New South Wales Consolidated Acts

ANGLICAN CHURCH OF AUSTRALIA TRUST PROPERTY ACT 1917 - SECT 27A

27A Certain directions may be given by resolution

(1) This section applies to the Diocese of Sydney but does not apply to any other diocese until an ordinance of the synod of that other diocese is published in the Gazette under the hand of the Bishop declaring that this section applies to that other diocese.

(2) Subject to this section, where the synod of a diocese to which this section applies is authorised by section 26, 26A or 27 to give a direction for or with respect to a mortgage, the direction may be given instead:

(a) by resolution of its synod or of the standing committee of its synod, and

(b) in the case of the Diocese of Sydney-also by resolution of the Sydney Church of England Finance and Loans Board,

being, in either case, a resolution that does not contravene or fail to comply with any ordinance referred to in subsection (3) or (4) that is applicable.

(3) A direction may not be given under subsection (2) where:

(a) the same direction, if given by ordinance under section 26, would require a consent referred to in that section before it could be assented to, and

(b) that consent has not been given.

(4) The synod of a diocese may, by ordinance, restrict or regulate the right of its members and of the members of its standing committee to move a resolution referred to in subsection (2) and prescribe the form that any such resolution shall take, and the synod of the Diocese of Sydney may similarly restrict, regulate and prescribe in relation to the Sydney Church of England Finance and Loans Board.

(5) A resolution passed under subsection (2) shall be certified:

(a) by the Registrar of the diocese for which is held the church trust property to which the resolution relates or by a person for the time being acting in that office, or

(b) by a secretary of the synod of that diocese or by a person for the time being acting in that office.