{"id":"hungarian-reformed-church-australia-victorian-district-incorporation-act-1973","name":"Hungarian Reformed Church of Australia (Victorian District) Incorporation Act 1973","slug":"hungarian-reformed-church-of-australia-victorian-district-incorporation-act-1973","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174158,"registerId":"vic-hungarian-reformed-church-australia-victorian-district-incorporation-act-1973-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Hungarian Reformed Church of Australia (Victorian District) Incorporation Act 1973","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nHungarian Reformed Church of Australia\n(Victorian District) Incorporation Act 1973\nAct No. 8386/1973\nVersion as at 26 February 2003\nTABLE OF PROVISIONS\nSection Page\n1. Short title 2\n2. Definitions 2\n3. Constitution 3\n4. Powers of the Church 5\n5. Property held in trust 6\n6. Property to be dealt with fully and effectually 8\n7. Administration by Church Council 8\n8. Provisions of Second Schedule 8\n__________________\nSCHEDULES 9\nSCHEDULE 1—Constitution of the Hungarian Reformed Church\nof Australia (Victorian District) 9\nSCHEDULE 2—Powers of the Church in relation to the conduct of its\nproperty and other affairs 15\nSCHEDULE 3—Description of property 18\n═══════════════\nENDNOTES 19\n1. General Information 19\n2. Table of Amendments 20\n3. Explanatory Details 21\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nHungarian Reformed Church of Australia\n(Victorian District) Incorporation Act 1973\nAct No. 8386/1973\nVersion as at 26 February 2003\nPreamble\nWHEREAS certain persons in the State of Victoria\nbeing members of the religious denomination\ncalled the Hungarian Reformed Church of\nAustralia (Victorian District) and holding as their\ngeneral tenets the doctrines set forth in Article 2 of\nthe First Schedule have formed themselves into an\nAssociation called the \"Hungarian Reformed\nChurch of Australia (Victorian District)\" a copy of\nthe Constitution of which is set out in the First\nSchedule:\nAND WHEREAS certain real and personal\nproperty is held by certain trustees upon trust for\nthe said Association or for purposes connected\ntherewith:\nAND WHEREAS a number of congregations are\nconstituents of the said Association and property is\nnow vested in various persons as trustees for and\non behalf of the said congregations upon certain\ntrusts:\nAND WHEREAS it is expedient that the said\nAssociation should be incorporated and should be\ninvested with the powers and authorities hereafter\nin this Act set forth and that the property so vested\nin various persons as trustees upon trust for the\nsaid Association or for the said constituent\ncongregations should be capable of being invested\nin the said Association when incorporated upon the\ntrusts hereafter in this Act set forth:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n2\nBE IT THEREFORE ENACTED by the Queen's Most Excellent\nMajesty and by and with the advice and consent of the Legislative\nCouncil and the Legislative Assembly of Victoria in this present\nParliament assembled and by the authority of the same as follows\n(that is to say):\n1. Short title\nThis Act may be cited as the Hungarian\nReformed Church of Australia (Victorian\nDistrict) Incorporation Act 1973.\n2. Definitions\nIn this Act, unless inconsistent with the context or\nsubject-matter—\n\"Church\" or \"District\" means the Hungarian\nReformed Church of Australia (Victorian\nDistrict) incorporated by this Act;\n\"congregation\" means congregation of the\nHungarian Reformed Church of Australia\n(Victorian District);\n\"Constitution\" means the Constitution in the\nFirst Schedule;\n\"President\" means the President for the time\nbeing of the Hungarian Reformed Church of\nAustralia (Victorian District) appointed by\nthe duly constituted convention of the\nDistrict;\n\"property\" means all property real and personal\nwhether within or without the State of\nVictoria;\n\"Schedule\" means Schedule to this Act.\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n3\n3. Constitution\n(1) There shall be a body corporate by the name of\nthe \"Hungarian Reformed Church of Australia\n(Victorian District)\" consisting of all persons in\nthe State of Victoria and elsewhere who from time\nto time in accordance with the Constitution for the\ntime being of the Church accept as their general\ntenets the doctrines set forth in Article 2 of the\nFirst Schedule and the said body corporate shall\nhave perpetual succession and a common seal and\nunder that name may sue and be sued prosecute\nand defend and take and suffer all other\nproceedings in all courts.\n(2) The Church may—\n(a) make by-laws and rules (not inconsistent\nwith this Act or the said Constitution) for or\nwith respect to all or any of the matters\nfollowing—\n(i) the admission expulsion or re-\nadmission of congregations to\nmembership of the Church;\n(ii) conduct of the officers of the said\nChurch and the election and duties of\nofficers;\n(iii) the appointment rotation and duties of\nall minor officials of the said Church;\n(iv) the keeping of accounts and records;\n(v) the appointment of auditors;\n(vi) the convening and conduct of\nconventions, conferences and meetings;\n(vii) the custody care and maintenance of\nChurch property;\n(viii) the execution and authentication of\ndocuments;\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n4\n(ix) the authorization of expenditure;\n(x) the rescission or amendment of by-laws\nand rules;\n(xi) the remuneration of officers and\nemployees;\n(xii) such other matters that may from time\nto time be found to be necessary