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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Roman Catholic Church Communities'
Lands Amendment Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Roman Catholic Church Communities'
Lands Act 1942 No 23 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Roman Catholic Church Communities'
Lands Amendment Bill 2001
Act No , 2001
An Act to amend the Roman Catholic Church Communities' Lands Act 1942 so as
to provide for the voluntary or compulsory winding up of bodies corporate created
by the Act; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Roman Catholic Church Communities' Lands Amendment Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Roman Catholic Church Communities' Lands
Amendment Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Roman Catholic Church Communities' Lands Act 1942
No 23
The Roman Catholic Church Communities' Lands Act 1942 is
amended as set out in Schedule 1.
Page 2
Roman Catholic Church Communities' Lands Amendment Bill 2001
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 2 Definitions
Insert in alphabetical order in section 2 (1):
Assets means any legal or equitable estate or interest (whether
present or future and whether vested or contingent) in real or
personal property of any description (including money), and
includes securities, choses in action and documents.
Court means the Supreme Court.
Liabilities means any liabilities, debts or obligations (whether
present or future and whether vested or contingent).
Member of a body corporate that is the trustee of community
land for a community means:
(a) the Provincial for the community, and
(b) the community consultors for the community.
Relevant diocese in relation to a body corporate means the
Diocese within which the principal site or house in New South
Wales of the community of whose land the body corporate is
or was the trustee is or was last situated.
Rights means any rights, powers, privileges or immunities
(whether present or future and whether vested or contingent).
[2] Section 2 (1), definition of "community consultors"
Insert "governing" before "council".
[3] Section 2 (1), definition of "Provincial" and section 2 (2) (a) (i)
Insert ", Leader" after "Superior" wherever occurring.
[4] Sections 2, 4 (2) and 8 (4) and (5)
Omit "the Second Schedule" wherever occurring.
Insert instead "Schedule 2".
Page 3
Roman Catholic Church Communities' Lands Amendment Bill 2001
Schedule 1 Amendments
[5] Section 2 (2) (b)
Omit "The Second Schedule". Insert instead "Schedule 2".
[6] Sections 9 (1) and 14 (1)
Omit "the First Schedule" wherever occurring. Insert instead "Schedule 1".
[7] Section 19 Exemption from duty
Omit "section 8" from section 19 (1) (a).
Insert instead "section 8, 22 or 23".
[8] Section 19 (1) (b)
Omit "that section". Insert instead "those sections".
[9] Section 19
Insert "and duty under the Duties Act 1997" after "stamp duty" wherever
occurring.
[10] Sections 2027
Insert after section 19:
20 Voluntary winding up
(1) A body corporate created by this Act may be voluntarily wound
up under this section if:
(a) a notice of the proposed voluntary winding up of the
body corporate is published in a newspaper circulating
in the relevant diocese, and
(b) at least one month after that notice is published at least
75 per cent of the members of the body corporate have
passed a resolution in favour of voluntary winding up,
and
(c) the Bishop of the relevant diocese has issued a
certificate under the Bishop's hand and seal:
(i) approving the voluntary winding up of the body
corporate, and
Page 4
Roman Catholic Church Communities' Lands Amendment Bill 2001
Amendments Schedule 1
(ii) certifying that the requirements of this
subsection have been satisfied in relation to the
body corporate.
(2) Except with the leave of the Court, the members of a body
corporate cannot resolve that it be wound up voluntarily if
proceedings for the body corporate to be wound up by the
Court under section 21 have been commenced and have not
been finally determined.
(3) A body corporate is not authorised to acquire any assets or
incur any liabilities after the passing of a resolution under
subsection (1) (b) that it be wound up voluntarily. However, the
corporate status and other corporate powers of the body
corporate continue until it is wound up under this section.
(4) If the Bishop has certified that all of the requirements of
subsection (1) have been satisfied in relation to a body
corporate, the body corporate must be wound up.
(5) The Bishop who approves a voluntary winding up of a body
corporate must ensure that notice of the winding up of a body
corporate under the Corporations Law is published in a
newspaper circulating in the relevant diocese.
(6) Subsection (3) ceases to apply if the Bishop decides not to
approve a voluntary winding up.
