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PARLIAMENT OF VICTORIA
Coptic Orthodox Church (Victoria) Property Trust
Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
3. Definitions 2
4. Appointed day 3
PART 2--COPTIC ORTHODOX CHURCH (VICTORIA)
PROPERTY TRUST 5
Division 1--General 5
5. Establishment 5
6. Functions and powers 6
7. Membership 6
8. Vacation of office 6
9. Alternative members 7
10. Meetings 7
Division 2--Further Powers of the Trust 8
11. Further general powers 8
12. Pooling of trust funds 8
PART 3--THE TRUST AS TRUSTEE FOR THE CHURCH
AND SUCCESSOR OF THE CHURCH ASSOCIATIONS 9
13. Transfer from the Bishop 9
14. Transfer from the Church associations and cancellation of
their incorporation 9
15. Effect of gifts etc. 10
16. Application of trust funds 11
17. Exemption from duty and other taxes 11
18. Amendment of Register 12
__________________
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Clause Page
SCHEDULES 13
SCHEDULE 1--Church Associations 13
SCHEDULE 2--Property and Liabilities of Bishop to Vest in Trust 14
ENDNOTES 16
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551476B.I1-18/7/2006 BILL LA INTRODUCTION 18/7/2006
PARLIAMENT OF VICTORIA
A BILL
to establish a corporate trustee for the Coptic Orthodox Church within
the Diocese of Melbourne and Affiliated Regions to hold property for
the benefit of the Coptic Orthodox Church in that Diocese, to provide
for the vesting of certain property in the trustee, to cancel the
incorporation of certain associations and for other purposes.
Coptic Orthodox Church (Victoria)
Property Trust Act 2006
Preamble
(1) The Coptic Orthodox Church's Diocese
of Melbourne and Affiliated Regions
encompasses Victoria, South Australia,
Western Australia, Tasmania, the
Australian Capital Territory, New
Zealand and certain Pacific island
nations.
(2) The property of the Church within the
Diocese is currently held by the Bishop
of the Church and by certain
incorporated associations.
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s. 1
Act No.
(3) It is expedient that a body corporate be
established to hold trust property on
behalf of the Church within the
Diocese, that trust property be
transferred to that body corporate, and
that the incorporation of the
associations that formerly held the trust
property be cancelled.
The Parliament of Victoria therefore enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to establish a corporate
trustee for the Coptic Orthodox Church within the
Diocese of Melbourne and Affiliated Regions to
5
hold property for the benefit of the Coptic
Orthodox Church in that Diocese, to provide for
the vesting of certain property in the corporate
trustee and to cancel the incorporation of certain
associations.
10
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Definitions
In this Act--
15
"appointed day" means the beginning of the day
appointed under section 4;
"appointed member" of the Trust means a
member of the Trust appointed under
section 7(3).
20
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Act No.
Part 1--Preliminary
s. 4
"Bishop" means the Bishop of the Church or, if
the Bishop of the Church is absent from
Victoria or otherwise unable to perform the
functions of office, or there is a vacancy in
the See, the person for the time being entitled
5
to perform the functions of Bishop according
to the rules and customs of the Church;
"Church" means the Coptic Orthodox Church,
Diocese of Melbourne and Affiliated
Regions, an indivisible part of the Coptic
10
Orthodox Church of Alexandria and the See
of St Mark, a hierarchical Christian body
whose leader, overseer and shepherd is the
Pope of Alexandria and Patriarch of the See
of St Mark;
15
"Church association" means a body specified in
Schedule 1, being an association
incorporated under the Associations
Incorporation Act 1981;
"function" includes power, duty and authority;
20
"perform" a function includes exercise a power;
"Trust" means the Coptic Orthodox Church
(Victoria) Property Trust established by this
Act;
"trust property" means property acquired by or
25
vested in the Trust.
4. Appointed day
(1) The Bishop must cause a notice to be published in
the Government Gazette appointing a day as the
day on which the Trust is established, and, in
30
accordance with this Act, property is transferred
to the Trust and the incorporation of the Church
associations is cancelled.
