Hungarian Reformed Church of Australia (Victorian District) Incorporation Act 1973 (Vic)
Version No. 001
Hungarian Reformed Church of Australia (Victorian District) Incorporation Act 1973
Act No. 8386/1973
Version as at 26 February 2003
TABLE OF PROVISIONS
Section Page
1.Short title
2.Definitions
3.Constitution
4.Powers of the Church
5.Property held in trust
6.Property to be dealt with fully and effectually
7.Administration by Church Council
8.Provisions of Second Schedule
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SCHEDULES
SCHEDULE 1—Constitution of the Hungarian Reformed Church of Australia (Victorian District)
SCHEDULE 2—Powers of the Church in relation to the conduct of its property and other affairs
SCHEDULE 3—Description of property
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 001
Hungarian Reformed Church of Australia (Victorian District) Incorporation Act 1973
Act No. 8386/1973
Version as at 26 February 2003
Preamble
WHEREAS certain persons in the State of Victoria being members of the religious denomination called the Hungarian Reformed Church of Australia (Victorian District) and holding as their general tenets the doctrines set forth in Article 2 of the First Schedule have formed themselves into an Association called the "Hungarian Reformed Church of Australia (Victorian District)" a copy of the Constitution of which is set out in the First Schedule:
AND WHEREAS certain real and personal property is held by certain trustees upon trust for the said Association or for purposes connected therewith:
AND WHEREAS a number of congregations are constituents of the said Association and property is now vested in various persons as trustees for and on behalf of the said congregations upon certain trusts:
AND WHEREAS it is expedient that the said Association should be incorporated and should be invested with the powers and authorities hereafter in this Act set forth and that the property so vested in various persons as trustees upon trust for the said Association or for the said constituent congregations should be capable of being invested in the said Association when incorporated upon the trusts hereafter in this Act set forth:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty and by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title
This Act may be cited as the Hungarian Reformed Church of Australia (Victorian District) Incorporation Act 1973.
2.Definitions
In this Act, unless inconsistent with the context or subject-matter—
"Church" or "District" means the Hungarian Reformed Church of Australia (Victorian District) incorporated by this Act;
"congregation" means congregation of the Hungarian Reformed Church of Australia (Victorian District);
"Constitution" means the Constitution in the First Schedule;
"President" means the President for the time being of the Hungarian Reformed Church of Australia (Victorian District) appointed by the duly constituted convention of the District;
"property" means all property real and personal whether within or without the State of Victoria;
"Schedule" means Schedule to this Act.
3.Constitution
(1)There shall be a body corporate by the name of the "Hungarian Reformed Church of Australia (Victorian District)" consisting of all persons in the State of Victoria and elsewhere who from time to time in accordance with the Constitution for the time being of the Church accept as their general tenets the doctrines set forth in Article 2 of the First Schedule and the said body corporate shall have perpetual succession and a common seal and under that name may sue and be sued prosecute and defend and take and suffer all other proceedings in all courts.
(2)The Church may—
(a)make by-laws and rules (not inconsistent with this Act or the said Constitution) for or with respect to all or any of the matters following—
(i)the admission expulsion or re-admission of congregations to membership of the Church;
(ii)conduct of the officers of the said Church and the election and duties of officers;
(iii)the appointment rotation and duties of all minor officials of the said Church;
(iv)the keeping of accounts and records;
(v)the appointment of auditors;
(vi)the convening and conduct of conventions, conferences and meetings;
(vii)the custody care and maintenance of Church property;
(viii)the execution and authentication of documents;
(ix)the authorization of expenditure;
(x)the rescission or amendment of by-laws and rules;
(xi)the remuneration of officers and employees;
(xii)such other matters that may from time to time be found to be necessary or expedient;
(b)make such alterations in and additions to the Constitution of the Church as set out in the First Schedule as are found from time to time to be necessary or expedient;
(c)take purchase receive hold and enjoy property upon the trusts and with the powers set out in the Second Schedule and also to sell grant transfer convey exchange demise (whether by way of lease or otherwise) create easements over or otherwise dispose of either absolutely or by way of mortgage charge lien or other encumbrance any of the property at any time belonging to the Church;
(d)if any property referred to in paragraph (c) is subject to any trust the provisions of such trust shall be carried out by the Church in accordance with the trust deed or other instrument creating the trust; and
(e)generally to exercise subject to the provisions of this Act all powers rights and privileges incident to a body corporate.
(3)The Church Council for the time being of the Church shall have the custody and the use of the common seal of the Church and the majority of the members of the Church Council shall have power to use or direct the use of the seal for all purposes for which the use of the seal is required.
(4)The seal shall not be affixed otherwise than pursuant to a resolution of the majority of the Church Council.
(5)Any two of the following office bearers of the Church for the time being, namely, President, Vice-President, Secretary or Treasurer or any other official appointed for the purpose by a duly constituted convention of the Church shall sign their names to the documents to which the seal has been affixed.
4.Powers of the Church
(1)All the estate and interest of the person named in the Third Schedule in the property therein set forth and all property held at the commencement of this Act by any person or persons in trust for the Church referred to in the preamble shall upon the said commencement vest in the Church without the necessity for any conveyance transfer or other assurance of such property.
(2)The Church may take a transfer or conveyance of property from a congregation subject to any trust specifically declared in favour of that congregation.
(3)All property held in trust for or for any purpose connected with any congregation which was prior to the commencement of this Act dissolved or dispersed and which congregation was prior to its dissolution or dispersion a constituent of the said Church shall from and after the commencement of this Act vest in the Church without the necessity for any conveyance transfer or other assurance for such property and shall cease to be held upon the express trusts to which it was subject and shall thereafter be held managed and dealt with by the Church in such manner as the Church Council or the Church meeting in convention from time to time directs subject nevertheless to all mortgages liens and other charges affecting the property immediately prior to the date of such vesting.
(4)Save as otherwise provided by this Act all property becoming vested in the Church as provided in this section or which is in any manner acquired by the Church shall so far as the property is, at the time of its becoming so vested or (as the case may be) of its being so acquired, subject to any trust to be held by the Church in conformity with the trust and shall so far as the property is not subject to any trust be held managed and dealt with in such manner as the Church Council or the Church meeting in convention from time to time directs.
(5)The provisions of this section shall have effect notwithstanding anything to the contrary in the Constitution.
5.Property held in trust
(1)Where at any time after the commencement of this Act any persons hold property in trust for or on behalf of the congregation such persons may with the consent of, or shall at the direction of, the majority of the members of such congregation present in person or by proxy at the meeting duly convened for the purpose and with the approval of the Church convey assign or transfer such properties to the Church subject to the trusts upon which the properties are held and conveyance assignment or transfer, when completed and accepted by the Church, shall from and after the said commencement operate as a discharge of all the trustees from the duties of the trust.
(2)A minute of resolution contained in the minutes of the meeting and signed by the Chairman thereof shall be conclusive proof for all purposes that such meeting was duly convened and that such resolution was duly passed thereat by the requisite majority.
(3)If any person or persons in whom the property is for the time being vested refuses or refuse or for a period of one calendar month after being directed by a majority of the voting members of the congregation present and voting at a duly constituted meeting of the congregation as provided in this section fails or fail to execute and deliver such conveyance assignment or transfer to the Church or if there is or are no such person or persons or if such person or persons is or are dead or are unable to be found or absent from Victoria the President may execute such conveyance assignment or transfer in lieu of such person or persons.
(4)The execution by the President of an instrument of conveyance assignment or transfer pursuant to the powers conferred by sub-section (3) shall be as valid and effectual for all purposes as if it were executed by the person or persons refusing or failing to execute and deliver such conveyance or transfer or being dead unable to be found or absent from Victoria as aforesaid; and the mere fact of execution by the President shall be conclusive proof for all purposes that all matters and conditions preliminary to such execution by him as required by this section have duly occurred or have been duly complied with.
6.Property to be dealt with fully and effectually
Except in so far as it is prohibited from doing so by the original trusts to which any property vested in it is subject the Church may demise for any term (whether upon building leases or other leases or tenancies) charge mortgage encumber give easements over exchange partition or sell any property referred to in section 5 and generally deal with the property fully and effectually as if it were the beneficial owner thereof.
7.Administration by Church Council
The administration of all business affairs of the Church is hereby committed to the Church Council.
8.Provisions of Second Schedule
The provisions of the Second Schedule may at any time be altered modified or amended by the Church by resolution duly passed in accordance with its Constitution.
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SCHEDULES
FIRST SCHEDULE
CONSTITUTION OF THE HUNGARIAN REFORMED CHURCH OF AUSTRALIA (VICTORIAN DISTRICT)
In this Constitution and in any by-laws made thereunder unless inconsistent with the context or subject-matter—
"Church" means the general Church body, named the "Hungarian Reformed Church of Australia";
"District" means the association of local churches or congregations which accept this Constitution and have been received into membership.
Article 1—Name
The name of this Church body is the Hungarian Reformed Church of Australia (Victorian District).
Article 2—Declaration of Faith and Doctrine
The District, humbly relying on the blessing of Almighty God, makes this declaration of faith and doctrine as binding heretofore and henceforth on the District:
1.The Scriptures—The District receives and acknowledges all the Canonical Scriptures of the Old and New Testament as the divinely inspired and inerrant Word of God and as the sole source of doctrine and rule and guide of faith and life.
2.The Confessions—The District receives and acknowledges the Confessions of the Reformed Church in the Heidelberg Catechism and the Second Helvetian Confession.
3.Binding Nature of Declaration—Each congregation of District and each member thereof receives and acknowledges and regards as binding the Declaration of Faith and Doctrine contained in this Constitution.
Article 3—Objects
The objects of the District are:
1.The conservation and promotion of the unity of the true faith, the use of the diversities of gifts for the common profit, the joint extension of the Kingdom of God, and the united defence against religious unionism, sectarianism, and schism.
2.The institution of fostering of Christian schools and Sunday-schools, the thorough instruction of those to be confirmed, and the care of the youth of the District.
3.The inauguration, promotion and control of home and foreign missions and of charitable undertakings.
4.The importation, publication, and sale, or free distribution of Bibles, books of instruction and devotion, tracts, religious periodicals and other approved books, literature, and visual aids.
5.The attainment of uniformity in church-practice, church-customs, and, in general, in congregational affairs.
6.The brotherly supervision of the ministers, teachers, and lay-helpers of the District with regard to the performance of their official duties.
7.The protection of ministers, teachers, lay-helpers, and congregations in the performance of their duties and the maintenance of their rights.
Article 4—Authority and Power
1.The District, in accordance with the provisions of this Constitution, has authority and power to make rules and regulations for the administration of its affairs.
2.The District delegates the exercise of its authority and power to the Church Council.
3.The District may make regulations for the administration, management, and disposal of all property, moneys, revenues, legacies, donations, and documents of every description under its control or that of any officer, board, committee, or tribunal elected or appointed under this Constitution, but always subject to the trusts, if any, affecting the same.
Article 5—Membership
1.The unit of organization of the District is the congregation.
2.Membership in the District with the right to be represented at conventions of the District by delegates is acquired by congregations who accept the confessional basis of Article 2 of this Constitution.
3.Ministers of the Gospel, teachers of Christian schools, and missionaries who accept the confessional basis of Article 2 and are called by unit-congregations or congregations affiliated with the District or by boards of the District become advisory members by being received into the District.
4.All members of a non-synodical congregation or baptized members in a mission field who are under the spiritual care of a minister of the District shall be regarded as belonging to the District.
5.A congregation shall be received into membership only after the District has approved its constitution.
6.Membership in the District may be conferred, in conformity with paragraphs 1, 2, 3 and 5 of this Article, by any assembly of the District.
7.Member congregations only, and such congregations as are hereafter admitted into membership, shall be entitled to send delegates to assemblies of the District.
Article 6—Relation of the District to Its Members
1.The District is and shall remain an advisory body with respect to the self-government of each member congregation, but it shall have power to secure the observance by its members, both congregations and persons, of Article 2 of this Constitution and to proceed against offenders.
2.The District shall have no authority or power over the property of a congregation. Each congregation remains the sole proprietor of its property, and the property of a congregation is not liable to seizure for any debts contracted by the District or by any other congregation.
3.If the District becomes liable as guarantor for any debts contracted by a congregation, the District shall have the power to seize the property of such congregation.
Article 7—Assemblies
1.Subject to this Constitution there shall be an assembly of the District in every year. The time and place of the assemblies shall be determined by a resolution of the District or, in default of such a resolution, by appointment of the President.
2.A special assembly may be called by the President after having obtained the consent of a majority of the congregations of the District and after having informed the President of the Church of the purpose of the intended special assembly.
