Uniting Church in Australia Act 1976 (WA)

Western Australia Uniting Church in Australia Act 1976 Reprinted under the Reprints Act 1984 as at 14 November 2014 Western Australia Uniting Church in Australia Act 1976 Contents Part I — Preliminary 1. Short title 2 2. Commencement 2 5. Terms used 2 Part II — Inauguration of the Church 6. Authority to unite 4 7. Name of Church 4 8. Inaugurating Assembly 4 9. Adoption of Constitution 4 10. Amendment of Constitution 4 11. Further unions etc. 4 Part III — Constitution of the Trust 12. Uniting Church in Australia Property Trust (W.A.) established 5 13. Powers and duties of Trust 6 14. Quorum 6 15. Vacation of office 6 16. Casual vacancies 7 17. Common seal 7 18. Form and execution of certain contracts etc. 8 19. Execution under seal by agent etc. 8 Part IV — Trust property 20. Vesting of certain property in Trust 9 21. Construction of certain instruments 11 22. Validity of titles to land vested in Trust 12 23. Evidence as to Trust's property 12 24. Certain rights enforceable by Trust 13 24A. Power to sell, lease or mortgage lands granted by Crown upon trust 13 Part V — Variation of trusts 25. Variation of trusts 15 26. Facilitation of performance of Trust 15 27. Effect of Synod resolution 16 Part VI — Incorporation of Church instrumentalities 28. Synod may incorporate Church instrumentality 17 29. Existing incorporation terminated 17 30. Purposes of incorporation 18 31. Evidence of incorporation 18 32. Vesting of property in incorporated body 18 33. Constitution of incorporated body 19 34. Certain bodies incorporated under this Act 19 35. Termination of incorporation 20 36. Effect of termination 21 Part VII — General 37. Trust's powers as to exchange etc. of property 22 38. Trust's receipts, effect of 22 39. Presumptions by people dealing with Trust 22 40. Service of documents on Trust 23 41. Trust may act as executor etc. 23 42. Trust may hold property jointly 24 43. Co‑operative use of property 24 44. Application of s. 43 26 45. Trust members etc. entitled to indemnity 26 46. Blending of Trust funds 26 47. Investment powers 27 48. Exemption from duty etc. 27 Schedule — Basis of Union Notes Compilation table 38 Defined terms Reprinted under the Reprints Act 1984 as at 14 November 2014 Western Australia Uniting Church in Australia Act 1976 An Act to make provision for the inauguration of the Uniting Church in Australia in accordance with the Basis of Union and to constitute the Uniting Church in Australia Property Trust (W.A.) and for other and incidental purposes. Part I — Preliminary 1. Short title This Act may be cited as the Uniting Church in Australia Act 1976 1. 2. Commencement This Act shall come into operation on a day to be appointed by proclamation 1. [3‑4. Deleted: No. 42 of 1991 s. 4.] 5. Terms used In this Act except in so far as the context or subject matter otherwise indicates or requires — appointed day means the day appointed pursuant to section 2; Assembly means the Assembly of the Uniting Church in Australia as referred to in the Basis of Union; Basis of Union means the Basis of Union set forth in the Schedule; Church means the Uniting Church in Australia; Church instrumentality means any school, college, hospital or other religious, charitable, philanthropic, educational, social, commercial or professional institution, organisation, enterprise, undertaking or other activity conducted or controlled by the Church and includes any fund, trust or foundation created and controlled or administered by the Church; Congregational Church means the Congregational Union of Australia, the Congregational Unions in each of the States of the Commonwealth and the individual Congregational churches which have resolved to enter into union with the Methodist and Presbyterian Churches, and any department, society, auxiliary, activity, fund, service, institution or interest of any such individual churches or Unions; Methodist Church means the Methodist Church of Australasia and includes any congregation, circuit, department, society, auxiliary, activity, fund, service, institution or interest thereof save and except the conferences of Fiji, Samoa and Tonga; Presbyterian Church means the Presbyterian Church of Australia comprising the Presbyterian Church of Australia in the State of New South Wales, the Presbyterian Church of Victoria, the Presbyterian Church of Queensland, the Presbyterian Church of South Australia, the Presbyterian Church of Tasmania and the Presbyterian Church in Western Australia subject to the Presbyterian Church of Australia Act 1970; property includes real and personal property and any estate or interest therein; Synod means the Synod of the Church within Western Australia; Trust means Uniting Church in Australia Property Trust (W.A.) constituted by this Act; Trust property means property vested in or acquired by the Trust by or pursuant to this Act; Uniting Churches means the Congregational Church, the Methodist Church and the Presbyterian Church save and except those congregations of the Presbyterian Church continuing to function after the appointed day under the Scheme of Union of 24 July 1901, as amended, within the meaning of Part III of the Schedule to the Presbyterian Church of Australia Act 1970. Part II — Inauguration of the Church 6. Authority to unite The Uniting Churches are hereby empowered to unite in accordance with the Basis of Union, such union to take effect from the appointed day. 7. Name of Church The Church formed by such union shall be denominated the Uniting Church in Australia. 