Baptist Union Incorporation Act 1902
12Power of the Assembly to make by-laws
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12 Power of the Assembly to make by-laws
[Section 12 Amended by No. 36 of 1958, s. 5 ]
(1) *[Section 12 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 3 ]*It shall be lawful for the Assembly in accordance with the provisions of the constitution thereof for the time being, to enact, amend, and repeal by-laws for the government and regulation or furtherance of –
(a) [Section 12 Subsection (1) amended by No. 27 of 2006, s. 10, Applied:18 Dec 2006] the churches admitted to the Union;
(b) the affairs and property thereof;
(c) the status and qualifications and duties of bishops or pastors, and of home and foreign missionaries, and of officers of the Union and of the churches thereof;
(d) the affairs, procedure, business, and property of the Union;
(e) the objects of the Union, or any of them, as the same may from time to time be defined by the constitution thereof.
(2) [Section 12 Subsection (2) amended by No. 27 of 2006, s. 10, Applied:18 Dec 2006] *[Section 12 Subsection (2) amended by No. 36 of 1958, s. 4 and Sched. 3 ]*The by-laws, so far as the same shall be consistent with law and with the provisions of this Act, shall be deemed to be incorporated with this Act, and shall be of the same force and effect as if the same were expressly enacted therein: Provided always, that no by-law for the government or regulation of the church, or the affairs or property of any church the property of which church shall not be held under the Union Trusts, shall be binding thereon until a majority of the church members present, and voting thereon, shall have consented to such by-law, and upon such consent being notified by the secretary of the church to the Secretary of the Union, the said by-law shall have the same force and effect as if such property were held upon the Union Trusts, and shall continue in force until the same by-law be amended or repealed by the Assembly, and that notwithstanding that the same may be contrary to or override the existing trusts of the property of such church.