3.The ministers of congregations entitled to be represented at assemblies and the delegates elected by these congregations shall have the right to vote at assemblies of the District. Other voting members of congregations present at assemblies shall be advisory members only.
4.All matters not being matters of doctrine shall be decided by resolutions carried by a majority of the delegates present and voting on such resolutions, but Article 11(3) shall apply to proposed changes and amendments to this Constitution.
5.Between assemblies business matters may be submitted to a vote of the congregations, if the President deems it necessary.
Article 8—Officers
1.The officers of the District shall be elected at the regular assemblies of the District.
2.The officers of the District are: A President, a Vice-President, a Secretary, a Treasurer, an Accountant, a Church Council, and such other officers, boards, committees, and tribunals as the District from time to time determines.
3.The President and the Vice-President shall be ministers of the District, and all other officers and members of boards, committees, and tribunals shall be members of a congregation of the District.
4.Each officer of the District shall hold office, subject to this Constitution, until his successor is elected or appointed.
5.Any officer and any member of any board, committee, or tribunal vacates his office as soon as he ceases to be a member of a congregation of the District.
6.The District in assembly may make rules for the conduct of elections and for the nomination of candidates to any office.
7.The District shall not have power to appoint officers for any parish or congregation of the District.
Article 9—Rights and Duties of Officers
1.The officers of the District shall have such rights only as have been expressly conferred on them by the District, and in everything pertaining to their rights and the performance of their duties they are responsible to the District in assembly and, between assemblies, to the President.
2.The District in assembly has the right to call any officer to account and remove him from office, and to abolish any office it has established.
Article 10—Discipline
1.Member congregations shall expel persons from their membership who act contrary to the Confessional basis of Article 2 of this Constitution when admonition has proved futile, but such persons shall have the right to appeal to the President.
2.The President has power to require any congregation to inquire into the conduct of its minister, teacher, lay-helper, or of any one of its members, when such conduct is contrary to Article 2 of this Constitution.
The President has power to admonish and also to suspend any minister, teacher, lay-helper, or any congregation, or any member of any congregation from membership in the District until the next assembly of the District, and to publish such suspension, and the congregation to which such pastor, or teacher, or member belongs shall take immediate disciplinary action against the person suspended notwithstanding an appeal to the District or a committee of the District, or subsequently to the Church or a committee of the Church.
3.The District shall deal with any congregation of the District under suspension, or which acts contrary to Article 2 of this Constitution, or which refuses to take disciplinary action against a minister or teacher who has been suspended from membership in the District or any member who acts contrary to Article 2 of this Constitution, and if all negotiations and admonitions fail in their purpose, such congregation shall be deprived of its membership in the District.
4.A congregation which has been deprived of its membership in the District, or has severed its connexion with the District, shall lose all share in, or claim on, the property of the District, as also shall any person expelled by any congregation, or who has severed his connexion with the District.
Article 11—Changes and Amendments
1.Articles 2 and 5 and 11 of this Constitution shall be unalterable and irrepealable.
2.Changes in this Constitution and amendments thereto may be made if they conform to the provisions laid down in Articles 2, 5 and 11.
3.Only written motions referring to changes and amendments shall be accepted by the chairman of the convention and be received for discussion by the District, and a separate vote shall be taken on each motion. When the vote is taken, two-thirds of the voting representatives present and voting in favour of the motion shall cause the proposed change or amendment to become effective.
4.The District has power to put any proposed change to the vote of the congregations. When any such direction is given, the President and the Secretary of the District shall within three months after the close of the assembly publish the proposed change or amendment in three successive issues of the official organ of the Church allowing congregations four weeks from the date of the last publication of the notice to return their votes in writing to the Secretary.
5.After the congregations have registered their votes in writing with the Secretary, the result of the vote shall be announced by the Secretary through the official organ of the Church. In case of acceptance the change or amendment thereby becomes effective.
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SECOND SCHEDULE
POWERS OF THE CHURCH IN RELATION TO THE CONDUCT OF ITS PROPERTY AND OTHER AFFAIRS
1.To make and enforce the following declaration of faith and doctrine as binding on the Church—
(a)the Church receives and acknowledges all the Canonical Scriptures of the Old and New Testament as the divinely inspired and inerrant Work of God and as the sole source of doctrine and rule and guide of faith and life;
(b)the Confessions: The District receives and acknowledges the Confessions of the Reformed Church in the Heidelberg Catechism and the Second Helvetian Confession;
(c)the preservation and proclamation of the doctrines of Holy Scripture as contained in the confessions of the Reformed Church.
