New South Wales Consolidated Acts

CHURCHES OF CHRIST IN NEW SOUTH WALES INCORPORATION ACT 1947 - SECT 29

29 Church Trustees to hold lands and buildings on conditions

(1) The Church Trustees of any Church of Christ deemed to be registered under this Part by virtue of section 26 shall continue to hold, and the Church Trustees of any Church of Christ registered under this Part after the commencement of this Act shall hold the lands and buildings standing in their names as such Church Trustees freed and discharged of and from all trusts and equities which affected the same prior to the appointment of Church Trustees of such Church of Christ and shall continue to hold or hold the same, as the case may be, for and on behalf of the Church of Christ to which before the appointment of Church Trustees of such Church of Christ those lands and buildings belonged, but subject to the following trusts and with the following powers, that is to say:

(a) Upon trust at all times to permit the lands and buildings of which they are the trustees as aforesaid to be used for the purpose of the worship of God in public by the members for the time being of the Church of Christ at the place where the lands and buildings are situated according to the faith, doctrine, customs and usages of the Churches of Christ in New South Wales and for the instruction of children and adults, and for the promotion of religious and philanthropic objects and purposes and for such other purposes as that Church of Christ or its officers shall from time to time decide, provided those purposes are consistent with the faith, doctrine, customs and usages of the Churches of Christ in New South Wales, and, upon the passing of a special resolution of that Church of Christ, to permit those buildings to be altered, enlarged, repaired, taken down, and wholly or partially rebuilt, and also to permit any other building or buildings to be erected upon those lands for the use or benefit of that Church of Christ.

(b) Upon further trust and upon the passing of a special resolution in that behalf by the Church of Christ of which they are the Church Trustees to raise such sum or sums of money as the said special resolution shall direct, by mortgage over the lands and buildings of the said Church of Christ, or over any portion thereof, and upon trust, at the like direction to sell or lease the whole or any part of the said lands and buildings upon such terms and conditions as the said Church of Christ shall by special resolution decide.

(c) Upon further trust, from time to time, to apply the moneys coming to their hands in and towards the administration of the Church of Christ of which they are the Church Trustees as directed by special resolution of the said Church in that behalf.

(2) A resolution of the Conference Executive passed by not less than three-fourths of its members shall be conclusive evidence, for the purposes of subsection (1) (a), of whether or not:

(a) a form of worship specified in the resolution constitutes worship according to the faith, doctrine, customs and usages of the Churches of Christ in New South Wales, or

(b) a kind of use of land and buildings, being a kind of use specified in the resolution, is a use of land and buildings:

(i) for the promotion of religious and philanthropic objects and purposes, or

(ii) for a purpose consistent with the faith, doctrine, customs and usages of the Churches of Christ in New South Wales.