The Great Synagogue, Sydney, Act 1931

This Act may be cited as The Great Synagogue, Sydney, Act 1931.

In this Act unless the context or subject-matter otherwise requires or indicates—

The Association means the persons who at the date of the passing of this Act are members of and constitute the body association or society known as The Great Synagogue, Sydney.

Body corporate means the body corporate constituted by this Act.

Board of Management means the persons who for the time being constitute the Board of Management of the body corporate.

Members includes—

persons who at the date of the passing of this Act are entitled according to the constitution laws rules and regulations of the Association to vote at general meetings of the Association,

persons who are for the time being entitled according to the rules for the time being in existence of the body corporate to vote at general meetings of the body corporate or who are otherwise according to such rules members of the body corporate.

The members shall by the name of “The Great Synagogue, Sydney”, be a body corporate with perpetual succession and a common seal and under that name may sue and be sued proceed and be proceeded against in all courts.

The lands hereditaments and premises comprised in the said certificates of title are hereby vested in the body corporate for an estate in fee simple and the said lands hereditaments and premises shall be held by the body corporate freed and discharged from all trusts affecting the same but as regards the lands hereditaments and premises comprised in the said certificate of title, volume 117, folio 77, the same shall be held by the body corporate upon trust for the objects of the body corporate specified in clauses (a) and (b) of section ten of this Act: Provided that if the Board of Management from time to time thinks fit the said lands hereditaments and premises may in addition to such trust be held on trust from time to time for any one or more of the objects specified in clauses (c), (d) and (e) of the said section ten and as regards the lands hereditaments and premises comprised in the said certificate of title, volume 1261, folio 125, such lands hereditaments and premises and the proceeds of any sale mortgage charge encumbrance lease or other disposition thereof shall be held upon trust for any one or more of the objects of the body corporate specified in the said section ten, or for any other objects or purposes whether ejusdem generis or not as the Board of Management thinks fit.

The Registrar-General is hereby directed and empowered to make every such entry cancellation and correction on any Crown grant to any land hereditaments and premises vested in or held by any person in trust for or on behalf of the Association and also in the register as shall or may be necessary to register the body corporate as the registered proprietor of such lands hereditaments and premises for an estate in fee simple free from any trust caveat or other notification.

If the said lands hereditaments and premises comprised in the said certificate of title, registered volume 117, folio 77, or any land hereditaments and premises which may from time to time or at any time or times hereafter be acquired pursuant to the provisions in this subsection hereinafter contained is sold or exchanged by the body corporate then the trusts by subsection (a) of this section directed shall attach and the trusts by the said subsection permitted may as in such subsection mentioned be attached to whatever is received by the body corporate by way of consideration upon any such sale or exchange: Provided always that if such consideration or any part thereof consists of money then such money shall be used for one or more of the following purposes namely (a) acquiring other land with or without any building or buildings thereon which land shall be held upon the trusts so directed and may as is in the said subsection mentioned be held also upon the trusts so permitted (b) erecting any building or buildings upon any such land (c) remodelling altering repairing renovating or demolishing any building or buildings erected on any such land: Provided further that pending the application of such money or any part thereof for any such purpose such money or part shall be invested in any security authorised by the Trustee Act 1925, or any Act or Acts amending the same and the net income thereof shall be applied in or towards any of the objects of the body corporate.

s 4: Am The Great Synagogue, Sydney (Amendment) Act 1953, sec 2 (a); 2021 No 10, Sch 3.24[1] [2].

All other real and personal estate which at the date of the passing of this Act is vested in or held by any person in trust for or on behalf of the Association is hereby transferred to and vested in the body corporate and any such real or personal estate shall be held by the body corporate freed and discharged from all trusts affecting the same but upon trust for the objects of the body corporate specified in clause (a) of section ten of this Act: Provided that if the Board of Management from time to time thinks fit any such real or personal estate may in addition to such trust be held on trust from time to time for any one or more of the objects specified in clauses (b), (c), (d) and (e) of section ten.

s 5: Am The Great Synagogue, Sydney (Amendment) Act 1953, sec 2 (b).

