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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Russian Orthodox Church Property
Trust Amendment Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Russian Orthodox Church Property Trust
Act 1991 No 91 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
Russian Orthodox Church Property
Trust Amendment Bill 2001
Act No , 2001
An Act to amend the Russian Orthodox Church Property Trust Act 1991 to make
further provision for the vesting of property in the Trust established by that 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 Russian Orthodox Church Property Trust Amendment Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Russian Orthodox Church Property Trust Amendment
Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Russian Orthodox Church Property Trust Act 1991
No 91
The Russian Orthodox Church Property Trust Act 1991 is amended as
set out in Schedule 1.
Page 2
Russian Orthodox Church Property Trust Amendment Bill 2001
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Long title
Omit "Russian Orthodox Church Outside of Russia in Australia and New
Zealand Property Trust".
Insert instead "Russian Orthodox Church (NSW) Property Trust".
[2] Section 1
Omit the section. Insert instead:
1 Name of Act
This Act is the Russian Orthodox Church (NSW) Property
Trust Act 1991.
[3] Section 3 Definitions
Omit section 3 (1). Insert instead:
(1) In this Act:
Board means the Board referred to in section 4.
Church or Russian Orthodox Church means the Russian
Orthodox Church Outside of Russia.
conveyance includes transfer, assignment and assurance.
Diocesan Council means the Diocesan Council of the Diocese
established in accordance with the Statute.
Diocese means the Australian and New Zealand Diocese of the
Church. The Diocese is an inseparable part of the Church
governed in accordance with the Statute.
Parish means a Parish within the Diocese, established in
accordance with the Statute.
Parish By-laws means the by-laws governing a Parish in
accordance with the Statute.
property means property in New South Wales.
Page 3
Russian Orthodox Church Property Trust Amendment Bill 2001
Schedule 1 Amendments
Ruling Bishop means the Ruling Bishop for the time being of
the Diocese appointed in accordance with the Statute.
the Association means the association incorporated in New
South Wales under the name "The Trustees of the Russian
Orthodox Church Outside of Russia in Australia".
the Statute means the document entitled "Diocesan Statute of
the Australian and New Zealand Diocese of the Russian
Orthodox Church Abroad (in Exile) approved by the Bishops'
Synod of this Church at New York now known as the Russian
Orthodox Church Outside of Russia by the decisions of
27th February 1957, 22nd August 1957 and 24th March 1959",
as that document may from time to time be amended, and
includes any document that may replace that document in
accordance with the laws of the Church.
Trust means the Russian Orthodox Church (NSW) Property
Trust constituted by this Act.
trust property means property held by the Trust.
[4] Section 3 (3)
Insert after section 3 (2):
(3) This Act applies, and is taken always to have applied, only to
property in New South Wales.
[5] Section 4
Omit the section. Insert instead:
4 Constitution of the Trust as a corporation
(1) There is constituted by this Act a corporation under the
corporate name of the Russian Orthodox Church (NSW)
Property Trust.
(2) The Trust is to have a Board comprising the members for the
time being of the Diocesan Council. The Board is to conduct
the affairs of the Trust, and anything done in the name of or on
behalf of the Trust by or with the authority of the Board is
taken to have been done by the Trust.
(3) The secretary for the time being of the Diocesan Council is to
be the secretary of the Trust.
Page 4
Russian Orthodox Church Property Trust Amendment Bill 2001
Amendments Schedule 1
(4) The quorum for a meeting of the Board is 7 members including
the Ruling Bishop.
(5) A decision supported by a majority of the votes (one of that
majority being the vote of the Ruling Bishop) cast at a meeting
of the Board at which a quorum is present is the decision of the
Board.
(6) The Board may, if it thinks fit, transact any of its business at a
meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if
any member who speaks on a matter before the meeting can be
heard by the other members. A member who participates in a
meeting in that way is taken to be present at the meeting.
[6] Section 5 Functions of the Trust
Omit section 5 (1) (a). Insert instead:
(a) to purchase, exchange, take on lease, hold, dispose of
and otherwise deal with property as trustee for, or for
the purposes of, the Diocese in the case of property that
is vested in the Trust in trust for the Diocese,
(a1) to purchase, exchange, take on lease, hold, dispose of
and otherwise deal with property as trustee for, or for
the purposes of, a Parish in the case of property that is
vested in the Trust in trust for the Parish,
[7] Section 5 (1) (c)
Omit the paragraph. Insert instead:
(c) to borrow or lend money for the purposes of the Diocese or for
the purposes of a Parish,
[8] Section 5 (1A)
Insert after section 5 (1):
(1A) In exercising its functions under this Act, the Trust must at all
times act in a manner consistent with the Statute and (to the
extent that the exercise of a function relates to property held in
trust for a Parish) in a manner consistent with the Parish By-
laws of the Parish.