or\nexpedient;\n(b) make such alterations in and additions to the\nConstitution of the Church as set out in the\nFirst Schedule as are found from time to time\nto be necessary or expedient;\n(c) take purchase receive hold and enjoy\nproperty upon the trusts and with the powers\nset out in the Second Schedule and also to\nsell grant transfer convey exchange demise\n(whether by way of lease or otherwise)\ncreate easements over or otherwise dispose\nof either absolutely or by way of mortgage\ncharge lien or other encumbrance any of the\nproperty at any time belonging to the\nChurch;\n(d) if any property referred to in paragraph (c) is\nsubject to any trust the provisions of such\ntrust shall be carried out by the Church in\naccordance with the trust deed or other\ninstrument creating the trust; and\n(e) generally to exercise subject to the\nprovisions of this Act all powers rights and\nprivileges incident to a body corporate.\n(3) The Church Council for the time being of the\nChurch shall have the custody and the use of the\ncommon seal of the Church and the majority of\nthe members of the Church Council shall have\npower to use or direct the use of the seal for all\npurposes for which the use of the seal is required.\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n5\n(4) The seal shall not be affixed otherwise than\npursuant to a resolution of the majority of the\nChurch Council.\n(5) Any two of the following office bearers of the\nChurch for the time being, namely, President,\nVice-President, Secretary or Treasurer or any\nother official appointed for the purpose by a duly\nconstituted convention of the Church shall sign\ntheir names to the documents to which the seal has\nbeen affixed.\n4. Powers of the Church\n(1) All the estate and interest of the person named in\nthe Third Schedule in the property therein set\nforth and all property held at the commencement\nof this Act by any person or persons in trust for\nthe Church referred to in the preamble shall upon\nthe said commencement vest in the Church\nwithout the necessity for any conveyance transfer\nor other assurance of such property.\n(2) The Church may take a transfer or conveyance of\nproperty from a congregation subject to any trust\nspecifically declared in favour of that\ncongregation.\n(3) All property held in trust for or for any purpose\nconnected with any congregation which was prior\nto the commencement of this Act dissolved or\ndispersed and which congregation was prior to its\ndissolution or dispersion a constituent of the said\nChurch shall from and after the commencement of\nthis Act vest in the Church without the necessity\nfor any conveyance transfer or other assurance for\nsuch property and shall cease to be held upon the\nexpress trusts to which it was subject and shall\nthereafter be held managed and dealt with by the\nChurch in such manner as the Church Council or\nthe Church meeting in convention from time to\ntime directs subject nevertheless to all mortgages\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n6\nliens and other charges affecting the property\nimmediately prior to the date of such vesting.\n(4) Save as otherwise provided by this Act all\nproperty becoming vested in the Church as\nprovided in this section or which is in any manner\nacquired by the Church shall so far as the property\nis, at the time of its becoming so vested or (as the\ncase may be) of its being so acquired, subject to\nany trust to be held by the Church in conformity\nwith the trust and shall so far as the property is not\nsubject to any trust be held managed and dealt\nwith in such manner as the Church Council or the\nChurch meeting in convention from time to time\ndirects.\n(5) The provisions of this section shall have effect\nnotwithstanding anything to the contrary in the\nConstitution.\n5. Property held in trust\n(1) Where at any time after the commencement of this\nAct any persons hold property in trust for or on\nbehalf of the congregation such persons may with\nthe consent of, or shall at the direction of, the\nmajority of the members of such congregation\npresent in person or by proxy at the meeting duly\nconvened for the purpose and with the approval of\nthe Church convey assign or transfer such\nproperties to the Church subject to the trusts upon\nwhich the properties are held and conveyance\nassignment or transfer, when completed and\naccepted by the Church, shall from and after the\nsaid commencement operate as a discharge of all\nthe trustees from the duties of the trust.\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n7\n(2) A minute of resolution contained in the minutes of\nthe meeting and signed by the Chairman thereof\nshall be conclusive proof for all purposes that\nsuch meeting was duly convened and that such\nresolution was duly passed thereat by the requisite\nmajority.\n(3) If any person or persons in whom the property is\nfor the time being vested refuses or refuse or for a\nperiod of one calendar month after being directed\nby a majority of the voting members of the\ncongregation present and voting at a duly\nconstituted meeting of the congregation as\nprovided in this section fails or fail to execute and\ndeliver such conveyance assignment or transfer to\nthe Church or if there is or are no such person or\npersons or if such person or persons is or are dead\nor are unable to be found or absent from Victoria\nthe President may execute such conveyance\nassignment or transfer in lieu of such person or\npersons.