Roman Catholic Church Property Act 1932 (TAS)

Roman Catholic Church Property Act 1932

An Act to consolidate and amend the law relating to the property and the commercial activities of the Roman Catholic Church in Tasmania

[Royal Assent 23 December 1932]

[The preamble Amended by No. 12 of 2005, s. 5, Applied:06 May 2005] Whereas it is desirable that the trustees of the property of the Roman Catholic Church in Tasmania should be constituted a body corporate and that the trustees should be empowered to dispose of any property vested in them and to conduct any commercial activities without obtaining the authority of Parliament for that purpose:And whereas it would be convenient to consolidate and set forth in one enactment the law relating to the property and the commercial activities of the said Church in this State:

Be it therefore 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:

1Short titleThis Act may be cited as the Roman Catholic Church Property Act 1932 . 2RepealThe Acts set forth in the schedule are hereby repealed. 3InterpretationIn this Act, unless the contrary intention appears – the Archbishop means the Roman Catholic Archbishop of Hobart for the time being; and in the case of the absence of the Archbishop from the Commonwealth or of a vacancy in the office of Archbishop includes the Chief Ecclesiastical Authority of the Roman Catholic Church in this State; [Section 3 Amended by No. 12 of 2005, s. 6, Applied:06 May 2005] [Section 3 Amended by No. 12 of 2005, s. 6, Applied:06 May 2005] body corporate means the Roman Catholic Church Trust Corporation of the Archdiocese of Hobart as continued under section 4 ; [Section 3 Amended by No. 12 of 2005, s. 6, Applied:06 May 2005] trustee means a trustee appointed or continued in office under section 4 . 4Constitution of body corporate as Roman Catholic Church Trust Corporation of the Archdiocese of Hobart [Section 4 Substituted by No. 12 of 2005, s. 7, Applied:06 May 2005] (1)  The body corporate constituted under section 4 of this Act, as in force immediately before the commencement of the Roman Catholic Church Property Amendment Act 2005 , continues and is to be known as the "Roman Catholic Church Trust Corporation of the Archdiocese of Hobart". (2)  The body corporate has perpetual succession and a common seal. (3) The body corporate consists of three trustees appointed by the Archbishop. (4) The Archbishop, at any time, may remove a trustee. (5) The Archbishop may appoint another trustee in the place of a trustee – (a) who has been removed under subsection (4) ; or (b) who has died. (6)  The seal of the body corporate is to be affixed in the presence of at least two trustees who are to sign their names to the instrument to which the seal has been affixed. (7)  Except as provided in subsection (4) , this section does not affect the tenure or term of office of a person who immediately before the commencement of this section was a trustee. 5Vesting of Church property in trustees [Section 5 Amended by No. 36 of 1958, s. 5 ] (1)  [Section 5 Subsection (1) amended by No. 12 of 2005, s. 8, Applied:06 May 2005] All real and personal property of every description now vested in or held by– (a) [Section 5 Subsection (1) amended by No. 12 of 2005, s. 8, Applied:06 May 2005] the body corporate; or (b) any person upon trust for the said Church– shall, by force of this Act and without any conveyance, transfer or assignment, be vested in the body corporate for all the estate and interest therein respectively of the body corporate or person by whom the same was held before the commencement of this Act, and shall be held by the body corporate, together with any property vested in or acquired by it after the commencement of this Act, subject to any special trusts affecting the same or any part thereof, on trust for the said Church. (2)  [Section 5 Subsection (2) amended by No. 12 of 2005, s. 8, Applied:06 May 2005] [Section 5 Subsection (2) amended by No. 19 of 1980, s. 171 and Sched. 