Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


ANGLICAN TRUSTS CORPORATIONS (AMENDMENT) BILL 2000

                 PARLIAMENT OF VICTORIA

  Anglican Trusts Corporations (Amendment) Act
                      2000
                                Act No.


                       TABLE OF PROVISIONS
Clause                                                               Page
  1.     Purpose                                                        2
  2.     Commencement                                                   2
  3.     Principal Act                                                  2
  4.     Title inserted                                                 2
  5.     Definitions                                                    2
  6.     New section 8A inserted                                        3
         8A.      Number of trustees                                    3
  7.     New section 12B inserted                                       3
         12B. Joint use or ownership of church trust property           3
  8.     References to Church Assembly                                  5
  9.     Name of the Church                                             5
                           

ENDNOTES                                                                6




                                     i
541105B.I1-30/8/2000                           BILL LA CIRCULATION 30/8/00

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 17 August 2000 A BILL to amend the Act No. 797 of the Parliament of Victoria and for other purposes. Anglican Trusts Corporations (Amendment) Act 2000 Preamble 1. The Act No. 797 of the Parliament of Victoria provides for the establishment by each diocese in Victoria of a corporate body of trustees. 2. All dioceses have agreed that it is desirable that the Act be amended to enable certain changes to be made to the composition, including the number, of the members of a trusts corporation. 3. All dioceses have also agreed that it is desirable that the Act be amended to enable the use of church property jointly with a church of another denomination in certain circumstances. 1 541105B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00

 


 

Anglican Trusts Corporations (Amendment) Act 2000 s. 1 Act No. 4. It is expedient to enact legislation for those and other related purposes. The Parliament of Victoria therefore enacts as follows: 1. Purpose The purpose of this Act is to make certain amendments to the Act No. 797 of the Parliament of Victoria. 5 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Principal Act See: In this Act, the Act No. 797 of the Parliament of Act No. 797 and 10 Victoria is called the Principal Act. amending Act No. 10194. Law Today: www.dms. dpc.vic. gov.au 4. Title inserted Before the preamble to the Principal Act insert-- "Anglican Trusts Corporations Act 1884". 5. Definitions 15 In the Principal Act-- (a) in section 1, insert the following definition-- ' "trusts corporation", in relation to a diocese, means the corporate body of 20 trustees constituted within the diocese under this Act.'; (b) in section 12A(1), omit the definition of "Trusts Corporation". 2 541105B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00

 


 

Anglican Trusts Corporations (Amendment) Act 2000 s. 6 Act No. 6. New section 8A inserted After section 8 of the Principal Act insert-- "8A. Number of trustees The Synod of a diocese may, by Act of 5 Synod, alter the composition, including the number, of trustees constituting the trusts corporation of the diocese.". 7. New section 12B inserted After section 12A of the Principal Act insert-- 10 "12B. Joint use or ownership of church trust property (1) If an Act of the Synod of a diocese provides for a scheme of co-operation to be entered into-- 15 (a) with or involving a church of another denomination or any congregation or activity of such a church; and (b) for the use of specified real or personal property vested in the trusts corporation 20 of the diocese-- the trusts corporation may permit that property to be used, managed and administered under and in connection with that scheme during its continuance in such a 25 manner and on such conditions as are specified in the scheme. (2) The proceeds of sale or mortgage or any other dealing with property referred to in sub-section (1) may be applied in such 30 manner as may be determined under the scheme. 3 541105B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00

 


 

Anglican Trusts Corporations (Amendment) Act 2000 s. 7 Act No. (3) The conditions referred to in sub-section (1) may include conditions with respect to-- (a) the making of contributions of money for the acquisition, construction, 5 alteration, maintenance or repair of assets vested in or held on behalf of either or both the trusts corporation and the co-operating church or congregation; and 10 (b) the giving and taking of security or charge in accordance with the scheme over any property in respect of contributions of money or money's worth made or received under the 15 scheme and any property vested in the trusts corporation in any scheme is, to the extent set out in the scheme, charged accordingly. (4) The Registrar-General, the Registrar of 20 Titles and any person dealing in good faith and for value with any property vested in the trusts corporation is not bound to enquire whether any security or charge referred to in sub-section (3) exists and is not deemed to 25 have notice of any such security or charge by reason only of this Act or the existence of a scheme of co-operation under this section and-- (a) a conveyance, transfer or other 30 assurance to another person operates as a discharge of any security or charge so referred to, in so far as the property conveyed, transferred or assured would, but for this sub-section, be so subject; 35 and 4 541105B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00

 


 

Anglican Trusts Corporations (Amendment) Act 2000 s. 8 Act No. (b) a mortgage or charge in favour of another person has priority over any security or charge so referred to that affects the property mortgaged or 5 charged in favour of that person. (5) This section applies in relation to all property at any time held by a trusts corporation of a diocese except to the extent that any property is held subject to any 10 express trust expressly forbidding its use in any manner referred to in this section. (6) Sub-section (5) does not prevent the use of trust property in a manner referred to in this section if the property was merely directed to 15 be held on trust for the worship or purposes of the Church.". 8. References to Church Assembly In the Principal Act-- (a) in sections 1, 2, 4, 9, 12 and 14, for "Church 20 Assembly" (wherever occurring) substitute "Synod"; (b) in section 4A(1), omit "Church"; (c) in section 12, for "said Assembly" substitute "Synod". 25 9. Name of the Church In the Principal Act-- (a) in the definition of "Church" in section 1, for "Church of England" substitute "Anglican Church of Australia"; 30 (b) in section 7, omit "the colony of". 5 541105B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00

 


 

Anglican Trusts Corporations (Amendment) Act 2000 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 6 541105B.I1-30/8/2000 BILL LA CIRCULATION 30/8/00

 


 

 


[Index] [Search] [Download] [Related Items] [Help]