Northcote Trust Fund Act 1975

An Act with respect to the Powers of the Australian Trustees of the Northcote Children's Emigration Fund in relation to certain Lands at Bacchus Marsh, and for other purposes.

WHEREAS the Right Honourable Alice Stephen Baroness Northcote hereinafter called the "testatrix" died on the first day of June One thousand nine hundred and thirty-four having by her will dated the thirteenth day of May One thousand nine hundred and thirty-two inter alia provided for the balance of her residuary estate to constitute a fund under the name of the "Northcote Children's Emigration Fund for Australia" (hereinafter called the "Fund") for the purpose of enabling and assisting poor children of either sex and in particular (but not exclusively) orphans to emigrate from any part of Great Britain to any part of the Commonwealth of Australia and there to establish and equip themselves in life:

AND WHEREAS pursuant to a deed of trust made the twenty-seventh day of September One thousand nine hundred and thirty-nine the Honorable Sir William Charles Angliss vested certain land at Bacchus Marsh in the State of Victoria in the Fairbridge Farm Schools (Incorporated) a company not for profit and limited by guarantee incorporated under the English Companies Acts upon trust to administer sell mortgage lease or otherwise dispose of or deal with the same in such manner as the English trustees appointed pursuant to the Schedule to the Will of the said testatrix shall from time to time direct except insofar as the English trustees shall from time to time delegate the power to give such direction to the Australian trustees appointed pursuant to the said Schedule and in the event of such delegations as the Australian trustees shall direct:

AND WHEREAS the said trust constituted by Sir William Charles Angliss was declared to be governed by and enforceable under the law of the State of Victoria:

AND WHEREAS with the aid of moneys advanced by the Government of Great Britain and by the Government of the Commonwealth of Australia there has been established on the said land a farm and a village for the accommodation of emigrant children (hereinafter called the "Northcote School"):

AND WHEREAS the testatrix by her will appointed certain persons to be English trustees and certain persons to be Australian trustees for the purposes of the Fund and made certain provisions with respect to the appointment of new English and Australian trustees from time to time:

AND WHEREAS by the Northcote School Act 1960 certain persons were declared to be the Australian trustees:

AND WHEREAS the Australian trustees were by the said Act authorized to enter into and carry out arrangements for the education and upbringing of children whether from Great Britain or elsewhere at the Northcote School with any government person or organization in Australia:

AND WHEREAS the Australian trustees pursuant to the powers conferred by the said Act entered into arrangements with the Victorian Government:

AND WHEREAS the English trustees have determined to cease making payments to the Australian trustees for the purposes of the Northcote School:

AND WHEREAS the Australian trustees being no longer able to contribute to the management of the Northcote School desire to surrender to the Crown part of the lands upon which the Northcote School is established so that the facilities can continue to be used for the benefit of children:

AND WHEREAS the Victorian Government desires to continue the Northcote School for the benefit of children:

AND WHEREAS the Australian trustees desire to dispose of the remainder of the land at Bacchus Marsh vested in the Fairbridge Farm Schools (Incorporated) and to hold the proceeds of such sale on certain trusts for the benefit of young people:

AND WHEREAS the English trustees and the directors of the Fairbridge Farm Schools (Incorporated) concur in the proposals of the Australian trustees:

AND WHEREAS the land delineated and marked "X" on the plan in Schedule One and the land delineated and marked "V" on the plan in Schedule Two are parts of the lands that were proclaimed to be roads pursuant to the powers conferred by section 73 of the Land Act 1884 by Order in Council published in the Government Gazette dated the 13th May 1887 at page 1271:

AND WHEREAS in or about the year One thousand nine hundred and four the Shires of Ballan and Bacchus Marsh proposed that the land delineated and marked "W" on the plan in the Second Schedule be dedicated as a road in substitution for the lands "X" and "V" on the plans in Schedule One and Schedule Two respectively:

AND WHEREAS the said lands delineated and marked "V" and "X" respectively are currently comprised in Certificate of Title Volume 6358 Folio 549 and Certificate of Title Volume 8899 Folio 039 respectively:

AND WHEREAS it is expedient to revoke the Order in Council relating to the said lands marked "X" and "V" and to declare the land delineated and marked "W" on the plan in Schedule Two to be a road:

AND WHEREAS it is expedient to make provision to give effect to these proposals:

s. 1

This Act may be cited as the Northcote Trust Fund Act 1975.

s. 6

As on from and after the commencement of this Act the English trustees shall be freed and discharged from all trust duties and obligations with respect to the property dealt with by this Act or authorized to be dealt with by the Australian trustees under this Act.

S. 7

substituted by No. 18/1989 s. 13(Sch. 2 item 62(b)).

The Registrar of Titles must, upon application by the Australian Trustees and upon submission of the relevant certificates of title and without fee, make any recordings in the Register kept under the Transfer of Land Act 1958 that are necessary or expedient because of this Act.

SCHEDULES

SCHEDULE ONE

Sch. 1

Land

SCHEDULE TWO

Land

Sch. 2

SCHEDULE THREE

Land

Sch. 3

The Northcote Trust Fund Act 1975 was assented to on 22 April 1975 and came into operation on 22 April 1975.