Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Macedonian Orthodox Church
(Victoria) Property Trust Bill 2009
Introduction Print
EXPLANATORY MEMORANDUM
General
Preamble describes the Macedonian Orthodox Church within Victoria as
being part of the Macedonian Orthodox Church, Diocese of
Australia and New Zealand, states that the property of the Church
within Victoria is currently held by individuals on behalf of the
Church, and states that it is expedient that a body corporate be
established to hold trust property on behalf of the Church within
Victoria and that certain property be vested in that body
corporate.
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Act, which is to establish a corporate
trustee for the Macedonian Orthodox Church within Victoria to
hold, acquire, deal with and dispose of property for the benefit of
the Church and to provide for the vesting of certain property in
the corporate trustee.
Clause 2 provides that the Act will commence on the day after the day on
which it receives the Royal Assent.
Clause 3 defines various terms used in the Act including Church, Deputy
Bishop, Diocesan Assembly, Diocesan Statute and
Metropolitan.
561309 1 BILL LA INTRODUCTION 6/5/2009
PART 2--MACEDONIAN ORTHODOX CHURCH
(VICTORIA) PROPERTY TRUST
Clause 4 establishes the Trust as a body corporate.
Clause 5 sets out the functions and powers of the Trust including the
function to acquire, hold, deal with or dispose of property located
within Victoria for the benefit of the Church and the function to
act as a trustee in certain circumstances.
Clause 6 provides that the Trust may delegate any of its functions or
powers to any person other than the power of delegation
conferred under this clause.
Clause 7 establishes a Board of trustees which consists of nine members
including the Metropolitan as president and the Deputy Bishop as
vice-president and vests the Board with the responsibility to
manage the affairs of the Trust.
Clause 8 sets out the circumstances whereby the office of a member of the
Board becomes vacant.
Clause 9 provides that the appointment of a member of the Board is
subject to the terms and conditions set out in the instrument of
appointment and that the election of a member to the Board by
the Diocesan Assembly is subject to any rules made by the
Diocesan Assembly and confirmed by the Metropolitan.
Clause 10 provides that the Metropolitan may delegate in writing any of the
powers or functions conferred by the Act on the Metropolitan to
the Deputy Bishop, other than the power of delegation conferred
under this clause.
Clause 11 sets out the minimum requirements for a valid meeting of the
Board including the requirement that a quorum is 5 members, of
which one must be the Metropolitan or the Deputy Bishop.
Clause 12 provides for the custody and use of the seal of the Trust including
the requirement that any instrument to which the seal is affixed
must be signed by at least 3 members.
PART 3--VESTING OF CERTAIN PROPERTY IN THE
TRUST
Clause 13 provides for the vesting in the Trust by operation of this Part of
land at Sydenham (comprised in the title referred to in subclause
(2)(a)), which is the site for a monastery, and land at Donnybrook
(comprised in the titles referred to in subclause (2)(b)-(e)), which
is the site for a cathedral for the Macedonian Orthodox Church.
2
Clause 14 provides for an exemption from State tax in respect of the vesting
of property by the operation of Part 3.
Clause 15 directs the Registrar of Titles to make the necessary amendments
in the Register on being given any relevant certificate of title or
other instrument.
3