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Queensland
ROMAN CATHOLIC
CHURCH
(INCORPORATION OF
CHURCH ENTITIES) BILL
1994
Queensland
ROMAN CATHOLIC CHURCH
(INCORPORATION OF CHURCH
ENTITIES) BILL 1994
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Interpretation and application of Code of Canon Law . . . . . . . . . . . . . . . . . 7
PART 2--ESTABLISHMENT AND COMPOSITION OF THE
CORPORATION OF THE BISHOPS
5 Establishment of Corporation of Bishops . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Composition of Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Perpetual succession etc. of Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Certificate of incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 3--INCORPORATION OF CHURCH ENTITIES
9 Request to incorporate Church entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Certificate of incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Composition of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Seal etc. of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Person acting for corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 4--ESTABLISHMENT UNDER THIS PART OF CERTAIN
CHURCH CORPORATIONS ESTABLISHED UNDER OTHER
ACTS
14 Application of Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Meaning of "existing Church corporation" . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Request to establish existing Church corporation under this Part . . . . . . . . 11
2
Roman Catholic Church (Incorporation of
Church Entities)
17 Certificate of incorporation under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . 11
18 Composition of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19 Seal etc. of existing Church corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Person acting for existing Church corporation . . . . . . . . . . . . . . . . . . . . . . . . 12
21 Establishment under this Part does not affect legal personality etc. . . . . . . 12
22 Establishment under this Part does not affect existing legal
relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
23 Incorporation under AI Act ceases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
24 Letters patent under RECI Act cancelled . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 5--LEGAL CAPACITY AND POWERS OF
INCORPORATED CHURCH ENTITIES
Division 1--Powers and legal capacity generally
25 Powers and legal capacity generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Abolition of doctrine of ultra vires
26 Objects of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
27 Restrictions on powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
28 Persons having dealings with incorporated Church entities etc. . . . . . . . . . 16
PART 6--CHANGE OF NAME AND DISSOLUTION
Division 1--Change of names of incorporated Church entities
29 Change of name of incorporated Church entity . . . . . . . . . . . . . . . . . . . . . . . 17
30 Change of name does not affect legal personality etc. . . . . . . . . . . . . . . . . . 18
31 Change of name does not affect existing legal relationships . . . . . . . . . . . . 19
32 Recording of change of name of corporation . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2--Dissolution of incorporated Church entities
33 Request to dissolve entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
34 Dissolution of entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
35 Recording of vesting of interest in land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 7--RECORDS THAT MUST BE KEPT
36 Records to be kept by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Records to be kept by Corporation of Bishops . . . . . . . . . . . . . . . . . . . . . . . 21
PART 8--MISCELLANEOUS
38 Evidence of address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3
Roman Catholic Church (Incorporation of
Church Entities)
39 Service of documents on corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
40 Incorporated Church entities are exempt bodies under
Corporations Law of Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
41 Replacement certificate of incorporation . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
42 Delegation of chief executive's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
43 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
1994
A BILL
FOR
An Act to provide for the incorporation of certain entities of the
Roman Catholic Church and for related purposes
s1 6 s3
Roman Catholic Church (Incorporation of
