Uniting Church in Australia Act 1977 (Tas)

Uniting Church in Australia Act 1977 An Act to facilitate the union of various Christian churches into a single church to be known as The Uniting Church in Australia, to provide for the constitution and functions of The Uniting Church in Australia Property Trust (Tas.), and for the vesting of certain property in that trust, and for related purposes [Royal Assent 19 May 1977] 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: PART I - Preliminary 1. Short title and commencement (1) This Act may be cited as the Uniting Church in Australia Act 1977 . (2) This Act shall commence on a day to be fixed by proclamation. 2. Repeals The Acts specified in Schedule I are repealed. 3. Interpretation In this Act, unless the contrary intention appears – appointed day means the day on which this Act commences; Assembly means the Assembly of the Church referred to in clause 15 (e) of the Basis of Union, and includes the Inaugurating Assembly; Basis of Union means the Basis of Union set forth in Schedule II ; Church means The Uniting Church in Australia; Congregational Church means the Congregational Union of Australia and the Congregational Unions in each of the States of the Commonwealth, and includes the individual churches that 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 church or union; conveyance includes transfer; Inaugurating Assembly means the first Assembly of the Church that is convened in accordance with the Basis of Union; Methodist Church means the Methodist Church of Australasia, and includes any congregation, circuit, department, society, auxiliary, activity, fund, service, institution, or interest of that church, except the Conferences of Fiji, Samoa and Tonga; Model Deed means the Wesleyan Methodist Model Deed of Tasmania 1888 made in pursuance of the Methodist Churches Acts 1888 to 1929, and includes any duly authorized alteration or modification of that deed; Presbyterian Church means the Presbyterian Church of Australia comprising, subject to the Presbyterian Church of Australia Act 1971 , 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 of Western Australia; property includes – (a) real and personal property and any estate or interest therein; and (b) the right to receive income; Synod means the Synod of the Church within this State, being the Synod referred to in clause 15 (d) of the Basis of Union; Trust means The Uniting Church in Australia Property Trust (Tas.) constituted by this Act; trust property means property vested in, or acquired by, the Trust by or pursuant to this Act; Uniting Church means the Congregational Church, the Methodist Church, and the Presbyterian Church, except – (a) those Congregational Churches specified in Schedule IV ; and (b) those congregations of the Presbyterian Church continuing to function after the appointed day under the Scheme of Union of the 24th day of July 1901, as amended, within the meaning of Part III of the Schedule to the Presbyterian Church of Australia Act 1971 . PART II - Inauguration of the Church 4. Authority to unite (1) The Uniting Churches are by virtue of this Act empowered to unite in accordance with the Basis of Union. (2) The union referred to in subsection (1) shall take effect on the appointed day. 5. Name of church The church formed by the union referred to in section 4 (1) shall be known as The Uniting Church in Australia. 6. Inaugurating Assembly The Inaugurating Assembly shall be deemed to have been validly convened. 7. Adoption of Constitution The Inaugurating Assembly may adopt a Constitution for the Church that is consistent with the Basis of Union. 8. Amendment of Constitution The Assembly may amend, alter, repeal, or replace the Constitution adopted from time to time by the Assembly in accordance with the appropriate provisions contained in the Constitution. 9. Powers of Assembly in relation to determination of matters of doctrine, &c., and further unions Notwithstanding anything in this Act or in the Basis of Union, the Assembly – (a) may determine, declare, or interpret matters of doctrine, worship, government, and discipline in the Church; and (b) may resolve to unite with other branches of the Christian Church. PART III - The Uniting Church in Australia Property Trust (Tas.) 10. Constitution of The Uniting Church in Australia Property Trust (Tas.) (1) There shall be a trust to be known as The Uniting Church in Australia Property Trust (Tas.). (2) Subject to this section, the Trust shall consist of – (a) the person holding or acting in the office of the Moderator of the Synod; (b) the person holding or acting in the office of the Secretary of the Synod; (c) the person holding or acting in the office of the Property Officer of the Synod; and (d) five other persons appointed – (i) by the Inaugurating Assembly until the first meeting of the Synod;and (ii) thereafter by the Synod at that meeting and at each of its subsequent meetings. (3) Where – (a) there is no-one