New South Wales Consolidated Acts

FELLOWSHIP OF CONGREGATIONAL CHURCHES (NEW SOUTH WALES) INCORPORATION ACT 1977 - SECT 10

10 Co-operative use of property

(1) Where, with the consents for the time being and from time to time prescribed by the Assembly, an affiliated church has, at a duly convened meeting, resolved to enter into a scheme of co-operation with, or involving, a church of another denomination or any congregation or activity of such a church, being a scheme that involves the use of property vested in the Fellowship or in trustees under section 9, the Assembly may, while the scheme of co-operation continues in force, permit that property to be used, managed and administered in connection with that scheme in such manner and upon such conditions as the Assembly determines or prescribes.

(2) The conditions that the Assembly may determine or prescribe under subsection (1) may include conditions with respect to the making of contributions of money for the acquisition, construction, alteration, maintenance or repair of assets vested in or held on behalf of a co-operating church or congregation upon such terms as to the giving of security or charges upon property vested in the Fellowship or in the trustees for any such contributions from other denominations and otherwise as may be so determined or prescribed, and any such contributions by or on behalf of an affiliated church or towards assets of or held on behalf of an affiliated church are, to the extent so determined at the time of the contributions, hereby so charged.

(3) Neither the Registrar-General nor any person dealing bona fide and for value with any property vested in the Fellowship or in the trustees shall be bound to inquire whether any security or charge referred to in subsection (2) exists or be deemed to have notice thereof or be bound thereby by virtue only of this Act or the existence of any scheme of co-operation under this section and:

(a) a conveyance to such a person shall operate as a discharge of any security or charge so referred to, in so far as the property conveyed would, but for this subsection, be subject thereto, and

(b) a mortgage or charge in favour of such a person shall have priority over any security or charge so referred to that affects the property mortgaged or charged in favour of that person.

(4) The proceeds of the sale, mortgage or other dealing with property referred to in this section, and all money collected or held in respect of a scheme of co-operation may be applied in such manner as the Assembly determines or prescribes.

(5) The minister or other person in charge of the religious services of a congregation that has entered into a scheme of co-operation may be of a denomination other than that of the religious body known as Congregationalists or Independents and, if that minister or other person is of another denomination, he shall, so long as he is in charge of the religious services and so long as that scheme of co-operation is in force, have the rights of a minister that are specified in clause 4 of Schedule 3.

(6) Where an affiliated church has entered into a scheme of co-operation, the committee of management of that church may include members of any other congregation that is a party to the scheme of co-operation and those members may be of a denomination other than that of the religious body known as Congregationalists or Independents.

(7) The provisions of subsections (1), (2), (3), (4), (5) and (6) shall apply to and in relation to all property at any time held on behalf of an affiliated church that has entered into a scheme of co-operation except to the extent that the property is held subject to any express trust expressly forbidding its use or administration in any manner referred to in those subsections.

(8) Subsection (7) shall not apply to prevent the use or administration of property in a manner referred to in subsections (1), (2), (4), (5) and (6) if the property is merely directed to be held on trust for worship according to the usages of the Congregational denomination commonly called Independents or the purposes of that denomination or of the Fellowship.