Church Entities)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Roman Catholic Church (Incorporation 4
of Church Entities) Act 1994. 5
6
Commencement
2. This Act commences on a day to be fixed by proclamation. 7
8
Definitions
3. In this Act-- 9
"AI Act" means the Associations Incorporation Act 1981. 10
"AI Act corporation" see section 14(a). 11
"Bishop" means a person holding appointment as the Bishop of a Church 12
diocese, or the Archbishop of a Church archdiocese, under the Code of 13
Canon Law. 14
"Church" means the Roman Catholic Church. 15
"Church entity" means-- 16
(a) a diocese or archdiocese, or the trustees of a diocese or 17
archdiocese, of the Church; or 18
(b) a religious order, society or institution of the Church or the 19
members of the order, society or institution; or 20
(c) the holder of an office, or the holders of offices, of the Church 21
under the Code of Canon Law; 22
and includes a discrete service, work, activity or part of a church entity. 23
"Code of Canon Law" means the Code of Canon Law of the Church. 24
s4 7 s4
Roman Catholic Church (Incorporation of
Church Entities)
"constituent documents", for a Church entity or an incorporated Church 1
entity, mean the constitution, rules, articles or other similar documents 2
of the entity. 3
"Corporation of the Bishops" means the Corporation of the Roman 4
Catholic Bishops of Queensland. 5
"existing Church corporation" see section 15. 6
"incorporated Church entity" means an entity established under this Act, 7
and includes the Corporation of the Bishops, and an AI Act 8
corporation and RECI Act corporation established under this Act. 9
"officer" of an incorporated Church entity includes-- 10
(a) a person who constitutes the entity (whether alone or with others) 11
under the Code of Canon Law; and 12
(b) an employee of the entity. 13
"RECI Act" means the repealed Religious Educational and Charitable 14
Institutions Act 18611. 15
"RECI Act corporation" see section 14(b). 16
and application of Code of Canon Law 17
Interpretation
4. For the purpose of applying the Code of Canon Law to matters under 18
this Act, the Code must be interpreted and applied in a way consistent with 19
decisions about the matters by Church authorities who ordinarily decide 20
them. 21
1 The RECI Act was repealed by s 4 of the Associations Incorporation Act 1981.
However, letters patent under the RECI Act were continued in force by the
section.
s5 8 s9
Roman Catholic Church (Incorporation of
Church Entities)
ART 2--ESTABLISHMENT AND COMPOSITION 1
P
OF THE CORPORATION OF THE BISHOPS 2
of Corporation of Bishops 3
Establishment
5. A corporation called the Corporation of the Roman Catholic Bishops 4
of Queensland is established. 5
of Corporation 6
Composition
6. The Corporation of the Bishops consists of the persons for the time 7
being holding appointment as Bishop. 8
succession etc. of Corporation 9
Perpetual
7. The Corporation of the Bishops-- 10
(a) has perpetual succession; and 11
(b) has a seal; and 12
(c) may sue and be sued in its corporate name. 13
of incorporation 14
Certificate
8. The chief executive must immediately issue a certificate of 15
incorporation for the Corporation of the Bishops and give it to the person 16
holding appointment as Archbishop of Brisbane under the Code of Canon 17
Law. 18
PART 3--INCORPORATION OF CHURCH ENTITIES 19
to incorporate Church entity 20
Request
9.(1) A Bishop may ask the chief executive to incorporate a Church 21
entity functioning in the Bishop's diocese or archdiocese. 22
s 10 9 s 11
Roman Catholic Church (Incorporation of
Church Entities)
(2) The Corporation of the Bishops may also ask the chief executive to 1
incorporate a Church entity. 2
(3) The request must-- 3
(a) be in a form approved by the chief executive; and 4
(b) state the Church entity; and 5
(c) state the entity is a Church entity; and 6
(d) state the proposed name for the Church entity. 7
(4) If there are constituent documents for the church entity and these are 8
readily available to the Bishop or Corporation of the Bishops, a copy of the 9
documents certified as correct by the Bishop or Corporation must 10
accompany the request. 11
of incorporation 12
Certificate
10.(1) If the chief executive receives a request under section 9 (Request 13
to incorporate Church entity) and is satisfied that the section has been 14
complied with, the chief executive must issue a certificate of incorporation 15
for the Church entity. 16
