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TASMANIA
__________
BAPTIST UNION INCORPORATION
AMENDMENT BILL 2006
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Preamble amended
5. Section 2 amended (Interpretation)
6. Section 3 amended (Incorporation of the Baptist Union)
7. Section 4 substituted
4. Constitution of the Union
8. Section 7 amended (Members entitled to vote)
9. Section 10 substituted
10. Accounting records
10A. Auditing requirements
10. Section 12 amended (Power of the Assembly to make by-laws)
11. Section 19 repealed
12. Section 21 inserted
21. Savings and transitional provisions
13. Schedules I, II and III repealed
[Bill 28]-II
2
BAPTIST UNION INCORPORATION
AMENDMENT BILL 2006
(Brought in by the Premier, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Baptist Union Incorporation Act 1902
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Baptist Union
Incorporation Amendment Act 2006.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Baptist Union Incorporation Act
1902* is referred to as the Principal Act.
*No. 48 of 1902
[Bill 28] 3
Baptist Union Incorporation Amendment Act 2006
Act No. of
s. 4
4. Preamble amended
The preamble to the Principal Act is amended by
omitting "And whereas the present constitution
of the Union is set forth in Schedule I:".
5. Section 2 amended (Interpretation)
Section 2 of the Principal Act is amended as
follows:
(a) by omitting the definition of "church"
and substituting the following
definitions:
"church" means a congregation
anywhere within Tasmania that
(a) is known as, or styled as,
a Baptist Church; and
(b) is admitted to the Union
in accordance with the
constitution;
"constitution" means the constitution
specified in section 4, as
amended, altered, repealed or
substituted from time to time;
(b) by omitting the definition of "the Baptist
Church of Tasmania";
(c) by omitting the definition of "Union
Trusts" and substituting the following
definitions:
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Baptist Union Incorporation Amendment Act 2006
Act No. of
s. 6
"Union Doctrines" means the
doctrinal beliefs of the Union set
out in the constitution;
"Union Trusts" means the trusts of
the Union set out in the
constitution.
6. Section 3 amended (Incorporation of the Baptist
Union)
Section 3(1) of the Principal Act is amended by
omitting "doctrines set forth in Schedule II" and
substituting "Union Doctrines".
7. Section 4 substituted
Section 4 of the Principal Act is repealed and the
following section is substituted:
4. Constitution of the Union
(1) The Union is to have a constitution that
sets out
(a) the doctrinal beliefs of the Union;
and
(b) the trusts of the Union; and
(c) the conditions on dealing with the
Union Trusts.
(2) The Union may, from time to time,
amend, alter, repeal or substitute the
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Baptist Union Incorporation Amendment Act 2006
Act No. of
s. 8
constitution in the manner set out in, and
as allowed by, the constitution.
8. Section 7 amended (Members entitled to vote)
Section 7 of the Principal Act is amended by
omitting "present at any such meeting of the age
of 21 years and upwards" and substituting "of
the church present at a meeting referred to in
section 6 who have attained the age of 18 years".
9. Section 10 substituted
Section 10 of the Principal Act is repealed and
the following sections are substituted:
10. Accounting records
The Union must
(a) keep such accounting records as
correctly record and explain its
financial position and
transactions, including any
transaction as trustee; and
(b) keep those records in a manner
that allows true and fair accounts
of the Union to be prepared from
time to time; and
(c) retain those records for a period
of not less than 10 years.
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Baptist Union Incorporation Amendment Act 2006
Act No. of
s. 9
10A. Auditing requirements
(1) The Union is to ensure that any financial
accounts of the Union, including any
accounts relating to the Union Trusts, are
audited at least once each calendar year
in accordance with this section.
(2) The audit is to be carried out by a person
who is a member of
(a) the Institute of Chartered
Accountants; or
(b) the Australian Society of
Certified Practising Accountants;
or
(c) the National Institute of
Accountants.
(3) The auditor is to provide the Union with
a certified copy of the audit stating
whether or not the Union has
(a) kept proper accounting records in
respect of the Union Trusts; and
(b) kept such information as required
to explain the financial
transactions of the Union during
the 12 months immediately
preceding the audit.
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Baptist Union Incorporation Amendment Act 2006
Act No. of
s. 10
10. Section 12 amended (Power of the Assembly to
make by-laws)
Section 12 of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from
subsection (1) and substituting the
following paragraph:
(a) the churches admitted to the
Union;
(b) by omitting from subsection (2) "and the
schedules thereto".
11. Section 19 repealed
Section 19 of the Principal Act is repealed.
12. Section 21 inserted
After section 20 of the Principal Act, the
following section is inserted:
21. Savings and transitional provisions
(1) In this section
"prior Act" means this Act as in force
immediately before the
commencement of the Baptist
Union Incorporation Amendment
Act 2006;
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Baptist Union Incorporation Amendment Act 2006
Act No. of
s. 13
"prior trusts" means the Union Trusts
set out in Schedule III of the prior
Act.
(2) If a transaction with respect to property
has been commenced under the prior
trusts and has not been completed before
the commencement of the Baptist Union
Incorporation Amendment Act 2006, the
transaction
(a) is to be completed in accordance
with the prior trusts; and
(b) on completion, is taken to have
been completed in accordance
with the constitution.
(3) Property held by the Union under the
prior trusts immediately before the
commencement of the Baptist Union
Incorporation Amendment Act 2006 is
taken to be held by the Union in
accordance with the Union Trusts.
13. Schedules I, II and III repealed
Schedules I, II and III to the Principal Act are
repealed.
Government Printer, Tasmania 9