\n(4) The execution by the President of an instrument of\nconveyance assignment or transfer pursuant to the\npowers conferred by sub-section (3) shall be as\nvalid and effectual for all purposes as if it were\nexecuted by the person or persons refusing or\nfailing to execute and deliver such conveyance or\ntransfer or being dead unable to be found or\nabsent from Victoria as aforesaid; and the mere\nfact of execution by the President shall be\nconclusive proof for all purposes that all matters\nand conditions preliminary to such execution by\nhim as required by this section have duly occurred\nor have been duly complied with.\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n8\n6. Property to be dealt with fully and effectually\nExcept in so far as it is prohibited from doing so\nby the original trusts to which any property vested\nin it is subject the Church may demise for any\nterm (whether upon building leases or other leases\nor tenancies) charge mortgage encumber give\neasements over exchange partition or sell any\nproperty referred to in section 5 and generally deal\nwith the property fully and effectually as if it were\nthe beneficial owner thereof.\n7. Administration by Church Council\nThe administration of all business affairs of the\nChurch is hereby committed to the Church\nCouncil.\n8. Provisions of Second Schedule\nThe provisions of the Second Schedule may at any\ntime be altered modified or amended by the\nChurch by resolution duly passed in accordance\nwith its Constitution.\n__________________\ns. 6\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n9\nSCHEDULES\nFIRST SCHEDULE\nCONSTITUTION OF THE HUNGARIAN REFORMED CHURCH OF\nAUSTRALIA (VICTORIAN DISTRICT)\nIn this Constitution and in any by-laws made thereunder unless\ninconsistent with the context or subject-matter—\n\"Church\" means the general Church body, named the\n\"Hungarian Reformed Church of Australia\";\n\"District\" means the association of local churches or\ncongregations which accept this Constitution and have been\nreceived into membership.\nArticle 1—Name\nThe name of this Church body is the Hungarian Reformed\nChurch of Australia (Victorian District).\nArticle 2—Declaration of Faith and Doctrine\nThe District, humbly relying on the blessing of Almighty\nGod, makes this declaration of faith and doctrine as binding\nheretofore and henceforth on the District:\n1. The Scriptures—The District receives and\nacknowledges all the Canonical Scriptures of the Old\nand New Testament as the divinely inspired and\ninerrant Word of God and as the sole source of\ndoctrine and rule and guide of faith and life.\n2. The Confessions—The District receives and\nacknowledges the Confessions of the Reformed\nChurch in the Heidelberg Catechism and the Second\nHelvetian Confession.\n3. Binding Nature of Declaration—Each congregation\nof District and each member thereof receives and\nacknowledges and regards as binding the Declaration\nof Faith and Doctrine contained in this Constitution.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n10\nArticle 3—Objects\nThe objects of the District are:\n1. The conservation and promotion of the unity of the\ntrue faith, the use of the diversities of gifts for the\ncommon profit, the joint extension of the Kingdom of\nGod, and the united defence against religious\nunionism, sectarianism, and schism.\n2. The institution of fostering of Christian schools and\nSunday-schools, the thorough instruction of those to\nbe confirmed, and the care of the youth of the District.\n3. The inauguration, promotion and control of home and\nforeign missions and of charitable undertakings.\n4. The importation, publication, and sale, or free\ndistribution of Bibles, books of instruction and\ndevotion, tracts, religious periodicals and other\napproved books, literature, and visual aids.\n5. The attainment of uniformity in church-practice,\nchurch-customs, and, in general, in congregational\naffairs.\n6. The brotherly supervision of the ministers, teachers,\nand lay-helpers of the District with regard to the\nperformance of their official duties.\n7. The protection of ministers, teachers, lay-helpers, and\ncongregations in the performance of their duties and\nthe maintenance of their rights.\nArticle 4—Authority and Power\n1. The District, in accordance with the provisions of this\nConstitution, has authority and power to make rules and\nregulations for the administration of its affairs.\n2. The District delegates the exercise of its authority and power\nto the Church Council.\n3. The District may make regulations for the administration,\nmanagement, and disposal of all property, moneys,\nrevenues, legacies, donations, and documents of every\ndescription under its control or that of any officer, board,\ncommittee, or tribunal elected or appointed under this\nConstitution, but always subject to the trusts, if any,\naffecting the same.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n11\nArticle 5—Membership\n1. The unit of organization of the District is the congregation.\n2. Membership in the District with the right to be represented\nat conventions of the District by delegates is acquired by\ncongregations who accept the confessional basis of Article 2\nof this Constitution.\n3. Ministers of the Gospel, teachers of Christian schools, and\nmissionaries who accept the confessional basis of Article 2\nand are called by unit-congregations or congregations\naffiliated with the District or by boards of the District\nbecome advisory members by being received into the\nDistrict.\n4. All members of a non-synodical congregation or baptized\nmembers in a mission field who are under the spiritual care\nof a minister of the District shall be regarded as belonging to\nthe District.\n5. A congregation shall be received into membership only after\nthe District has approved its constitution.