(2) The Church entity becomes a corporation established under this Part 17
on the issue of the certificate. 18
(3) The corporation has the name specified in the certificate. 19
(4) The chief executive must give the certificate to the Corporation of the 20
Bishops. 21
of corporation 22
Composition
11.(1) If persons constitute the church entity under the Code of Canon 23
Law, the corporation consists of those persons. 24
(2) If the Church entity consists of the holder of an office or the holders 25
of offices, the corporation consists of the person or persons holding the 26
office or offices from time to time. 27
s 12 10 s 15
Roman Catholic Church (Incorporation of
Church Entities)
etc. of corporation 1
Seal
12.(1) The corporation-- 2
(a) has a seal; and 3
(b) may sue and be sued in its corporate name. 4
(2) If the corporation has corporators, the corporation has perpetual 5
succession. 6
acting for corporation 7
Person
13. Anything done in the name of or for the corporation by a person who 8
may act for the corporation under the corporation's constituent documents 9
or the Code of Canon Law is taken to have been done by the corporation. 10
ART 4--ESTABLISHMENT UNDER THIS PART OF 11
P
CERTAIN CHURCH CORPORATIONS 12
ESTABLISHED UNDER OTHER ACTS 13
of Part 14
Application
14. This Part applies to-- 15
(a) an incorporated association under the AI Act consisting of a 16
Church entity (an "AI Act corporation"); or 17
(b) a corporation, established by letters patent, under the RECI Act 18
consisting of a Church entity (an "RECI Act corporation"). 19
of "existing Church corporation" 20
Meaning
15. In this Part-- 21
"existing Church corporation" means an AI Act corporation or a RECI 22
Act corporation. 23
s 16 11 s 18
Roman Catholic Church (Incorporation of
Church Entities)
to establish existing Church corporation under this Part 1
Request
16.(1) A Bishop may ask the chief executive to establish, under this Part, 2
an existing Church corporation functioning in the Bishop's diocese or 3
archdiocese. 4
(2) The Corporation of the Bishops may also ask the chief executive to 5
establish an existing Church corporation under the Part. 6
(3) The request must-- 7
(a) be in a form approved by the chief executive; and 8
(b) state the existing church corporation; and 9
(c) state whether the corporation is an AI Act or RECI Act 10
corporation. 11
(4) If there are constituent documents for the church entity which the 12
corporation consists of and these are readily available to the Bishop or 13
Corporation of the Bishops, a copy of the documents certified as correct by 14
the Bishop or Corporation must accompany the request. 15
of incorporation under this Act 16
Certificate
17.(1) If the chief executive receives a request under section 16 (Request 17
to establish existing Church corporation under this Part) and is satisfied that 18
the section has been complied with, the chief executive must issue a 19
certificate of incorporation for the existing Church corporation. 20
(2) On the issue of the certificate, the existing Church corporation is 21
established under this Part as a corporation with the same name and 22
constitution. 23
(3) The chief executive must give the certificate to the Corporation of the 24
Bishops. 25
of corporation 26
Composition
18.(1) If, under the Code of Canon Law, persons constitute the Church 27
entity of which an existing Church corporation established under this Part 28
consists, the corporation consists of those persons. 29
s 19 12 s 21
Roman Catholic Church (Incorporation of
Church Entities)
(2) If the Church entity consists of the holder of an office or the holders 1
of offices, the corporation consists of the person or persons holding the 2
office or offices from time to time. 3
etc. of existing Church corporation 4
Seal
19.(1) An existing Church corporation established under this Part-- 5
(a) has a seal; and 6
(b) may sue and be sued in its corporate name. 7
(2) If the corporation has corporators, the corporation has perpetual 8
succession. 9
acting for existing Church corporation 10
Person
20. Anything done in the name of or for an existing Church corporation 11
established under this Part by a person who may act for the corporation 12
under the corporations's constituent documents or the Code of Canon Law 13
is taken to have been done by the corporation. 14
under this Part does not affect legal personality etc. 15
Establishment
21.(1) The establishment of an existing Church corporation under this 16
Part does not-- 17
