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MACEDONIAN ORTHODOX CHURCH (VICTORIA) PROPERTY TRUST BILL 2009

PARLIAMENT OF VICTORIA Macedonian Orthodox Church (Victoria) Property Trust Bill 2009 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 2 1 Purpose 2 2 Commencement 2 3 Definitions 2 PART 2--MACEDONIAN ORTHODOX CHURCH (VICTORIA) PROPERTY TRUST 4 4 Establishment of Trust 4 5 Functions and powers of Trust 4 6 Delegation by Trust 5 7 Board of trustees 5 8 Vacation of membership 6 9 Terms and conditions of appointments and election of members 6 10 Delegation by Metropolitan 6 11 Meetings of the Board 7 12 Official seal 7 PART 3--VESTING OF CERTAIN PROPERTY IN THE TRUST 8 13 Vesting of certain property in the Trust 8 14 Exemption from duty and other taxes 9 15 Amendment of Register 9 ENDNOTES 10 561309B.I-6/5/2009 i BILL LA INTRODUCTION 6/5/2009

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Macedonian Orthodox Church (Victoria) Property Trust Bill 2009 A Bill for an Act to establish a corporate trustee for the Macedonian Orthodox Church within Victoria to acquire, hold, deal with and dispose of property for the benefit of the Church, to provide for the vesting of certain property in the corporate trustee and for other purposes. Preamble (1) The Macedonian Orthodox Church within Victoria is part of the Macedonian Orthodox Church, Diocese of Australia and New Zealand. (2) The property of the Church within Victoria is currently held by individuals on behalf of the Church. (3) It is expedient that a body corporate be established to hold trust property for the benefit of the Church within Victoria and that certain property be vested in that body corporate. The Parliament of Victoria therefore enacts: 561309B.I-6/5/2009 1 BILL LA INTRODUCTION 6/5/2009

 


 

Macedonian Orthodox Church (Victoria) Property Trust Bill 2009 Part 1--Preliminary s. 1 PART 1--PRELIMINARY 1 Purpose The purpose of this Act is to-- (a) establish a corporate trustee for the 5 Macedonian Orthodox Church within Victoria to acquire, hold, deal with and dispose of property for the benefit of the Church; and (b) provide for the vesting of certain property in 10 the corporate trustee. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3 Definitions 15 In this Act-- Board means the Board of trustees under section 7(1); Church means the Macedonian Orthodox Church within Victoria; 20 Deputy Bishop means the Deputy Bishop of the Macedonian Orthodox Church, Diocese of Australia and New Zealand, who is appointed by the Metropolitan; Diocesan Assembly means the Diocesan 25 Assembly of the Macedonian Orthodox Church, Diocese of Australia and New Zealand, constituted under the Diocesan Statute; 561309B.I-6/5/2009 2 BILL LA INTRODUCTION 6/5/2009

 


 

Macedonian Orthodox Church (Victoria) Property Trust Bill 2009 Part 1--Preliminary s. 3 Diocesan Statute means the statute of the Macedonian Orthodox Church, Diocese of Australia and New Zealand, authorised and certified by the Archbishopric Church and 5 Lay Assembly of the Macedonian Orthodox Church on 24 February 1996 as that statute is amended and in force from time to time; member means a member of the Board under section 7(2); 10 Metropolitan means the Bishop of the Macedonian Orthodox Church, Diocese of Australia and New Zealand, who is appointed by the Holy Synod of the Macedonian Orthodox Church; 15 Trust means the Macedonian Orthodox Church (Victoria) Property Trust established under section 4; trustee means a member. __________________ 561309B.I-6/5/2009 3 BILL LA INTRODUCTION 6/5/2009

 


 

Macedonian Orthodox Church (Victoria) Property Trust Bill 2009 Part 2--Macedonian Orthodox Church (Victoria) Property Trust s. 4 PART 2--MACEDONIAN ORTHODOX CHURCH (VICTORIA) PROPERTY TRUST 4 Establishment of Trust (1) There is established a trust known as the 5 Macedonian Orthodox Church (Victoria) Property Trust. (2) The Trust-- (a) is a body corporate with perpetual succession; and 10 (b) has an official seal; and (c) may sue or be sued; and (d) is capable of acquiring, holding, dealing with and disposing of property; and (e) is capable of doing or suffering anything 15 which by law bodies corporate may do or suffer. 5 Functions and powers of Trust (1) The functions of the Trust are-- (a) to acquire, hold, deal with and dispose of 20 property located within Victoria for the benefit of the Church; and (b) to act as trustee under express trusts for the benefit of the Church created by gift or will; and 25 (c) to carry out any other function conferred on or given to the Trust by or under this Act or any other Act. (2) The Trust has power to do all things necessary for carrying out its functions. 561309B.I-6/5/2009 4 BILL LA INTRODUCTION 6/5/2009

 


 