\n6. Membership in the District may be conferred, in conformity\nwith paragraphs 1, 2, 3 and 5 of this Article, by any\nassembly of the District.\n7. Member congregations only, and such congregations as are\nhereafter admitted into membership, shall be entitled to send\ndelegates to assemblies of the District.\nArticle 6—Relation of the District to Its Members\n1. The District is and shall remain an advisory body with\nrespect to the self-government of each member\ncongregation, but it shall have power to secure the\nobservance by its members, both congregations and persons,\nof Article 2 of this Constitution and to proceed against\noffenders.\n2. The District shall have no authority or power over the\nproperty of a congregation. Each congregation remains the\nsole proprietor of its property, and the property of a\ncongregation is not liable to seizure for any debts contracted\nby the District or by any other congregation.\n3. If the District becomes liable as guarantor for any debts\ncontracted by a congregation, the District shall have the\npower to seize the property of such congregation.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n12\nArticle 7—Assemblies\n1. Subject to this Constitution there shall be an assembly of the\nDistrict in every year. The time and place of the assemblies\nshall be determined by a resolution of the District or, in\ndefault of such a resolution, by appointment of the\nPresident.\n2. A special assembly may be called by the President after\nhaving obtained the consent of a majority of the\ncongregations of the District and after having informed the\nPresident of the Church of the purpose of the intended\nspecial assembly.\n3. The ministers of congregations entitled to be represented at\nassemblies and the delegates elected by these congregations\nshall have the right to vote at assemblies of the District.\nOther voting members of congregations present at\nassemblies shall be advisory members only.\n4. All matters not being matters of doctrine shall be decided by\nresolutions carried by a majority of the delegates present and\nvoting on such resolutions, but Article 11(3) shall apply to\nproposed changes and amendments to this Constitution.\n5. Between assemblies business matters may be submitted to a\nvote of the congregations, if the President deems it\nnecessary.\nArticle 8—Officers\n1. The officers of the District shall be elected at the regular\nassemblies of the District.\n2. The officers of the District are: A President, a Vice-\nPresident, a Secretary, a Treasurer, an Accountant, a Church\nCouncil, and such other officers, boards, committees, and\ntribunals as the District from time to time determines.\n3. The President and the Vice-President shall be ministers of\nthe District, and all other officers and members of boards,\ncommittees, and tribunals shall be members of a\ncongregation of the District.\n4. Each officer of the District shall hold office, subject to this\nConstitution, until his successor is elected or appointed.\n5. Any officer and any member of any board, committee, or\ntribunal vacates his office as soon as he ceases to be a\nmember of a congregation of the District.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n13\n6. The District in assembly may make rules for the conduct of\nelections and for the nomination of candidates to any office.\n7. The District shall not have power to appoint officers for any\nparish or congregation of the District.\nArticle 9—Rights and Duties of Officers\n1. The officers of the District shall have such rights only as\nhave been expressly conferred on them by the District, and\nin everything pertaining to their rights and the performance\nof their duties they are responsible to the District in\nassembly and, between assemblies, to the President.\n2. The District in assembly has the right to call any officer to\naccount and remove him from office, and to abolish any\noffice it has established.\nArticle 10—Discipline\n1. Member congregations shall expel persons from their\nmembership who act contrary to the Confessional basis of\nArticle 2 of this Constitution when admonition has proved\nfutile, but such persons shall have the right to appeal to the\nPresident.\n2. The President has power to require any congregation to\ninquire into the conduct of its minister, teacher, lay-helper,\nor of any one of its members, when such conduct is contrary\nto Article 2 of this Constitution.\nThe President has power to admonish and also to suspend\nany minister, teacher, lay-helper, or any congregation, or\nany member of any congregation from membership in the\nDistrict until the next assembly of the District, and to\npublish such suspension, and the congregation to which such\npastor, or teacher, or member belongs shall take immediate\ndisciplinary action against the person suspended\nnotwithstanding an appeal to the District or a committee of\nthe District, or subsequently to the Church or a committee of\nthe Church.\n3. The District shall deal with any congregation of the District\nunder suspension, or which acts contrary to Article 2 of this\nConstitution, or which refuses to take disciplinary action\nagainst a minister or teacher who has been suspended from\nmembership in the District or any member who acts contrary\nto Article 2 of this Constitution, and if all negotiations and\nadmonitions fail in their purpose, such congregation shall be\ndeprived of its membership in the District.\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n14\n4. A congregation which has been deprived of its membership\nin the District, or has severed its connexion with the District,\nshall lose all share in, or claim on, the property of the\nDistrict, as also shall any person expelled by any\ncongregation, or who has severed his connexion with the\nDistrict.