(a) affect the corporation's legal personality or identity; or 18
(b) affect a right, entitlement or liability of the corporation or anyone 19
else; or 20
(c) make legal proceedings by or against the corporation defective; or 21
(d) nullify any exemption given to, or benefit enjoyed by, the 22
corporation because of its incorporation under the AI Act or the 23
RECI Act. 24
(2) Without limiting subsection (1), the establishment of the corporation 25
under this Part does not affect any right, entitlement, liability, exemption or 26
benefit the corporation would have had or enjoyed apart from its 27
establishment under this Part. 28
s 22 13 s 24
Roman Catholic Church (Incorporation of
Church Entities)
(3) In addition, but without limiting subsection (1), if a legal proceeding 1
might have been continued or started by or against the existing Church 2
corporation before the establishment, it may be continued or started by or 3
against it after the establishment. 4
under this Part does not affect existing legal 5
Establishment
relationships 6
22. Without limiting section 21(1) (Establishment under this Part does 7
not affect legal personality etc.), the establishment of an existing Church 8
corporation under this Part-- 9
(a) does not place the corporation in breach of contract or otherwise 10
make it guilty of a civil wrong; and 11
(b) does not make the corporation in breach of any instrument, 12
including, for example, an instrument prohibiting, restricting or 13
regulating the assignment or transfer of any right or liability; and 14
(c) is not taken to fulfil a condition-- 15
(i) allowing a person to terminate an instrument or liability or 16
modify the operation or effect of an instrument or liability; 17
or 18
(ii) requiring any amount to be paid before its stated maturity; 19
and 20
(d) does not release a surety or other obligee (in whole or part) from 21
an obligation. 22
under AI Act ceases 23
Incorporation
23. On the issue of a certificate of incorporation under this Act for an AI 24
Act corporation, the corporation ceases to be an incorporated association 25
under the AI Act and its certificate of incorporation under that Act is 26
cancelled. 27
patent under RECI Act cancelled 28
Letters
24. Despite section 4(2) of the AI Act, on the issue of a certificate of 29
s 25 14 s 26
Roman Catholic Church (Incorporation of
Church Entities)
incorporation under this Act for a RECI Act corporation the letters patent 1
under the RECI Act for the corporation are cancelled. 2
PART 5--LEGAL CAPACITY AND POWERS OF 3
INCORPORATED CHURCH ENTITIES 4
Division 1--Powers and legal capacity generally 5
and legal capacity generally 6
Powers
25.(1) In performing its objects or functions, an incorporated Church 7
entity has all the powers, and the legal capacity, of an individual. 8
(2) The entity may, for example-- 9
(a) enter into contracts; and 10
(b) acquire, hold, deal with and dispose of property; and 11
(c) invest and deal with money; and 12
(d) do other things necessary or convenient to be done in performing 13
its objects or functions. 14
(3) The entity may exercise its powers-- 15
(a) inside and outside Queensland; and 16
(b) inside and outside Australia. 17
(4) The fact that the doing of an act by the entity would not be, or is not, 18
in its best interests does not affect its power or legal capacity to do the act. 19
Division 2--Abolition of doctrine of ultra vires 20
of Division 21
Objects
26. The objects of this Division include-- 22
s 27 15 s 27
Roman Catholic Church (Incorporation of
Church Entities)
(a) abolishing any application of the doctrine of ultra vires to 1
incorporated Church entities; and 2
(b) ensuring that incorporated Church entities give effect to any 3
restrictions on their powers, but without affecting the validity of 4
their dealings with third persons. 5
on powers 6
Restrictions
27.(1) Section 25 (Powers and legal capacity generally) applies to an 7
incorporated Church entity subject to any restrictions on its powers under its 8
constituent documents and the Code of Canon Law. 9
(2) The entity contravenes this subsection if-- 10
(a) the entity exercises a power contrary to a restriction mentioned in 11
subsection (1); or 12
(b) the entity's constituent documents or the Code of Canon Law sets 13
out the entity's objects or functions and the entity does an act that 14
does not promote the objects or functions. 15
(3) The exercise of the power, or the act, is not invalid merely because of 16
the contravention. 17
