Published: 2019-10-21
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Churches of Christ Tasmania Act 1978
An Act to provide for the constitution and function of the Churches of Christ, Tasmania and for the vesting of certain property in that body upon trust for its affiliated members, and for related purposes
[Royal Assent 31 January 1979]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:
(1) This Act may be cited as the Churches of Christ Tasmania Act 1978 .(2) The Associated Churches of Christ Property Management Act 1930 is repealed.
In this Act, unless the contrary intention appears –affiliated Church of Christ means a Church of Christ admitted to the Association in accordance with the Constitution of the Association;Associated Churches of Christ, Tasmania means the body corporate of that name created by the Associated Churches of Christ Property Management Act 1930 ;Association means Churches of Christ, Tasmania incorporated by section 4 of this Act;by-law means a by-law, law, rule, regulation, or resolution of the Convention duly passed in accordance with the constitution;Church of Christ means those persons whose names are for the time being on the roll of any particular congregation known or styled as a Church of Christ in any particular place in the State of Tasmania;Churches of Christ, Tasmania means the body corporate incorporated under section 4 ;constitution means the constitution for the time being of the Association;convention means the annual meeting or special meeting of the Association convened and conducted in accordance with its constitution and by-laws;executive means the executive body of the Association as the same shall be from time to time constituted in accordance with the constitution and by-laws;instrument has the same meaning as in the Trustee Act 1898 ;member means any person who shall have his or her name inserted and remaining upon the roll of persons belonging to any Church of Christ according to the custom and practice of such Church;property includes –(a) real and personal property and any estate or interest therein; and(b) the right to receive income;special meeting means a special meeting of the members of any Church of Christ convened and conducted in accordance with section 13 ;trust property means property vested in, or acquired by, the Association by or pursuant to sections 5 , 6 , 7 , or 12 (1) (b) of this Act.
Nothing in this Act shall be held to affect the government of any Church of Christ now or hereafter coming under the operation of this Act in any matter not expressly referred to in this Act.
(1) There shall be an Association which shall be a body corporate to be called the "Churches of Christ, Tasmania", which shall have perpetual succession and a common seal.(2) The members of the Association shall be –(a) the members of the Associated Churches of Christ, Tasmania at the commencement of this Act; and(b) any members admitted to the Association in accordance with the constitution of the Association.(3) The Association may purchase, receive, or hold property of any description, either subject to trusts or encumbrances, or absolutely, and may sell or otherwise dispose of, or mortgage, any property other than trust property standing in the name of the Association.(4) The Association may sell or otherwise dispose of, or mortgage, any property other than trust property, standing in the name of the Association only if it is directed to so deal with the property by the convention.(5) The Association may raise money from all or any of the churches or members, either direct or by the committees appointed by convention, for such purposes as the convention may determine, and may receive gifts and legacies, and use the same as designated by the donor or otherwise as convention directs if not so designated.(6) The executive shall have the custody of the common seal of the Association, and a majority of members of the executive shall have power to use or direct the use of such seal for the purposes for which the use of the seal is required.(7) The seal shall only be affixed by virtue of a resolution of a majority of the executive members, and in the presence of two members of the executive, and the President or Secretary for the time being of convention, and the two members and the President or Secretary shall sign their names to the document to which the seal is so affixed.(8) The Associated Churches of Christ, Tasmania is continued in existence in accordance with this Act as the Churches of Christ, Tasmania.
5. Rescission of existing trusts
(1) The lands and buildings described in column 2 of Schedule 1 are by this Act vested in the Association as trustee for the affiliated Churches of Christ respectively named and mentioned opposite in column 1 of Schedule 1 to hold the same, subject to the provisions of this Act, and upon the trusts declared and set out in Schedule 2 with the powers there and elsewhere in this Act expressed, freed and absolutely discharged from the trusts and equities previously declared or existing in favour of the members of the respective Churches of Christ.(2) The land described in column 1 of Schedule 3 is by this Act vested in the Association to hold the same subject to the provisions of the instrument mentioned opposite in column 2 of Schedule 3 .