8. Inaugurating Assembly The first Assembly of the Church, called the Inaugurating Assembly, convened by the Uniting Churches shall be deemed to have been validly convened. 9. Adoption of Constitution The Inaugurating Assembly is empowered to adopt a constitution for the Church consistent with the Basis of Union. 10. Amendment of Constitution The Assembly may amend, alter, repeal or replace the Constitution adopted by the Inaugurating Assembly from time to time in accordance with the provisions made by the Constitution in that regard. 11. Further unions etc. Notwithstanding anything in this Act or in the Basis of Union it shall be lawful for the Assembly from time to time to resolve that the Church enter into union with other branches of the Christian Church and to determine, declare or interpret matters of doctrine, worship, government and discipline in the Uniting Church. Part III — Constitution of the Trust 12. Uniting Church in Australia Property Trust (W.A.) established (1) There is hereby constituted a corporation under the name of "Uniting Church in Australia Property Trust (W.A.)" which shall, subject to this Act, consist of — (a) the Moderator for the time being of the Synod; (b) the Property Officer for the time being of the Synod; (c) 6 other persons, who shall be members of the Church, appointed by the Synod. (2) Subject to this Act, the persons appointed by the Inaugurating Assembly of the Church and whose names and duration of appointment shall be published in the Gazette — (a) shall be deemed to have been duly appointed pursuant to subsection (1)(c) as members of the Trust holding office until the end of the annual Synod specified in the appointment so that 3 members retire at the end of the annual Synod next succeeding the appointed day and the remaining 3 members retire at the end of the next following annual Synod; and (b) shall be eligible for re‑appointment as members of the Trust. (3) Subject to this Act, the members of the Trust appointed pursuant to subsection (1)(c) by a Synod after the appointed day — (a) shall take office as members of the Trust immediately after the end of that Synod; and (b) shall hold office as members of the Trust for a term of 2 years expiring at the end of the annual Synod; and (c) shall be eligible for re-appointment as members of the Trust. (4) A member of the Trust shall be appointed by the Synod as Chairman of the Trust and until so appointed the Moderator shall act as Chairman of the Trust. 13. Powers and duties of Trust (1) The Trust shall have perpetual succession and a common seal and may enter into contracts, sue and be sued in its corporate name and may take and hold any real or personal property. (2) Subject to this Act, the Trust shall hold Trust property in trust for the Church and upon any other trust affecting the property. (3) Subject to subsection (2), the Trust shall hold, manage, administer and otherwise deal with Trust property in accordance with the regulations, directions and resolutions of the Assembly and with the by‑laws of the Synod in so far as such by‑laws are not inconsistent with the regulations, directions and resolutions of the Assembly. 14. Quorum Three members of the Trust shall constitute a quorum for the purpose of any meeting of the Trust and the decision of a majority of the members present and voting at any meeting of the Trust shall be the decision of the Trust. 15. Vacation of office A member of the Trust appointed pursuant to section 12(1)(c) shall be deemed to have vacated his office, thereby giving rise to a casual vacancy, if he — (a) dies; or (b) resigns his office by notice in writing to the Trust; or (c) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (d) becomes a person in respect of whom an administration order is in force under Part 6 of the Guardianship and Administration Act 1990; or (e) ceases to be a member of the Church; or (f) is removed by resolution of the Synod or its Standing Committee. [Section 15 amended: No. 24 of 1990 s. 123; No. 18 of 2009 s. 85.] 16. Casual vacancies (1) Where there is a casual vacancy in the membership of the Trust, the members of the Trust may appoint a person who is a member of the Church to fill that vacancy until the end of the next succeeding Synod, and the Synod may appoint a person who is a member of the Church to fill such vacancy for the remainder of the term (if any) of the person whose place as aforesaid has been vacated. (2) Where by reason of the occurrence of casual vacancies the number of members of the Trust is reduced to less than 5, those members shall, pursuant to the power contained in subsection (1), fill a sufficient number of those vacancies to increase to 5 the number of members of the Trust. 17. Common seal (1) The members for the time being of the Trust shall have the custody of its common seal and, subject to this section, the form of the common seal and all other matters relating thereto shall be determined by the Trust. (2) The common seal of the Trust shall not be affixed to any instrument except in pursuance of a resolution passed at a duly convened meeting of the Trust and every instrument to which the common seal is so affixed shall be signed by not less than 2 members of the Trust. (3) An instrument purporting to have been sealed with the common seal of the Trust and purporting to have been signed by not less than 2 members of the Trust shall be deemed to have been executed in accordance with subsection (2). 