holding or acting in any of the offices referred to in paragraphs (a) , (b) , and (c) of subsection (2) ; or (b) fewer than 3 persons hold or act in all those offices – the Synod may appoint 6 members of the Trust instead of the number that it may, apart from this subsection, appoint under subsection (2) (d) (ii) . (4) A member of the Trust appointed by – (a) the Inaugurating Assembly, holds office for the period commencing on the day of his appointment and ending at the conclusion of the first meeting of the Synod; or (b) the Synod, holds office for the period commencing immediately after the conclusion of the meeting of the Synod at which he is elected and ending at the conclusion of the next succeeding meeting of the Synod. (5) On the expiration of his term of office, a person appointed as a member of the Trust is eligible for re-appointment. (6) The first chairman of the Trust shall be appointed by the Inaugurating Assembly from among the members of the Trust and each subsequent chairman of the Trust shall be appointed by the Synod from among those members. 11. Powers and duties of the Trust (1) The Trust is a body corporate with 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) The Trust shall hold trust property in trust for the Church in accordance with the provisions of this Act and subject to any other trust affecting the property. (3) Subject to this section the Trust – (a) may acquire, hold, deal with, and dispose of, property of any kind; and (b) may mortgage, charge, or otherwise encumber any of its property. (4) The Trust shall observe any directions, regulations, or resolutions of the Assembly as to the exercise of its powers under this section. 12. Proceedings of the Trust (1) The chairman of the Trust shall preside at meetings of the Trust at which he is present. (2) In the absence of the chairman from a meeting of the Trust, the members present shall elect one of their number to preside at the meeting. (3) The person presiding at a meeting of the Trust has a deliberative vote. (4) All questions arising at a meeting of the Trust shall be decided by a majority of the votes of the members present and voting thereon and, in the event of an equality of votes on any question, that question shall be decided in the negative. (5) Three members of the Trust constitute a quorum of the Trust. (6) Subject to this section, the Trust may regulate its own proceedings. 13. Vacation of membership of the Trust The office of a member of the Trust becomes vacant – (a) on the expiration of his term of office; or (b) if he – (i) dies; (ii) resigns his office by written notice to the Trust; (iii) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his creditors; (iv) is liable to be detained, or is subject to guardianship, under the Mental Health Act 1963 ; (v) being a member by virtue of holding an office referred to in paragraph (a) , paragraph (b) , or paragraph (c) of section 10 (2) , has ceased to hold that office; or (vi) is removed by resolution of the Synod or its Standing Committee. 14. Casual vacancies (1) Where, by reason of the occurrence of casual vacancies in the membership of the Trust, the number of members is reduced to less than 5, the remaining members shall appoint persons to fill all those vacancies for the remainder of the term for which the vacating members were respectively appointed as members of the Trust. (2) Subject to subsection (1) , where a casual vacancy occurs in the membership of the Trust, the remaining members may appoint a person to fill that vacancy for the remainder of the term for which the vacating member was appointed as a member of the Trust. 15. Common seal (1) The members for the time being of the Trust shall have custody of its common seal. (2) The Trust shall determine the form of its common seal and, subject to this section, all other matters relating to that seal. (3) The common seal of the Trust shall be affixed to an instrument only in pursuance of a resolution passed at a duly convened meeting of the Trust and an instrument to which the common seal is so affixed shall be signed by not less than two members of the Trust. (4) An instrument purporting to have been sealed with the common seal of the Trust and to have been signed by not less than two members of the Trust shall be deemed to have been executed in accordance with subsection (3) . 