21 Winding up by the Court
(1) The Court may order the winding up of a body corporate
created by this Act if:
(a) at least 75 per cent of the members of the body
corporate have passed a resolution in favour of winding
up by the Court, or
(b) the community of whose land the body corporate is the
trustee has suspended its operations or religious duties,
or both, for a continuous period of not less than 12
months (whether before or after the commencement of
this section) immediately before the order is made, or
(c) the body corporate is unable to meet its liabilities, or
(d) the Court is otherwise of the opinion that it is just and
equitable that the body corporate be wound up.
Page 5
Roman Catholic Church Communities' Lands Amendment Bill 2001
Schedule 1 Amendments
(2) An application to the Court for the winding up of a body
corporate may be made by:
(a) the body corporate (but only if a resolution is passed by
at least 75 per cent of the members of the body
corporate in favour of making the application), or
(b) the Bishop of the relevant Diocese.
22 Procedure for winding up
(1) Except as provided by this Act or by the regulations:
(a) a body corporate may be wound up under this Act in
the same manner as a company registered under the
Corporations Law, and
(b) Chapter 5 of the Corporations Law applies with respect
to the winding up of a body corporate under this Act in
the same way as it applies to the winding up of a
company registered under that Law, and
(c) a winding up under this Act takes effect at the time
specified under Chapter 5 of the Corporations Law.
(2) The provisions of Chapter 5 of the Corporations Law apply to
and in respect of any winding up of a body corporate with any
modifications, including modifications by way of addition to or
exclusion of those provisions, that may be prescribed by the
regulations.
(3) A past or present member of a body corporate is not liable to
pay the body corporate's liabilities on the winding up or the
costs, charges or expenses of the winding up.
23 Distribution of surplus property
(1) Despite the provisions of the Corporations Law and any other
Act or law, if there is property of a former body corporate after
the body corporate is wound up, the liquidator must transfer the
property to another body corporate created by this Act, or under
the Roman Catholic Church Trust Property Act 1936, specified
in writing by the Bishop of the relevant Diocese of the wound
up body corporate.
(2) The Bishop of the relevant Diocese must inform the Attorney
General of that transfer.
Page 6
Roman Catholic Church Communities' Lands Amendment Bill 2001
Amendments Schedule 1
(3) The transfer of property under this section does not affect any
trust on which the assets were held immediately before the
distribution, and any such trust continues.
(4) To the extent to which it is possible or expedient, a person or
body to whom property was transferred under this section
must, if the property concerned was transferred or given on
trust for any purpose, hold that property as nearly as may be
possible for that purpose.
24 Vesting of assets after winding up of body corporate
(1) To the extent to which any assets:
(a) are given to a body corporate that has been wound up
under this Act, or to a person for the benefit of that
body corporate, or
(b) are payable to, or recoverable by, the body corporate or
any person on behalf of the body corporate,
by or under an instrument that takes effect on or after the date
on which the body corporate is wound up, a reference in the
instrument to the body corporate is to be treated as a reference
to the Bishop of the relevant Diocese.
(2) In this section:
instrument means an instrument (other than this Act) that
creates, modifies, or extinguishes rights or liabilities (or would
do so if lodged, filed or registered in accordance with any law),
and includes any will or any judgment, order or process of a
court or tribunal.
25 Application to Court
The Bishop of the relevant Diocese, or any other interested
person who has leave of the Court, may apply to the Court:
(a) to determine any question arising in the winding up of
a body corporate under this Act, or in the application of
the Corporations Law to the winding up, or
(b) to exercise all or any of the powers that the Court might
exercise if the body corporate were being wound up by
the Court.
Page 7
Roman Catholic Church Communities' Lands Amendment Bill 2001
Schedule 1 Amendments
26 Amendment of Act following winding up
The Governor may, by proclamation published in the Gazette,
amend sections 2 and 4, or Schedule 2, as the case requires, to
omit the corporate name of a body corporate that has been
wound up under this Act and the canonical name of the
relevant community.
27 Regulations
The Governor may make regulations, not inconsistent with this
Act, for or with respect to any matter that by this Act is
required or permitted to be prescribed or that is necessary or
convenient to be prescribed for carrying out or giving effect to
this Act.
[11] First Schedule
Omit "First Schedule" from the heading to the Schedule.
Insert instead "Schedule 1".
[12] Second Schedule
Omit "Second Schedule" from the heading to the Schedule.
Insert instead "Schedule 2".
Page 8
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