\nArticle 11—Changes and Amendments\n1. Articles 2 and 5 and 11 of this Constitution shall be\nunalterable and irrepealable.\n2. Changes in this Constitution and amendments thereto may\nbe made if they conform to the provisions laid down in\nArticles 2, 5 and 11.\n3. Only written motions referring to changes and amendments\nshall be accepted by the chairman of the convention and be\nreceived for discussion by the District, and a separate vote\nshall be taken on each motion. When the vote is taken, two-\nthirds of the voting representatives present and voting in\nfavour of the motion shall cause the proposed change or\namendment to become effective.\n4. The District has power to put any proposed change to the\nvote of the congregations. When any such direction is given,\nthe President and the Secretary of the District shall within\nthree months after the close of the assembly publish the\nproposed change or amendment in three successive issues of\nthe official organ of the Church allowing congregations four\nweeks from the date of the last publication of the notice to\nreturn their votes in writing to the Secretary.\n5. After the congregations have registered their votes in\nwriting with the Secretary, the result of the vote shall be\nannounced by the Secretary through the official organ of the\nChurch. In case of acceptance the change or amendment\nthereby becomes effective.\n__________________\nSch. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n15\nSECOND SCHEDULE\nPOWERS OF THE CHURCH IN RELATION TO THE CONDUCT OF\nITS PROPERTY AND OTHER AFFAIRS\n1. To make and enforce the following declaration of faith and\ndoctrine as binding on the Church—\n(a) the Church receives and acknowledges all the\nCanonical Scriptures of the Old and New Testament\nas the divinely inspired and inerrant Work of God and\nas the sole source of doctrine and rule and guide of\nfaith and life;\n(b) the Confessions: The District receives and\nacknowledges the Confessions of the Reformed\nChurch in the Heidelberg Catechism and the Second\nHelvetian Confession;\n(c) the preservation and proclamation of the doctrines of\nHoly Scripture as contained in the confessions of the\nReformed Church.\n2. To determine the unit of organization of the Church, and to\ndetermine the procedure whereby any person may be\nadmitted or re-admitted to the unit of organisation and to\ndetermine the procedure whereby any person may be\nexcluded or expelled from the unit of organization.\n3. To take over the whole or any part of the real and personal\nproperty and all or any estates and interest therein now\nvested in or held by F. Antal in the State of Victoria,\nClergyman, as Trustee in trust for and on behalf of the\nVictorian District of the Hungarian Reformed Church of\nAustralia and to give a valid discharge therefor.\n4. To take over the whole or any part of real and personal\nproperty and all or any estates and interests therein now\nvested in or held by any other person or persons or by any\nbody or Association whether incorporated or not, as Trustee\nor Trustees in trust for and on behalf of the Hungarian\nReformed Church of Australia (Victorian District) and to\ngive a valid discharge therefor.\n5. To undertake all or any of the liabilities uncurred by or\nimposed upon the said F. Antal or any other person or\npersons or any other body or Association whether\nincorporated or not while acting as Trustee or Trustees for\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n16\nand on behalf of the Hungarian Reformed Church of\nAustralia (Victorian District).\n6. To see manage lease mortgage dispose of or otherwise deal\nwith all or any part of the property of the Church whether\nreal or personal.\n7. To purchase take or lease or in exchange hire or otherwise\nacquire any real and personal estate which may be deemed\nnecessary or convenient for any of the purposes of the\nChurch.\n8. To construct maintain and alter any houses manses school\nbuildings hospital buildings churches halls chapels\nbenevolent houses and any other buildings or works\nnecessary or convenient for the purposes of the Church.\n9. To take any gift of property whether subject to any special\ntrust or not for any one or more of the objects of the Church.\n10. To print and publish any newspaper periodicals books\ncalendars Bibles films film strips tape recordings or any\nother materials that the Church thinks desirable for the\npromotion of its objects.\n11. To undertake and conduct either by its servants or agents or\nthrough or in conjunction with any other person body or\nassociation radio television and any other programmes that\nthe Church thinks desirable for the promotion of its objects.\n12. To borrow and raise money in such manner as the Church\nthinks fit for the promotion of its objects.\n13. To invest any moneys of the Church not immediately\nrequired for any of its objects in such manner as is from\ntime to time determined.\n14. To undertake and execute any trusts or any agency or any\nbusiness of any nature whatsoever which seems directly or\nindirectly conducive to any of the objects of the Church.\n15. To subscribe to any local or other charities and to grant\ndonations for any public purpose and to provide a\nsuperannuation pension or like fund for the servants of the\nChurch and to provide a personal sickness and accident\nbenefit or like insurance for the ministers teachers and other\nservants of the Church, or otherwise to assist any such\nministers servants their widows children and dependants.