Victorian Legislation and Parliamentary Documentsi
Version No. 001
Churches of Christ, Scientist Incorporation
Act 1958
Act No. 6439/1958
Version as at 13 October 1999
TABLE OF PROVISIONS
Section Page
Short title 3
First Church of Christ, Scientist to be incorporated 3
Property of First Church to be vested in corporation 5
Power to other Churches to incorporate 6
As to rights powers etc. of other Churches when incorporated 7
As to vesting of property in Corporation 8
Incorporation of Churches to be formed 8
Conditions referred to in last preceding section 9
As to vesting of property in Churches formed after the
commencement of this Act 10
Meetings 10
SCHEDULES 11
SCHEDULE 1—Tenets of the Mother Church, The First Church of
Christ, Scientist 11
SCHEDULE 2 12
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ENDNOTES 13
General Information 13
Table of Amendments 14
Explanatory Details 15
Victorian Legislation and Parliamentary Documents1
Version No. 001
Churches of Christ, Scientist Incorporation
Act 1958
Act No. 6439/1958
Version as at 13 October 1999
An Act to incorporate First Church of Christ, Scientist,
Melbourne and to provide for the Incorporation of other
Churches of Christ, Scientist, in the State of Victoria and for
other purposes.
Preamble
WHEREAS certain persons being members of the
religious body or denomination accepting and
holding the principles faith and doctrines known as
Christian Science and in particular adhering to the
tenets set forth in the First Schedule to this Act and
acknowledging and adopting the principles of
church organization, discipline, teaching, worship,
service, procedure and practice laid down in the
Church Manual of The First Church of Christ,
Scientist, in Boston, Massachusetts, in the United
States of America and known as The Mother
Church, (hereinafter referred to as the said Manual)
have formed themselves into a body or association
called First Church of Christ, Scientist, Melbourne:
AND WHEREAS certain real and personal
property is held by certain trustees upon trust for
the said body or association:
AND WHEREAS other persons being members of
the said body or denomination accepting, holding
and adhering to the said principles faith and
doctrines and the said tenets and acknowledging
and adopting the principles of church organization,
discipline, teaching, worship, service, procedure
and practice laid down in the said Manual have
formed themselves into separate bodies or
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associations known as Churches of Christ,
Scientist:
AND WHEREAS certain real and personal
property is held by certain trustees upon trust for
each of the said bodies or associations
respectively:
AND WHEREAS from time to time other
associations or bodies may be formed in other
places in Victoria by persons accepting, holding
and adhering to the said principles faith and
doctrines and the said tenets and acknowledging
and adopting the principles of church organization,
discipline, teaching, worship, service, procedure
and practice laid down in the said Manual and may
acquire real and personal property and have such
real and personal property held by trustees in trust
for each such body or association respectively:
AND WHEREAS it is expedient that the said First
Church of Christ, Scientist, Melbourne should be
incorporated as a separate corporation and invested
with the powers and authorities hereinafter set
forth and that provision be made for the
incorporation of each of the other existing bodies
or associations and that the real and personal
property of each of the said Churches of Christ,
Scientist and such other existing bodies and
associations now vested in such trustees for each of
such bodies and associations respectively should
be vested in each of the said separate bodies or
associations and that the real and personal property
of such other and further bodies when formed and
incorporated should be vested in such other and
further associations when incorporated:
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Preamble
Section 1 - Churches of Christ, Scientist Incorporation Act 1958 - Churches of Christ, Scientist Incorporation Act 1958 | Zoe
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Short title
This Act may be cited as the Churches of Christ,
Scientist Incorporation Act 1958.
First Church of Christ, Scientist to be incorporated
(1) All persons who are members of the said First
Church of Christ, Scientist, Melbourne accepting
and holding the principles faith and doctrines
known as Christian Science and adhering to the
tenets set forth in the First Schedule to this Act
and acknowledging and adopting the principles of
church organization, discipline, teaching, worship,
service, procedure and practice laid down in the
said Manual and who now or hereafter constitute
the body or association called First Church of
Christ, Scientist, Melbourne from henceforth shall
be a body corporate by the name of First Church
of Christ, Scientist, Melbourne and shall have
perpetual succession and a common seal and
under that name may sue and be sued prosecute
and defend and take and suffer all other
proceedings in all courts civil and criminal within
the said State.
(2) The said body corporate (hereinafter referred to as
"First Church") may by resolution as hereinafter
provided make by-laws and rules to provide for
the following—
(a) the admission, expulsion or re-admission to
membership of the said Church;
(b) the conduct of the officers of the said Church
and the election and duties of officers;
(c) the appointment rotation and duties of
readers, librarians and Sunday School
superintendents;
(d) the keeping of accounts and records;
(e) the appointment of auditors;
s. 1
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(f) the convening and conduct of meetings;
(g) the custody, care and maintenance of church
property;
(h) the execution and authentication of
documents;
(i) the authorization of expenditure;
(j) the recission or amendment of by-laws and
rules;
(k) the remuneration of officers and employees.
(3) Any such by-law or rule or any rescission or
amendment thereof shall be made by a resolution
carried at a meeting of the members of the said
Church convened as hereinafter provided by the
majority so provided.
