Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Synod of the
Diocese of Perth may resolve that any mission or institution of the Anglican
Church of Australia Diocese of Perth (in this section called the Church )
shall be separately incorporated according to law in such manner and subject
to such conditions, restrictions, limitations and provisions as that Synod may
by resolution determine.
(2) On the date on
which a mission or institution becomes so separately
incorporated —
(a) all
the real and personal property that immediately before that date was
exclusively used in the work and activities of that mission or institution,
including all such real and personal property as was then held by The Perth
Diocesan Trustees upon trust for that mission or institution, and all
contractual rights and benefits then existing that relate to the mission or
institution are hereby vested in the mission or institution in its corporate
name, subject to all easements, encumbrances, rights, trusts and equities,
affecting it or them; and
(b) all
debts, liabilities and obligations of every class or kind existing at that
date that relate to the mission or institution, by force of this section and
without any transfer or assignment, shall be taken over by the mission or
institution as so incorporated, and the mission or institution shall indemnify
and at all times on and after that date keep indemnified The Perth Diocesan
Trustees and all persons who prior to that date were liable for or subject to
those debts, liabilities and obligations.
(3) Subject to all
easements, encumbrances, trusts and equities affecting the same, each mission
or institution incorporated as provided in this section, shall hold in its
corporate name —
(a) all
real and personal property, rights and benefits that are acquired by it after
it is so incorporated; and
(b) all
real and personal property given to The Perth Diocesan Trustees in trust for
the mission or institution after it is so incorporated.
(4) Notwithstanding
the operation and effect of the foregoing provisions of this section on any
mission or institution, any mission or institution incorporated as therein
provided, shall continue to be a mission or institution of the Church.
(5) Every transfer,
conveyance, assignment, application, deed and instrument that may be necessary
for the purpose of effectually vesting the real and personal property, rights
and benefits referred to in subsection (2) in the corporate name of a
mission or institution incorporated as provided in this section shall be free
from all —
(a) duty
imposed by the Duties Act 2008 ; and
(b) fees
that, but for this subsection, would be payable in respect thereof under the
Transfer of Land Act 1893 .
(6) Where an
institution is separately incorporated pursuant to this section or has been
incorporated according to law prior to the commencement of this section, if
the institution is a school or college all vacant land held by the institution
and all land so held that is used exclusively or mainly for the purposes of
the school or college is not rateable land under the provisions of the
Local Government Act 1995 , or the Metropolitan Water Supply, Sewerage
and Drainage Act 1909 , and is exempt from land tax imposed by the
Land Tax Act 2002 .
(7) Notwithstanding
anything contained in this section, all real and personal property held by or
in trust for or on behalf of or in connection with a mission or institution
separately incorporated pursuant to the provisions of this section shall be
held subject to the performance of any trusts relating thereto and subject to
the statutes, orders, directions and regulations of the Synod of the Church,
so far as they do not contravene or are not inconsistent with any Act or law
in force in the State.
[Section 5A inserted by No. 66 of 1969
s. 3; amended by No. 121 of 1976 s. 7; No. 14 of 1996
s. 4; No. 45 of 2002 s. 8; No. 12 of 2008 s. 52.]