New South Wales Consolidated Acts

BAPTIST CHURCHES OF NEW SOUTH WALES PROPERTY TRUST ACT 1984 - SECT 42

42 Direction of congregation

(1) Subject to subsection (2), a direction of a congregation is given, for the purposes of this Act, whenever a resolution in favour of the direction has been passed at a meeting of the congregation by a majority of not less than three quarters of the personal votes of such of the members of the congregation as are of or above the age of 18 years and as are present and vote at the meeting, being a meeting of the congregation of which notice has been given in accordance with this section.

(2) A direction is given under section 30 (2) by a congregation only when a resolution in favour of the direction has been passed as referred to in subsection (1) and has been confirmed by a further resolution passed at a meeting of the congregation by a majority of not less than three quarters of the personal votes of such of the members of the congregation as are of or above the age of 18 years and as are present and vote at the meeting, being a meeting of the congregation:

(a) of which notice has been given in accordance with this section, and

(b) held not less than 13 days nor more than 5 weeks after the date of the meeting at which the firstmentioned resolution was passed.

(3) Notice of a meeting of a congregation has been given in accordance with this section when the following procedures have been completed:

(a) a notice:

(i) setting out the object of the meeting, together with the day, hour and place of the holding thereof, and the nature of the proposed resolution, and

(ii) signed by the secretary for the time being of the congregation, or (in the case of his or her neglect for 7 days or absolute refusal to sign the notice after request in writing made by 2 members of the congregation who would be entitled to vote if they were to be present at the meeting or in the case of there being no secretary) signed by 2 members of the congregation who would be so entitled to vote,

shall be posted on the door or notice board of the building which is used for public worship by the congregation on at least 2 successive Sundays immediately preceding the day appointed for the meeting to take place, and

(b) a notice setting out the object of the meeting, together with the day, hour and place of the holding thereof (but not necessarily setting out the nature or terms of the proposed resolution) shall be read during some part of each of the public worship services held on the 2 Sundays referred to in paragraph (a) in the building referred to in that paragraph.

(4) The chairman of a meeting held under this section:

(a) shall be a person chosen by the majority of the votes of the members of the congregation who are of or above the age of 18 years and personally present at the meeting, and

(b) shall not have a casting vote but, if he or she is a member of the congregation, shall have a deliberative vote.

(5) Unless a poll is demanded at the meeting by at least 5 members entitled to vote, a declaration in writing signed by the chairman of a meeting held under this section to the effect that the resolution has been passed by the required majority of votes shall be prima facie evidence of the fact without proof of the number or proportion of the votes cast in favour of or against the resolution.

(6) In relation to any meeting held under this section, the provisions of any written constitution of the congregation, the members of which are present at the meeting, shall be observed in addition to the requirements of this section, except where any such provision is inconsistent with this section.

(7) The requirements of this section with respect to a meeting shall be deemed not to have been breached by reason only that notice of the meeting may not have been read during some part of each of the public worship services held on the 2 successive Sundays immediately preceding the day appointed for the meeting to take place if a notice in writing similar to that posted, pursuant to subsection (3) (a), on the door or notice board of the building used for public worship by the congregation is delivered or sent by pre-paid post to each of the persons who would be entitled to vote at the meeting at his or her last known address or at his or her address as shown in the roll or register of the congregation so as to be received by each of those persons not less than 5 nor more than 21 days prior to the day appointed for the meeting to take place.

(8) For the purposes of subsection (7), a notice sent by pre-paid post shall be deemed to have been received on the second day following the date of posting.

(9) An accidental omission to give a notice under subsection (7) to any person, or the failure of any person to receive any such notice, shall not invalidate any resolution passed at the meeting to which the notice relates.