Tasmania: Churches of Christ, Scientist, Incorporation Act 1980 (Tas)

Churches of Christ, Scientist, Incorporation Act 1980 An Act for the purpose of incorporating First Church of Christ, Scientist, Hobart and other Churches of Christ, Scientist in the State, and related matters [Royal Assent 21 May 1980] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1. Short title This Act may be cited as the Churches of Christ, Scientist, Incorporation Act 1980 . 2. Interpretation In this Act, except in so far as the context or subject-matter otherwise indicates or requires – Executive Board means the Executive Board appointed pursuant to the by-laws of First Church; First Church means First Church of Christ, Scientist, Hobart; Manual means the Church Manual of The First Church of Christ, Scientist, in Boston, Massachusetts in the United States of America; property includes – (a) real and personal property and any estate or interest in that property; and (b) the right to receive income; The Mother Church means The First Church of Christ, Scientist, in Boston, Massachusetts in the United States of America. 3. First Church of Christ, Scientist to be incorporated (1) All persons who – (a) are members of First Church of Christ, Scientist, Hobart; (b) accept and hold the principles, faith, and doctrines known as Christian Science; (c) adhere to the Tenets specified in Schedule 1 ; (d) acknowledge and adopt the principles of church organization, discipline, teaching, worship, service, procedure, and practice laid down in the Manual; and (e) constitute the body or association called First Church of Christ, Scientist, Hobart – are constituted as a body corporate by the name of First Church of Christ, Scientist, Hobart. (2) First Church – (a) has perpetual succession; (b) shall have a common seal; (c) may take proceedings, and be proceeded against, in its corporate name; (d) may do, and be subject to, all other things that corporations may, by law, do and be subject to; and (e) has the powers conferred on it by or under this or any other Act. 4. Administration and powers of First Church vested in Executive Board The administration of the affairs and the exercise of the powers of First Church are vested in the Executive Board subject to any by-laws or resolution of that Church or any resolution of the members of that Church carried at a meeting of those members convened in accordance with section 12 . 5. Common seal of First Church (1) The Executive Board has the custody and use of the common seal of First Church and a majority of the members of that Board present at any meeting duly convened has power to use or direct the use of that seal for all purposes for which the use of that seal is required. (2) The common seal of First Church shall only be affixed – (a) by virtue of a resolution of the majority of the Executive Board; and (b) in the presence of 2 members of the Executive Board and – (i) the chairman of that Board; or (ii) the clerk of First Church appointed and holding office pursuant to the by-laws of First Church – and the 2 members and the chairman or clerk shall sign their names to the document to which the seal has been affixed. (3) Every court and every person acting judicially shall take judicial notice of the common seal of First Church affixed to a document and, unless the contrary is established, shall presume that it was duly affixed. 6. Powers of First Church (1) Subject to subsection (2) , First Church has power – (a) to take, purchase, receive, hold, and enjoy property; (b) to sell, grant, transfer, convey, exchange, or demise (whether by way of building lease or otherwise) property vested in it; (c) to take or release easements over land; (d) to otherwise dispose of, either absolutely or by way of mortgage, charge, lien, or other encumbrance, property vested in it; and (e) to do anything incidental to any of the powers specified in paragraphs (a) to (d) . (2) Where any property referred to in subsection (1) is subject to a trust, the provisions of that trust shall be carried out by First Church in accordance with the trust deed or other instrument creating that trust. 7. Property of First Church to be vested in body corporate (1) The real property specified in Schedule 2 , and all other real and personal property, which, immediately before the commencement of this Act, is held in trust for First Church or for its Executive Board or for any committee of First Church, whether for any special purposes or generally for First Church, the Executive Board or committee, shall, on that commencement vest in First Church without the necessity for any conveyance, transfer, or other assurance but that vesting shall not affect any trust, encumbrance, charge, lien, easement, estate, or interest to which that property was subject immediately before that commencement. (2) Where any property vested in First Church under this section consists of property held under the provisions of the Real Property Act 1862 , the Recorder of Titles upon application and payment of the necessary fees shall give effect to that vesting by registering First Church as proprietor of that property. 