New South Wales Consolidated Acts

BAPTIST CHURCHES OF NEW SOUTH WALES PROPERTY TRUST ACT 1984 - SECT 28

28 Reimbursement of the Trust

(1) Where:

(a) the Trust is required to pay to any other person any money for which it is liable by reason of:

(i) its having complied with a direction of a congregation, or

(ii) its having lawfully incurred the liability on behalf of the congregation, and

(b) the money has not been paid to the Trust or on behalf of the Trust to the other person within 6 months of the service on the congregation in accordance with subsection (3) of a written notice:

(i) requiring payment of the money, and

(ii) stating the intention of the Trust to exercise its powers under this section,

the Trust may:

(c) mortgage or sell all or any trust property held by the Trust on behalf of the congregation at such time, in such manner and upon such terms and conditions as it thinks fit, and

(d) out of the proceeds of the mortgage or sale, pay the money the subject of the notice to the Trust or other person, as the case may require, and reimburse the Trust or pay, as the case may require, all interest and other expenses, including legal costs, if any, incurred in connection with the exercise of its powers under this section.

(2) Any residue of money held by the Trust after it has exercised its powers under subsection (1) with respect to trust property held by it for the benefit of a congregation shall continue to be held by the Trust in accordance with this Act for the benefit of the congregation.

(3) A notice is served on a congregation in accordance with this section:

(a) where there is a secretary or deacon of the congregation, if it is served personally on the secretary or deacon,

(b) where there is no secretary or deacon of the congregation, if it is served personally on 2 members of the congregation and:

(i) it is affixed to the noticeboard or door of the church in which the congregation worships for the time being, or

(ii) where there is no such church, it has been exhibited on 3 consecutive Sundays upon land used, occupied or enjoyed by the congregation.