Change of name of Act
61 Change of name of Act
On and from the commencement of section 5 of the Charities (Amendment) Act 2006, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind, any reference to the Religious Successory and Charitable Trusts Act 1958 is deemed to be a reference to the Religious and Successory Trusts Act 1958 so far as it applies to any period on or after that commencement, unless the contrary intention appears.
Schedules
Section 2.
First Schedule
Number of Act |
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3765 | Religious Successory and Charitable Trusts Act 1928 | The whole |
3822 | Sessional Acts Revision Act 1929 | Section 6(7) |
4865 | Public Charitable Trusts Act 1941 | The whole |
Section 9.
Sch. 2 amended by No. 73/2006 s. 7.
Second Schedule
To the Registrar of Titles
I, of hereby apply to have a trust for purposes [if the trust is connected with a religious denomination add "connected with" naming the denomination] registered under Part II of the Religious and Successory Trusts Act 1958.
1. The nature of the trust appears from the following documents [set out a list of the documents].
2. The names of the present trustees are A.B. of C.D. of &c. Their due appointment appears from the following documents [set out a list of the documents].
3. The manner in which the trustees may be changed appears from the following documents [set out a list of the documents].
4. The trust property consists of the following particulars [set out a list of the trust property].
5. The authority by which the application is made is as follows [set out the authority by which the application is made].
6. This application is made with the consent of [set out the name of the registered head or representative of denomination describing him as such or of the Attorney-General describing him as such].
7. Every document matter and thing relating to or any of the matters aforesaid is mentioned in this application.
Section 11.
Third Schedule—The St. Paul's Melbourne Church of England Church Trust
Folium 13.
Number of Trustees—Three
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| Signature of Registrar authenti-cating cessation from office of Trustee |
1st January, 1916 | John Jones | 12 Collins-street east, Melbourne, ironmonger | R. Gibbs | |||
1st January, 1916 | Thomas Smith | St. Kilda-road, Melbourne, merchant | R. Gibbs | Deceased | 4th February, 1916 | R. Gibbs |
1st January, 1916 | William Green | Toorak-road, South Yarra, merchant | R. Gibbs | Retired | 3rd March, 1916 | R. Gibbs |
20th February, 1916 | James White | Swanston-street, Melbourne, grocer | R. Gibbs | |||
3rd March, 1916 | Thomas Thomas | 4 Elizabeth-street, Melbourne, saddler | R. Gibbs |
Section 18.
Sch. 4 amended by No. 73/2006 s. 7.
Fourth Schedule—Memorandum of change of name of denomination or trust
The name of the [denomination or trust] heretofore registered in the [Denominational Register or Register of Successory Trusts] under the name of has under the provisions of the Religious and Successory Trusts Act 1958 in compliance with an application in that behalf No. been changed to
Dated this day of
Registrar of Titles.
Section 30.
Sch. 5 amended by No. 73/2006 s. 7.
Fifth Schedule
The trustees of the trust registered under Part II of the Religious and Successory Trusts Act 1958 as [here set out the description of the trust so as to identify it with the proper trust in the Register of Successory Trusts]
No. [fill in the number of the folium on which such trust is registered]
[or A.B. of, & c. as the case may be] hereby acknowledge to have received all moneys intended to be secured by the within written deed.
Given under our hands [or my hand] this day of
[Signatures of persons entitled to receive the money, trustees.]
Section 40.
Sch. 6 amended by No. 73/2006 s. 7.
Sixth Schedule
TO THE REGISTRAR OF TITLES
I, the registered [head or representative as the case may be] of [name of denomination] hereby apply to have a trust for purposes for and connected with the said denomination registered under the Religious and Successory Trusts Act 1958.
The nature of the trust appears from the following documents [set out a list of the documents].
The trust property consists of the following particulars [set out a list of the trust property].
There is no trustee of the said trust and no person or body of persons qualified to appoint such trustee.
This application is made under section 40 of the Religious and Successory Trusts Act 1958 by me as registered [head or representative as the case may be] of the denomination. The number of my registration is folium of the Denominational Register (Religious and Successory Trusts Act 1958) in the office of Registrar of Titles.
The names of the persons nominated by me to be registered trustees of the trust are A.B. of C.D. of and E.F. of Their due nomination and consent to be appointed and acceptance of the trusts appear by the following documents [set out the documents of nomination and consent].
There is no document letter or thing relating to or affecting any of the matters aforesaid in my possession or under my control other than those included in the Schedule hereto.
Schedule referred to.
Dated this day of
Made and subscribed ⎫ at ⎬ in the presence of ⎭
Section 51.
Seventh Schedule—Scale of fees
In each case in addition to the costs of the advertisements (if any):
$ | |
On the application to register a trust, or to register an instrument or document under section fourteen |
|
On the application to the registrar for any order dispensing with any authority or consent |
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On the application to register new name of denomination or trust | 2.00 |
On the application to register the death or cessation from office of a trustee or any memorandum under section thirty-one |
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On the application to register the appointment of a new trustee | 0.50 |
On the application to be registered as head or representative of a denomination |
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On the withdrawal of an application to be registered as head or representative of a denomination |
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On the application by any person for the cancellation of the registry as head or representative of a denomination whether for the whole or any part of Victoria |
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On the application by the head or representative of a denomination nominating trustees |
|
On the application for a vesting order under section forty-two | 2.00 |
For the signature of the registrar to any certificate, copy, extract, or memorandum |
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For any copy or extract of a document, or from any register or book, as per folio of seventy-two words |
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For returning under section fifteen each document deposited | 0.25 |
For registering memorandum of substitution of deposited or enrolled statements of trusts under section nineteen |
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For registering the appointment of trustees under section thirty-nine and forty |
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For registration of a vesting order under section forty-two | 1.00 |
$ | |
For returning on withdrawal of application each document deposited |
|
For order for and inspection of documents permanently retained | 0.25 |
For every search | 0.10 |
For every caveat | 1.00 |
For withdrawal of caveat | 0.50 |
Section 54.
Sch. 8 amended by No. 73/2006 s. 7.
Eighth Schedule—Summons
In the matter of Part II of the Religious and Successory Trusts Act 1958.
A.B. [insert addition] is hereby summoned to appear before me at on the day of at of the clock in the [fore] noon then and there to be examined at the instance of C.D. [insert addition] concerning and the said A.B. is hereby required to bring with him and produce at the time and place aforesaid [describe document] and all other writings and documents in his custody or power in anywise relating to the premises.
Given under my hand the day of
Registrar of Titles.
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