16. Form and execution of certain contracts, &c. (1) A deed, instrument, or contract relating to any property or other matter that, if executed or made by an individual, would be required by law to be in writing under seal, may be made on behalf of the Trust in writing under the common seal of the Trust. (2) An instrument or contract relating to any property or other matter that, if made by or between individuals, would be required by law to be in writing signed by the parties to the instrument or contract may be made on behalf of the Trust in writing by a person acting under its express or implied authority. (3) A contract relating to any property or other matter that, if made between individuals, would be legally binding although made orally and not reduced to writing may be made on behalf of the Trust by a person acting under its express or implied authority. (4) A contract that is entered into, or an instrument or contract that is signed, on behalf of the Trust 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 resolution of the Synod for the time being in force pursuant to this Act. 17. Execution under seal by agent, &c. (1) TheTrust may, in relation to a particular matter, by writing under its common seal, authorize a person to execute a deed, instrument, or contract on the Trust's behalf as its agent or attorney. (2) A deed signed by an agent or attorney on behalf of the Trust pursuant to an authorization under subsection (1) and sealed by him binds the Trust and has the same effect as if it were sealed by the Trust. PART IV - Vesting of Trust Property in the Trust 18. Vesting of certain property in the Trust (1) Subject to this Act – (a) all property that, immediately before the appointed day, is vested in trustees pursuant to the Model Deed or is vested in any other person in trust for the Methodist Church (other than the property referred to in paragraph (b) ); and (b) all the property specified in Schedule III and vested in the trustees referred to in that Schedule – is on that day divested from those persons and is, by virtue of this subsection and without any conveyance or other assurance, vested in the Trust to the extent to which it was so vested in those persons 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, is vested in the Congregational Union of Tasmania or any other person in trust for the Congregational Church is, on that day, divested from that person and is, by virtue of this subsection and without any conveyance or other assurance, vested in the Trust to the extent to which it was so vested in that person and shall be held by the Trust in accordance with the provisions of this Act. (3) Notwithstanding subsection (2) , on the appointed day, the properties specified in Schedule IV continue to be vested in the respective trustees named in that Schedule on the trusts specified in the third Schedule to the Congregational Union Incorporation Act 1887 , notwithstanding the repeal of that Act by this Act, except that the person officiating as the pastor of a church specified in Schedule IV need not be a member of the Congregational Church as required by Clause 4 of the Third Schedule to that Act . (4) Subject to this Act and to the rights referred to in subsection (5) , all property that, immediately before the appointed day – (a) is vested in any person subject to the Presbyterian Church Act 1896 and the Presbyterian Church Act 1908 ; or (b) is otherwise vested in a person in trust for the Presbyterian Church or a congregation, board or committee of management, session, presbytery, committee, council, board, or other institution, organization, or section of that church – is, on the day fixed by proclamation for that purpose, divested from that person and is, by virtue of this subsection and without any conveyance or other assurance, vested in the Trust to the extent to which it was so vested in that person and shall be held by the Trust in accordance with the provisions of this Act. (5) The rights for the purposes of subsection (4) are all rights created or conferred by or pursuant to section 4 of , and clause 18 of the Schedule to, the Presbyterian Church of Australia Act 1971 and any other provision of that Act. (6) Nothing in subsection (4) vests in the Trust any property to which the Presbyterian Church continuing to function after the appointed day is or becomes entitled. (7) All property that becomes vested in the Trust pursuant to subsections (1) , (2) , and (4) is freed and discharged from all the provisions and trusts of the Model Deed, the Congregational Union Incorporation Act 1887 , the Presbyterian Church Act 1896 , and the Presbyterian Church Act 1908 respectively. (8) Subject to this Act, all property that, immediately before the appointed day, is vested in the Methodist Presbyterian and Congregational Joint Ownership Trust, a company incorporated under the Companies Act 1962 , is, on that day, divested from that company and is, by virtue of this subsection and without any conveyance or other assurance, vested in the Trust to the extent to which it was so vested in that company and shall be held by the Trust in accordance with the provisions of this Act. (9) Subject to this Act, all property (except property previously referred to in this section) that, immediately before the appointed day, is vested in trustees on behalf of the Methodist Church, the Congregational Church, and the Presbyterian Church or any two of those churches is, on that day, divested from those trustees and is, by virtue of this subsection and without any conveyance or other assurance, vested in the Trust