Version No. 001
Sisters of Mercy (Wodonga Land) Act 1987
Act No. 80/1987
Version as at 24 February 2003
table of provisions
SectionPage
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SectionPage
1.Purpose
2.Commencement
3.Definitions
4.Land at Wodonga
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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Version No. 001
Sisters of Mercy (Wodonga Land) Act 1987
Act No. 80/1987
Version as at 24 February 2003
1
Act No. 80/1987
Sisters of Mercy (Wodonga Land) Act 1987
The Parliament of Victoria enacts as follows:
WHEREAS—
(a) by an indenture of conveyance dated 24February 1921, a memorial of which is registered in the office of the Registrar-General number 981 book 493, the land mentioned in the indenture was conveyed to Mark Corcoran Mulqueeney, John Mulqueeney and Martin Joseph Kelly to have and to hold upon trust as joint tenants in fee simple for the use of the religious community residing at St.Joseph's Convent at Wodonga to be used by that religious community as a pasturage for cultivation as a garden and such similar purposes as may be by them required;
(b)the trustees are all deceased;
(c)the religious community residing at St.Joseph's Convent at Wodonga have at all times been members of the Religious Order known as the Sisters of Mercy;
(d)the personal representative of the last surviving trustee has by deed dated 12September 1986 appointed Sisters of Mercy Property Association of 230 Rosanna Road, Rosanna, sole trustee of the land;
(e)the land has not been used for the purpose of pasturage for cultivation as a garden and such similar purposes for many years and is not at present used or required for use for that purpose;
(f)part of the land was conveyed to the Board of Land and Works by conveyance dated 14July 1883;
(g)it is expedient that the land should be freed and discharged from the original trust in order to facilitate the proper and orderly development and use of the land as industrial land in accordance with the planned development of industrial land in Wodonga and for the land and any proceeds of the sale of the land to be held on trust for the benefit of all members of the Sisters of Mercy in Victoria and Tasmania.
The Parliament of Victoria therefore enacts as follows:
1.Purpose
s. 1
The purpose of this Act is to enable—
(a)certain land at Wodonga to be freed and discharged from certain charitable trusts and to be sold; and
(b)the proceeds of the sale to be held upon similar but more appropriate trusts, having regard to developments in Wodonga and changes in the needs of the Sisters of Mercy, for the more effective carrying on of their charitable works.
2.Commencement
This Act comes into operation on the day on which it receives the Royal Assent.
3.Definitions
s. 3
In this Act––
"Institute of Sisters of Mercy of Australia—Melbourne Congregation" means the Congregation of the Sisters of Mercy in Victoria and Tasmania;
"Property Association" means the Sisters of Mercy Property Association incorporated under the law of Victoria as a company limited by guarantee, being a company not incorporated for profit;
"the land" means the land mentioned in the indenture of conveyance dated 24 February 1921, a memorial of which is registered in the office of the Registrar-General number 981 book 493, excepting that part of that land conveyed to the Board of Land and Works by conveyance dated 14 July 1883 registered in the office of the Registrar-General number 507 book 310.
4.Land at Wodonga
(1)Notwithstanding anything in any conveyance, assurance or trust—
(a)the land is vested in the Property Association in fee simple free of any encumbrance to have and to hold upon trust for the charitable purposes of the Institute of Sisters of Mercy of Australia—Melbourne Congregation; and
(b)the Property Association may mortgage, sell, lease (whether on building lease or otherwise) or exchange the land or any part of the land, and may create easements over, or reserve roads on, the land or any part of it.
(2)The Property Association shall hold the proceeds arising from any mortgage, sale, lease or exchange or any other dealing with the land upon trust for the charitable purposes of the Institute of Sisters of Mercy or Australia—Melbourne Congregation.
(3)As soon as practicable after the commencement of this Act, the Registrar of Titles shall issue to the Property Association, in exchange for the muniments of title to the land, certificates of title (free of encumbrances) to such parts of Crown Allotments 2–7 inclusive in the Parish of Wodonga as were not conveyed to the Board of Land and Works by conveyance dated 14 July 1883 registered in the office of the Registrar-General number 507 book 310.
s. 4
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ENDNOTES
Endnotes
1.General Information
Minister's second reading speech—
Legislative Council: 16 September 1987
Legislative Assembly: 7 October 1987
The long title for the Bill for this Act was "A Bill to make provision with respect to the trusts upon which certain land at Wodonga is held for the benefit of the religious community residing at St. Joseph's Convent at Wodonga and with respect to the sale or other disposition of that land and forother purposes.".
The Sisters of Mercy (Wodonga Land) Act 1987 was assented to on 24November 1987 and came into operation on 24 November 1987: section2.
2.Table of Amendments
Endnotes
There are no amendments made to the Sisters of Mercy (Wodonga Land) Act 1987 by Acts and subordinate instruments.
3.Explanatory Details
Endnotes
No entries at date of publication.
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