8. Incorporation of churches to be formed Where, after the commencement of this Act, a group of persons not less than 16 in number, including at least 4 who – (a) are members of The Mother Church; and (b) meet all the requirements of paragraphs (b) to (d) of section 3 (1) – form themselves into a body or association to be known as a Church of Christ, Scientist, that body or association may, subject to the conditions specified in section 9 , become a corporate body under this Act with the same powers, authorities, and privileges and subject to the same duties and liabilities, with such modifications as are necessary, as those specified in this Act in respect of First Church. 9. Conditions of incorporation The conditions referred to in section 8 are as follows: (a) the body or association referred to in section 8 shall have been in existence for at least 6 months prior to the date of the resolution mentioned in paragraph (c) ; (b) the bona fides of the body or association shall be certified in writing under the seal of The Mother Church; (c) a resolution that it is expedient that the body or association should be incorporated under this Act shall be carried by a vote of two-thirds of the members of the body or association present and voting at a special meeting convened as provided in section 12 ; (d) the Executive Board shall file in the office of the Recorder of Titles in this State – (i) the certificate referred to in paragraph (b) ; (ii) a copy of the resolution together with a certificate under the hand of the chairman of the meeting at which it was carried stating that the meeting was duly convened and that the resolution was carried by a vote of at least two-thirds of those present and voting at the meeting; (iii) a copy of the rules of the body or association; and (iv) a statement certified by the clerk and the treasurer of the body or association specifying the real and personal property belonging to or held in trust for the body or association or a committee of the body or association and giving the names of the trustee or trustees holding the property and stating the objects and purposes of each trust or trusts. 10. Vesting of property in churches formed after the commencement of this Act On the filing of the documents referred to in section 9 – (a) the body or association referred to in section 8 becomes a body corporate; and (b) the real and personal property belonging to or held in trust for the body or association on whose behalf the documents were filed shall vest in the body corporate without the necessity for any conveyance, transfer, or other assurance but that vesting shall not affect any trust, encumbrance, charge, lien, easement, estate, or interest to which that property was subject immediately before that vesting. 11. By-laws, rules, of First Church (1) First Church may, by resolution, make by-laws and rules relating to First Church to provide for the following: (a) the admission to, expulsion from, or re-admission to membership of First Church; (b) the conduct of the officers of First Church and the election and duties of officers; (c) the appointment, rotation, and duties of readers, librarians, and Sunday School superintendents; (d) the keeping of accounts and records; (e) the appointment of auditors; (f) the convening and conduct of meetings; (g) the custody, care, and maintenance of the property of First Church; (h) the execution and authentication of documents; (i) the authorization of expenditure; (j) the rescission or amendment of by-laws and rules; (k) the remuneration of officers and employees. (2) A resolution referred to in subsection (1) shall be carried at a meeting of the members of First Church convened in accordance with section 12 . (3) Subsections (3) to (10) of section 47 of the Acts Interpretation Act 1931 do not apply to any by-law or rule made under this Act. 12. Meetings (1) A meeting required by this Act for the purpose of passing a resolution for the incorporation of a body or association or for making a by-law or rule or for the amendment or rescission of a by-law or rule shall be convened by notice in writing which shall be delivered to each member of that body at least 14 days before the date fixed in that notice for that meeting. (2) The notice referred to in subsection (1) shall set out the terms of the proposed resolution. (3) The resolution is passed if it is agreed to by a vote of two-thirds of the members present and voting at the meeting. 13. Transitional and savings provisions (1) Any proceedings taken by or against the unincorporated body First Church before the commencement of this Act may, after that commencement, be continued by or against that body incorporated under this Act as if the unincorporated body First Church were the body incorporated under this Act. (2) All rights, obligations, and liabilities of the unincorporated body First Church that were subsisting immediately before the commencement of this Act are, on that commencement, transferred to and vest in that body incorporated under this Act. SCHEDULE 1 Section 3 SCHEDULE 2 Section 7 All that land described in Certificate Of Title, Volume 3116, Folio 26.