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Act No.
Part 1--Preliminary
s. 4
(2) The notice must include--
(a) the names of the first appointed members of
the Trust; and
(b) the name and registration number of each
Church association.
5
__________________
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Act No.
Part 2--Coptic Orthodox Church (Victoria) Property Trust
s. 5
PART 2--COPTIC ORTHODOX CHURCH (VICTORIA)
PROPERTY TRUST
Division 1--General
5. Establishment
(1) On the appointed day, the Coptic Orthodox
5
Church (Victoria) Property Trust is established.
(2) The Trust--
(a) is a body corporate with perpetual
succession;
(b) must have an official seal;
10
(c) may sue and be sued;
(d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
15
(3) The official seal of the Trust must be kept as
directed by the Trust and may only be used as
authorised by the Trust.
(4) All courts must take judicial notice of the official
seal on a document and, until the contrary is
20
proved, must presume that the document was
properly sealed.
(5) Every instrument to which the official seal of the
Trust is affixed must be signed by not less than
2 members of the Trust.
25
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Part 2--Coptic Orthodox Church (Victoria) Property Trust
s. 6
6. Functions and powers
(1) The functions of the Trust are--
(a) to acquire, hold, deal with and dispose of
real and personal property as trustee for, or
for the purposes of, the Church;
5
(b) to act as trustee under express trusts for the
purposes of the Church created by gift or
will;
(c) any other functions conferred on the Trust by
this Act.
10
(2) The Trust has power to do all things necessary or
convenient to be done for, or in connection with,
the performance of its functions.
7. Membership
(1) The Trust consists of not less than 3 members.
15
(2) One member must be the Bishop.
(3) The other members must be people appointed by
the Bishop.
(4) A member appointed by the Bishop holds office
for the period specified by the Bishop when the
20
appointment is made.
8. Vacation of office
The office of an appointed member of the Trust
becomes vacant if the member--
(a) dies; or
25
(b) resigns his or her office by notice in writing
to the Trust; or
(c) becomes insolvent; or
(d) becomes a represented person within the
meaning of the Guardianship and
30
Administration Act 1986.
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Part 2--Coptic Orthodox Church (Victoria) Property Trust
s. 9
9. Alternative members
(1) The Bishop may appoint an alternative member to
act in the place of an appointed member who is
absent or who, for any other reason, is unable to
perform the duties of office.
5
(2) An alternative member may be appointed for a
term or to hold office for the period of absence or
inability of the member for whom he or she is to
act.
(3) An alternative member has all the powers, and
10
must perform all the duties, of the member for
whom the alternative member is acting.
10. Meetings
(1) The following person is to preside at a meeting of
the Trust--
15
(a) the Bishop; or
(b) a member appointed by the members present
if the Bishop is absent.
(2) The quorum of the Trust is a majority for the time
being of the members of the Trust.
20
(3) A question arising at a meeting is determined by a
majority of votes and the person presiding has a
deliberative vote and, in the case of an equality of
votes, a second or casting vote.
(4) The Trust must ensure that accurate minutes are
25
kept of its meetings.
(5) The Trust may permit members to participate in a
particular meeting, or all meetings, by telephone,
video conference or any other means of
communication that does not require the physical
30
presence of each member in the same place.
(6) Subject to this section, the Trust may regulate its
own procedure.
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Part 2--Coptic Orthodox Church (Victoria) Property Trust
s. 11
Division 2--Further Powers of the Trust
11. Further general powers
Without limiting the generality of section 5(2), the
Trust may--
(a) acquire or hold property in its own right, as
5
joint tenant or as tenant in common;
(b) enter into a scheme of co-operation with
another denomination;
(c) mortgage, charge or otherwise encumber
trust property;
10
(d) invest or lend any trust funds held by it in
accordance with the terms of any trust to
which the funds are subject;
(e) accept appointment, and act, as an
administrator, executor or trustee;
15
(f) give guarantees and indemnities.
12. Pooling of trust funds
(1) The Trust may invest trust funds held by it for
different purposes, or any part of those funds, as
one or more common funds.
