New South Wales Consolidated Acts

UNITING CHURCH IN AUSTRALIA ACT 1977 - SECT 21

21 Construction of certain instruments

(1) To the extent to which, by a deed, will or other instrument that takes effect on or after the appointed day, any property:

(a) is devised, bequeathed, given, granted, released, conveyed or appointed to the Church or to a person (not being the Trust) for, or for the benefit of, or in trust, for the Church for the religious, social, educational or charitable work of the Church, or is declared or directed to be held by any person (not being the Trust) for, or for the benefit of, or in trust for, the Church or the religious, social, educational or charitable work of the Church,

(b) is recoverable by the Church or by any person (not being the Trust) for the Church, or

(c) is payable to, or receivable by, the Church or any person (not being the Trust) on behalf of the Church or for the religious, social, educational or charitable work of the Church,

the deed, will or other instrument shall be read and construed and take effect as though the reference therein to the Church or, as the case may be, to that person, were a reference to the Trust.

(2) Any deed, instrument, document, gift, will or other provision in favour of or relating to the Methodist Church coming into effect on or after the appointed day shall be read and construed as though any reference therein to the Methodist Church were a reference to the Church unless the context otherwise provides.

(3) Any deed, instrument, document, gift, will or other provision coming into effect on or after the appointed day pursuant to which provision is made in favour of an individual church which prior to the appointed day was affiliated with The Congregational Union of New South Wales and which resolved to enter into union with the Methodist Church and Presbyterian Church or which has been admitted to membership of the Church, or any person or body on behalf of any such individual church, shall be read and construed as though any reference therein to that individual church or that person or body were a reference to the Church unless the context otherwise provides.

(4) Any deed, instrument, document, gift, will or other provision coming into effect on or after the appointed day pursuant to which provision is made in favour of:

(a) Camden College or the body corporate constituted by the Camden College Act,

(b) Tahmoor Children’s Homes, a company, or

(c) Congregational Homes Trust of N.S.W., a company,

shall be read and construed as though any reference therein to that College, body or company were a reference to the Church unless the context otherwise provides.