Roman Catholic Church Property Act 1911
Roman Catholic Church Property Act 1911
Western Australia
Roman Catholic Church Property Act 1911
Contents
1.Short title1
2.Interpretation1
3.Certain property vested in Archbishop1
4.Bishop to be corporation sole2
10.Execution of documents2
11.Land titles, registration and fees2
12.Corporate name on land records3
Notes
Compilation table4
Defined terms
Western Australia
Roman Catholic Church Property Act 1911
An Act to vest in the Roman Catholic Bishop of the Diocese of Perth, and his successors in office, all property belonging to or held on account of the said Diocese, and to make further provision for disposing of such property, and for other purposes connected therewith.
This Act may be cited as the Roman Catholic Church Property Act 1911 1.
In this Act the word Property includes property of every kind whatsoever, both legal and equitable, real and personal, and choses in action.
3.Certain property vested in Archbishop
All property now or hereafter belonging to the Diocese of the Roman Catholic Church known as the Diocese of Perth 2, or vested in any person as trustee on account of the said Church in the said Diocese (including all lands mentioned in or affected by Act No. 4 of 1858 3, or the Roman Catholic Church Lands Act 1895, excepting such lands as have been lawfully alienated or as are vested in the Bishop of any other Diocese under the Roman Catholic Lands Amendment Act 1902), shall by virtue hereof (but subject to the last‑mentioned Act) vest absolutely in the Roman Catholic Bishop for the time being of the said Diocese 4 and his successors in office subject to all trusts and dispositions respectively affecting the same.
4.Bishop to be corporation sole
(1)For the purposes of this Act and of The Roman Catholic Church Lands Act 1895, the said Bishop for the time being shall be a corporation sole, by the name of “The Roman Catholic Archbishop of Perth”, with perpetual succession, and by and in that name may sue and be sued and shall have power to purchase, take, and hold property and (subject as hereinafter provided, and to the trusts and dispositions aforesaid) to sell, mortgage, lease, or dispose of any property hereby vested, and may in respect of any real or leasehold property hereby vested exercise all powers conferred on the Bishop for the time being administering the ecclesiastical affairs of the Roman Catholic Church of Western Australia, and his successors in office, by The Roman Catholic Church Lands Act 1895.
(2)The said Bishop shall have an official seal and all courts, judges and persons acting judicially shall take notice of that official seal affixed to a document and shall presume that it was duly affixed.
[Section 4 amended: No. 67 of 1972 s. 5.]
[5-9. Deleted: No. 67 of 1972 s. 6.]
All documents required to be executed by the said Bishop for the purpose of giving effect to any transaction or dealing with property shall be signed by the said Bishop and his official seal shall be affixed thereto.
[Section 10 inserted: No. 67 of 1972 s. 7.]
11.Land titles, registration and fees
The vesting of any land by this Act in “the Roman Catholic Bishop of Perth” shall be registered and noted under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856, as the case may require, and on the document of title of such land free of charge.
[Section 11 amended: No. 81 of 1996 s. 153(2); No. 60 of 2006 s. 154.]
12.Corporate name on land records
On the coming into operation of the Acts Amendment (Roman Catholic Church Lands) Act 1972 1, all land vested, by this Act or otherwise, in “The Roman Catholic Bishop of Perth” shall vest in “The Roman Catholic Archbishop of Perth” without the necessity of any change of name to that effect in the Register under the Transfer of Land Act 1893 or in the Book of Registry kept under the Registration of Deeds Act 1856, as the case may be.
[Section 12 inserted: No. 67 of 1972 s. 8; amended: No. 81 of 1996 s. 153(1).]
1This is a compilation of the Roman Catholic Church Property Act 1911 and includes the amendments made by the other written laws referred to in the following table 6. The table also contains information about any previous reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|
Roman Catholic Church Property Act 1911 |
36 of 1911 |
16 Feb 1911 |
16 Feb 1911 |
|
Roman Catholic Church Property Acts Amendment Act 1916 s. 6(1) and (2) |
4 of 1916 |
17 Nov 1916 |
17 Nov 1916 |
|
Acts Amendment (Roman Catholic Church Lands) Act 1972 Pt. II |
67 of 1972 |
16 Nov 1972 |
16 Nov 1972 |
|
Reprint of the Roman Catholic Church Property Act 1911 as at 28 Jul 1987 |
|||
|
Transfer of Land Amendment Act 1996 s. 153(1) and (2) |
81 of 1996 |
14 Nov 1996 |
14 Nov 1996 (see s. 2(1)) |
|
Reprint 2: the Roman Catholic Church Property Act 1911 as at 7 Feb 2003 |
|||
|
Land Information Authority Act 2006 s. 154 |
60 of 2006 |
16 Nov 2006 |
1 Jan 2007 (see s. 2(1) and Gazette 8 Dec 2006 p. 5369) |
2Now the Archdiocese of Perth. See Roman Catholic Church Property Acts Amendment Act 1916 s. 2.
3Now cited as the Roman Catholic Church Lands Ordinance 1858.
4Now the Roman Catholic Archbishop of Perth. See s. 12 and the Roman Catholic Church Property Acts Amendment Act 1916.
5Footnote no longer applicable.
6This Act is to be read as one with the following Act:
Roman Catholic Church Property Act Amendment Act 1912.
This Act is affected by the following Act:
Roman Catholic Church Property Acts Amendment Act 1916.
Other relevant written laws:
Roman Catholic Church Lands Ordinance 1858
The Roman Catholic Church Lands Act 1895
Roman Catholic Church Lands Amendment Act 1902
Roman Catholic Geraldton Church Property Act 1925
Roman Catholic New Norcia Church Property Act 1929
Roman Catholic Bunbury Church Property Act 1955
Roman Catholic Bishop of Broome Property Act 1957.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
Property2