18. Form and execution of certain contracts etc. (1) Any deed, instrument, contract or agreement relating to any property or matter which if made or executed by an individual would be by law required to be in writing under seal may be made on behalf of the Trust in writing under the common seal of the Trust. (2) Any instrument, contract or agreement relating to any property or matter which if made by or between individuals would be required to be in writing signed by the parties to be charged therewith may be made on behalf of the Trust in writing by any person acting under its authority express or implied. (3) Any contract relating to any property or matter which if made between individuals would by law be valid although made by parol only (and not reduced to writing) may be made on behalf of the Trust by any person acting under its authority express or implied. (4) Any contract which is entered into or any instrument, contract or agreement which is signed in relation to any Trust property shall be deemed to have been entered into or signed with the express authority of the Trust if it is entered into or signed in accordance with the resolutions of the Synod for the time being in force pursuant to this Act. 19. Execution under seal by agent etc. The Trust may, by writing under its common seal, expressly empower any person, in respect of any specified matter, as its agent or attorney to execute any deed, instrument, contract or agreement on its behalf, and any deed signed by such an agent or attorney on behalf of the Trust and under his seal shall bind the Trust and have the same effect as if it were under its common seal. Part IV — Trust property [Heading amended: No. 42 of 1991 s. 5.] 20. Vesting of certain property in Trust (1) Subject to this Act, all property that, immediately before the appointed day, was vested the Methodist Church (W.A.) Property Trust or otherwise in trust for the Methodist Church is hereby divested from that person and is to the extent that it was so vested hereby vested without conveyance in the Trust and shall be held by the Trust in accordance with the provisions of this Act. (2) Subject to this Act, all property that, immediately before the appointed day, was vested in the Union of Congregational Churches in Western Australia or otherwise in trust for the Congregational Church is hereby divested from that person and is to the extent that it was so vested hereby vested without conveyance in the Trust and shall be held by the Trust in accordance with the provisions of this Act. (3A) Subject to this Act and to all rights created or conferred by or pursuant to the provisions of the Presbyterian Church of Australia Act 1970 and, without restricting the generality of the foregoing, to section 4 of the said Act and clause 18 of the Schedule to the said Act, any property that immediately before the appointed day was vested in any person subject to the Presbyterian Church of Australia Act 1901, and the Presbyterian Church Act 1908, as amended, or otherwise in trust for the Presbyterian Church or any congregation, board or committee of management, session, presbytery, committee, council, board or other institution, organisation or section thereof is hereby divested from that person and is to the extent that it was so vested hereby vested without conveyance in the Trust and shall be held by the Trust in accordance with the provisions of this Act. (3B) Notwithstanding anything contained in this Act, subsection (3A) shall commence on the day specified in that behalf by the Governor and notified by proclamation published in the Gazette 2. (4) Subject to the provisions of this Act, all property which pursuant to this section becomes vested in the Trust is freed and discharged from all of the provisions and trusts of the Congregational Church Lands Act 1855 3 comprising Ordinance 18 Victoriae No. 16 3 and the Congregational Church (Lands) Amendment Act 1942 3, the Methodist Church Property Trust Act 1912 3, the Methodist Church (W.A.) Property Trust Incorporation Act 1969 3 and the Presbyterian Church of Australia Act 1901, the Presbyterian Church Act 1908 as amended by Act No. 50 of 1919, Act No. 6 of 1924 and Act No. 19 of 1964 and the Presbyterian Church of Australia Act 1970, as amended by Act No. 2 of 1972, respectively. (5) Except in relation to the trusts declared by the Congregational Church Lands Act 1855 3, the Methodist Church Property Trust Act 1912 3, the Methodist Church (W.A.) Property Trust Incorporation Act 1969 3, the Presbyterian Church of Australia Act 1901, the Presbyterian Church Act 1908 as amended and the Presbyterian Church of Australia Act 1970 the vesting effected by this section shall be without prejudice to — (a) any special trust; or (b) any resulting trust; or (c) any trust in favour of a donor; or (d) any trust in favour of a person other than the Uniting Churches or any one or more of them; or (e) any reservation, mortgage, charge, encumbrance, lien or lease, that immediately before the appointed day affected the property vested. (6) No attornment to the Trust by any lessee of land vested in it by this section shall be necessary. (7) In this section special trust shall mean any trust other than a trust for the general purposes of the Methodist, Congregational or Presbyterian Churches, or of any congregation, mission or institution thereof. [Section 20 amended: No. 19 of 2010 s. 51.] 