6. Rescission of trusts of lands if Churches subsequently affiliated
(1) Upon the admission of a Church of Christ to the Association, the Association shall become the trustee of the property of that Church of Christ only if the Church of Christ passes a motion in accordance with section 13 placing all or any specified part of its property under the trusteeship of the Association.(2) A Church of Christ may pass a motion under subsection (1) at any time prior to or after its admission to the Association as an affiliated Church of Christ.(3) If a Church of Christ passes a motion under subsection (1) the Association shall hold the property comprised in the motion as trustee for that Church of Christ freed and discharged from the trusts and equities declared or existing in favour of the members of that Church of Christ immediately prior to the passing of the motion and the Association shall hold the same subject to the provisions of this Act and upon the trusts set out in Schedule 2 .
All property which may hereafter become vested in the Association as trustee for any Church of Christ associated or hereafter becoming associated under this Act, whether by deed, will, codicil, or otherwise, shall be held upon the trusts (if any) declared by such deed, will, codicil, or otherwise but so far as such trusts (if any) do not extend to or are inconsistent with the trusts set forth in Schedule 2 to this Act the same shall be held upon the last-mentioned trusts.
(1) Except in the case where section 10 applies the only function of the Association in its capacity of trustee for an affiliated Church of Christ shall be to hold the trust property and invest funds it may receive in respect of the property, and dispose of the property as the particular affiliated Church of Christ at a special meeting shall direct, and for that purpose the Association shall execute all such documents and perform all such acts as the affiliated Church of Christ at a special meeting directs.(2) As between the Association and an affiliated Church of Christ and without prejudice to the rights and equities of any other person, the Association shall have the custody of all securities and documents of title relating to trust property, but that Church of Christ shall have free access to such securities and documents of title, and be entitled to take copies of the extracts from them.(3) The Association shall not be liable for any act or default of any affiliated Church of Christ or of the Board of Elders and Deacons or other governing authority of any such Church of Christ.(4) All actions and proceedings touching or concerning trust property shall be brought or defended in the name of the Association as trustee for the affiliated Church of Christ.(5) A person dealing with the Association or the Recorder of Titles shall not be concerned to enquire as to the concurrence or otherwise of any affiliated Church of Christ in any matter or be affected by notice of the fact that the affiliated Church of Christ has not concurred therein.(6) The Association may receive, for acting as trustee, such remuneration as may be authorized by resolution of convention.(7) Before the Association executes any document or performs any act under subsection (1) it may require a further special meeting of the affiliated Church of Christ to ratify the direction to the Association to deal with the trust property of the affiliated church.
9. Saving certain existing rights
Nothing in this Act shall be taken to affect any transaction concerning any property which is subject to this Act if the transaction was entered into before the commencement of this Act, and was entered into for valuable consideration, bona fide and without notice by any of the parties to the transaction of the trusts affecting the property.
10. Dissolution of Church of Christ: disposal of property
(1) Where any affiliated Church of Christ, whether its property is vested in the Association as trustee under this Act or not, is dissolved or dispersed and not formed again within 6 months after such dissolution or dispersal or if the stated public worship of God in premises of such Church of Christ shall be discontinued for two consecutive years, then in either case the interest of such Church of Christ in any property shall vest in the Association.(2) Where any property vests in the Association under subsection (1) , the Association shall hold the same free from trusts under this Act but subject to any encumbrance to which the property was subject at the time of the vesting.(3) When any property is vested in the Association under this section the Association may let, sell, or otherwise dispose of the whole or any part of the same and the proceeds of the letting, sale, or other disposal shall be applied firstly to the satisfaction of any encumbrances subject to which the property vested in the Association, secondly, to the expenses and charges of the letting, sale, or other disposal of the property, and thirdly, as directed by convention.
11. Property may be released from trust
A special meeting of the members of any affiliated Church of Christ whose property is free from encumbrances may release such property or any part of the same from the trusts set out in Schedule 2 whereupon the property shall vest in the Association absolutely freed and discharged from the trusts.
