New South Wales Consolidated Acts

BAPTIST CHURCHES OF NEW SOUTH WALES PROPERTY TRUST ACT 1984 - SECT 17

17 Trust property of Baptist Union committees etc

(1) Any property that, on or after the appointed day, is vested in the Baptist Union upon trust for any committee or agency of the Baptist Union and which is required to be applied:

(a) for the benefit of any congregation, or

(b) where there is no congregation in the district in which the property is situated, for the purpose of:

(i) the public worship of God by a congregation when the congregation is formed in the district in which the property is situated,

(ii) the instruction of children or adults, or both, or

(iii) the provision of a residence for a pastor of the Baptist denomination,

shall, upon the request of the committee or agency and without any further conveyance or transfer, become vested in the Trust upon trust for that committee or agency and shall be applied for the benefit of that congregation or for that purpose, as the case may require.

(2) The Trust shall, at the request of any committee or agency of the Baptist Union, act as trustee for the committee or agency, as the case may be, in relation to the acceptance of, or the taking of title to, any property from any third party whether by way of purchase, gift, transfer, conveyance, assignment, appointment, grant, release, mortgage, lease, charge, encumbrance, easement or otherwise, where the property, when acquired, will be required to be applied exclusively as referred to in subsection (1) (a) or (b).

(3) Upon delivery at any time to the Trust of a certificate given by a committee or agency of the Baptist Union identifying any property and stating that a congregation (for whose benefit the property was, immediately before delivery of the certificate, vested in the Trust upon trust for the committee or agency) has become a Baptist Church, the Trust shall thereupon hold that property upon trust for the benefit of that Baptist Church and that property shall thereafter be managed and dealt with by the Trust in accordance with this Act.

(4) No attornment to the Trust by any lessee of property vested in it pursuant to this section shall be necessary.

(5) A request referred to in subsection (1) or (2) or a certificate referred to in subsection (3) has effect for the purposes of this section only if:

(a) the making of the request or the giving of the certificate, as the case may be, is authorised by a resolution of the committee or agency by which it is made or given,

(b) the request or certificate, as the case may be, is in writing and countersigned by the President or Vice-President for the time being of the Baptist Union, and

(c) in the case of a certificate referred to in subsection (3), the giving of which would have the effect of requiring the Trust to act as trustee in relation to property which would be subject to a trust imposed otherwise than by the operation of this Act-the certificate is given with the consent of the Trust granted with the concurrence of the Executive Committee.