New South Wales Consolidated Acts

BAPTIST CHURCHES OF NEW SOUTH WALES PROPERTY TRUST ACT 1984 - SECT 43

43 Direction of District Association

(1) Subject to subsection (2), the direction of a District Association shall be deemed to have been given, for the purposes of this Act, whenever a resolution in favour of the direction has been passed at a meeting of the District Association by a majority of not less than three quarters of the personal votes of such of the persons entitled under the provisions of the constitution of the District Association to vote as are of or above the age of 18 years and as are present and vote at the meeting, being a meeting of the District Association of which notice 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 has been given in accordance with the provisions of the constitution of the District Association.

(2) A direction shall be deemed to have been given under section 30 (2) by a District Association 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 District Association by a majority of not less than one half of the personal votes of such of the persons entitled under the provisions of the constitution of the District Association to vote as are of or above the age of 18 years and as are present and vote at the meeting, being a meeting of the District Association:

(a) of which notice setting out the object of that meeting, together with the day, hour and place of the holding thereof, and the nature of the proposed resolution has been given in accordance with the provisions of the constitution of the District Association, and

(b) held at an interval of not less than 3 nor more than 13 weeks after the date of the meeting at which the firstmentioned resolution was passed.

(3) Unless a poll is demanded at the meeting by at least 5 persons 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 recorded in favour of or against the resolution.

(4) In relation to any meeting held under this section, the provisions of any written constitution of the District Association, 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.