12. Property may be sold or held on trust at the discretion of convention
(1) Without prejudice to its powers under section 4 of this Act, the Association shall, at the direction of convention –(a) transfer, convey, assign, or otherwise assure to any person named in the direction, subject to any conditions imposed by convention and expressed in the direction, any property vested absolutely in the Association, other than trust property;(b) hold any property vested in it absolutely, on the trusts set out in Schedule 2 in favour of any affiliated Church of Christ named in the direction; or(c) hold any property vested in it absolutely subject to any trusts set out in the direction.(2) After the transfer, conveyance, assignment, or assurance of any property pursuant to subsection (1) (a) the property so transferred, conveyed, assigned, or assured shall be freed and discharged from any trusts taking effect under this Act to which the property was subject immediately prior to the transfer, conveyance, assignment, or assurance, as the case may be.(3) Any property to which subsection (1) (b) applies shall vest in the Association as trustee for the affiliated Church of Christ named in the direction subject to this Act and upon the trusts set out in Schedule 2 .(4) The trusts declared to affect property to which subsection (1) (c) applies may at any time be altered or rescinded by resolution passed at convention but only if the notice convening convention shall contain a statement that such alteration or rescission will be considered at convention.(5) Any property to which this section applies shall be transferred, conveyed, assigned, assured, or vested (as the case requires) subject to any mortgage, charge, liability, or debt then existing thereon or affecting the same.
(1) A special meeting of the members of a Church of Christ required to be held for the purposes of this Act shall be convened by the governing body for the time being of the Church of Christ, or by the executive, or at the request of 10 per cent or 5 of the members of the Church (whichever is the lesser) by causing to be affixed to some prominent and conspicuous part of the place of worship used by the members of the Church for the purposes of worship a notice in writing specifying the time and place of the meeting and the nature of the business to be discussed, at least two Sundays immediately preceding the date for which such special meeting shall be called.(2) Only members of the age of 18 years and over shall be allowed to vote at a special meeting in respect of the matters affected by and provided for in this Act.(3) Before the conduct of any business at the special meeting the members present at such meeting shall elect one of their number to be chairman of the meeting.(4) Any motion put to the members at a special meeting convened in accordance with this section in respect of any of the matters affected by and provided for in this Act shall be deemed carried if two-thirds of the members present and voting shall vote in favour of the motion.
(1) The trusts set out in Schedule 2 may at any time be altered by resolution passed at the convention, but only if the notice convening convention shall contain a statement that such alteration will be considered at convention.(2) A resolution for the purposes of this subsection shall be passed only if at least two-thirds of the members present and entitled to vote in accordance with the constitution vote in favour of the resolution.(3) When the trusts set out in Schedule 2 to this Act are altered in accordance with this section, Schedule 2 shall be read and construed and take effect as so altered.
15. Certificate by Secretary prima facie evidence
A certificate by any person purporting to act as Secretary of the Association stating that –shall be prima facie evidence of the facts so stated.(a) any property is held by the Association upon the trusts set forth in Schedule 2 or is being held on trusts other than the trusts set forth in Schedule 2 ; or(b) the statement of trusts set out in Schedule 2 has in accordance with the provisions of section 14 been altered in the manner set out in the certificate –
SCHEDULE 1
Column 1 | Column 2 | Church of Christ at— | Name of building and where land situated | Short description of lands | Caveside | Church of Christ, Western Creek Road | All that piece of land situated in the Parish of Woodbridge Land District of Westmorland containing 1 012 m2 more or less being all the land comprised and described in Certificate of Title Volume 3170 Folio 74. | Devonport | Church of Christ, Cnr William and Steele Streets, Devonport | Firstly All that piece of land situate in the town of Devonport containing 1 062 m2 more or less being all the land comprised and described in Certificate of Title Volume 2392 Folio 45. | Secondly All that piece of land situate in the town of Devonport containing 1 072 m2 more or less being all the land comprised and described in Certificate of Title Volume 2390 Folio 89. | Church of Christ Manse, 110 Steele Street, Devonport | Thirdly All that piece of land situate in the town of Devonport containing 1 115 m2 more or