) Any instrument relating to any property or matter that, if made by or between 16
individuals, would by law be required to be in writing signed by the parties to be 17
bound by it, may be made on behalf of the Trust in writing by any person acting under 18
its authority, express or implied. 19
(3) Any contract relating to any property or matter that, if made between individuals, 20
would by law be valid although made orally only, may be made on behalf of the Trust 21
by any person acting under its authority, express or implied. 22
19 Trust may appoint agents to execute under seal 23
(1) The Trust may, by writing under its seal, expressly empower any person, in respect 24
of any specific matter, to execute any deed or other document on its behalf as its 25
agent or attorney. 26
(2) Any deed signed by such an agent or attorney on behalf of the Trust binds the Trust 27
and has the same effect as if it were under the seal of the Trust. 28
20 Evidence of certain matters relating to Trust 29
(1) A certificate under the seal of the Trust to the effect that property specified in the 30
certificate is held by it in trust for the St. Shenouda Coptic Orthodox Monastery is, 31
in any legal proceedings, evidence that the property is so held. 32
(2) A certificate under the seal of the Trust to the effect that the estate or interest of a 33
person specified in the certificate in land so specified is an estate or interest vested in 34
the Trust by this Act is, for the purposes of any application by the Trust to be 35
registered under the Real Property Act 1900 as the proprietor of that estate or interest, 36
evidence of its contents. 37
21 Persons exonerated from liability on receiving receipt for certain money paid to Trust 38
A receipt for money paid to the Trust that: 39
(a) is executed under the seal of the Trust, or 40
(b) is in writing signed by a person or persons purporting to be duly authorised for 41
the purpose by the Trust, 42
exonerates the person by whom or on whose behalf the money is paid from any 43
liability for the loss, misapplication or non-application of the money. 44
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St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Part 5 Miscellaneous
22 Inquiries relating to dealings with trust property unnecessary in certain cases 1
Whenever the Trust acquires, disposes of, mortgages, leases or otherwise deals with 2
property it is not necessary for: 3
(a) the other party or parties to the transaction or dealing, or 4
(b) the Registrar-General or any other person registering or certifying title to the 5
property, 6
to inquire whether the Trust has power to acquire, dispose of, mortgage, lease or 7
otherwise deal with the property and none of those persons is affected by notice that 8
the Trust has no such power. 9
23 Certain persons to be indemnified out of trust property 10
The Bishop, and any other person, exercising in good faith a function in relation to 11
trust property in accordance with this Act or any by-law of the Trust, and the executor 12
or administrator of the Bishop or the person, are entitled to be indemnified out of trust 13
property against all expenses and liabilities that they incur in connection with the 14
exercise of the function. 15
24 How documents may be served on Trust 16
Any document may be served on the Trust by delivering it to, or sending it by post 17
to, the Bishop or any person appearing to be authorised by the Trust to accept service. 18
Page 9
St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions 1
Part 1 General 2
1 Regulations 3
(1) The Governor may make regulations containing provisions of a savings or 4
transitional nature consequent on the enactment of this Act or any Act that amends 5
this Act. 6
(2) Any such provision may, if the regulations so provide, take effect from the date of 7
assent to the Act concerned or a later date. 8
(3) To the extent to which any such provision takes effect from a date that is earlier than 9
the date of its publication on the NSW legislation website, the provision does not 10
operate so as: 11
(a) to affect, in a manner prejudicial to any person (other than the State or an 12
authority of the State), the rights of that person existing before the date of its 13
publication, or 14
(b) to impose liabilities on any person (other than the State or an authority of the 15
State) in respect of anything done or omitted to be done before the date of its 16
publication. 17
Part 2 Provisions consequent on enactment of this Act 18
2 Definition 19
In this Part, former trustee means any person in whom, immediately before the 20
appointed day, property was vested in trust for the St. Shenouda Coptic Orthodox 21
Monastery. 22
3 Claims and liabilities in relation to the Trust 23
On and from the appointed day, the following provisions have effect in relation to 24
property vested in the Trust in accordance with section 8: 25
(a) the rights and liabilities of a former trustee become rights and liabilities of the 26
Trust to be exercised and discharged in accordance with this Act, 27
(b) the obligations of a former trustee become obligations of the Trust to be 28
performed in accordance with this Act, 29
(c) proceedings before a court or tribunal by or against a former trustee that, 30
immediately before the appointed day, were pending or in the course of being 31
heard are taken to be proceedings by or against the Trust, 32
(d) to the extent to which an act, matter or thing done or omitted to be done on 33
behalf of a former trustee had any force or effect immediately before the 34
appointed day, it is taken to be an act, matter or thing done or omitted to be 35
done by the Trust, 36
(e) a reference in any instrument to a former trustee is to be read as a reference to 37
the Trust, 38
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St. Shenouda Coptic Orthodox Monastery (NSW) Property Trust Bill 2014 [NSW]
Schedule 1 Savings, transitional and other provisions
(f) time that had commenced to run in relation to a former trustee is taken to be 1
time that had commenced to run in relation to the Trust. 2
Page 11
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