21. Construction of certain instruments (1) To the extent to which, by a deed, will or other instrument that takes effect on or after the appointed day, any property — (a) is devised, bequeathed, given, granted, released, conveyed or appointed to the Church or to a person (not being the Trust) for, or for the benefit of, or in trust for, the Church or the religious, social, educational or charitable work of the Church, or is declared or directed to be held by any person (not being the Trust) for, or for the benefit of, or in trust for, the Church or the religious, social, educational or charitable work of the Church; or (b) is recoverable by the Church or by any person (not being the Trust) for the Church; or (c) is payable to, or receivable by, the Church or any person (not being the Trust) on behalf of the Church or for the religious, social, educational or charitable work of the Church, the deed, will or other instrument shall be construed and take effect as if the reference therein to the Church or, as the case may be, to that person, were a reference to the Trust. (2) Any deed, instrument, document, gift, will or other provision in favour of or relating to the Methodist Church coming into effect on or after the appointed day shall be read and construed as though any reference therein to the Methodist Church was a reference to the Church unless the context otherwise requires. (3) Any deed, instrument, document, gift, will or other provision in favour of or relating to the Congregational Church coming into effect on or after the appointed day shall be read and construed as though any reference therein to the Congregational Church was a reference to the Church unless the context otherwise requires. 22. Validity of titles to land vested in Trust No title to any land vested in the Trust by this Act shall be held bad either at law or in equity by reason of any breach or non‑performance before or after the appointed day of any condition, trust or proviso contained in the grant by the Crown of the land and every provision for forfeiture or reverter in respect of any such breach or non-performance shall be deemed to have been released by the Crown as from the date of Crown Grant. 23. Evidence as to Trust's property (1) Subject to subsection (2), a certificate under the common seal of the Trust to the effect that property therein specified is held by it upon trust for the Church shall, in all circumstances and all proceedings whether civil or criminal be prima facie evidence that the property so specified is so held. (2) Subsection (1) shall not apply in relation to any dispute concerning property between the Church and the Presbyterian Church continuing to function after the appointed day pursuant to clause 18 of the Schedule to the Presbyterian Church of Australia Act 1970. (3) A certificate under the common seal of the Trust to the effect that the estate or interest of persons therein specified in land so specified is an estate or interest vested in the Trust by this Act shall, for the purposes of any application by the Trust to be registered under the Transfer of Land Act 1893 or the Property Law Act 1969, as the proprietor of that estate or interest pursuant to that vesting, be conclusive evidence of the matters so certified. [Section 23 amended: No. 31 of 1997 s. 134(1).] 24. Certain rights enforceable by Trust Where any property is vested in the Trust pursuant to this Act the Trust shall, in relation to that property, have and be subject to all the rights, powers, remedies, liabilities and obligations and may exercise and discharge, in relation to that property, all or any of the rights, powers and remedies which the person in whom the property was theretofore vested or by whom it was theretofore held, would have had and been subject to and might have exercised and discharged in relation to that property if the property had not been divested from him and vested in the Trust. 24A. Power to sell, lease or mortgage lands granted by Crown upon trust (1) Subject to subsection (2), the Trust may in respect of any land granted by the Crown and held by the Trust in trust for the Church — (a) sell and transfer or otherwise assure any of that land to a purchaser, freed and discharged from any trusts to which the land is subject; (b) mortgage, or otherwise encumber, any of that land and for the purposes of that mortgage or encumbrance transfer any of that land, freed and discharged from any trusts to which the land is subject; (c) notwithstanding any trusts to which the land is subject, lease any of that land for any term, with or without right of renewal, subject to any covenants, conditions and agreements as the Trust thinks fit. (2) In respect of any land granted by the Crown without pecuniary consideration — (a) a transfer or other assurance on sale; or (b) a mortgage or other encumbrance; or (c) a lease for a term exceeding 21 years, under subsection (1) shall not be valid unless approved, and countersigned, by the Governor. [Section 24A inserted: No. 42 of 1991 s. 6.] Part V — Variation of trusts 25. Variation of trusts Where by virtue of this Act or otherwise Trust property is vested in the Trust upon trust for or to be applied in or for some particular purpose of the Church and the Synod