less being all the land comprised and described in Certificate of Title Volume 2419 Folio 55. | 114 Steele Street, Devonport | Fourthly All that piece of land situate in the town of Devonport containing 2 023 m2 more or less being all the land comprised and described in Certificate of Title Volume 2743 Folio 80. | Dover | Church of Christ, Main Road, Dover | Firstly All that piece of land situate in the Parish of Thanet Land District of Kent containing 220 m2 more or less being all of the land described in Conveyance No. 14/2426. | Secondly All that piece of land situate in the Parish of Thanet Land District of Kent containing 202 m2 more or less being the land described in Certificate of Title Volume 3678 Folio 73. | Geeveston | Christians Chapel, Brownell Street, Geeveston | Firstly All that piece of land situate in the town of Geeveston containing 664 m2 more or less being all the land comprised and described in Certificate of Title Volume 3222 Folio 52. | Church of Christ, Cemetry, Geeveston | Secondly All that piece of land situate in the Parish of Price Land District of Kent containing 4 047 m2 more or less and being all the land described in Conveyance No. 20/3368. | Highcroft | Church Hall, Tunnel Bay Road, Tasman Peninsula | All that piece of land situate in the Parish of Nubeena Land District of Pembroke containing 4 029 m2 more or less being all the land comprised and described in Certificate of Title Volume 2384 Folio 4. | Hobart | Christians Chapel, 180–184 Collins Street, Hobart | Firstly All that piece of land situate in the city of Hobart containing 278 m2 more or less and being all the land described in Conveyance No. 7/5017. | Secondly All that piece of land situate in the city of Hobart containing 142 m2 more or less being all the land firstly described in Conveyance No. 14/1974. | Thirdly All that piece of land situate in the city of Hobart containing 170 m2 more or less being all the land secondly described in Conveyance No. 14/1974. | Church of Christ Manse, 2 Westwind Road, West Hobart | Fourthly All that piece of land situate in the city of Hobart containing 476 m2 more or less being all the land comprised and described in Certificate of Title Volume 3356 Folio 90. | 347 Rokeby Road, Howrah | Fifthly All that piece of land situate in the town of Howrah containing 2·023 ha more or less being all the land comprised and described in Certificate of Title Volume 2083 Folio 8. | Launceston | Church of Christ, 265 Invermay Road, Launceston | Firstly All that piece of land situate in the city of Launceston containing 2 028 m2 more or less being all the land described in Conveyance No. 16/2435. | Church of Christ, 76 Margaret Street, Launceston | Secondly All that piece of land situate in the city of Launceston containing 956 m2 more or less being all the land described in Conveyance No. 13/3175. | 80 Margaret Street, Launceston | Thirdly All that piece of land situate in the city of Launceston containing 422 m2 more or less being all the land described in Conveyance No. 33/7455. | Church of Christ Manse, 5 Alice Place, Launceston | Fourthly All that piece of land situate in the city of Launceston containing 602 m2 more or less being all the land comprised and described in Certificate of Title Volume 2831 Folio 70. | Mole Creek | Church of Christ, Main Road, Mole Creek | All that piece of land situate in the Parish of Alphington Land District of Devon containing 239 m2 more or less being all the land described in Conveyance No. 13/9767. | Nubeena | Church of Christ, Cnr Koonya and Premaydena Roads | Firstly All that piece of land situate in the Parish of Koonya Land District of Pembroke containing 2 944 m2 more or less being all the land comprised and described in Certificate of Title Volume 3439 Folio 24. | Road from Koonya to Wedge Bay | Secondly All that piece of land situate in the Parish of Koonya Land District of Pembroke containing 1 031 m2 more or less being all the land comprised and described in Certificate of Title Volume 3150 Folio 47. | Ulverstone | Church of Christ, Cnr Queen Street and South Road, Ulverstone | Firstly All that piece of land situate in the town of Ulverstone containing 344 m2 more or less being all the land comprised and described in Certificate of Title Volume 3231 Folio 88. | Secondly All that piece of land situate in the town of Ulverstone containing 402 m2 more or less being all the land comprised and described in Certificate of Title Volume 3169 Folio 4. | Church of Christ Manse, 21 Queen Street, Ulverstone | Thirdly All that piece of land situate in the town of Ulverstone containing 632 m2 more or less being all the land comprised and described in Certificate of Title Volume 2760 Folio 50. |
SCHEDULE 2Upon trust at the direction of a special meeting of members of any affiliated Church of Christ associated by and under this Act convened in accordance with this Act –
1. To erect or permit to be erected upon all or any pieces of land subject to the trusts declared in this Act or any part of such land a church chapel or other place of religious worship or religious teaching or any other building, erections, and improvements.
