Salvation Army Property Trust Act 1934

This Act is the Salvation Army Property Trust Act 1934.

In this Act:

Note A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).

Deeds Poll means the Deed of Constitution, the Deed Poll under the hand of William Booth bearing date 26 July 1904, and the Deed Poll under the hand and seal of William Bramwell Booth bearing date 1 June 1920.

General or The General means the General of The Salvation Army under its Constitution, or his attorney for the time being in the State of New South Wales duly authorised in that behalf, or such other person as for the time being has vested in him under that Constitution general control and authority over the property in England of The Salvation Army, or the attorney for the time being in the State of New South Wales of that person duly authorised in that behalf.

the Trust or the Trustees means The Salvation Army (New South Wales) Property Trust, constituted under the Salvation Army (New South Wales) Property Trust Act 1929 (NSW), and any reference to a majority of the Trustees shall be read as a reference to a majority of the persons for the time being constituting the Trust.

All lands, tenements, and hereditaments, including chattels real situate in the ACT, together with all rights, easements, and appurtenances relating thereto and all personal property which were at the time of his death held by and now stand in the name of William Bramwell Booth, as General of The Salvation Army or Director of the Social Work of The Salvation Army respectively, upon the trusts of the Deeds Poll, and all other lands, tenements, and hereditaments whatsoever, including chattels real situate in the Territory, which at the commencement of this Act stand in the name of William Bramwell Booth or in the name or names of any other person or persons in trust for The Salvation Army in the ACT, or for any of its funds or any auxiliary or department of its work or any corps or institution of The Salvation Army in the ACT, or to which The Salvation Army in the ACT is otherwise entitled, save and except any property held by The Salvation Army Auxiliary Company of Australia Proprietary Limited, shall without any conveyance or transfer vest in the Trustees upon the trusts and with the powers, authorities, and discretions and subject to the terms, provisions, and conditions of this Act and the Deeds Poll, according to the particular trusts in each case upon which the same shall be held at the commencement of this Act, but subject and without prejudice to any special trusts (if any) upon which the same may be held, and subject also to any reservation, mortgage, charge, encumbrance, lien, or lease affecting the same respectively, and subject and without prejudice to any resulting trust or any trust of any such lands, tenements, or hereditaments in favour of the donor or any person or corporation other than The Salvation Army, but upon and subject to no other trusts or provisions whatsoever.

The Trustees may exercise all the powers relating to the lands, tenements, and hereditaments and personal property hereby vested in them, and in respect of all lands, tenements, and hereditaments and personal property which may after the commencement of this Act be acquired by them or which may become vested in them under this Act which are now exercisable by the General of The Salvation Army and the Director of the Social Work of The Salvation Army for the time being respectively under the Deeds Poll, according as they shall and may hold the same upon one or the other of the trusts of the Deeds Poll, and may exercise such powers and all or any of the powers by this Act conferred upon them, notwithstanding there shall be for the time being any vacancy in the office of General of The Salvation Army or the office of Director of the Social Work of The Salvation Army.

All property held by the Trustees shall, so far as the same is not subject to any express trust, be held and dealt with by them in accordance with and subject to the powers and provisions of the Deeds Poll, according to the trusts upon which the property is held, and no person dealing with the Trustees shall be bound to inquire into the propriety or necessity of any such dealing.

The Trustees may, for the purpose of securing such sums of money as they deem requisite or necessary for the purposes of The Salvation Army or the Social Work of The Salvation Army, mortgage to any person any land or interest in land vested in the Trustees:

Provided nevertheless that any moneys raised on any land or interest in land which shall for the time being be held upon trust for the Social Work of The Salvation Army shall only be used for the purposes of the Social Work of The Salvation Army.

The Trustees may sell by public auction or private contract as they deem expedient, at such price as can be reasonably obtained for the same, any real and personal estate vested in them and when sold convey the same or any part thereof, and thereupon the same shall vest in the purchasers, their heirs, executors, administrators, or assigns according to the estate and interest of the Trustees therein absolutely freed and discharged from the trusts affecting the same.