(4) It shall be further lawful for the said First Church
to take purchase receive hold and enjoy real and
personal property of any description whatsoever
and also to sell grant transfer convey exchange
demise (whether by way of building lease or
otherwise) give easements over or otherwise
dispose of either absolutely or by way of
mortgage charge lien or other encumbrance any of
the property real or personal at any time belonging
to the said First Church provided that if any such
property is subject to any trust the provisions of
such trust shall be carried out by the said First
Church in accordance with the trust deed or other
instrument creating such trust, and generally to
exercise subject to the provisions of this Act all
powers rights and privileges incident to a body
corporate.
(5) The administration of the affairs and the exercise
of the powers of the said body corporate shall be
vested in the Executive Board duly appointed
pursuant to the by-laws and rules of the said body
for the time being subject to any by-law or
s. 2
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resolution of the said body corporate or any
resolution of the members of the said body
corporate carried at a meeting of such members
convened as hereinafter provided.
(6) The said Board shall have the custody and use of
the common seal of the said First Church and a
majority of the members of such Board present at
any meeting duly convened shall have power to
use or direct the use of such seal for all purposes
for which the use of such seal is required.
(7) The seal shall only be affixed by virtue of a
resolution of the said majority and in the presence
of two members of the Board and of the Chairman
or the Clerk for the time being of the said First
Church and the said two members and the
Chairman or Clerk shall sign their names to the
document to which the seal has been affixed.
3. Property of First Church to be vested in corporation
(1) The land described in the Second Schedule to this
Act and all other real and personal property held
in trust for the said First Church or for its Board or
for any committee of the said First Church
whether for any special purposes or generally for
such First Church, Board or committee shall from
and after the coming into operation of this Act
vest in the said First Church without the necessity
for any conveyance transfer or other assurance of
such property.
(2) Where any property vested in the said First
Church under this section consists of property
registered under the Transfer of Land Act 1958
the Registrar of Titles on application made to him
in that behalf and proof to his satisfaction of the
facts relating thereto and on payment of the
necessary fees shall give effect to such vesting by
registering the said First Church as proprietor.
s. 3
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4. Power to other Churches to incorporate
If and when the members for the time being of
any of the following bodies or associations
accepting and holding the said principles, faith
and doctrines and adhering to the said tenets and
acknowledging and adopting the principles of
church organization, discipline, teaching, worship,
service, procedure and practice laid down in the
said Manual called—
Second Church of Christ, Scientist,
Melbourne;
Third Church of Christ, Scientist,
Melbourne;
Fourth Church of Christ, Scientist,
Melbourne;
Fifth Church of Christ, Scientist, Melbourne;
and
First Church of Christ, Scientist, Geelong—
respectively by resolution carried at a meeting of
such body or association convened as hereinafter
provided by not less than three-fourths of the
members present at such meeting resolve that it is
expedient that such body or association should be
incorporated under the provisions of this Act then
upon the filing in the office of the Registrar-
General of Victoria of—
(a) a copy of such resolution certified under the
hand of the Chairman of such meeting and
the Clerk of such body or association;
(b) a copy of the rules of the said body or
association certified as such by the said
Clerk;
(c) a statement certified by the said Clerk and
the Treasurer of such body or association
setting forth the real and personal property
s. 4
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belonging to or held in trust for such body or
association or any committee thereof and
giving the names of the trustee or trustees
holding any such property and stating the
objects and purposes of each trust or trusts—
the said body or association shall become a body
corporate by the name of Second Church of
Christ, Scientist, Melbourne; Third Church of
Christ, Scientist, Melbourne; Fourth Church of
Christ, Scientist, Melbourne; Fifth Church of
Christ, Scientist, Melbourne; First Church of
Christ, Scientist, Geelong as the case may be, and
shall have perpetual succession and a common
seal and under that name may sue and be sued
prosecute and defend and take and suffer all other
proceedings in all Courts civil and criminal within
the said State.
5. As to rights powers etc. of other Churches when
incorporated
Each such body corporate shall have mutatis
mutandis the same rights powers privileges and
duties to those hereinbefore provided in this Act
in respect of the said First Church including—
(a) the making rescission or amendment of its
by-laws or rules;
(b) the acquisition purchase receiving holding
and enjoyment of real and personal property
of any description;
(c) the sale grant transfer conveyance exchange
demise (whether by building lease or
otherwise) the giving of easements over or
otherwise disposing of either absolutely or
by way of mortgage charge lease or other
encumbrance any property real or personal
belonging to it;
s. 5
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(d) the carrying out of the provisions of any
trusts;
(e) the custody and use of its common seal by its
Board;
(f) the exercise of powers rights and privileges
incident to a body corporate.
6. As to vesting of property in Corporation
(1) On and from the filing as aforesaid of the
documents referred to in section four hereof, all
the real and personal property belonging to or held
in trust for the body on whose behalf the
documents were filed shall vest in the said body
corporate without the necessity for any
conveyance transfer or other assurance.
