New South Wales Consolidated Acts

STEWARDS' FOUNDATION OF CHRISTIAN BRETHREN ACT 1989 - SECT 14

14 Reimbursement of the Foundation

(1) If:

(a) the Foundation is liable to pay a person any money by reason of:

(i) its having complied with a direction of an Assembly or an Assembly organisation, or

(ii) its having lawfully incurred the liability on behalf of or in respect of the Assembly or Assembly organisation, and

(b) the money has not been paid to the Foundation or on behalf of the Foundation to the other person within 6 months of the service on the Assembly or Assembly organisation in accordance with this section of a notice:

(i) requiring payment of the money, and

(ii) stating the intention of the Foundation to exercise its powers under this section,

the Foundation may:

(c) mortgage or sell any trust property held by the Foundation on behalf of the Assembly or Assembly organisation at such time, in such manner and on such terms and conditions as it thinks fit, and

(d) out of the proceeds of the mortgage or sale, pay the money the subject of the notice to the Foundation or other person, as the case may require, and reimburse the Foundation or pay, as the case may require, all interest and other expenses, including legal costs, if any, incurred in connection with the exercise of its functions under this section.

(2) Any residue of money held by the Foundation after it has exercised its powers under this section is to continue to be held by the Foundation in accordance with this Act for, or for the purposes of, the Assembly or Assembly organisation.

(3) Without limiting any other lawful means of service, a notice is served on an Assembly in accordance with this section if:

(a) it is affixed to the notice board or door of the chapel in which the Assembly worships for the time being, or

(b) where there is no such chapel it has been exhibited on 3 consecutive Sundays on land used or occupied by the Assembly, or

(c) it is served personally on 2 members of a committee of management appointed by the Foundation to act on behalf of the Assembly under clause 2 of Schedule 4.

(4) A notice is served on an Assembly organisation (other than an Assembly corporation) in accordance with this section if:

(a) it is served personally on 2 members of the governing body of the organisation, or

(b) it is affixed to the door of the premises in or from which the organisation usually conducts its activities.