Macedonian Orthodox Church (Victoria) Property Trust Bill 2009 Part 2--Macedonian Orthodox Church (Victoria) Property Trust s. 6 (3) The Trust has power to execute an indemnity in favour of a member and any liability under that indemnity may be fulfilled by any property of the Trust unless that property is subject to an express 5 trust inconsistent with the fulfilment of an indemnity. (4) The Trust must not acquire, hold, deal with or dispose of property located outside Victoria. 6 Delegation by Trust 10 The Trust, by written resolution under its seal, may delegate to any person any function or power of the Trust, other than this power of delegation. 7 Board of trustees (1) The Trust must have a Board of trustees. 15 (2) The members of the Board are-- (a) the Metropolitan, who is the president; and (b) the Deputy Bishop, who is the vice- president; and (c) the vice-president of the Diocesan Assembly; 20 and (d) a secretary, who is appointed by the Metropolitan; and (e) a treasurer, who is appointed by the Metropolitan; and 25 (f) a representative of the monasteries in Victoria of the Church who is appointed by the Metropolitan; and (g) three lay persons elected by the Diocesan Assembly and confirmed by the 30 Metropolitan. 561309B.I-6/5/2009 5 BILL LA INTRODUCTION 6/5/2009

 


 

Macedonian Orthodox Church (Victoria) Property Trust Bill 2009 Part 2--Macedonian Orthodox Church (Victoria) Property Trust s. 8 (3) The Board-- (a) is responsible for the management of the affairs of the Trust; and (b) may exercise the powers of the Trust. 5 8 Vacation of membership The office of a member becomes vacant if the member-- (a) dies; or (b) resigns by notice in writing to the Trust; or 10 (c) becomes insolvent under administration; or (d) becomes a represented person within the meaning of the Guardianship and Administration Act 1986. 9 Terms and conditions of appointments and election 15 of members (1) A member appointed by the Metropolitan under section 7(2)(d), 7(2)(e) or 7(2)(f) is subject to any terms and conditions that are specified in the member's instrument of appointment. 20 (2) A member elected by the Diocesan Assembly and confirmed by the Metropolitan under section 7(2)(g) is subject to any rules that are made by the Diocesan Assembly and confirmed by the Metropolitan. 25 10 Delegation by Metropolitan The Metropolitan, in writing, may delegate to the Deputy Bishop any function or power of the Metropolitan under this Act, other than this power of delegation. 561309B.I-6/5/2009 6 BILL LA INTRODUCTION 6/5/2009

 


 

Macedonian Orthodox Church (Victoria) Property Trust Bill 2009 Part 2--Macedonian Orthodox Church (Victoria) Property Trust s. 11 11 Meetings of the Board (1) The Metropolitan must preside at a meeting of the Board at which the Metropolitan is present. (2) If the Metropolitan is absent, the Deputy Bishop 5 must preside at the meeting. (3) Five members for the time being, of whom one must be the Metropolitan or the Deputy Bishop, constitute a quorum of the Board. (4) A decision of the Board is not invalid merely 10 because of a vacancy in the membership of the Board. (5) Subject to this Act, the Board may regulate its own proceedings. 12 Official seal 15 (1) The Board must provide for the safe custody of the seal of the Trust which must only be used in accordance with a resolution of the Board. (2) An instrument to which the seal is affixed must be signed by at least 3 members. __________________ 561309B.I-6/5/2009 7 BILL LA INTRODUCTION 6/5/2009

 


 

Macedonian Orthodox Church (Victoria) Property Trust Bill 2009 Part 3--Vesting of Certain Property in the Trust s. 13 PART 3--VESTING OF CERTAIN PROPERTY IN THE TRUST 13 Vesting of certain property in the Trust (1) On the commencement of this Act-- 5 (a) the interests in Church property held by Petar Karevski, Jovica Simonovski and Tone Gulev immediately before that commencement are vested in the Trust; and (b) the Trust is to be taken to be the registered 10 proprietor of the interests in Church property held by Petar Karevski, Jovica Simonovski and Tone Gulev; and (c) any rights and liabilities of Petar Karevski, Jovica Simonovski and Tone Gulev under 15 any mortgage of Church property become rights and liabilities of the Trust; and (d) in relation to the interests in Church property held by Petar Karevski, Jovica Simonovski and Tone Gulev, the Trust is to be taken to 20 be the successor in law of Petar Karevski, Jovica Simonovski and Tone Gulev. (2) In this section-- Church property means-- (a) the land described in folio of the 25 Register Volume 9361 Folio 679; and (b) the land described in folio of the Register Volume 10689 Folio 945; and (c) the land described in folio of the Register Volume 10689 Folio 946; and 30 (d) the land described in folio of the Register Volume 10689 Folio 947; and 561309B.I-6/5/2009 8 BILL LA INTRODUCTION 6/5/2009

 


 

Macedonian Orthodox Church (Victoria) Property Trust Bill 2009 Part 3--Vesting of Certain Property in the Trust s. 14 (e) the land described in folio of the Register Volume 10689 Folio 948. 14 Exemption from duty and other taxes No duty or other tax is chargeable under any other 5 Act in respect of the operation of this Part or 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. 15 Amendment of Register 10 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 1958 that are necessary because of the operation 15 of section 13. 561309B.I-6/5/2009 9 BILL LA INTRODUCTION 6/5/2009

 


 

Macedonian Orthodox Church (Victoria) Property Trust Bill 2009 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561309B.I-6/5/2009 10 BILL LA INTRODUCTION 6/5/2009