Boy Scouts Association Act 1954

A person – who, at the commencement of this Act, holds; who, at any time after the commencement of this Act, acquires; or to whom is or has been given, devised, or bequeathed (whether before or after the commencement of this Act) – any real property or personal property in this State upon trust for or on behalf of, or for the benefit of, the Association or any branch thereof or any local association, group, or other body formed under the policy organization and rules of the Association in this State shall, if so required by the corporation, by notice in writing, transfer, convey, or assign that real property or personal property to the corporation, at the cost of the corporation, but subject to any conditions or trusts upon which it is or was held, acquired, given, devised, or bequeathed.

A notice under subsection (1) – shall be signed by the general secretary or other officer of the corporation authorized by the corporation in that behalf; and shall be deemed to have been received by the person to whom it is addressed at the expiration of the period of 3 days after it has been forwarded to that person by registered post at his usual or last-known place of residence in this State or, if it is addressed to more persons than one, after it has been so forwarded to any one of those persons at his usual or last-known place of residence in this State.

Notwithstanding the foregoing provisions of this section, any real property or personal property that is vested in, or held by or on behalf of, or that is given, devised, or bequeathed to, a sponsored group may, subject to any express trust affecting it, be held in trust for such purposes, and be disposed of in such manner, as the sponsoring authority of that group may determine; but if a sponsoring authority deals with any real property or personal property in a manner contrary to the conditions and trusts upon which it is held, the corporation may, by notice in writing in accordance with this section, require the organization by which the sponsoring authority is appointed, or that sponsoring authority, to transfer, convey, or assign that property to the corporation.

Any person, organization, or sponsoring authority to whom or to which a notice under this section is given may apply by summons to a judge for an order that the transfer, conveyance, or assignment of the property to which the notice relates shall be subject to such terms and conditions as the judge may determine, and the judge may make such order with respect to the terms and conditions to which the transfer, conveyance, or assignment shall be subject as the judge may think just and equitable, having regard to all the circumstances of the case.

If – after the giving of a notice under this section any person, organization, or sponsoring authority to whom or to which the notice is given fails to execute a transfer or conveyance, or an assignment, to the corporation of the property to which the notice relates; or a person holds any real property or personal property in this State upon trust for or on behalf of, or for the benefit of, the Association or any branch thereof, or any local association, group, or other body formed under the policy organization and rules of the Association in this State, and the whereabouts of that person are unknown – the corporation may apply by summons to a judge for an order directing the Principal Registrar of the Supreme Court to execute for and on behalf of that person, organization, or sponsoring authority a transfer or conveyance, or an assignment, of that property to the corporation.

Where a summons is taken out by the corporation pursuant to subsection (5), the judge by whom the summons is heard may, upon proof to his satisfaction that – the property to which the summons relates is held by any person, organization, or sponsoring authority for or on behalf of, or for the benefit of, the Association or any branch thereof, or any local association, group, or body formed under the policy organization and rules of the Association in this State; notice under this section requiring that person, organization, or sponsoring authority to transfer, convey, or assign that property has been given to that person, organization, or sponsoring authority by the corporation; and that person, organization, or sponsoring authority has failed to execute a transfer or conveyance, or an assignment, of the property to the corporation, or, as the case may be, that the whereabouts of that person are unknown – the judge may, by order, direct the Principal Registrar to execute for or on behalf of that person, organization, or sponsoring authority a transfer or conveyance, or an assignment, of that property to the corporation, and the Principal Registrar shall thereupon do all such acts and things, and execute all such instruments, as may be necessary to transfer, convey, or assign the property to the corporation, but subject, in the case of real property, to any charge, mortgage, lease, or easement affecting it and to any trust upon which it was held by that person, organization, or sponsoring authority.

A person who, in this State, has at any time acquired any property by using the name of the Association, or of any branch thereof, or of any local organization, group, or body formed under the policy organization and rules of the Association in this State shall, for the purposes of this section, be deemed to be a person who holds that property for or on behalf of, or for the benefit of, the Association or of that branch, local association, group, or sponsoring authority.

Any liabilities in respect of real property or personal property that, by virtue only of the operation of this subsection, become vested in the corporation, may be enforced against the corporation.

Any rights that have accrued or hereafter accrue to a person in this State on behalf of the Association are, by virtue only of the operation of this subsection, vested in the corporation, and may be enforced by or in favour of the corporation accordingly.