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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Anglican Trusts Corporations (Amendment) Act
2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 2
2. Commencement 2
3. Principal Act 2
4. Title inserted 2
5. Definitions 2
6. New section 8A inserted 3
8A. Number of trustees 3
7. New section 12B inserted 3
12B. Joint use or ownership of church trust property 3
8. References to Church Assembly 5
9. Name of the Church 5
ENDNOTES 6
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PARLIAMENT OF VICTORIA
Initiated in Assembly 17 August 2000
A BILL
to amend the Act No. 797 of the Parliament of Victoria and for other
purposes.
Anglican Trusts Corporations
(Amendment) Act 2000
Preamble
1. The Act No. 797 of the Parliament of
Victoria provides for the establishment by
each diocese in Victoria of a corporate body
of trustees.
2. All dioceses have agreed that it is desirable
that the Act be amended to enable certain
changes to be made to the composition,
including the number, of the members of a
trusts corporation.
3. All dioceses have also agreed that it is
desirable that the Act be amended to enable
the use of church property jointly with a
church of another denomination in certain
circumstances.
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Anglican Trusts Corporations (Amendment) Act 2000
s. 1
Act No.
4. It is expedient to enact legislation for those
and other related purposes.
The Parliament of Victoria therefore enacts as follows:
1. Purpose
The purpose of this Act is to make certain
amendments to the Act No. 797 of the Parliament
of Victoria.
5 2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Principal Act
See:
In this Act, the Act No. 797 of the Parliament of
Act No. 797
and
10 Victoria is called the Principal Act.
amending
Act No. 10194.
Law Today:
www.dms.
dpc.vic.
gov.au
4. Title inserted
Before the preamble to the Principal Act insert--
"Anglican Trusts Corporations Act 1884".
5. Definitions
15 In the Principal Act--
(a) in section 1, insert the following
definition--
' "trusts corporation", in relation to a
diocese, means the corporate body of
20 trustees constituted within the diocese
under this Act.';
(b) in section 12A(1), omit the definition of
"Trusts Corporation".
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Act No.
6. New section 8A inserted
After section 8 of the Principal Act insert--
"8A. Number of trustees
The Synod of a diocese may, by Act of
5 Synod, alter the composition, including the
number, of trustees constituting the trusts
corporation of the diocese.".
7. New section 12B inserted
After section 12A of the Principal Act insert--
10 "12B. Joint use or ownership of church trust
property
(1) If an Act of the Synod of a diocese provides
for a scheme of co-operation to be entered
into--
15 (a) with or involving a church of another
denomination or any congregation or
activity of such a church; and
(b) for the use of specified real or personal
property vested in the trusts corporation
20 of the diocese--
the trusts corporation may permit that
property to be used, managed and
administered under and in connection with
that scheme during its continuance in such a
25 manner and on such conditions as are
specified in the scheme.
(2) The proceeds of sale or mortgage or any
other dealing with property referred to in
sub-section (1) may be applied in such
30 manner as may be determined under the
scheme.
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Act No.
(3) The conditions referred to in sub-section (1)
may include conditions with respect to--
(a) the making of contributions of money
for the acquisition, construction,
5 alteration, maintenance or repair of
assets vested in or held on behalf of
either or both the trusts corporation and
the co-operating church or
congregation; and
10 (b) the giving and taking of security or
charge in accordance with the scheme
over any property in respect of
contributions of money or money's
worth made or received under the
15 scheme and any property vested in the
trusts corporation in any scheme is, to
the extent set out in the scheme,
charged accordingly.
(4) The Registrar-General, the Registrar of
20 Titles and any person dealing in good faith
and for value with any property vested in the
trusts corporation is not bound to enquire
whether any security or charge referred to in
sub-section (3) exists and is not deemed to
25 have notice of any such security or charge by
reason only of this Act or the existence of a
scheme of co-operation under this section
and--
(a) a conveyance, transfer or other
30 assurance to another person operates as
a discharge of any security or charge so
referred to, in so far as the property
conveyed, transferred or assured would,
but for this sub-section, be so subject;
35 and
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Act No.
(b) a mortgage or charge in favour of
another person has priority over any
security or charge so referred to that
affects the property mortgaged or
5 charged in favour of that person.
(5) This section applies in relation to all
property at any time held by a trusts
corporation of a diocese except to the extent
that any property is held subject to any
10 express trust expressly forbidding its use in
any manner referred to in this section.
(6) Sub-section (5) does not prevent the use of
trust property in a manner referred to in this
section if the property was merely directed to
15 be held on trust for the worship or purposes
of the Church.".
8. References to Church Assembly
In the Principal Act--
(a) in sections 1, 2, 4, 9, 12 and 14, for "Church
20 Assembly" (wherever occurring) substitute
"Synod";
(b) in section 4A(1), omit "Church";
(c) in section 12, for "said Assembly" substitute
"Synod".
25 9. Name of the Church
In the Principal Act--
(a) in the definition of "Church" in section 1, for
"Church of England" substitute "Anglican
Church of Australia";
30 (b) in section 7, omit "the colony of".
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Anglican Trusts Corporations (Amendment) Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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