WHEREAS by a trust deed dated the twelfth day of February One thousand nine hundred and twenty-four and deposited in the Office of the Registrar-General and numbered 15072 certain persons named in the said trust deed for themselves and the survivor or survivors of them and the heirs executors and administrators of such survivors and other the trustees or trustee for the time being of the said trust deed (in the said trust deed called "the trustees") admitted acknowledged and declared that they the trustees held certain land, being part of Crown portion 44 parish of Boroondara county of Bourke and being the land comprised in certificate of title entered in the Register Book of the Office of Titles volume 4714 folium 942703, and certain personal property and that they would hold all other real and personal estate whatever that might be acquired by or transferred or given to the trustees for the purposes of the trusts contained in the said trust deed and the income rents profits and produce thereof upon the trusts terms conditions stipulations and provisions in the said trust deed contained, including in particular a trust to provide and maintain premises for use as a club for so long as they the trustees should consider necessary for the use of Hawthorn returned sailors and soldiers:
AND WHEREAS the property now governed by the said trust deed consists of the hereinbefore recited land and the buildings and premises thereon and the fittings furnishings and equipment therein and certain money:
AND WHEREAS the trustees for the time being of the said trust deed and the council of the City of Hawthorn are desirous that for the better carrying out of the trusts contained in the said trust deed all the property governed by the said trust deed should be vested in the City of Hawthorn and that all the discretionary and other powers and functions and the duties and obligations of the trustees under the said trust deed should be transferred to and vested in and imposed upon the council of the said city:
BE IT THEREFORE ENACTED by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1. Short title and definition
(1) This Act may be cited as the Hawthorn Returned Sailors and Soldiers Trust Act 1940
(2) In this Act unless inconsistent with the context or subject-matter "trust" includes term condition stipulation and provision.
2. Vesting of land and other property in City of Hawthorn and provision for exercise of trusts by Council
Upon the commencement of this Act and without any further or other authority than this Act—
S. 2(a) amended by No. 18/1989 s. 13(Sch. 2 item 36(a) (i)(ii)).
(a) the land comprised in folio of the Register volume 4714 folium 942703 shall subject to the encumbrances (if any) specified in that folio be divested out of the trustees for the time being of the hereinbefore recited trust deed and vested in fee simple in the Mayor Councillors and Citizens of the City of Hawthorn subject to the trusts contained in the said trust deed
(b) all other property of whatever nature vested immediately before the commencement of this Act in the trustees for the time being of the hereinbefore recited trust deed for the purposes of the trusts therein contained shall be divested out of such trustees and vested subject to the said trusts in the Mayor Councillors and Citizens of the City of Hawthorn;
(c) all discretionary and other powers and functions and all duties and obligations of the trustees of the said trust deed shall be transferred to and vested in and imposed upon the council of the City of Hawthorn; and
(d) the trustees of the said trust deed immediately before the commencement of this Act shall be discharged from the trusts contained in the said trust deed.
3. Power to City of Hawthorn to hold property etc. and to Council to carry out trust etc.
Notwithstanding anything in the Local Government Acts the Mayor Councillors and Citizens of the City of Hawthorn are hereby empowered to hold subject to the said trusts the said land and the other property hereinbefore mentioned as well as all other property that may be acquired for the purposes of the said trusts
; and the council of the said city is hereby empowered to exercise all the discretionary and other powers and functions of the trustees under the said trust deed and to undertake the duties and obligations thereof.
4. Obligations of Registrar of Titles
S. 4 substituted by No. 18/1989 s. 13(Sch. 2 item 36(b)).
The Registrar of Titles must make any recordings in the Register that are necessary or expedient because of this Act, and the holder of any relevant certificate of title must if requested to do so deliver it to the Registrar of Titles.
5. Power to Council to expend sums from municipal fund on buildings etc.
amended by No. 18/1989 s. 13(Sch. 2 item 36(c)).
Notwithstanding anything in the Local Government Acts the council of the City of Hawthorn is hereby empowered to expend out of the municipal fund of the said city such sums from time to time as the council considers necessary for or towards rebuilding renovating repairing and maintaining the buildings and premises upon the land comprised in the folio of the Register volume 4714 folium 942703 and fitting furnishing and equipping the same and maintaining the fittings furnishings and equipment thereof for the purposes of the hereinbefore mentioned trusts.
6. Saving of existing rights etc.
Except as is expressly provided in this Act no right title or interest arising out of or in connexion with the said trusts and no action matter or thing relating thereto shall be affected or abated by this Act.
The Hawthorn Returned Sailors and Soldiers Trust Act 1940
was assented to on 18 November 1940 and came into operation on 18 November 1940.
Table of Amendments
This Versions incorporates amendments made to the Hawthorn Returned Sailors and Soldiers Trust Act 1940
by Acts and subordinate instruments.
Transfer of Land (Computer Register) Act 1989, No. 18/1989
3.2.92: Government Gazette 18.12.91 p. 3488
All of Act in operation
No entries at date of publication.