Western Australia
Roman Catholic Church Property Act 1911
Reprint 2: The Acts as at 7 February 2003
Western Australia
Roman Catholic Church Property Act 1911
STATUS OF THIS DOCUMENT
This document is an electronic copy of Reprint No. 2 as at 7 February 2003.
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THE TEXT OF THE LEGISLATION FOLLOWS
Reprinted under the
Reprints Act 1984 as at
7 February 2003
Western Australia
Roman Catholic Church Property Act 1911
CONTENTS
1.
2.
3.
4.
10.
11.
12.
Short title
Interpretation
Certain property vested in Archbishop
Bishop to be corporation sole
Execution of documents
Land titles, registration and fees
Corporate name on land records
1
1
1
2
2
3
3
Notes
Compilation table
Reprint 2
4
page i
Reprinted under the
Reprints Act 1984 as at
7 February 2003
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.
1.
Short title
This Act may be cited as the Roman Catholic Church Property
Act 1911 1.
2.
Interpretation
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
Reprint 2
page 1
Roman Catholic Church Property Act 1911
s. 4
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 by No. 67 of 1972 s. 5.]
[5-9.
Repealed by No. 67 of 1972 s. 6.]
10.
Execution of documents
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 by No. 67 of 1972 s. 7.]
page 2
Reprint 2
Roman Catholic Church Property Act 1911
s. 11
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 in the Department
within the meaning of the Transfer of Land Act 1893, the Office
of the Registrar of Deeds or the Department of Lands and
Surveys 5, as the case may require, and on the document of title
of such land free of charge.
[Section 11 amended by No. 81 of 1996 s. 153(2).]
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 by No. 67 of 1972 s. 8; amended by No. 81
of 1996 s. 153(1).]
Reprint 2
page 3
Roman Catholic Church Property Act 1911
Notes
1
This reprint is a compilation as at 7 February 2003 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.
Compilation table
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
(includes amendments listed above)
Transfer of Land
81 of 1996
14 Nov 1996 14 Nov 1996 (see s. 2(1))
Amendment Act 1996
s. 153(1) and (2)
Reprint 2: the Roman Catholic Church Property Act 1911 as at 7 Feb 2003
(includes amendments listed above)
2
Now the Archdiocese of Perth. See Roman Catholic Church Property Acts
Amendment Act 1916 s. 2.
3
Now cited as the Roman Catholic Church Lands Ordinance 1858.
4
Now the Roman Catholic Archbishop of Perth. See s. 12 and the Roman
Catholic Church Property Acts Amendment Act 1916.
5
Under the Public Sector Management Act 1994 the names of departments may be
changed. At the time of this reprint the former Department of Lands and Surveys
is called the Department of Land Administration.
6
This 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:
page 4
Reprint 2
Roman Catholic Church Property Act 1911
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.
Reprint 2
page 5