New South Wales Consolidated Acts

UNITING CHURCH IN AUSTRALIA ACT 1977 - SCHEDULE 4

SCHEDULE 4 – Provisions affecting particular instruments etc

(Section 40)

1 The Methodist Trust Association

(1) The company registered on 26 March 1930 and styled “The Methodist Trust Association” shall as on and from the appointed day be styled “The Uniting Church (N.S.W.) Trust Association”.

(2) A reference in the Memorandum of Association or Articles of Association of The Methodist Trust Association to:

(a) The Methodist Trust Association shall be construed as a reference to The Uniting Church (N.S.W.) Trust Association,

(b) the Methodist Church of Australasia or the Methodist Church shall be construed as a reference to The Uniting Church in Australia,

(c) the New South Wales Conference of the Methodist Church of Australasia shall be construed as a reference to the Synod of The Uniting Church in Australia in New South Wales, and

(d) the President for the time being of the New South Wales Conference of the Methodist Church of Australia shall be construed as a reference to the Moderator for the time being of that Synod, including any person for the time being authorised by that Synod to perform or carry out the duties of Moderator.

2 Methodist Overseas-Missions Trust Association

(1) The company registered on 1 June 1917 and styled “Methodist Overseas-Missions Trust Association” shall as on and from the appointed day be styled “Uniting Church Council of Mission Trust Association”.

(2) A reference in the Memorandum of Association or Articles of Association of the Methodist Overseas-Missions Trust Association to the Methodist Overseas-Missions Trust Association shall be construed as a reference to the Uniting Church Council of Mission Trust Association.

(3) The reference in clause 3 (b) of the Memorandum of Association to the Methodist Missionary Society of Australasia, whose office is situate at 139 Castlereagh Street, Sydney, or its successors, shall be construed as a reference to The Uniting Church in Australia or any purpose pursued by or associated with the Church.

(4) The reference in Articles 3 and 15 of the Articles of Association to the Board of Missions, controlling the Department of Overseas-Missions of the Methodist Church of Australasia shall be construed as a reference to The Uniting Church in Australia.

(5) The reference in Article 17 of the Articles of Association to the Department of Overseas-Missions shall be construed as a reference to the Uniting Church Council of Mission Trust Association.

3 David Livingstone Bursaries Fund

(1) A reference in the Indenture referred to in section 20 (11), or in any of the orders so referred to, to:

(a) “Camden College” or “College” shall be construed as a reference to the United Theological College,

(b) “Council of the College” or “Council” or “President and Fellows of the College” shall be construed as a reference to the council of the United Theological College,

(c) “Warden of the College” shall be construed as a reference to the Principal for the time being of the United Theological College or the person for the time being fulfilling the functions of the Principal, and

(d) “The Congregational Union of New South Wales” shall be construed as a reference to the Synod.

(2) The reference in clause 17 of the Indenture to “the Act of Incorporation” shall be construed as a reference to the constitution of the council of the United Theological College.

(3) The order so referred to and made on 28 February 1964 shall be construed as though a reference therein to the Melbourne College of Divinity were a reference to the United Theological College.

4 Moore Estate

(1) References in the will of William Moore, late of Lawson, Homoeopathic Practitioner, deceased, to:

(a) The Congregational Union of New South Wales, and

(b) the Committee of that Union,

shall be construed as references to the Trust, but references therein to that Union, as follows:

(c) “a fit person or persons who shall be Ministers in full connection with the said Union”, and

(d) “and for the benefit of the Congregational Union of New South Wales”,

shall be construed as references to the Church.

(2) Out of the one-third share of the residue of the final available balance of income, distributable annually, of the Estate of the said William Moore, deceased, payable on or after the appointed day by the trustees of the will in accordance with the trusts of the will to the Trust pursuant to the vesting of the right to receive the income in the Trust by this Act, a one-fifth share thereof shall forthwith upon receipt thereof by the Trust be paid by the Trust to the Fellowship of Congregational Churches (New South Wales) for its general purposes.

5 Amendment of Memorandum or Articles of Association

Nothing in clause 1 or 2 prevents the amendment from time to time of the Memorandum of Association or Articles of Association referred to therein in accordance with the Corporations Act 2001 of the Commonwealth.