to the extent to which it was so vested in those trustees and shall be held by the Trust in accordance with the provisions of this Act. (10) Property held under the provisions of the Land Titles Act 1980 that, pursuant to this section, vests in the Trust vests in equity only and does not vest at law until the requirements of that Act have been complied with. (11) The vesting referred to in subsection (10) constitutes a vesting for the purposes of section 120 of the Land Titles Act 1980 . (12) Except in relation to the trusts declared by the Model Deed, the Congregational Union Incorporation Act 1887 , the Presbyterian Church Act 1896 , and the Presbyterian Church Act 1908 , the vesting of any of the property effected by this section is without prejudice to – (a) a special trust; (b) a resulting trust; (c) a trust in favour of a donor; (d) a trust in favour of a person other than the Uniting Churches or any one or more of them; and (e) a reservation, mortgage, charge, encumbrance, loan, or lease that, immediately before the appointed day, affected the property vested. (13) In subsection (12) (a) , special trust means a trust other than a trust for the general purposes of the Methodist Church, the Congregational Church, or the Presbyterian Church. (14) It is not necessary for a lessee to make an attornment to the Trust of land vested in it by this section. 19. Construction of certain instruments (1) To the extent to which any property that, by a deed, will, or other instrument taking effect on or after the appointed day – (a) is devised, bequeathed, given, granted, released, conveyed, or appointed to the Church or to a person other than the Trust for, or for the benefit of, or in trust for, the Church for the religious, social, educational, or charitable work of the Church; (b) is declared or directed to be held by a person other than 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; (c) is recoverable by the Church or by a person other than the Trust for the Church; or (d) is payable to, or receivable by, the Church or a person other than the Trust on behalf of the Church or for the religious, social, educational, or charitable work of the Church – that instrument shall be construed and take effect as if the reference in it to the Church or, as the case may be, to that person, were a reference to the Trust. (2) A deed, will, or other instrument, gift, or other provision in favour of, or relating to, the Methodist Church that comes into effect on or after the appointed day shall be read and construed as if a reference in it to the Methodist Church were a reference to the Church, unless otherwise provided by the context. (3) Subject to subsection (4) , any deed, will, or other instrument, gift, or other provision in favour of, or relating to – (a) the Congregational Church that comes into effect on or after the appointed day shall be read and construed as if a reference in it to the Congregational Church; or (b) an additional congregation that has been admitted to membership of the Church after the appointed day shall, if it comes into operation after the date of that admission, be read and construed as if a reference in it to that additional congregation – were a reference to the Church, unless otherwise provided by the context. (4) Where an individual Congregational Church has not resolved to enter into the union authorized by this Act and has not been admitted to membership of the Church, nothing in subsection (3) affects or prejudices any deed, will, or other instrument, gift, or other provision in favour of that individual Congregational Church by a person who is, or claims to be, a member of that Church at the time when the provision comes into effect. (5) Notwithstanding subsection (4) , a special trust for a particular purpose of, or relating to, the Congregational Church shall be read and construed as vesting the property concerned in the Trust for that purpose if it is, at the time of the trust coming into effect, being carried on solely by the Church. 20. Waiver of certain conditions, &c., in certain Crown grants (1) No title to any land vested in the Trust by this Act shall be held bad at law or in equity by reason of a breach or non-performance, before or after the appointed day, of a condition, trust, or proviso contained in the grant of the land by the Crown. (2) A provision for forfeiture or reverter in respect of a breach or non-performance referred to in subsection (1) shall be deemed to have been released by the Crown as from the date of the Crown grant. 