The body corporate may—

take purchase acquire hold and enjoy in fee simple whether legal or equitable or for any lesser estate or interest whether legal or equitable (including a leasehold estate or interest) any lands with or without buildings thereon,

take purchase acquire receive hold and enjoy any chattels and any personal property and any interest in such chattels or property,

where the Board of Management is of the opinion that it is in the interest or for the benefit of the body corporate and in furtherance of the objects thereof so to do, acquire by gift bequest or devise any property and agree to and carry out the conditions of any such gift, bequest or devise,

upon such terms and conditions as to it may seem fit sell grant convey transfer or otherwise dispose of demise for any term or terms with or without an option or options of purchase with power to accept surrenders and with and subject to such provisions and conditions it thinks fit either absolutely or by way of mortgage charge or encumbrance or otherwise howsoever any of the property real or personal vested in or belonging to the body corporate or to which it shall or may be in anywise entitled including the whole or any part of or interest in the lands hereditaments and premises comprised in the said certificates of title—

Provided always that the lands hereditaments and premises comprised in the said certificate of title, volume 117, folio 77, or any part or parts thereof or any other lands hereditaments and premises or any part or parts thereof acquired pursuant to the provisions of subsection (c) of section four shall not be sold, disposed of or mortgaged or leased for a term exceeding at any one time five years without the authority of the members first had and obtained which authority shall be evidenced by a special resolution of the members as is hereinafter mentioned: Provided further that the Board of Management may from time to time without such authority borrow upon the security of any lands belonging to the body corporate including the lands hereditaments and premises comprised in the said certificate of title, volume 117, folio 77, by way of mortgage charge or encumbrance or by deposit of the title deeds such sum or sums of money as the Board of Management may think necessary for any of the objects of the body corporate but so that the total amount so borrowed shall not at any one time exceed four thousand dollars except with the authority of the members first had and obtained and evidenced by a special resolution as aforesaid.

s 6: Am The Great Synagogue, Sydney (Amendment) Act 1953, sec 2 (c).

The rule of law relating to perpetuities shall not apply to any condition of a gift, bequest or devise to which the body corporate has agreed.

s 6A: Ins The Great Synagogue, Sydney (Amendment) Act 1953, sec 2 (d).

No purchaser mortgagee lessee or other person nor the Registrar-General upon any sale exchange mortgage lease or other dealing purporting to be made under the powers granted by or under this Act shall be concerned to see or enquire into the necessity propriety regularity or due authorisation thereof or the mode of exercising the same or be affected by notice that the exercise of any power is unnecessary improper irregular or unauthorised.

The receipt of the Treasurer for the time being of the Board of Management countersigned by the Secretary for the time being of the body corporate or by such other person as the Board of Management may from time to time appoint for any and all moneys payable to the body corporate shall be a good and valid discharge therefor exonerating the person paying such moneys from seeing to the application thereof or being concerned as to the non-application or mis-application thereof.

The body corporate shall have all such powers as may be necessary for or incidental or conducive to the carrying out of any of its objects.

The body corporate may except as is in this Act otherwise expressly provided apply any of its moneys whether income or capital and howsoever arising or acquired for or towards such one or more of the objects of the body corporate and in such manner as the Board of Management may from time to time determine: Provided that pending any such application any such moneys may be invested in any security authorised by the Trustee Act 1925 or any Act or Acts amending the same.

The objects of the body corporate are—

to provide maintain manage and conduct a place or places for and to make such other provision as to the Board of Management may seem desirable or expedient for the performance of public worship by members of the Jewish Faith,

to from time to time provide such accommodation at and in such places as the Board of Management in its discretion thinks fit for the religious instruction of adults and children of the Jewish Faith,

to provide and maintain a place or places for and/or to make such other provision as to the said Board may seem desirable or expedient for any one or more of the following namely the performance of any Jewish religious services rites practices or activities the residence of any Minister or official of the body corporate,

to perform and carry out such charitable activities as to the Board of Management may seem desirable or expedient,

to make donations to or for the purposes of—

any organization established for the education and training of persons in the principles and practices of the Jewish Faith,

any public charitable institution.

s 10: Am The Great Synagogue, Sydney (Amendment) Act 1953, sec 2 (e).

The body corporate may subject to the approval of the members evidenced by special resolution create or form a component part of a federation or union of Jewish Congregations in New South Wales or any other State or States of or in the Commonwealth of Australia.