1, Pt II ]The body corporate shall be deemed to be the registered proprietors of such portions of the said property as are subject to the provisions of the Land Titles Act 1980 , and the Recorder of Titles, upon the application of the body corporate under their common seal, and upon proof to his satisfaction of the identity of any such portion of the said property shall issue to the body corporate such instruments of title as are by the said Act provided for. 6Power of body corporate [Section 6 Amended by No. 36 of 1958, s. 5 ][Section 6 Substituted by No. 12 of 2005, s. 9, Applied:06 May 2005] (1)  The body corporate has all the powers of a natural person, including (without limitation) the power – (a) to purchase, take on lease or acquire by gift, devise, bequest, exchange or otherwise any real or personal property; and (b) to conduct any commercial activities which are, or may be, for the benefit of the Roman Catholic Church or of any order, congregation, community or association of the Roman Catholic Church; and (c) by itself, or by a person authorised in writing in that behalf under its common seal, to deal with and dispose of money, choses in action and choses in possession at any time vested in it or in any person on its behalf; and (d) by itself, or by a person authorised in writing in that behalf under its common seal, to draw, make, accept, endorse and discount promissory notes, bills of exchange and other negotiable or transferable securities or instruments; and (e) to do and perform all acts, matters and things and make and execute all contracts, documents, writings and assurances that in its opinion are, or may be, for its benefit or the benefit of the Roman Catholic Church; and (f) to borrow money on the security of personal property or without security on any terms and conditions as the body corporate considers desirable; and (g) in respect of real and personal property outside Tasmania at any time vested in or owned by it, to delegate by writing under its common seal to an attorney all or any of the powers conferred by this section; and (h) to execute any document and to do any other thing the execution or doing of which, in its opinion, is necessary or convenient to achieve its objects. (2) The Archbishop, on any terms and conditions and in any manner as he thinks fit, may direct the sale, lease, exchange, mortgage or other disposition of any property vested in the body corporate, and may alter or revoke the direction. (3)  This section does not authorise the sale, lease or other disposition of any part of a cemetery or place for the interment of the dead which may be vested in the Roman Catholic Church in Tasmania, or in any person or persons in trust for that Church, in which any interment may have taken place. 7Trusts for Church purposes [Section 7 Amended by No. 36 of 1958, s. 5 ][Section 7 Amended by No. 12 of 2005, s. 10, Applied:06 May 2005] Where any property is vested in the body corporate to be held on trust for the said Church, and such property is not subject to any special trust, that property shall be held, dealt with, and managed by the body corporate in such manner as the Archbishop may direct. 8Directions, &c., by Archbishop (1) Where by this Act the Archbishop is empowered to give any direction, or to appoint or remove any person as a trustee, any such direction, appointment, or removal shall be by instrument in writing under his hand and seal. (2)  The production of any such instrument shall be evidence in all legal proceedings of the direction, appointment, or removal, as the case may be. 9Reference to Church and ArchbishopWhere in any Act or in any document any reference is made to – (a) "the Church of Rome"; or (b) "the Bishop of the Church of Rome" –or any expression of similar meaning is used, such reference or expression shall be construed as a reference to – (c) the Roman Catholic Church in Tasmania; or (d) the Archbishop – as the case may be. Schedule 1

Section 2

Regnal year and number	Title of Act
27 Vict. No. 16	Church of Rome Trustee Act
53 Vict. No. 46	Roman Catholic Church Trustee Amendment Act 1889
55 Vict. No. 70	An Act to authorize the Trustees of the Roman Catholic Church in Tasmania to dispose of Land in the Townships of Oatlands and Devonport, and to lease Land in Glebe Town
6 Edw. VII (Private)	Roman Catholic Church Property Disposal Act 1906
9 Edw. VII (Private)	Roman Catholic Church Property Disposal Act 1909
6 Geo. V (Private)	Roman Catholic Church Property Disposal Act 1915
9 Geo. V (Private)	Roman Catholic Church Property Disposal Act 1918
11 Geo. V (Private)	Roman Catholic Church Property Disposal Act 1920
14 Geo. V (Private)	Roman Catholic Church Property Disposal Act 1923
19 Geo. V No. 47	Roman Catholic Church Property Disposal Act 1928