Roman Catholic Church Trust Property Act 1936 (NSW)

Roman Catholic Church Trust Property Act 1936 No 24

An Act to make certain provisions relating to property held upon any trust for or for the use, benefit or purposes of the Roman Catholic Church in New South Wales; to repeal the Roman Catholic Diocese of Lismore Church Lands Act 1908 and the Saint Patrick's College (Manly) Act 1914; and for purposes connected therewith.

Preamble WHEREAS lands held on trust for or for the use or benefit or for purposes of the Roman Catholic Church in New South Wales are vested in many different bodies of trustees, and owing to deaths and other causes, the necessity for the appointment of new trustees frequently arises: AND WHEREAS it is expedient that bodies corporate be created for the purpose of holding, managing and dealing with lands so held, that provision be made for the vesting in bodies corporate to be created by this Act of lands so held, that conveyancing transactions in respect of lands so held be facilitated and rendered less expensive and also that other activities which are or may be for the benefit of the Roman Catholic Church may be conducted by those bodies corporate— Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same as follows—

1 Name of Act and commencement (1) This Act may be cited as the Roman Catholic Church Trust Property Act 1936. (2) This Act shall commence upon the first day of August, one thousand nine hundred and thirty-six.

2 Definitions In this Act, unless the context or subject-matter otherwise indicates or requires— Bishop means the person for the time being administering a diocese, whether as Archbishop or Bishop, Coadjutor Archbishop or Coadjutor Bishop, Vicar Capitular or Administrator. Church means the Roman Catholic Church. Church trust property means land situated in New South Wales, for the time being subject to any trust created before or after the commencement of this Act, for the Church or for the use or benefit or for any purpose of the Church, including the land the subject of the provisions of Saint Patrick's College (Manly) Act 1914, but does not include land held on any trust, created before or after the commencement of this Act, for any Order or Community of the Church or for any association of members of the Church for the use or benefit of or for any purpose of any such Order, Community or association. Diocesan Consultors means— (a) the Diocesan Consultors for the time being of a diocese, (b) in relation to a diocese in which a Cathedral Chapter exists, the members for the time being of that Cathedral Chapter, or (c) in relation to a diocese in which a College of Consultors exists, the members for the time being of that College of Consultors. Diocese means a diocese (including an Archdiocese) for the time being of the Church, situated in New South Wales, and whether created before or after the commencement of this Act. Land includes tenements and hereditaments, corporeal and incorporeal, and every estate and interest therein whether vested or contingent, freehold or leasehold, and whether at law or in equity.