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TASMANIA
__________
ROMAN CATHOLIC CHURCH PROPERTY
AMENDMENT BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Long title amended
5. Preamble amended
6. Section 3 amended (Interpretation)
7. Section 4 substituted
4. Constitution of body corporate as Roman
Catholic Church Trust Corporation of the
Archdiocese of Hobart
8. Section 5 amended (Vesting of Church property in
trustees)
9. Section 6 substituted
6. Power of body corporate
10. Section 7 amended (Trusts for Church purposes)
[Bill 91]-VI
2
ROMAN CATHOLIC CHURCH PROPERTY
AMENDMENT BILL 2004
(Brought in by the Premier, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Roman Catholic Church
Property Act 1932
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:
Short title
1. This Act may be cited as the Roman Catholic Church
Property Amendment Act 2004.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Roman Catholic Church Property Act
1932* is referred to as the Principal Act.
*No. 51 of 1932
[Bill 91] 3
s. 4 No. Roman Catholic Church Property 2004
Amendment
Long title amended
4. The long title of the Principal Act is amended by
inserting "and the commercial activities" after
"property".
Preamble amended
5. The preamble to the Principal Act is amended as
follows:
(a) by inserting "and to conduct any commercial
activities" after "them";
(b) by inserting "and the commercial activities"
after "to the property".
Section 3 amended (Interpretation)
6. Section 3 of the Principal Act is amended by omitting
the definition of "the trustees" and substituting the
following definitions:
"body corporate" means the Roman Catholic
Church Trust Corporation of the Archdiocese
of Hobart as continued under section 4;
"trustee" means a trustee appointed or continued
in office under section 4.
Section 4 substituted
7. Section 4 of the Principal Act is repealed and the
following section is substituted:
4
2004 Roman Catholic Church Property No. s. 7
Amendment
Constitution of body corporate as Roman
Catholic Church Trust Corporation of the
Archdiocese of Hobart
4. (1) The body corporate constituted under
section 4 of this Act, as in force immediately before
the commencement of the Roman Catholic Church
Property Amendment Act 2004, continues and is to
be known as the "Roman Catholic Church Trust
Corporation of the Archdiocese of Hobart".
(2) The body corporate has perpetual
succession and a common seal.
(3) The body corporate consists of three
trustees appointed by the Archbishop.
(4) The Archbishop, at any time, may remove
a trustee.
(5) The Archbishop may appoint another
trustee in the place of a trustee
(a) who has been removed under
subsection (4); or
(b) who has died.
(6) The seal of the body corporate is to be
affixed in the presence of at least two trustees who
are to sign their names to the instrument to which
the seal has been affixed.
(7) Except as provided in subsection (4), this
section does not affect the tenure or term of office of
a person who immediately before the commencement
of this section was a trustee.
5
s. 8 No. Roman Catholic Church Property 2004
Amendment
Section 5 amended (Vesting of Church property in
trustees)
8. Section 5 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(a) "trustees of
the property of the Roman Catholic Church in
Tasmania appointed under the Church of
Rome Trustee Act" and substituting "body
corporate";
(b) by omitting from subsection (1) "trustees"
second occurring and substituting "body
corporate";
(c) by omitting from subsection (1) "trustees"
third occurring and substituting "body
corporate";
(d) by omitting from subsection (1) "trustees"
fourth occurring and substituting "body
corporate";
(e) by omitting from subsection (1) "them" and
substituting "it";
(f) by omitting from subsection (2) "trustees"
three times occurring and substituting "body
corporate".
Section 6 substituted
9. Section 6 of the Principal Act is repealed and the
following section is substituted:
6
2004 Roman Catholic Church Property No. s. 9
Amendment
Power of body corporate
6. (1) The body corporate has all the powers of a
natural person, including (without limitation) the
power
(a) to purchase, take on lease or acquire by
gift, devise, bequest, exchange or
otherwise any real or personal property;
and
(b) to conduct any commercial activities
which are, or may be, for the benefit of
the Roman Catholic Church or of any
order, congregation, community or
association of the Roman Catholic
Church; and
(c) by itself, or by a person authorised in
writing in that behalf under its common
seal, to deal with and dispose of money,
choses in action and choses in possession
at any time vested in it or in any person
on its behalf; and
(d) by itself, or by a person authorised in
writing in that behalf under its common
seal, to draw, make, accept, endorse and
discount promissory notes, bills of
exchange and other negotiable or
transferable securities or instruments;
and
(e) to do and perform all acts, matters and
things and make and execute all
contracts, documents, writings and
assurances that in its opinion are, or
may be, for its benefit or the benefit of
the Roman Catholic Church; and
7
s. 10 No. Roman Catholic Church Property 2004
Amendment
(f) to borrow money on the security of
personal property or without security on
any terms and conditions as the body
corporate considers desirable; and
(g) in respect of real and personal property
outside Tasmania at any time vested in
or owned by it, to delegate by writing
under its common seal to an attorney all
or any of the powers conferred by this
section; and
(h) to execute any document and to do any
other thing the execution or doing of
which, in its opinion, is necessary or
convenient to achieve its objects.
(2) The Archbishop, on any terms and
conditions and in any manner as he thinks fit, may
direct the sale, lease, exchange, mortgage or other
disposition of any property vested in the body
corporate, and may alter or revoke the direction.
(3) This section does not authorise the sale,
lease or other disposition of any part of a cemetery
or place for the interment of the dead which may be
vested in the Roman Catholic Church in Tasmania,
or in any person or persons in trust for that Church,
in which any interment may have taken place.
Section 7 amended (Trusts for Church purposes)
10. Section 7 of the Principal Act is amended by omitting
"trustees" twice occurring and substituting "body
corporate".
8 Government Printer, Tasmania