Untitled document

Free Presbyterian Church Property Amendment Act 2012

No. 67 of 2012

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Principal Act

Part 2—Amendment of the Free Presbyterian Church Property Act 1953

4Short title

5Incorporation

6Section 4 repealed

7Vesting of real property on appointed day

8Trusts on which real property held

9Section 10 substituted

10Notices etc.

10New sections 11, 12, 13, 14 and 15 inserted

11Body corporate may apply for probate or act as executor or trustee

12Power to pool money held in trust for investment

13Advances of money held in trust

14Use of property under schemes of co‑operation

15Construction of references to Free Presbyterian Church Property Act 1953

11Schedule repealed

Part 3—Repeal of Amending Act

12Repeal of amending Act

═══════════════

Endnotes

Free Presbyterian Church Property Amendment Act 2012

No. 67 of 2012

[Assented to 20 November 2012]

Preamble

In 1953, the Free Presbyterian Church of Victoria was received into the Presbyterian Church of Eastern Australia.

The Free Presbyterian Church Property Act 1953 established The Trustees for Victoria of the Presbyterian Church of Eastern Australia to hold the property of the Free Presbyterian Church of Victoria in connection with the Presbyterian Church of Eastern Australia.

Amendment of the Free Presbyterian Church Property Act 1953 is required to allow for the more efficient use and management of the property held in trust by The Trustees for Victoria of the Presbyterian Church of Eastern Australia. Amendment is also required to alter the title to that Act, to reflect the change in the title of the Church and to make any other changes that are necessary to remove redundant and unnecessary provisions.

The Parliament of Victoria therefore enacts:

Part 1—Preliminary

1Purpose

The purpose of this Act is to amend the Free Presbyterian Church Property Act 1953 to—

(a)confer additional powers on The Trustees for Victoria of the Presbyterian Church of Eastern Australia;

(b)amend the title to the Act;

(c)repeal redundant provisions of the Act.

2Commencement

This Act comes into operation on the day after the day on which this Act receives the Royal Assent.

3Principal Act

In this Act, the Free Presbyterian Church Property Act 1953 is called the Principal Act.

__________________

Part 2—Amendment of the Free Presbyterian Church Property Act 1953

4Short title

In section 1 of the Principal Act, for "Free Presbyterian Church Property" substitute "Presbyterian Church of Eastern Australia Property".

5Incorporation

(1)For section 3(10) of the Principal Act, substitute—

"(10)A Trustee holds office until his office becomes vacant under subsection (11).".

(2)Section 3(12) of the Principal Act is repealed.

6Section 4 repealed

Section 4 of the Principal Act is repealed.

7Vesting of real property on appointed day

(1)Insert the following heading to section 5 of the Principal Act—

Property held on trust"".

(2)Section 5(1) of the Principal Act is repealed.

(3)At the foot of section 5(2) of the Principal Act, insert—

"Note

The Schedule to this Act was repealed by the Free Presbyterian Church Property Amendment Act 2012.".

(4)Section 5(7) of the Principal Act is repealed.

8Trusts on which real property held

(1)Section 6(1) of the Principal Act is repealed.

(2)At the foot of section 6(2) of the Principal Act, insert—

"Note

The Schedule to this Act was repealed by the Free Presbyterian Church Property Amendment Act 2012.".

9Section 10 substituted

For section 10 of the Principal Act, substitute—

10Notices etc."

All communications and notices to the body corporate may be addressed to it at the premises known as the Presbyterian Church of Eastern Australia, 358 Mountain Highway, Wantirna 3152 or at any premises specified by the Synod from time to time for that purpose by a notice signed by the Clerk of the Synod and published in the Government Gazette.".

10New sections 11, 12, 13, 14 and 15 inserted

After section 10 of the Principal Act, insert—

11Body corporate may apply for probate or act as executor" or trustee

(1)The body corporate may—

(a)apply for and obtain, or join in applying for and obtaining, probate of the will or letters of administration of the estate of a deceased person if the Church has a beneficial interest, whether vested or contingent, in the estate of that person; or

(b)accept appointment and act as trustee or co-trustee of any trust if the trust property is not vested in the body corporate under this Act and—

(i)the trust was created wholly or partly for the benefit of the Church; or

(ii)the purpose or one of the purposes for which the trust was created relates to the Church.

