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This is a Bill, not an Act. For current law, see the Acts databases.
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:
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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;
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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.
__________________
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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.
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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.
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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.
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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.
__________________
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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
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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.
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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
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