(4) An officer of the entity who is involved in the contravention 18
contravenes this subsection. 19
(5) An act of the officer is not invalid merely because, by doing the act, 20
the person contravenes subsection (4). 21
(6) The entity or officer does not commit an offence merely because of a 22
contravention of this section. 23
(7) The fact that-- 24
(a) by exercising a power as mentioned in subsection (2)(a), or doing 25
the act as mentioned in subsection (2)(b), the entity contravened, 26
or would contravene, subsection (2); or 27
(b) by doing a particular act, the officer contravened, or would 28
contravene, subsection (4); 29
may only be asserted or relied on in proceedings brought by the 30
Corporation of the Bishops, or with the written authority of the Corporation 31
s 28 16 s 28
Roman Catholic Church (Incorporation of
Church Entities)
of the Bishops given under its seal. 1
(8) In this section-- 2
"restriction" includes prohibition. 3
having dealings with incorporated Church entities etc. 4
Persons
28.(1) A person having dealings with an incorporated Church entity is 5
entitled to make the assumptions mentioned in subsection (3) and, in a 6
proceeding about the dealings, any assertion by the entity that the matters 7
that the person is entitled to assume were not correct must be disregarded. 8
(2) A person having dealings with a person who has acquired, or 9
purports to have acquired, title to property from an incorporated Church 10
entity (whether directly or indirectly) is entitled to make the assumptions 11
mentioned in subsection (3) and, in a proceeding about the dealings, any 12
assertion by the entity or the second person that the matters the first person 13
is entitled to assume were not correct must be disregarded. 14
(3) The assumptions that a person is, because of subsection (1) or (2), 15
entitled to make are-- 16
(a) that, at all relevant times, this Act, the entity's constituent 17
documents and the Code of Canon Law have been complied with; 18
and 19
(b) that a person who is held out by the entity to be an officer or agent 20
of the entity has been properly appointed and has authority to 21
exercise the powers and perform the functions customarily 22
exercised or performed by an officer or agent of the kind 23
concerned; and 24
(c) that an officer or agent of the entity who has authority to issue a 25
document for the entity has authority to warrant that the document 26
is genuine and that an officer or agent of the entity who has 27
authority to issue a certified copy of a document for the entity has 28
authority to warrant that the copy is a true copy; and 29
(d) that a document has been properly sealed by the entity if-- 30
(i) it bears what appears to be an imprint of the entity's seal; 31
and 32
s 29 17 s 29
Roman Catholic Church (Incorporation of
Church Entities)
(ii) the sealing of the document appears to be authenticated by a 1
person who, because of paragraph (b), may be assumed to 2
be an officer of the entity; and 3
(e) that the entity's officers and agents have properly performed their 4
duties to the entity. 5
(4) However, a person is not entitled to assume a matter mentioned in 6
subsection (3) if-- 7
(a) the person has actual knowledge that the assumption would be 8
incorrect; or 9
(b) because of the person's connection or relationship with the entity, 10
the person ought to know that the assumption would be incorrect. 11
(5) If, because of subsection (4), a person is not entitled to make a 12
particular assumption-- 13
(a) if the assumption is about dealings with the 14
entity--subsection (1) does not apply to an assertion by the entity 15
about the assumption; and 16
(b) if the assumption is about dealings about an acquisition or 17
purported acquisition from the entity of title to 18
property--subsection (2) does not apply to an assertion by the 19
entity or someone else about the assumption. 20
PART 6--CHANGE OF NAME AND DISSOLUTION 21
1--Change of names of incorporated Church entities 22
Division
of name of incorporated Church entity 23
Change
29.(1) An incorporated Church entity may apply to the chief executive to 24
change its name. 25
(2) Subsection (1) applies only if a Bishop in whose diocese or 26
archdiocese the entity is functioning or the Corporation of the Bishops 27
s 30 18 s 30
Roman Catholic Church (Incorporation of
Church Entities)
consents in writing to the application being made. 1
(3) The application must be in a form approved by the chief executive. 2
(4) One of the following must accompany the application-- 3