20
(2) Any income arising from the investment of a
common fund may be distributed rateably for the
benefit of carrying out the several purposes for
which the money invested is held on trust.
(3) Any loss arising from the investment of a
25
common fund is to be distributed rateably to the
detriment of carrying out the several purposes for
which the money invested is held on trust.
__________________
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Part 3--The Trust as Trustee for the Church and Successor of the Church
s. 13
Associations
PART 3--THE TRUST AS TRUSTEE FOR THE CHURCH
AND SUCCESSOR OF THE CHURCH ASSOCIATIONS
13. Transfer from the Bishop
(1) On the appointed day--
(a) all property and rights vested in or held by
5
the Bishop on trust for the Church or the
purposes of the Church vest in the Trust;
(b) all liabilities of the Bishop as trustee for the
Church or the purposes of the Church
become liabilities of the Trust.
10
(2) Without limiting sub-section (1), on the appointed
day--
(a) the land described in the folios of the
Register that are set out in Part 1 of
Schedule 2 vests in the Trust; and
15
(b) any liability of the Bishop under a mortgage
of land described in a folio of the Register
set out in Part 2 of Schedule 2 becomes a
liability of the Trust.
14. Transfer from the Church associations and
20
cancellation of their incorporation
(1) On the appointed day--
(a) all property and rights of the Church
associations or of any of them vest in the
Trust;
25
(b) all liabilities of the Church associations or of
any of them become liabilities of the Trust;
(c) without limiting paragraph (a) or (b), the
Trust is substituted as a party to any
arrangement or contract entered into by or on
30
behalf of the Church associations or of any
of them as a party;
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Part 3--The Trust as Trustee for the Church and Successor of the Church
s. 15
Associations
(d) the Trust is the successor in law of each
Church association;
(e) the incorporation of each of the Church
associations is cancelled.
(2) Any reference to a Church association in any
5
document must be construed as a reference to the
Trust, so far as it relates to any period on or after
the appointed day and if not inconsistent with the
context or subject-matter.
15. Effect of gifts etc.
10
(1) A gift, disposition or trust of property that, before
the appointed day, has been or is taken to have
been made or declared (whether by deed, will or
otherwise) to, in favour of, or for a purpose of, the
Bishop (on behalf of the Church), the Church or a
15
Church association--
(a) does not fail only because of the provisions
of this Act; and
(b) if it is capable of taking effect to any extent
on or after the appointed day, takes effect to
20
that extent as if it were made or declared--
(i) to or in favour of the Trust; and
(ii) for a purpose of the Trust
corresponding with, or similar to, the
purpose for which it was, or was taken
25
to be, made or declared.
(2) A gift, disposition or trust of property that, on or
after the appointed day, is or is taken to be made
or declared (whether by deed, will or otherwise)
to, in favour of, or for a purpose of, the Bishop
30
(on behalf of the Church), the Church or a Church
association takes effect when it is, or is taken to
be, made or declared--
(a) to or in favour of the Trust; and
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Part 3--The Trust as Trustee for the Church and Successor of the Church
s. 16
Associations
(b) for a purpose of the Trust corresponding
with, or similar to, the purpose for which it
was, or was taken to be, made or declared.
16. Application of trust funds
(1) A trust fund that, before the appointed day, has
5
been created (whether by deed, will or otherwise)
in favour of, or for a purpose of, the Bishop (on
behalf of the Church), the Church or a Church
association--
(a) does not fail only because of the provisions
10
of this Act; and
(b) if it is capable of being applied to any extent
on or after the appointed day, may be applied
to that extent as if it were created--
(i) in favour of the Trust; and
15
(ii) for a purpose of the Trust
corresponding with, or similar to, the
purpose for which it was created.
(2) A trust fund that, on or after the appointed day, is
created (whether by deed, will or otherwise) in
20
favour of, or for a purpose of, the Bishop (on
behalf of the Church), the Church or a Church
association may be applied as if it were created--
(a) in favour of the Trust; and
(b) for a purpose of the Trust corresponding
25
with, or similar to, the purpose for which it
was created.
