New South Wales Consolidated Acts

BAPTIST CHURCHES OF NEW SOUTH WALES PROPERTY TRUST ACT 1984 - SECT 18

18 Change of trustees

(1) All property which, on or after the appointed day, is vested in any person (other than the Trust) or persons as trustee or trustees for any congregation (not being property which may be vested in the Trust pursuant to section 17) shall, upon the consent of that trustee or the majority of those trustees and of the Trust, without any further conveyance or transfer, become vested in the Trust and be held by it on behalf of that congregation.

(2) If in consequence of any disability (including, in the case of natural persons, death or absence from New South Wales) the consent of a trustee cannot be obtained for the purposes of subsection (1), the President for the time being of the Baptist Union may consent in place of the trustee, and, in any such case, the consent of the President shall, for the purposes of that subsection, be deemed to be the consent of the trustee.

(3) The consent of a trustee or of the President shall be deemed not to have been given for the purposes of subsection (1) with respect to any property actually used, occupied or enjoyed by any congregation having a roll or register of church membership, unless the consent is given at the direction of the congregation.

(4) A notice signed by 2 members for the time being of the Trust, to the effect that a trustee or the President for the time being of the Baptist Union in place of any trustee has, for the purposes of this section, consented to the property mentioned in the notice becoming vested in the Trust and:

(a) that the property was not actually used, occupied or enjoyed by any congregation when that consent was given, or

(b) that the property was actually used, occupied or enjoyed by a congregation and that, in pursuance of a direction duly made by that congregation, the trustee, or the President in his or her place, consented to its becoming vested in the Trust,

shall be prima facie evidence of the matters alleged in the notice.

(5) All property which becomes vested in the Trust under this section shall, from the date of its so vesting, cease to be held upon the trusts to which prior to that vesting it was subject, and shall be held, managed and dealt with by the Trust in accordance with this Act.

(6) The vesting effected by this section shall be without prejudice to any reservation, mortgage, charge, encumbrance, lien or lease that, immediately before the vesting, affected the property so vested.