in its absolute discretion resolves that — (a) it is impossible, impracticable or inexpedient to carry out the purpose; or (b) the amount available is inadequate to carry out the purpose; or (c) the purpose has already been effected; or (d) the purpose is illegal or useless or uncertain; or (e) the Trust property or any income that has accrued or will accrue therefrom is more than is necessary for the purpose; then, notwithstanding any rule of law or equity to the contrary, the Synod may, upon the application of the Trust whether on behalf of the Trust or on behalf of a Church instrumentality made in such manner as the Synod shall from time to time prescribe, resolve that the whole or any part of the Trust property or of the income therefrom or of the proceeds of the sale thereof (as the case may be) be applied to some other purpose of the Church or to a combination of several of such purposes in such manner as it may direct. 26. Facilitation of performance of Trust Where by virtue of this Act or otherwise Trust property is vested in the Trust upon trust for or to be applied in or for any of the purposes of the Church or of a Church instrumentality and the administration of the Trust property or the carrying out of the trust can be facilitated by extending or varying the powers of the Trust as the trustee thereof or by prescribing or varying the mode of administering the trust, the Synod may, upon the application of the Trust whether on behalf of the Trust or on behalf of a Church instrumentality made in such manner as the Synod shall from time to time prescribe, resolve that the powers of the Trust as such trustee be extended or varied or the mode of administering the trust be prescribed or varied, in such manner as it shall direct. 27. Effect of Synod resolution (1) Where the Synod resolves as provided in section 25 the property to which the resolution refers shall thereupon be subject to the trusts mentioned in the resolution freed and discharged from the trusts to which it was subject prior to the passing of the resolution. (2) Where the Synod resolves as provided in section 26 the Trust shall, in relation to the property referred to in the resolution, have the powers and authorities and may administer that property in the manner provided for in the resolution. Part VI — Incorporation of Church instrumentalities 28. Synod may incorporate Church instrumentality The Synod may, if it thinks fit, upon the application of a Church instrumentality made in such manner as the Synod may from time to time prescribe, resolve that the instrumentality be separately incorporated as a body corporate under and by virtue of this Act in such manner and upon and subject to such conditions, restrictions, limitations and other provisions as the Synod may determine. 29. Existing incorporation terminated (1) Subject to subsection (2), a Church instrumentality which on the appointed day is incorporated under the Associations Incorporation Act 1895 4, or the Methodist Church (W.A.) Property Trust Incorporation Act 1969 3, or the Presbyterian Church Act 1908 as amended, shall as from that day cease to be so incorporated. (2) In the case of an incorporated body which before the day referred to in section 20(3B) is an institution of the Presbyterian Church in Western Australia, the provisions of subsection (1) of this section shall have no operation if before that day the Commission appointed in accordance with clause 18 of the Schedule to the Presbyterian Church of Australia Act 1970 determines that such institution is to vest in or be retained by the Presbyterian Church continuing to function after the appointed day pursuant to clause 18 of the said Schedule. (3) As soon as practicable after the appointed day, or the day referred to in section 20(3B), as the case may be, the Moderator for the time being of the Synod shall cause notice to be given to the Commissioner for Corporate Affairs of the names of all incorporated associations which by operation of this section have ceased to be incorporated under the Associations Incorporation Act 1895 4. [Section 29 amended: No. 19 of 2010 s. 51.] 30. Purposes of incorporation Upon the Synod resolving that a Church instrumentality be incorporated under this Act, such instrumentality shall be deemed to be incorporated for the following purposes, subject always to any conditions, restrictions, limitations or provisions determined by the Synod under section 28 — (a) of using as its designation (but not necessarily as part of its name) the words "a body corporate incorporated under the provisions of the Uniting Church in Australia Act 1976"; (b) of having and using a common seal on which shall be inscribed the name of the Church instrumentality; (c) of suing and being sued in its own name in respect of any claim by or upon it by any person whomsoever whether interested in it or not; (d) of holding, purchasing or in any other manner acquiring any property and of selling, mortgaging, disposing of or otherwise dealing with the same. 31. Evidence of incorporation A certificate under the hand of the Moderator for the time being of the Synod that a Church instrumentality is a body corporate by reason of its being duly incorporated under and by virtue of this Act shall be sufficient evidence of such fact for all purposes. 