Roman Catholic Archdiocese of Adelaide Charitable Trust (Membership of Trust) Amendment Act 2014 (SA)

South Australia

Roman Catholic Archdiocese of Adelaide Charitable Trust (Membership of Trust) Amendment Act 2014

An Act to amend the Roman Catholic Archdiocese of Adelaide Charitable Trust Act 1981.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Roman Catholic Archdiocese of Adelaide Charitable Trust (Membership of Trust) Amendment Act 2014.

2Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Roman Catholic Archdiocese of Adelaide Charitable Trust Act 19813Amendment of section 4 – Interpretation

1. (1)

   Section 4, definition of the Convent of Mercy and the Sisters of Mercy—delete the definition

2. (2)

   Section 4—after the definition of conveyance insert:

   designated ministry means a ministry declared under section 4A to be a designated ministry;

3. (3)

   Section 4—after the definition of the Salesians of St John Bosco insert:

   Sisters of Mercy means the Institute of Sisters of Mercy of Australia & Papua New Guinea;

4Insertion of section 4A

After section 4 insert:

4A—Designated ministries

1. (1)

   For the purposes of section 7(1), each of the following ministries is declared to be a designated ministry:

   1. (a)

      the Salesians of St John Bosco;

   2. (b)

      the Sisters of Mercy;

   3. (c)

      the Sisters of St Joseph.

2. (2)

   If a ministry referred to in subsection (1) ceases to exist, the Archbishop may determine the successor to the former ministry and declare the successor ministry to be a designated ministry.

3. (3)

   If a ministry declared to be a designated ministry in substitution ceases to exist, the Archbishop may determine the successor to the substituted ministry and declare that ministry to be a designated ministry.

4. (4)

   A declaration under this section may be varied, revoked or substituted by the Archbishop by further declaration.

5. (5)

   The Archbishop must when making a determination under this section (including a determination as to whether or not to vary, revoke or substitute a declaration) have regard to the principles of canon law.

6. (6)

   The Archbishop must, as soon as practicable after making a declaration under this section, cause a copy of the declaration to be published—

   1. (a)

      in a newspaper circulating generally throughout the State; and

   2. (b)

      on the Archdiocese's website; and

   3. (c)

      in any other way that is, in the opinion of the Archbishop, appropriate.

5Amendment of section 5 – Objects of Trust

Section 5(1)(a)(ii)—delete "Convent of Mercy" and substitute:

Sisters of Mercy

6Amendment of section 7 – Membership of Trust

Section 7(1)(c) to (e)—delete paragraphs (c) to (e) (inclusive) and substitute:

1. (c)

   the Provincial, Leader or nominee of each designated ministry;