Section 42 - Baptist Churches of New South Wales Property Trust Act 1984 - Directions of congregation to Trust

42Directions of congregation to Trust

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42 Directions of congregation to Trust

(1) A direction of a congregation is, for the purposes of this Act, given when:

(a) a resolution in favour of the direction has been passed by the required majority at a meeting of the congregation of which notice has been given in accordance with this section, and

(b) in the case only of a congregation with between 10 and 20 members—the Executive Committee has consented to the direction being given.

(2) (Repealed)

(3) Notice of a meeting of a congregation has been given in accordance with this section when the following procedures have been completed:

(a) a notice:

(i) setting out the object of the meeting, together with the day, hour and place of the holding thereof, and the nature of the proposed resolution, and

(ii) signed by the secretary for the time being of the congregation, or (in the case of his or her neglect for 7 days or absolute refusal to sign the notice after request in writing made by 2 members of the congregation who would be entitled to vote if they were to be present at the meeting or in the case of there being no secretary) signed by 2 members of the congregation who would be so entitled to vote,

shall be posted on the door or notice board of the building which is used for public worship by the congregation on at least 2 successive Sundays immediately preceding the day appointed for the meeting to take place, and

(b) a notice setting out the object of the meeting, together with the day, hour and place of the holding thereof (but not necessarily setting out the nature or terms of the proposed resolution) shall be read during some part of each of the public worship services held on the 2 Sundays referred to in paragraph (a) in the building referred to in that paragraph.

(4) The chairman of a meeting held under this section:

(a) shall be a person chosen by the majority of the votes of the members of the congregation who are of or above the age of 18 years and personally present at the meeting, and

(b) shall not have a casting vote but, if he or she is a member of the congregation, shall have a deliberative vote.

(4A) For the purposes of this section, a resolution is passed by the required majority if it is passed: