New South Wales Consolidated Acts

UNITING CHURCH IN AUSTRALIA ACT 1977 - SECT 35

35 Power of Synod to alter trusts

(1) Subject to subsection (2), in every case where by reason of the circumstances subsequent to the creation of the trusts, including trusts declared under this section, to which any property vested in the Trust is for the time being subject, it has in the opinion of the Synod become impossible or inexpedient to carry out or observe the trusts, it shall be lawful for the Synod by resolution to declare that opinion, and by the same or any subsequent resolution to declare other trusts for or for the use, benefit or purpose of the Church instead of the firstmentioned trusts, and the firstmentioned trusts shall thereupon by force of the resolution cease and determine, and the property shall thereupon be held upon the other trusts accordingly.

(2) The property shall be dealt with for the same purposes as nearly as may be as the purposes for which the property was immediately before the resolution held unless the Synod by resolution declares that by reason of circumstances subsequent to the creation of the firstmentioned trusts it is, in the opinion of the Synod, impossible or inexpedient to deal with or apply the property or some part thereof for the same or the like purposes, in which case the property or that part thereof may be dealt with and applied for the use and benefit of the Church for such other purposes as may be declared by resolution of the Synod.