10The Trustees

10 The Trustees

(1)  The Trustees of the Property of the Church of England in Australia in Tasmania incorporated by the Church of England Constitution Act 1899 shall continue to be a body corporate with perpetual succession and a common seal.

(1A)  *[Section 10 Subsection (1A) inserted by No. 22 of 1977, s. 5 ]*The reference to the name of the Church in subsection (1) shall, when that name is altered in accordance with the Constitution , be read and construed as if it were a reference to that name as so altered.

(2)  The corporate trustees may use the corporate name "The Trustees of the Diocese of Tasmania".

(3)  No act done by or document naming the corporate trustees between the commencement of the Church of England Constitution Act 1961 and the commencement of this Act is invalid merely because the words "in Australia" were left out of the corporate name.

(4)  The corporate trustees may act, notwithstanding any vacancy in their number, while not less than 3 members remain and act.

(5)  A member of the corporate trustees ceases to hold office if he –

(a) gives his resignation in writing to the Bishop's Registrar;

(b) dies;

(c) is absent from the State for 12 months; or

(d) is incapable of acting.

(6)  When a member of the corporate trustees ceases to hold office, then, subject to any ordinance –

(a) unless the Synod is in session, the Diocesan Council may appoint a new member in his place, who shall hold office until the next session of the Synod; and

(b) the Synod may elect a new member to the place then vacant.

(7)  A certificate of the Secretary of Synod, or, in a case to which subsection (6) (a) applies, of the Secretary of the Diocesan Council of the appointment of a member of the corporate trustees is on its mere production prima facie evidence that the member has been duly appointed.