(2) Where any property vested in any such church
under this section consists of land registered under
the Transfer of Land Act 1958 the Registrar of
Titles on application made to him in that behalf
and proof to his satisfaction of the facts relating
thereto and on payment of the necessary fees shall
give effect to such vesting by registering any such
Church as proprietor.
7. Incorporation of Churches to be formed
After the coming into operation of this Act if and
when any number of persons not less than sixteen
and including at least four members of The
Mother Church, The First Church of Christ,
Scientist in Boston, Massachusetts, United States
America accepting and holding the said principles
faith and doctrines and adhering to the said tenets
and acknowledging and adopting the principles of
church organization, discipline, teaching, worship,
service, procedure and practice laid down in the
said Manual shall form themselves into a body or
association to be known as a Church of Christ,
Scientist such body or association may subject to
s. 6
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the conditions stated in the next following section
become a corporate body with the same powers
authorities and privileges and subject to the same
duties and liabilities mutatis mutandis as those
provided in this Act in respect of the said First
Church.
8. Conditions referred to in last preceding section
The conditions referred to in the last preceding
section shall be as follows—
(a) the body or association shall have been in
existence for at least six months prior to the
date of the resolution hereinafter mentioned;
(b) the bona fides of such body or association
shall be certified in writing under the seal of
The Mother Church, The First Church of
Christ, Scientist in Boston, Massachusetts,
United States America;
(c) a resolution that it is expedient that such
body or association should be incorporated
shall be carried by a vote of three-fourths of
the members of such body or association
present at a special meeting convened as
hereinafter provided;
(d) a copy of the said resolution together with a
certificate under the hand of the Chairman of
the said meeting stating that the said meeting
was duly convened and that the said
resolution was carried by a vote of at least
three-fourths of those present at the said
meeting, and a copy of the rules of such
body or association shall be filed in the
office of the Registrar-General of Victoria
together with the Certificate referred to in
paragraph (b) of this section;
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(e) a statement certified by the said Clerk and
the Treasurer of such body or association
setting forth the real and personal property
belonging to or held in trust for such body or
association or any committee thereof and
giving the names of the trustee or trustees
holding any such property and stating the
objects and purposes of each trust or trusts.
9. As to vesting of property in Churches formed after
the commencement of this Act
On and from the filing as aforesaid of the
documents referred to in section eight of this Act,
all the real and personal property belonging to or
held in trust for the body on whose behalf the
documents were filed shall vest in the said body
corporate without the necessity for any
conveyance transfer or other assurance.
10. Meetings
Any meeting required by this Act for the purpose
of passing a resolution for incorporation of a body
or association or for the making of any by-law or
rule or for the amendment or recission of any by-
law or rule shall be convened by notice in writing
which shall be forwarded by post to each member
of such body at least fourteen days before the date
fixed in such notice for such meeting. Such notice
shall set out the terms of the proposed resolution
and the names of the persons who intend at such
meeting to propose and second such resolution.
Any such resolution shall be carried by a vote of
three-fourths of the members present at such
meeting.
s. 9
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SCHEDULES
FIRST SCHEDULE
TENETS OF THE MOTHER CHURCH, THE FIRST CHURCH OF
CHRIST, SCIENTIST
As adherents of Truth, we take the inspired Word of the Bible as our
sufficient guide to eternal Life.
We acknowledge and adore one supreme and infinite God. We
acknowledge His Son, one Christ; the Holy Ghost or divine Comforter;
and man in God's image and likeness.
We acknowledge God's forgiveness of sin in the destruction of sin and the
spiritual understanding that casts out evil as unreal. But the belief in sin is
punished so long as the belief lasts.
We acknowledge Jesus' atonement as the evidence of divine, efficacious
Love, unfolding man's unity with God through Christ Jesus the Way-
shower: and we acknowledge that man is saved through Christ, through
Truth, Life and Love as demonstrated by the Galilean Prophet in healing
the sick and overcoming sin and death.
We acknowledge that the crucifixion of Jesus and his resurrection served
to uplift faith to understand eternal Life, even the allness of Soul, Spirit,
and the nothingness of matter.
And we solemnly promise to watch, and pray for that Mind to be in us
which was also in Christ Jesus; to do unto others as we would have them
do unto us; and to be merciful, just and pure.
MARY BAKER EDDY
Preamble,
section 2.
Sch. 1
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SECOND SCHEDULE
ALL THAT PIECE OF LAND containing twenty three perches and one tenth
of a perch more or less being allotment one of Section fifty-nine in the City
of South Melbourne Parish of South Melbourne County of Bourke as
described in Crown Grant Vol. 1961 Folio 392,009.
ALL THAT PIECE OF LAND being Allotments One A and One B Section
Fifty-nine City of South Melbourne Parish of Melbourne South County of
Bourke as described in Certificate of Title Vol. 5921 Folio 1,184,020.
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Section 3.
Sch. 2
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ENDNOTES
General Information
The Churches of Christ, Scientist Incorporation Act 1958 was assented to
on 5 November 1958 and came into operation on 5 November 1958.
Endnotes
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2. Table of Amendments
There are no amendments made to the Churches of Christ, Scientist
Incorporation Act 1958 by Acts and subordinate instruments.
Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes