New South Wales Consolidated Acts

ROMAN CATHOLIC CHURCH COMMUNITIES' LANDS ACT 1942 - SECT 2

2 Definitions

(1) "Assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
"Bishop" means the person for the time being administering a diocese, whether as Archbishop or Bishop, Coadjutor Archbishop or Coadjutor Bishop, Vicar Capitular or Administrator, Vicar-General or Priest with Extraordinary Faculties.
"Church" means the Roman Catholic Church.
"Community" means any of the following orders, congregations, communities and associations of the Church:

(i) The Sisters of the Brigidine Congregation,

(ii) The Brothers of the Christian Schools of Ireland,

(iii) Brothers of the Christian Schools,

(iv) The Sisters of Saint Dominic of New South Wales,

(v) Sisters of the Good Samaritan of the Order of Saint Benedict,

(vi) The Sisters of Mercy (Parramatta),

(vii) The Society of Mary for the Province of Australia,

(viii) The Society of Mary for the Province of Oceania,

(ix) The Marist Brothers of the Schools,

(x) The Sisters of Mercy (North Sydney),

(xi) The Fathers of the Passion,

(xii) The Sisters of Saint Joseph of the Sacred Heart,

(xiii) The Congregation of the Mission,

(xiv) Our Lady’s Nurses of the Poor,

(xv) Daughters of Our Lady of the Sacred Heart,

(xvi) The Order of Preachers,

(xvii) The Sisters of Mercy, Diocese of Bathurst,

(xviii) The Sisters of St. Joseph, Diocese of Bathurst,

(xix) The Sisters of Charity of Australia,

(xx) The Sisters of Mercy, Diocese of Lismore,

and any order, congregation, community, association or society named in the first column of Schedule 2.
"Community consultors" means the consultors for the time being of a community, and, in the case of there being no consultors of a community, includes the members for the time being of the governing council of a community constituted according to rules, practices and usages.
"Community land" means land situated in New South Wales for the time being subject to any trust created before or after the commencement of this Act for a community, or for the use or benefit or for any purpose of a community, but does not include any land which is church trust property within the meaning of the Roman Catholic Church Trust Property Act 1936 .
"Court" means the Supreme Court.
"Land" includes tenements and hereditaments, corporeal and incorporeal, and every estate and interest therein whether vested or contingent, freehold or leasehold, and whether at law or in equity.
"Liabilities" means any liabilities, debts or obligations (whether present or future and whether vested or contingent).
"Member" of a body corporate that is the trustee of community land for a community means:

(a) the Provincial for the community, and

(b) the community consultors for the community.

"Provincial" means the person for the time being acting as Provincial-General for New South Wales of a community, and includes the person for the time being acting as Provincial, Superior, Leader or President, as the case may be, of a community of which there is no Provincial-General for New South Wales.
"Relevant diocese" in relation to a body corporate means the Diocese within which the principal site or house in New South Wales of the community of whose land the body corporate is or was the trustee is or was last situated.
"Rights" means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).

(2)

(a) The Governor may:

(i) upon the written request of the Provincial-General, Provincial, Superior, Leader or President of any order, congregation, community, association or society of the Church which is not a community within the meaning of this Act, and

(ii) upon the presentation of a certificate, under the hand and seal of the Bishop of the Diocese within which the principal site or house in New South Wales of such order, congregation, community, association or society is situated, and to the effect that the Bishop of such Diocese approves of such order, congregation, community, association or society being a community for the purposes of this Act,

by proclamation published on the NSW legislation website, add the name of such order, congregation, community, association or society to the first column of Schedule 2, and add to the second column of Schedule 2, the corporate name of the trustees of such order, congregation, community, association or society.

(a1) The Governor may, by proclamation published on the NSW legislation website, alter a name in Schedule 2 or substitute some other name for such a name.

(a2) Where the corporate name of a body corporate referred to in Schedule 2 is altered or some other name is substituted for that name in accordance with paragraph (a1), the alteration or substitution shall not:

(i) prejudice or affect in any way the continuity of the body corporate in respect of which that alteration or substitution is made,

(ii) affect any property, powers, rights, authorities, duties, functions, liabilities or obligations of that body corporate, or

(iii) render defective any legal or other proceedings instituted or to be instituted by or against that body corporate,

and any legal or other proceedings may be continued or commenced by or against that body corporate by the name to which the name of that body corporate has been altered or which has been substituted for the name of that body corporate that might have been continued or commenced by or against that body corporate by the name by which that body corporate was known before that alteration or substitution.

(b) Schedule 2 with the additions, alterations and substitutions made thereto pursuant to this subsection shall be deemed to be Schedule 2 to this Act.