New South Wales Consolidated Acts

BAPTIST CHURCHES OF NEW SOUTH WALES PROPERTY TRUST ACT 1984 - SECT 22

22 Duties and powers of the Trust, generally

(1) Subject to this Act, in the exercise of its functions under this Act, the Trust may request the direction of the Executive Committee and act upon any such direction, if given.

(2) Subject to this Act and to the terms of any trust to which trust property is subject, the Trust may:

(a) erect buildings or permit buildings to be erected on land which is trust property,

(b) permit buildings erected on any such land to be used for any one or more of the objects prescribed by subsection (3),

(c) subject to subsection (4), repair, alter, enlarge, demolish or partially or wholly rebuild any building erected on any such land,

(d) permit a person to officiate as pastor in any church erected upon any such land, but only if:

(i) the person is of the Baptist denomination and holds as general tenets the doctrines set forth in Schedule A to the Incorporation Act, and

(ii) except in the case of a pastor appointed before the appointed day, the person has been chosen by the congregation which for the time being worships in the church and, in any case, has not been removed from the office of pastor by that congregation,

(e) notwithstanding paragraph (d), permit an occasional minister or other person to officiate in any such church, but only if:

(i) the pastor or the deacons of the church concurs or concur, or

(ii) where there is no pastor and are no deacons of the church, the officer nominated from among its own members by the congregation which for the time being worships in the church concurs,

(f) borrow or raise money by granting a legal or an equitable mortgage over any trust property or part of trust property or by making, endorsing or dealing with any negotiable instrument but, where the money is borrowed or raised at the direction of a congregation, only in such amounts and for such one or more of the purposes prescribed by subsection (5) as may be directed by the congregation, being purposes which are for the benefit of:

(i) the congregation giving the direction,

(ii) another congregation or other congregations, any District Association or the Baptist Union or any of its committees or agencies, or

(iii) a corporation, the objects of which are not inconsistent with the general objects of the Baptist Union, being a corporation the memorandum or articles of association or other constitution of which provides or provide that a person is not eligible for membership of the corporation unless that person is a member of the congregation giving the direction, that a person ceases to be a member of the corporation if that person ceases to be a member of the congregation giving the direction, that only a member of the corporation may be a director or other officer of the corporation and that no alteration or amendment to its memorandum or articles of association or other constitution can take effect without the consent in writing of the Trust,

(g) sell any trust property or part thereof by public auction or private contract, or partly in each mode, or exchange trust property or part thereof for other property but, where the property is held on behalf of a congregation, only in such manner, upon such terms and subject to such conditions as to title or otherwise as may be directed by the congregation, and demise trust property or any part thereof but, where the property is so held, only for such period, at such rent and upon such terms and conditions as may be directed by the congregation,

(h) invest or otherwise deal with or dispose of trust property which is not land but, where the property is held on behalf of a congregation, only in such manner and for such one or more of the purposes prescribed by subsection (5) as may be directed by the congregation, being purposes which are for the benefit of:

(i) the congregation giving the direction,

(ii) another congregation or other congregations, any District Association or the Baptist Union or any of its committees or agencies, or

(iii) a corporation referred to in paragraph (f) (iii), and

(i) accept gifts and loans or other advances of money made to it:

(i) either with or without giving security therefor, and

(ii) whether or not the loans or other advances are made subject to the payment of interest.

(3) The objects prescribed by this subsection are the following:

(a) the public worship of God according to the usages of the Baptist denomination,

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

(c) the provision of a residence for a pastor of the Baptist denomination or for a person employed in the work of a Baptist Church or other work connected with that denomination,

(d) the provision of recreational and community welfare services ancillary to the work of a Baptist Church or other work connected with the Baptist denomination,

(e) the promotion of such religious or philanthropic purposes as the Executive Committee from time to time determines.

(4) A church, school or manse on land vested in the Trust may be repaired, altered, enlarged, demolished, rebuilt or substituted by another building, and another building may be erected on land so vested, only upon the direction of the congregation:

(a) which is for the time being entitled to the use of the church, school or land, or

(b) the pastor of which is for the time being entitled to the use of the manse,

as the case may be.

(5) The purposes prescribed by this subsection are as follows:

(a) purposes which are ancillary to the attainment of the objects prescribed by subsection (3),

(b) the purpose of improving trust property, including:

(i) the repair or enlargement of any building which is trust property, and

(ii) the erection of a church, school or manse on trust property,

(c) the purchase of other trust property.

(6) In its dealings with trust property pursuant to this section, the Trust shall ensure, to the extent that it is capable of so doing, that provision is made for the payment of all expenses incurred by the Trust or the Baptist Union in connection with those dealings, including legal costs, out of trust property, other than land.

(7) Where trust property, being money, is to be expended by the Trust for the benefit of a congregation, the Trust may, if so directed by the congregation, pay the money or any part thereof to the secretary or treasurer of, or other officer appointed for the purpose of receiving the money by, the congregation whose receipt shall be a sufficient discharge to the Trust for the expenditure of the money and the Trust shall not be bound to see to the application of the money in respect of which any such receipt has been given.