21. Evidentiary provisions (1) Subject to subsection (2) , a certificate under the common seal of the Trust to the effect that the property specified in the certificate is held by it on trust for the Church is, in all circumstances and all proceedings (whether civil or criminal), prima facie evidence that the property so specified is so held. (2) Subsection (1) does not apply in relation to a dispute concerning property between the Church and the Presbyterian Church continuing to function after the appointed day. (3) A certificate under the common seal of the Trust to the effect that the estate or interest of a person named in the certificate in land specified therein is an estate or interest vested in the Trust by this Act is conclusive evidence of the matters so certified for the purposes of an application by the Trust to be registered under the Land Titles Act 1980 as the proprietor of that estate or interest pursuant to the vesting. 22. Certain rights enforceable by the Trust Where any property is vested in the Trust pursuant to this Act, the Trust – (a) has and is subject to all the rights, powers, remedies, liabilities, and obligations in relation to that property; and (b) may exercise and discharge in relation to that property all or any of the rights, powers, and remedies – that the person in whom the property was previously vested or by whom it was previously held would have had and been subject to and might have exercised and discharged in relation to that property if it had not been divested from him and vested in the Trust. PART V - General 23. Claims for compensation on compulsory acquisition, &c. Subject to a resolution or direction of the Assembly or of a committee appointed by it for the purpose, the Trust – (a) may act in relation to the exchange, dedication, or compulsory acquisition of any property vested in it; (b) may make claims for compensation in respect of such a property; and (c) may agree to and settle any such claim, for such consideration and on and subject to any terms and conditions as appear advisable to it. 24. Receipt for certain moneys A receipt for moneys payable to the Trust exonerates the mortgagee, purchaser, or other person on whose behalf the moneys are so payable from any liability to see to the application of those moneys and from any liability for the loss, misapplication, or non-application of those moneys, if the receipt – (a) is executed in accordance with this Act under the common seal of the Trust; (b) is in writing signed by two members of the Trust; or (c) is in writing signed by a person or persons duly authorized for the purpose by the Trust or two members of the Trust. 25. Exoneration from inquiry (1) On a sale, exchange, mortgage, lease, or other dealing purporting to be entered into by the Trust – (a) a purchaser, mortgagee, lessee, or other person dealing with the Trust; or (b) the Recorder of Titles, Registrar of Deeds, Crown Solicitor, or any other person registering or certifying title – is not concerned to see or inquire into the necessity for, or the propriety of, the exercise by the Trust of its powers or the mode of exercising them and is not affected by notice that the exercise of any such power is unauthorized, irregular, or improper. (2) This section applies to an instrument that purports to be sealed pursuant to section 15 . 26. Service of documents The service of a writ, statement of claim, summons, or other legal process on the Trust may be effected by serving it on the Moderator, Secretary of the Synod, or Property Officer of the Synod, or on a person appearing to be authorized by the Trust to accept service of that legal process. 27. Trust may act as executor, &c. (1) The Trust – (a) may apply for and obtain, or join in applying for and obtaining, probate of the will of a deceased person or letters of administration of his estate, if the Church has a beneficial interest, vested or contingent, in the estate of that person; or (b) may accept appointment, and act, as trustee or co-trustee under and in pursuance of a trust in which the trust property is not vested in the Trust by or pursuant to this Act, being a trust created wholly or partly for the benefit of the Church. (2) For the purposes of subsection (1) (b) , the Trust may do all things necessary for the exercise or performance of its powers, authorities, duties, or functions as executor, administrator, or trustee, as the case may be. (3) On behalf of the Trust, a member of the Trust or a person employed by the Trust may, if authorized by the Trust for the purpose, swear an affidavit, make a declaration or statement, give security, and do any other act or thing that a charter, Act, or rule of court requires to be done by a person applying for or granted probate or letters of administration or administering a trust, as the case may be. (4) The Trust – (a) may renounce executorship; (b) may decline to act as administrator of an estate; or (c) may retire, or decline to act, as trustee of property (not being property vested in it by or pursuant to this Act). (5) Any commission or other remuneration earned by the Trust as an executor, administrator, or trustee appointed pursuant to this section belongs to the Trust and shall be used and applied by it for or towards an object or purpose specified or approved by the Assembly in respect of that remuneration. 28. Trust may hold property jointly The Trust may hold or acquire any property alone or jointly with another person or other persons as joint tenants or tenants in common. 29. Register of former trustees (1) The register of trustees known as "The Methodist Church of Australasia Register of Trustees for Tasmania" maintained under the Tasmanian Wesleyan Methodists Act 1888 (in this section referred to as "the register") remains in force for the purposes referred to in subsection (3) , notwithstanding the repeal of that Act and the Methodist Union Act 1902 by this Act. (2) The Trust shall make arrangements for the preservation and custody of the register. (3) An extract purporting to be an extract from the register in or to the effect of the form of certificate contained in Schedule V shall, without production of the register, be received and taken in a legal proceeding or in a dealing with land or for any other purpose as sufficient evidence of the several matters comprised in the extract in so far as they relate to the land specified in the certificate (being land included in the register). 30. Regulations (1) The Assembly may make regulations for the control, management, and administration of, and dealings with, trust property. (2) A regulation under subsection (1) may be rescinded or altered by the Assembly, but such a rescission or alteration does not take effect unless it is approved in the same manner as a regulation. (3) A certificate signed by – (a) the President or Secretary for the time being of the Assembly; or (b) the Moderator or Secretary for the time being of the Synod – that specifies in the certificate or an annexure to it the form of a regulation under subsection (1) that is in force on a day specified in the certificate is conclusive evidencethat the regulation was in force in that form on that day. 31. Co-operative use of property (1) Where it has been decided in accordance with the laws of the Church to enter into a scheme of co-operation with or involving a church of another denomination or a congregation or activity of such a church, being a scheme that involves the use of property vested in the Trust, the Trust may, while the scheme of co-operation continues in force, permit that property to be used, managed, and administered in connection with that scheme in such manner and on such conditions as the Synod, or a committee appointed by it for the purpose, determines or prescribes. (2) The proceeds of sale or mortgage or any other dealing with any property that is the subject of a scheme of co-operation pursuant to subsection (1) and all moneys collected or held in respect of that scheme may be paid and applied in such manner as may be determined or prescribed by the Synod or a committee referred to in that subsection. (3) Without limiting the generality of the conditions that the Synod may determine or prescribe under subsection (1) in relation to a scheme of co-operation, those conditions may include conditions with respect to – (a) the making of contributions of money for the acquisition, construction, alteration, maintenance, or repair of assets vested in or held on behalf of a co-operating church or congregation; and (b) the giving or taking of such security or charge as may be prescribed by the scheme over any property in respect of any contributions of money or in money's worth made or received pursuant to the scheme, and the property of the Trust involved in the scheme is, to the extent prescribed in it, hereby charged. (4) The Recorder of Titles, the Registrar of Deeds, or a person dealing in good faith and for value with any property vested in the Trust is not bound to inquire whether a security or charge referred to in subsection (3) exists, shall not be deemed to have notice of that security or charge, and shall not be bound by it by virtue only of this Act or the existence of a scheme of co-operation under this section, and – (a) a conveyance, or other assurance to such a person operates as a discharge of such a security or charge, in so far as the property conveyed or assured would, but for this subsection, be subject to the security or charge; and (b) a mortgage or charge in favour of such a person has priority over such a security or charge that affects the property mortgaged or charged in favour of that person. 32. Saving provision (1) The provisions of section 31 apply to and in relation to all property at any time held by the Trust, except to the extent that any such property is held subject to an express trust expressly forbidding its use in any manner referred to in that section. (2) Subsection (1) does not prevent the use of property in a manner referred to in section 31 if the property was merely directed to be held on trust for the worship or purposes of the Church. 33. Power of Synod to alter trusts (1) Subject to subsection (2) , in a case where, by reason of the circumstances subsequent to the creation of the trusts, including trusts declared under this section, to which any property vested in the Trust is for th