17. Exemption from duty and other taxes
No duty or other tax is chargeable under any other
Act in respect of the operation of this Part or
30
anything done under this Part or in respect of any
act or transaction connected with or necessary to
be done by reason of this Part.
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Act No.
Part 3--The Trust as Trustee for the Church and Successor of the Church
s. 18
Associations
18. Amendment of Register
The Registrar of Titles, on being requested to do
so and on delivery of any relevant certificate of
title or instrument, must make any amendments in
the Register under the Transfer of Land Act
5
1958 that are necessary because of the operation
of this Part.
__________________
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Coptic Orthodox Church (Victoria) Property Trust Act 2006
Act No.
Sch. 1
SCHEDULES
SCHEDULE 1
CHURCH ASSOCIATIONS
Name of association Registration number
Coptic Orthodox Church Diocese of Melbourne A0040124U
Inc.
Coptic Orthodox Patriarchate Anba Bishoy and A0024366D
Anba Shenouda Church Inc.
Coptic Orthodox Patriarchate Archangel Mikhail A0026737H
& St Anthony Church Inc.
Coptic Orthodox Patriarchate St. George Church A0015982E
Inc.
Coptic Orthodox Patriarchate St. Mina and A0026767T
St. Marina's Church Inc.
Coptic Orthodox Patriarchate (Parish of Victoria) A0017126R
"St Mary's Church" Inc.
Coptic Orthodox Church St Mark's Inc. A0015603P
__________________
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Coptic Orthodox Church (Victoria) Property Trust Act 2006
Act No.
Sch. 2
SCHEDULE 2
PROPERTY AND LIABILITIES OF BISHOP TO VEST IN TRUST
PART 1--LAND TO BE VESTED
Volume 2302 Folio 371 Volume 9801 Folio 903
Volume 2888 Folio 426 Volume 05566 Folio 119
Volume 3277 Folio 261 Volume 08150 Folio 180
Volume 3536 Folio 161 Volume 08196 Folio 285
Volume 3536 Folio 172 Volume 08232 Folio 104
Volume 3733 Folio 600 Volume 08877 Folio 772
Volume 4686 Folio 121 Volume 08877 Folio 773
Volume 4725 Folio 992 Volume 08877 Folio 774
Volume 7565 Folio 032 Volume 08877 Folio 775
Volume 8102 Folio 393 Volume 10044 Folio 534
Volume 8212 Folio 329 Volume 10129 Folio 527
Volume 8435 Folio 638 Volume 10129 Folio 528
Volume 8435 Folio 656 Volume 10129 Folio 529
Volume 8435 Folio 657 Volume 10129 Folio 530
Volume 8737 Folio 615 Volume 10156 Folio 863
Volume 8737 Folio 616 Volume 10352 Folio 150
Volume 8776 Folio 541 Volume 10352 Folio 155
Volume 8988 Folio 307 Volume 10352 Folio 156
Volume 9058 Folio 418 Volume 10689 Folio 638
Volume 9292 Folio 538
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Coptic Orthodox Church (Victoria) Property Trust Act 2006
Act No.
Sch. 2
PART 2--LAND SUBJECT TO MORTGAGE
Volume 2302 Folio 371 Volume 8737 Folio 616
Volume 3277 Folio 261 Volume 8776 Folio 541
Volume 3536 Folio 161 Volume 8988 Folio 307
Volume 3536 Folio 172 Volume 9058 Folio 418
Volume 4686 Folio 121 Volume 9801 Folio 903
Volume 4725 Folio 992 Volume 08877 Folio 772
Volume 7565 Folio 032 Volume 10044 Folio 534
Volume 8102 Folio 393 Volume 10129 Folio 528
Volume 8435 Folio 638 Volume 10129 Folio 529
Volume 8435 Folio 656 Volume 10156 Folio 863
Volume 8435 Folio 657 Volume 10689 Folio 638
Volume 8737 Folio 615
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Coptic Orthodox Church (Victoria) Property Trust Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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