2.To determine the unit of organization of the Church, and to determine the procedure whereby any person may be admitted or re-admitted to the unit of organisation and to determine the procedure whereby any person may be excluded or expelled from the unit of organization.
3.To take over the whole or any part of the real and personal property and all or any estates and interest therein now vested in or held by F. Antal in the State of Victoria, Clergyman, as Trustee in trust for and on behalf of the Victorian District of the Hungarian Reformed Church of Australia and to give a valid discharge therefor.
4.To take over the whole or any part of real and personal property and all or any estates and interests therein now vested in or held by any other person or persons or by any body or Association whether incorporated or not, as Trustee or Trustees in trust for and on behalf of the Hungarian Reformed Church of Australia (Victorian District) and to give a valid discharge therefor.
5.To undertake all or any of the liabilities uncurred by or imposed upon the said F. Antal or any other person or persons or any other body or Association whether incorporated or not while acting as Trustee or Trustees for and on behalf of the Hungarian Reformed Church of Australia (Victorian District).
6.To see manage lease mortgage dispose of or otherwise deal with all or any part of the property of the Church whether real or personal.
7.To purchase take or lease or in exchange hire or otherwise acquire any real and personal estate which may be deemed necessary or convenient for any of the purposes of the Church.
8.To construct maintain and alter any houses manses school buildings hospital buildings churches halls chapels benevolent houses and any other buildings or works necessary or convenient for the purposes of the Church.
9.To take any gift of property whether subject to any special trust or not for any one or more of the objects of the Church.
10.To print and publish any newspaper periodicals books calendars Bibles films film strips tape recordings or any other materials that the Church thinks desirable for the promotion of its objects.
11.To undertake and conduct either by its servants or agents or through or in conjunction with any other person body or association radio television and any other programmes that the Church thinks desirable for the promotion of its objects.
12.To borrow and raise money in such manner as the Church thinks fit for the promotion of its objects.
13.To invest any moneys of the Church not immediately required for any of its objects in such manner as is from time to time determined.
14.To undertake and execute any trusts or any agency or any business of any nature whatsoever which seems directly or indirectly conducive to any of the objects of the Church.
15.To subscribe to any local or other charities and to grant donations for any public purpose and to provide a superannuation pension or like fund for the servants of the Church and to provide a personal sickness and accident benefit or like insurance for the ministers teachers and other servants of the Church, or otherwise to assist any such ministers servants their widows children and dependants.
16.To undertake and conduct either by its servants or agents or through or in conjunction with any other person body or association a system of education either by and through Sunday-schools Saturday-schools Christian day schools colleges seminaries or other institutions of a like nature that the Church thinks desirable for the promotion of its objects and to do all such lawful things as are incidental and necessary for the attainment of this object.
17.To undertake and conduct such youth work as the Church thinks desirable for the promotion of its objects.
18.To establish and support and to aid in the establishment and support of any other associations or organizations formed for all or any of the objects of this Church.
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THIRD SCHEDULE
Description of propertyName of person registered as trustee holding such property for the church
1. All that piece of land being part of Crown Allotment Five Section 35 Parish of Jika Jika County of Bourke and being the land described in Certificate of Title Volume 3263 Folio 596
Francis Antal2. All that piece of land being part of Crown Allotment One Section 34 Parish of Jika Jika County of Bourke and being the land described in Certificates of Title Volume 2167 Folio 399 and Volume 1076 Folio 144
Francis Antal3. All that piece of land being part of Crown Allotment Five Section 30 Parish of Jika Jika County of Bourke and being the land described in Certificate of Title Volume 2392 Folio 266
Francis Antal═══════════════
ENDNOTES
1. General Information
The Hungarian Reformed Church of Australia (Victorian District) Incorporation Act 1973 was assented to on 3 April 1973 and came into operation on 3 April 1973.
2. Table of Amendments
There are no amendments made to the Hungarian Church of Australia (Victorian District) Incorporation Act 1973 by Acts and subordinate instruments.
3. Explanatory Details
No entries at date of publication.
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