(2)The body corporate may do all things necessary to exercise its powers and functions as executor, administrator or trustee under this section.

(3)Any person, if authorised by the body corporate for the purpose, may on behalf of the body corporate swear an affidavit, make a declaration or statement, execute a document, give security or do any other thing that is required to be done by a person applying for or granted probate or letters of administration or administering a trust.

(4)The body corporate may—

(a)renounce executorship;

(b)decline to act as administrator of an estate;

(c)retire or decline to act as trustee of property, other than property vested in the body corporate under this Act.

(5)Any commission earned by the body corporate as an executor, administrator or trustee under this section belongs to the body corporate and must be used and applied by the body corporate for any object specified or approved by the Synod.

12Power to pool money held in trust for investment

(1)Subject to the provisions of the relevant trust instrument, the body corporate may from time to time invest as one fund any money it holds in trust for different purposes, or any part of that money.

(2)The body corporate must distribute any income arising from the investment of the fund referred to in subsection (1) rateably among the several purposes for which the money invested is held in trust.

(3)The body corporate must ensure that any loss arising from the investment of the fund referred to in subsection (1) is borne rateably among the several purposes for which the money invested is held in trust.

13Advances of money held in trust

(1)The body corporate may make advances from the fund referred to in section 12(1) for any activity, service, institution or interest of the Church.

(2)Money advanced under subsection (1) is taken to be an investment of that money and must bear interest at a rate fixed by the body corporate.

(3)If the body corporate makes an advance under subsection (1), the sum advanced and the interest charged on the sum are taken to be a charge on the assets held by the body corporate for the activity, service, institution or interest of the Church in respect of which the advance was made.

14Use of property under schemes of co‑operation

(1)With the permission of the Synod, the body corporate may enter into a scheme of co-operation.

(2)Subject to any express trust or a condition specified under subsection (5), the body corporate may permit property that is vested in the body corporate to be used, managed or administered in accordance with a scheme of co-operation.

(3)Subject to any express trust or a condition specified under subsection (5), the body corporate may give or take a security or charge over property in respect of which contributions are made or received under a scheme of co-operation.

(4)For the purposes of subsections (2) and (3), property is not to be taken as subject to an express trust that prevents the property being used, managed or administered in accordance with a scheme of co-operation or being subject to a security or charge merely because the property was directed to be held for worship within or for the purposes of the Church.

(5)The Synod may specify conditions for a scheme of co-operation, including but not limited to conditions with respect to—

(a)making contributions for the acquisition, construction, alteration, maintenance or repair of property vested in or held on behalf of the body corporate or a co-operating church or its congregation;

(b)giving or taking securities or charges over property in respect of which contributions are made or received under the scheme.

(6)If, under a scheme of co-operation, any proceeds result from the sale or mortgage of or any other dealing with property vested in the body corporate, the body corporate must apply the proceeds in a manner determined by the Synod.

(7)In this section—

co-operating church means the church of another denomination with which the Church has entered into or is involved in a scheme of co-operation;

scheme of co-operation means a scheme entered into by the Church that—

(a)is entered into with or involves a church of another denomination or involves an activity of a church of another denomination; and

(b)involves the use or administration of property vested in the body corporate that is specified in the scheme.

15Construction of references to Free Presbyterian Church Property Act 1953

On and from the commencement of the Free Presbyterian Church Property Amendment Act 2012, unless the contrary intention appears, a reference in any Act, subordinate instrument, agreement or other document to the Free Presbyterian Church Property Act 1953 is to be construed as a reference to the Presbyterian Church of Eastern Australia Property Act 1953.".

11Schedule repealed

The Schedule to the Principal Act is repealed.

__________________

Part 3—Repeal of Amending Act

12Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════

Endnotes

Minister's second reading speech—

Legislative Assembly: 15 August 2012

Legislative Council: 13 September 2012

The long title for the Bill for this Act was "A Bill for an Act to amend the Free Presbyterian Church Property Act 1953 to confer additional powers on the Trustees for Victoria of the Presbyterian Church of Eastern Australia, to alter the title to that Act and for other purposes."