\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n17\n16. To undertake and conduct either by its servants or agents or\nthrough or in conjunction with any other person body or\nassociation a system of education either by and through\nSunday-schools Saturday-schools Christian day schools\ncolleges seminaries or other institutions of a like nature that\nthe Church thinks desirable for the promotion of its objects\nand to do all such lawful things as are incidental and\nnecessary for the attainment of this object.\n17. To undertake and conduct such youth work as the Church\nthinks desirable for the promotion of its objects.\n18. To establish and support and to aid in the establishment and\nsupport of any other associations or organizations formed\nfor all or any of the objects of this Church.\n__________________\nSch. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n18\nTHIRD SCHEDULE\nDescription of property\nName of person\nregistered as trustee\nholding such property\nfor the church\n1. All that piece of land being part of Crown\nAllotment Five Section 35 Parish of Jika Jika\nCounty of Bourke and being the land\ndescribed in Certificate of Title Volume 3263\nFolio 596 Francis Antal\n2. All that piece of land being part of Crown\nAllotment One Section 34 Parish of Jika Jika\nCounty of Bourke and being the land\ndescribed in Certificates of Title Volume\n2167 Folio 399 and Volume 1076 Folio 144 Francis Antal\n3. All that piece of land being part of Crown\nAllotment Five Section 30 Parish of Jika Jika\nCounty of Bourke and being the land\ndescribed in Certificate of Title Volume 2392\nFolio 266 Francis Antal\n═══════════════\nSch. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n19\nENDNOTES\n1. General Information\nThe Hungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973 was assented to on 3 April 1973 and came into\noperation on 3 April 1973.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n20\n2. Table of Amendments\nThere are no amendments made to the Hungarian Church of Australia\n(Victorian District) Incorporation Act 1973 by Acts and subordinate\ninstruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 8386/1973\nHungarian Reformed Church of Australia (Victorian District)\nIncorporation Act 1973\n21\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: incorporating the Hungarian Reformed Church (Victorian District) and facilitating property management. The scope has not expanded beyond the religious community it was designed to serve."},"complexity_factors":["Straightforward structure with only 8 operative sections plus 3 schedules","Minimal cross-referencing—most sections operate independently","Only 6 defined terms in the interpretation section (section 2)","No nested exceptions or conditional logic beyond basic 'if/then' provisions for property transfer","Clear separation between the statutory framework (sections 1-8) and the constitutional/organizational details (schedules)","No amendments since enactment, indicating stable, uncontroversial operation","Property descriptions in Schedule 3 use standard land registry references (Volume/Folio) rather than complex legal descriptions"],"plain_english_summary":"This is a Victorian law from 1973 that creates a legal 'body corporate' (essentially, a legal person that can own property, sue, and be sued) for the Hungarian Reformed Church of Australia (Victorian District).\n\n**What it does:**\n- **Incorporates the Church**: Before this Act, the Church was just an informal association of people. This law gives it official legal status, meaning it can own land, sign contracts, and go to court in its own name.\n- **Transfers property**: It automatically transfers specific pieces of land in Melbourne (listed in the Third Schedule) from a trustee named Francis Antal directly into the Church's name. It also allows other congregations to transfer their property to the incorporated Church.\n- **Sets up governance**: The Act includes the Church's Constitution as Schedule 1, which establishes:\n  - A **District** structure made up of member congregations\n  - Annual assemblies where congregations send delegates to vote\n  - A **Church Council** to handle day-to-day business\n  - Officers including a President, Vice-President, Secretary, and Treasurer\n- **Defines religious beliefs**: The Constitution locks in specific unchangeable doctrines based on the Heidelberg Catechism and Second Helvetian Confession (Reformed Christian texts). These core beliefs cannot be altered.\n- **Gives powers**: Schedule 2 lists extensive powers including buying/selling property, running schools, publishing religious materials, broadcasting, borrowing money, and managing charitable work.\n\n**Who it affects:**\n- Members of the Hungarian Reformed Church in Victoria\n- Individual congregations within the District\n- The trustees who previously held property on behalf of the Church\n\n**Why it matters:**\nThis is a classic example of a 'private Act' of Parliament that solves a practical problem for a specific community. Without incorporation, religious groups face difficulties owning property collectively—someone has to hold it 'in trust' (as a legal caretaker). This Act lets the Church itself own assets, manage its affairs, and continue its religious, educational, and charitable work with legal certainty. It also protects congregations' property from being seized for the District's debts, unless the District specifically guarantees those debts."