32. Vesting of property in incorporated body (1) Upon the Synod resolving that a Church instrumentality shall be incorporated under and by virtue of this Act, all property which by virtue of this Act is, or would have become hereafter, but for the provisions of this section, vested in the Trust (not being property held by the Trust as Trustee under a will or deed) and which is used, occupied or controlled by such Church instrumentality shall be vested without conveyance in the Church instrumentality in its corporate name, and the Church instrumentality shall thereafter have all the rights, powers and authorities and undertake all the liabilities and obligations which, but for the provisions of this section the Trust would have had or been obliged to undertake. (2) A certificate under the common seal of a Church instrumentality to the effect that the estate or interest of persons therein specified is an estate or interest vested in the instrumentality by this Act shall for the purposes of any application by the instrumentality to be registered under the Transfer of Land Act 1893 or the Property Law Act 1969, as the proprietor of an estate or interest pursuant to that vesting, be conclusive evidence of the matters as certified. [Section 32 amended: No. 31 of 1997 s. 134(2).] 33. Constitution of incorporated body A Church instrumentality incorporated under and by virtue of this Act shall operate according to a constitution granted and approved by the Synod in the same manner as it may make by‑laws, and any amendment, alteration, variation, deletion or addition to the said constitution shall be made and approved by the Synod in the manner prescribed in the said constitution, provided always that a Church instrumentality which is a University College within the meaning of the University Colleges Act 1926, shall be constituted in accordance with the provisions of that Act and the Trust created under section 5 of that Act. 34. Certain bodies incorporated under this Act (1) As from the appointed day, the following Church instrumentalities shall be deemed to be incorporated under and by virtue of this Act — (a) Kingswood College; (b) Methodist Ladies' College; (c) Penrhos College; (d) St. Columba College; (e) Wesley College; (f) Good Samaritan Industries. (2) As from the day referred to in section 20(3B) if the Commission appointed in accordance with clause 18 of the Schedule to the Presbyterian Church of Australia Act 1970, determines that either or both Presbyterian Ladies' College and Scotch College are to vest in the Church, the College or Colleges shall be deemed to be incorporated under and by virtue of this Act. (3) In the case of each of the Church instrumentalities deemed to be incorporated pursuant to subsections (1) and (2), the provisions of section 32 shall, as from the appointed day or the day referred to in section 20(3B) as the case may be, apply as if each such instrumentality had been duly incorporated by a resolution of the Synod pursuant to an application made under section 28. (4) The existing constitution of each such Church instrumentality shall continue mutatis mutandis in full force and effect provided that the Synod may grant and approve a new constitution for any such instrumentality in the manner prescribed in section 33. [Section 34 amended: No. 19 of 2010 s. 51.] 35. Termination of incorporation The incorporation of a Church instrumentality incorporated under and by virtue of this Act shall terminate — (a) if and when the Church instrumentality shall be dissolved in the manner provided in its constitution; (b) if at any time before its dissolution the Church instrumentality shall apply to the Synod in the prescribed manner for the termination of its incorporation and the Synod shall resolve that it be terminated; (c) if the Synod shall for any sufficient reason consider it fit and proper that the incorporation of the Church instrumentality should be terminated and upon its own motion shall so resolve provided that any such motion shall require at least 14 days' notice to the members of the Synod and shall not be passed unless two‑thirds of those members present and voting shall approve such motion. 36. Effect of termination Where the incorporation of a Church instrumentality incorporated under and by virtue of this Act is terminated, the Church instrumentality shall thereupon cease to be a body corporate and all land and other property held by or belonging to, or vested in it, whether in its corporate name or otherwise, shall without conveyance vest in the Trust and henceforth shall be held by the Trust for the purposes of the Church instrumentality if it be not then dissolved and is still functioning but otherwise, subject to the provisions of the University Colleges Act 1926, for such purposes and upon such trusts as the Synod shall direct. Part VII — General 37. Trust's powers as to exchange etc. of property Subject to any resolution or direction of the Synod or of any Committee appointed by it for the purpose, the Trust may act in relation to the exchange, dedication or compulsory acquisition of any property vested in it, may make claims for compensation in respect thereof and may agree to and settle any such claims, for such considerations, and on and subject to such terms and conditions, as may appear advisable to it. 38. Trust's receipts, effect of A receipt for moneys payable to the Trust shall exonerate the mortgagee, purchaser or other person by or on whose behalf the moneys are so payable from any liability to see