Page 5
Russian Orthodox Church Property Trust Amendment Bill 2001
Schedule 1 Amendments
[9] Section 6 Trust may make by-laws
Omit section 6 (1). Insert instead:
(1) The Trust may make by-laws, not inconsistent with this Act or
with the Statute, with respect to trust property and with respect
to the procedure of the Board for conducting the affairs of the
Trust.
[10] Section 10 Trust may make advances
Omit "Church" from section 10 (1). Insert instead "Diocese or of a Parish".
[11] Section 10 (3)
Omit "Church". Insert instead "Diocese or of the Parish".
[12] Section 11 Arrangements for other churches to use trust property
Omit the section.
[13] Section 12 Trusts may be varied
Omit "Church" from section 12 (5). Insert instead "Diocese or of a Parish".
[14] Section 13 Trust may act as executor etc
Omit "Church" from section 13 (1) (a). Insert instead "Diocese or a Parish".
[15] Section 13 (1) (b)
Omit "Church". Insert instead "Diocese or of a Parish".
[16] Section 14 Trust may make claims for compensation on compulsory
acquisition etc
Omit "Church". Insert instead "Diocese or of a Parish".
Page 6
Russian Orthodox Church Property Trust Amendment Bill 2001
Amendments Schedule 1
[17] Section 15 Vesting of property in the Trust
Omit section 15 (1). Insert instead:
(1) Any property that was, immediately before the commencement
of the 2001 amendment, vested in the Association or in any
other person in trust for the Diocese or for a Parish is, on that
commencement, divested from the Association or that person
and is, to the extent that it was so vested, vested (without
conveyance) in the Trust:
(a) in trust for the Diocese (in the case of property that was
so vested in trust for the Diocese), or
(b) in trust for the Parish concerned (in the case of property
that was so vested in trust for a Parish).
(1A) In subsection (1), the 2001 amendment means the substitution
of that subsection by the Russian Orthodox Church Property
Trust Amendment Act 2001.
[18] Section 16
Omit the section. Insert instead:
16 Vesting of other property in the Trust
(1) To the extent to which an instrument (including a will)
provides for any property (other than property to which section
15 applies):
(a) to be given to the Church, to the Diocese or to a Parish,
or to a person (other than the Trust) for the benefit of
the Church, of the Diocese or of a Parish, or
(b) to be payable to, or receivable by, the Church, the
Diocese or a Parish, or any person (other than the Trust)
on behalf of the Church, of the Diocese or of a Parish,
or
(c) to be recoverable by the Church, by the Diocese or by
a Parish, or by any person (other than the Trust) for the
Church, for the Diocese or for a Parish,
a reference in the instrument to the Church, to the Diocese, to
a Parish, or to that person, is taken to be a reference to the
Trust.
Page 7
Russian Orthodox Church Property Trust Amendment Bill 2001
Schedule 1 Amendments
(2) To the extent to which an instrument referred to in subsection
(1) refers to the Church, the Trust may, for the purpose of
determining whether the property concerned is held by the
Trust in trust for the Diocese or for a Parish, determine whether
that reference should be read as a reference to the Diocese or
to a particular Parish or Parishes. Such a determination has
effect accordingly.
[19] Section 18 How the Trust may execute certain documents
Omit section 18 (3).
[20] Section 20 Evidence of certain matters relating to the Trust
Omit "Church" from section 20 (1). Insert instead "Diocese or for a Parish".
[21] Schedule 1 Savings and transitional provisions
Insert before clause 1:
Part 1 Provisions consequent on enactment of Act
[22] Schedule 1, clause 1
Omit the clause. Insert instead:
1 Definitions
In this Schedule:
former trustee means the Association or any other person in
whom, immediately before the vesting day, property was vested
in trust for the Church, for the Diocese or for a Parish.
the 2001 amending Act means the Russian Orthodox Church
Property Trust Amendment Act 2001.
vesting day means the day on which property vests in the Trust
in accordance with section 15, being:
(a) in the case of property that vested in accordance with
that section as originally enacted--the appointed day
under this Act as originally enacted, or
Page 8
Russian Orthodox Church Property Trust Amendment Bill 2001
Amendments Schedule 1
(b) in the case of property that vests in accordance with that
section as amended by the 2001 amending Act--the day
on which that amendment commences.
[23] Schedule 1, clause 2 Provisions relating to property vested in the Trust
under section 15
Omit "appointed day" wherever occurring. Insert instead "vesting day".
[24] Schedule 1
Insert at the end of the Schedule:
Part 2 Provisions consequent on enactment of
Russian Orthodox Church Property Trust
Amendment Act 2001
3 Change of name of Trust
(1) The Russian Orthodox Church (NSW) Property Trust is a
continuation of and the same legal entity as the Russian
Orthodox Church Outside of Russia in Australia and New
Zealand Property Trust as constituted by this Act immediately
before the commencement of this clause.
(2) Subclause (1) does not affect the operation of section 53
(Alterations of names and constitutions) of the Interpretation
Act 1987.
4 Previous operation of section 15
The amendment of section 15 by the 2001 amending Act does
not affect the previous operation of that section.
Page 9
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