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This version has not materially changed the scope from the Act's original purpose. The Act remains focused on incorporating the District and vesting specified trustee property in the incorporated body, together with granting broad powers to manage and deal with that property (as set out in the Second Schedule). The endnotes record no amendments. While the Act centralises property title and management, that result follows the Preamble and original intent (incorporation and investment of trustee property), rather than representing a later expansion of scope."},"complexity_factors":["Short Act with 8 sections plus three Schedules (concise structure)","6 defined terms in s.2 (e.g. \"Church\", \"congregation\", \"Constitution\", \"President\", \"property\", \"Schedule\")","Three Schedules containing the Constitution, a broad list of Church powers, and a specific property list (substantive material outside main body)","Automatic vesting rules with exceptions for existing trusts (s.4(1), (3), (4))—conditional transfers increase interpretive steps","President's power to execute conveyances in place of trustees (s.5(3)–(4)) introduces an extra procedural path","Constitution contains an entrenched clause (Article 11(1): Articles 2, 5 and 11 unalterable) creating limits on amendment","Cross‑references between the Act and the First and Second Schedules (governance vs. property powers)","Few external cross‑references to other legislation, reducing external complexity"],"plain_english_summary":"**What this law does (mechanically)\n\n- Incorporation: The Act creates a corporate body called the \"Hungarian Reformed Church of Australia (Victorian District)\" with perpetual succession, a common seal, and capacity to sue and be sued (s.3(1)).\n\n- Vesting of property: Property listed in the Third Schedule and other property held in trust for the Church or for constituent congregations vests in the incorporated Church on commencement without any need for fresh transfers or conveyances (s.4(1), (3)).\n\n- Management and dealing powers: The Church can hold, manage, lease, mortgage, charge, sell, exchange or otherwise deal with that property, subject to any original trust affecting particular items of property (s.3(2)(c); s.4(4); s.6). The Second Schedule sets out a broad set of powers for the Church (e.g. to borrow, invest, run schools, publish material, establish funds) (Second Schedule).\n\n- Internal governance and rule‑making: The Church may make by‑laws and rules (so long as they do not conflict with the Act or the Constitution in the First Schedule) on a long list of internal matters such as admission/expulsion of congregations, election and duties of officers, custody of property, accounts and meetings (s.3(2)(a)). The Constitution itself is set out in the First Schedule and may be altered or added to as permitted by the Constitution and the Act (s.3(2)(b); s.8).\n\n- Administration: The Church Council is charged with administration of the Church's business (s.7). The common seal is held by the Church Council and may only be used by resolution of the Council; documents with the seal must be signed by any two of specified office‑bearers (s.3(3)–(5)).\n\n- Trustee and executive mechanics: Where property is held by trustees for a congregation, the trustees may, with congregational consent and Church approval, convey that property to the Church; if trustees refuse or are unavailable, the President of the Church may execute the conveyance in their place (s.5(1)–(4)). A meeting minute signed by the chairman is conclusive evidence that the meeting and resolution were properly convened and passed (s.5(2)).\n\n\nWho it affects\n\n- The incorporated Church (the District) and its Church Council and office‑bearers, who acquire legal title and broad powers to manage and dispose of property (s.3–7).\n- Congregations that are or become members of the District: their property may, in specified circumstances, vest in the District or be transferred to it under the Act (s.4, s.5). A congregation that is dissolved or has been dispersed prior to commencement loses its separate holding and that property vests in the Church (s.4(3)).\n- Trustees who currently hold property for the Church or congregations: their duties can be discharged by conveyance to the incorporated Church, including by action of the President if necessary (s.5(1), (3)–(4)).\n- Named individuals in the Third Schedule (historic trustees) — their estate and interest in the listed land vested in the incorporated Church on commencement (s.4(1); Third Schedule).\n\n\nWhy it matters (official purpose and the practical trade‑offs)\n\n- Official purpose claimed in the preamble: to incorporate the Association and to enable property held in trust for the Association and its constituent congregations to be vested and managed by the incorporated body. The Act implements that by automatically vesting specified trustee interests and by authorising the Church to deal widely with property (Preamble; s.4; Second Schedule).\n\n- Practical effects and trade‑offs to note:\n  - Who pays / who benefits: The primary, concentrated beneficiary is the incorporated District (Church leadership and Council), which gains consolidated legal title and commercial powers over the specified property (s.4; Second Schedule). Individual congregations and members are affected in that congregational property can be absorbed into District control in the circumstances the Act describes (s.4(1), (3); s.5).\n  - Decision‑makers and discretion: The Church Council is given administrative control (s.7). Major transactional powers (sale, mortgage, leasing) sit with the Church (s.3(2)(c); s.6). The President has an executive power to sign conveyances where trustees refuse or cannot be located (s.5(3)–(4)), which concentrates practical decision authority in office‑bearers.