(a) the entity's certificate of incorporation; 4
(b) if the Bishop or Corporation of the Bishops is satisfied that the 5
entity's certificate of incorporation is lost or destroyed--a 6
certificate by the Bishop or Corporation of the Bishops stating the 7
fact. 8
(5) The chief executive may grant the application. 9
(6) If the chief executive grants the application, the chief executive must 10
amend the entity's certificate of incorporation or issue a new certificate. 11
(7) The chief executive must send the certificate of incorporation to the 12
Corporation of the Bishops. 13
of name does not affect legal personality etc. 14
Change
30.(1) A change of name of an incorporated Church entity does not-- 15
(a) affect the entity's legal personality or identity; or 16
(b) affect a right, entitlement or liability of the entity or anyone else; 17
or 18
(c) make legal proceedings by or against the entity defective; or 19
(d) nullify any exemption given to, or benefit enjoyed by, the entity 20
under a former name. 21
(2) Without limiting subsection (1), the change of name of the entity 22
does not affect any right, entitlement, liability, exemption or benefit the 23
entity would have had or enjoyed apart from the change of name. 24
(3) In addition, but without limiting subsection (1), if a legal proceeding 25
might have been continued or started by or against the entity under its 26
former name, it may be continued or started by or against it under its new 27
name. 28
s 31 19 s 32
Roman Catholic Church (Incorporation of
Church Entities)
of name does not affect existing legal relationships 1
Change
31. Without limiting section 30(1) (Change of name does not affect legal 2
personality etc.), a change of name of an incorporated Church entity-- 3
(a) does not place the entity in breach of contract or otherwise make it 4
guilty of a civil wrong; and 5
(b) does not make the entity in breach of any instrument, including, 6
for example, an instrument prohibiting, restricting or regulating 7
the assignment or transfer of any right or liability; and 8
(c) is not taken to fulfil a condition-- 9
(i) allowing a person to terminate an instrument or liability or 10
modify the operation or effect of an instrument or liability; 11
or 12
(ii) requiring any amount to be paid before its stated maturity; 13
and 14
(d) does not release a surety or other obligee (in whole or part) from 15
an obligation. 16
of change of name of corporation 17
Recording
32.(1) This section applies if-- 18
(a) an incorporated Church entity's name is changed under this 19
Division; and 20
(b) an interest in land was registered in the name of the entity before 21
the change of name. 22
(2) No fee is payable for recording the change of name for the interest by 23
a public official or authority responsible for registering land or interests in 24
land. 25
s 33 20 s 34
Roman Catholic Church (Incorporation of
Church Entities)
Division 2--Dissolution of incorporated Church entities 1
to dissolve entity 2
Request
33.(1) A Bishop may ask the chief executive to dissolve an incorporated 3
Church entity functioning in the Bishop's diocese or archdiocese. 4
(2) The Corporation of the Bishops may also ask the chief executive to 5
dissolve an incorporated Church entity. 6
(3) The request may only be made if dissolution of the entity accords 7
with the Code of Canon Law. 8
(4) The request must -- 9
(a) be in a form approved by the chief executive; and 10
(b) state the entity; and 11
(c) state the reason for the request; and 12
(d) state the Church or other entity (the "successor entity") in whom 13
the entity's assets and liabilities vest on dissolution; and 14
(e) state whether or not the entity's dissolution accords with the Code 15
of Canon Law. 16
(5) One of the following must accompany the request-- 17
(a) the entity's certificate of incorporation; 18
(b) if the Bishop or the Corporation of the Bishops is satisfied that 19
the entity's certificate of incorporation is lost or destroyed--a 20
certificate by the Bishop or Corporation of the Bishops stating the 21
fact. 22
of entity 23
Dissolution
34.(1) On receiving the request under section 33 (Request to dissolve 24
entity), the chief executive may, by Gazette notice-- 25
(a) dissolve the incorporated Church entity; and 26
(b) vest the assets and liabilities of the entity in the successor entity. 27
(2) The assets and liabilities vest in the successor entity without a 28
s 35 21 s 37
Roman Catholic Church (Incorporation of
Church Entities)
transfer. 1
(3) Assets vested in the successor entity remain subject to any debt, 2
liability, trust or obligation affecting the assets. 3
(4) The chief executive must give a copy of the Gazette notice to the 4
Corporation of the Bishops. 5
of vesting of interest in land 6
Recording
35.(1) This section applies if-- 7
(a) an incorporated Church entity is dissolved under this Division; 8
and 9
(b) an interest in land vested in the entity vests in its successor entity. 10
(2) No fee is payable for recording the vesting of the interest in the 11
successor entity by a public official or authority responsible for registering 12
land or interests in land. 13
PART 7--RECORDS THAT MUST BE KEPT 14
to be kept by chief executive 15
Records
36.(1) The chief executive must keep a register showing the names of 16
incorporated Church entities. 17
(2) The chief executive must keep all requests, constituent documents 18
and applications made or given to the chief executive under this Act. 19
(3) The register, requests, constituent documents and applications must 20
be available for inspection by members of the public, without fee. 21
to be kept by Corporation of Bishops 22
Records
37.(1) The Corporation of the Bishops must keep-- 23
(a) a register of the current addresses of incorporated Church entities 24
(other than the Corporation of the Bishops); and 25
s 38 22 s 39
Roman Catholic Church (Incorporation of
Church Entities)
(b) a copy of the constituent documents (if any) of incorporated 1
Church entities. 2
(2) The register and documents-- 3
(a) must be kept at the office of the Corporation of the Bishops in 4
Brisbane; and 5
(b) must be available for inspection by members of the public, 6
without fee. 7
(3) The Corporation of the Bishops must notify its address in Brisbane 8
by Gazette notice. 9
(4) The Corporation of the Bishops must also notify a change in the 10
address by Gazette notice. 11
ART 8--MISCELLANEOUS 12
P
of address 13
Evidence
38. A certificate purporting to be under the seal of the Corporation of the 14
Bishops, or signed by a person authorised by the Corporation for the 15
purpose, stating that a stated address of a stated incorporated Church entity 16
is the address of the entity shown in the register kept under section 37 17
(Records to be kept by Corporation of Bishops) is evidence of the 18
certificate's contents. 19
of documents on corporation 20
Service
39. If a law permits or requires a document to be given or served on an 21
incorporated Church entity, the document may be given or served on the 22
entity-- 23
(a) if the entity is the Corporation of the Bishops--at its address in 24
Brisbane last notified in the Gazette; or 25
(b) in any other case--at the entity's address shown in the register 26
s 40 23 s 43
Roman Catholic Church (Incorporation of
Church Entities)
kept under section 37 (Records to be kept by Corporation of 1
Bishops). 2
Church entities are exempt bodies under Corporations 3
Incorporated
Law of Queensland 4
40. An incorporated Church entity is an exempt body for the purposes of 5
the Corporations Law of Queensland. 6
certificate of incorporation 7
Replacement
41.(1) This section applies if a Bishop in whose diocese or archdiocese, 8
an incorporated Church entity is functioning-- 9
(a) is satisfied that the entity's certificate of incorporation is lost or 10
destroyed; and 11
(b) gives the chief executive a certificate stating the fact. 12
(2) This section also applies if the Corporation of the Bishops-- 13
(a) is satisfied that an incorporated Church entity's certificate of 14
incorporation is lost or destroyed; and 15
(b) gives the chief executive a certificate stating the fact. 16
(3) The chief executive may issue a replacement certificate of 17
incorporation for the incorporated Church entity. 18
(4) The chief executive must give the certificate to the Corporation of the 19
Bishops. 20
of chief executive's powers 21
Delegation
42. The chief executive may delegate the chief executive's powers under 22
this Act to an officer of the department. 23
24
Regulations
43.(1) The Governor in Council may make regulations under this Act. 25
(2) Without limiting subsection (1), a regulation may exempt an 26
s 43 24 s 43
Roman Catholic Church (Incorporation of
Church Entities)
incorporated Church entity from the provisions of another Act. 1
(3) An exemption under subsection (2) may be subject to conditions. 2
3
© State of Queensland 1994
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