2. To permit and suffer any such church chapel or place of religious worship or religious teaching or other buildings, erections, and improvements with the appurtenances to be used, occupied, and enjoyed as a place of religious worship or religious teaching by the members of an affiliated Church of Christ and for public meetings and services held according to the general rules and usages for the time being of the Churches of Christ, Tasmania and for Sunday or other school purposes and for such other purposes as may from time to time be determined by a special meeting.
3. To repair, alter, enlarge, take down, rebuild, or otherwise deal with the buildings, erections, or improvements for the time being standing on any land for the time being subject to the trusts declared in this Act or permit the same to be repaired, altered, enlarged, taken down, rebuilt for otherwise dealt with so as to render the same better adapted for the purposes thereof and to erect or permit the erection of additional buildings, erections, or improvements.
4. To raise by mortgage on any land or property subject to the trusts declared in this Act or by a deposit of the title deeds thereof or in any other manner whatsoever with or without giving security such sum of money as a special meeting may think fit for all or any of the purposes of the trusts declared herein or for paying off any debts or liabilities or for the benefit of any affiliated Church of Christ.
5. To sell and dispose of any land, church, or chapel, place of religious worship, or religious teaching, building, erection, or improvement, or any estate or interest in the same respectively or any hereditaments or premises or any part or parts of the same respectively either by public auction or private contract and together or in parcels and either at one and the same time or at different times for such purposes and on such conditions and subject to such restrictive covenants and in such manner as a special meeting shall think fit or to exchange the same or any part respectively for any other freehold tenure and pay or receive any money (if any be payable or receivable) by way of equality of exchange with power to grant, reserve, and create easements of any nature permitted at law or in equity and to transfer, convey, and assure the land, hereditaments, and premises sold, disposed of, or exchanged to the purchaser or purchasers or as he, she, or they may direct and absolutely discharged from this Act and the trusts hereby declared. The Association shall apply the money to arise from any such sale, disposition, or exchange as aforesaid so far as the same shall extend to the discharge of all encumbrances, liabilities, and responsibilities (whether personal or otherwise) lawfully contracted in respect of the said land, hereditaments, or premises and subject thereto for such purposes of such affiliated Church of Christ as a special meeting may decide.
6. To purchase or otherwise acquire such real and personal property and premises as a special meeting may consider suitable for the purposes of the Church of Christ either for cash or upon terms and secure the purchase money or any part thereof by mortgage or overdraft or otherwise as a special meeting may think fit.
7. To hold any land, hereditaments, or premises taken in exchange, purchased, or otherwise acquired by the trustees, and all buildings erected thereon upon the same trusts and with and subject to the same powers and provisions as are hereby declared.
8. To let or demise for any period any land, buildings, hereditaments or premises subject to these trusts or any part thereof and make arrangements with tenants and others to accept surrenders of leases or tenancies.
9. To manage and repair and insure houses, buildings, and erections and do all such acts as may be desirable for the benefit of any property subject to these trusts.
10. The Association may pay any money which it is authorized by this Act or these trusts to pay or expend upon any church property for the time being subject to these trusts to the Treasurer for the time being of the congregation of such affiliated Church of Christ and the receipt of the Treasurer shall be a sufficient discharge to the Association which shall not be liable to see to the application or be responsible for the loss or misapplication of any moneys so paid.
11. The Association may invest any moneys which may come under its control in such manner with or without security as the executive shall consider desirable and in particular but without limiting the generality of the foregoing may advance money to a congregation of an affiliated Church of Christ either upon security of such Church's property or upon any other security or without security or to the Properties Corporation of Churches of Christ incorporated by the Churches of Christ in Victoria Act 1941 of the State of Victoria, either upon security of any land or part thereof that it may in its own right hold or upon any other security or without any security.
12. The management of all property vested in the Association as trustee shall remain in the affiliated Church of Christ which has placed such property under the trusteeship of the Association and the Association shall exercise the powers conferred upon it under the Act only at the request of and in accordance with the directions of that Church of Christ.
SCHEDULE 3
Column 1 | Column 2 | Name of building and where land situated | Short description of lands | Instrument | Church of Christ Manse, 22 Mortyn Place, Howrah | All that piece of land situate in the town of Howrah containing 580 m2 more or less being all the land comprised and described in Certificate of Title Volume 3361 Folio 1 | Declaration of Trust dated 8th September 1977 |