\n  - Limits and trust protection: Property that is subject to an existing trust is to be dealt with \"in conformity with the trust\" (s.4(4)) and the Church must observe original trust prohibitions where they apply (s.6). That means not all property becomes freely disposable: original trust terms continue to constrain (s.4(4); s.6).\n  - Effect on congregational autonomy and exits: Under the Constitution (First Schedule Article 6), the District is described as \"advisory\" and congregations are said to remain proprietors of their property (Article 6(1)–(2)). The Act, however, expressly provides for vesting and central management of certain trust property (s.4(5) states the section operates notwithstanding anything to the contrary in the Constitution). That creates a legal mechanism by which district‑level control over trustee‑held assets is reinforced despite the Constitution's advisory language. A congregation deprived of membership (Article 10(4)) loses claims on district property per the Constitution; the Act supplies the legal vehicle to implement that transfer of title (s.4; s.5).\n  - Compliance and transaction costs: Formal congregational meetings and minutes certified by the chairman are required for transfers (s.5(1)–(2)). Where trustees refuse to act, the President's power to execute may shorten transactions but centralises authority (s.5(3)–(4)).\n  - Implementation risks and disputes: Potential grounds for litigation or dispute include whether particular property is truly subject to an original trust (s.4(4)), the validity of congregational resolutions authorising transfers (s.5(2)), and tensions between the Constitution's text and the Act's express vesting and override clause (s.4(5)).\n\n\nConcrete behavioural change the Act incentivises\n\n- Consolidation: Trustees and congregations are incentivised to transfer their trustee interests to the central Church, because the Act facilitates automatic vesting or straightforward conveyance procedures (s.4; s.5).\n- Central management: The Church Council (and the President in particular circumstances) become the practical decision‑makers for property transactions, lending, investment and institutional initiatives set out in the Second Schedule (s.7; Second Schedule).\n\n\nKey constraints and entrenched items to note\n\n- Article 11(1) of the Constitution (First Schedule) states Articles 2, 5 and 11 are \"unalterable and irrepealable\". That places internal constitutional limits on changing the confessional basis, membership unit rules and amendment procedure even though the Church can otherwise alter its Constitution (First Schedule Article 11; s.3(2)(b); s.8).\n\n\nWhere to look in the Act for the main rules\n\n- Incorporation and rule‑making powers: s.3.\n- Vesting of trustee property and extinguishing older trustee arrangements: s.4 and Third Schedule.\n- Trustee transfer procedure and President's power to sign: s.5.\n- Church powers to deal with property (including sale, charge, mortgage): s.6 and Second Schedule.\n- Administration responsibility: s.7.\n- Constitution of the Church and its unalterable articles: First Schedule (notably Articles 2, 5, 6, 10, 11).\n\n\nBottom line (neutral, practical): The Act converts the Hungarian Reformed Church (Victorian District) into a corporate legal entity, consolidates certain trustee title and management powers in that entity, and grants the Church broad powers to manage property and conduct institutional activities listed in the Second Schedule. That simplifies holding and transacting in land and other assets for the District but centralises decision‑making authority in the Church Council and specified office‑bearers while preserving the continued operation of any prior trust terms that expressly restrict dealing with particular property (see s.4(4), s.6)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act appears to have remained as originally intended — a simple, targeted private Act to incorporate one specific religious organisation. There is no indication of scope creep or significant amendment over time."},"complexity_factors":["Very narrow and specific scope — applies to a single named organisation only","Standard incorporation mechanics are well-established in law, reducing interpretive difficulty","Limited version history suggests few or no amendments, meaning the law is stable and straightforward","No apparent cross-references to complex regulatory frameworks"],"plain_english_summary":"This private Act grants the Hungarian Reformed Church of Australia (Victorian District) formal legal incorporation, allowing the church to hold property, enter contracts, and sue or be sued in its own name. It mainly affects the church’s members, leaders and trustees and anyone who deals with the church, resolving prior legal complications from relying on individuals to act for the body."}},"importantCases":[],"_links":{"self":"/api/acts/hungarian-reformed-church-of-australia-victorian-district-incorporation-act-1973","history":"/api/acts/hungarian-reformed-church-of-australia-victorian-district-incorporation-act-1973/history","analysis":"/api/acts/hungarian-reformed-church-of-australia-victorian-district-incorporation-act-1973/analysis","conflicts":"/api/acts/hungarian-reformed-church-of-australia-victorian-district-incorporation-act-1973/conflicts","importantCases":"/api/acts/hungarian-reformed-church-of-australia-victorian-district-incorporation-act-1973/important-cases","documents":"/api/acts/hungarian-reformed-church-of-australia-victorian-district-incorporation-act-1973/documents"}}