The receipt in writing of a majority of the Trustees or of any person thereto authorised by such majority in writing to receive the same for the mortgage moneys raised on any property mortgage by the Trustees, or for the purchase money of any property sold under this Act, or for any moneys payable to them when exercising any of the powers by this Act conferred upon them, or when exercising any of the powers for the time being vested in the General or the Director of the Social Work, as the case may be, under and by virtue of the Deeds Poll, shall exonerate the mortgagee and the purchaser and all other persons for the time being paying such moneys to the Trustees, or the person authorised to receive the moneys from seeing to the application of the same, and from all liability as to the misapplication or non-application thereof and from inquiring into the propriety or necessity of any mortgage or sale, lease, or other dealing whatsoever.

The proceeds of the sale of any lands held for the purpose of the Social Work shall be devoted to the purposes of the Social Work, and the Trustees may for such purposes acquire therewith other lands and buildings for the purposes of such Work.

A certificate purporting to be signed by the attorney for the time being of the General, of the appointment of a secretary or other officer shall be prima facie evidence, and, in favour of the Crown and the Registrar-General and every person who deals for value with the Trustees, conclusive evidence, of his or their due appointment, and 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 resolution of the Trustees shall be prima facie evidence, and, in favour of the Crown and the registrar-general and every person who deals for value with the Trustees, conclusive evidence, as to who are the Trustees for the time being, and of any such resolution.

Whenever by any will, deed, or other instrument any property, real or personal, has been or is devised, bequeathed, given, granted, released, conveyed, or appointed or has been or is declared or directed to be held upon trust to or for the benefit of The Salvation Army or of any fund, institution, branch, or corps thereof or is recoverable by or payable to The Salvation Army or by or to any fund, institution, branch, or corps thereof or be receivable by or payable to any officer thereof for the benefit of The Salvation Army or any of its funds, institutions, branches, or corps, or for its Social Work the will, deed, or instrument shall be construed and operate and take effect as though the Trustees were named therein, and the acknowledgment or receipt of the Trustees or a majority of them or of any person thereto authorised in writing by the Trustees, or a majority of them, for any such gift shall be a sufficient discharge to the person liable to deliver or transfer any such money or property under the will, deed, or instrument, and all property, real or personal, so devised, bequeathed, given, granted, released, conveyed, or appointed, or declared or directed to be held upon trust shall, subject to the trusts of the will, deed, or other instrument, and subject to any direction to the contrary therein contained so far as the same are capable of taking effect, be under the direction and control of the Trustees, and they may call for the transfer, conveyance, or delivery thereof.

Whenever by any will, deed, or other instrument, or by any gift or disposition of property made before but not taking effect until after the commencement of this Act, or by any will or other instrument or by any gift or other disposition of property made after the commencement of this Act any real or personal property has been or is devised, bequeathed, or given to or for the benefit of The Salvation Army or to or for the benefit of any fund, corps, institution, branch, or auxiliary thereof, other than real or personal property devised, bequeathed or given to specific trustees upon trust for The Salvation Army or for any such fund, corps, institution, branch, or auxiliary thereof, all such real and personal property shall vest in the Trustees.

The Trustees shall hold any such real and personal property upon the trusts (if any) declared in respect thereof, and if no such trusts have been declared shall hold and deal with such real and personal property and the proceeds thereof in trust for The Salvation Army for such purposes and in such manner as they deem expedient, and may convey, transfer, or deliver any such real or personal property to such person and upon such trusts as they think fit, and the Trustees and any person to whom any such real or personal property is so conveyed, transferred, or delivered may sell, lease, mortgage, or otherwise deal with any such real or personal property:

Provided that the receipt in writing of the Trustees or a majority of them or of any person thereto authorised in writing by the Trustees or a majority of them of any moneys receivable by them in the exercise of those powers shall exonerate the person paying the same to them from seeing to the application thereof and all liability as to the misapplication or non-application thereof, and no person shall be bound to inquire into the validity of any such sale, conveyance, lease, or mortgage.