Section 1 - Hungarian Reformed Church of Australia (Victorian District) Incorporation Act 1973 - Hungarian Reformed Church of Australia (Victorian District) Incorporation Act 1973 | Zoe
Victorian Legislation and Parliamentary Documentsi
Version No. 001
Hungarian Reformed Church of Australia
(Victorian District) Incorporation Act 1973
Act No. 8386/1973
Version as at 26 February 2003
TABLE OF PROVISIONS
Section Page
Short title 2
Definitions 2
Constitution 3
Powers of the Church 5
Property held in trust 6
Property to be dealt with fully and effectually 8
Administration by Church Council 8
Provisions of Second Schedule 8
SCHEDULES 9
SCHEDULE 1—Constitution of the Hungarian Reformed Church
of Australia (Victorian District) 9
SCHEDULE 2—Powers of the Church in relation to the conduct of its
property and other affairs 15
SCHEDULE 3—Description of property 18
═══════════════
ENDNOTES 19
General Information 19
Table of Amendments 20
Explanatory Details 21
Victorian Legislation and Parliamentary Documents1
Version No. 001
Hungarian Reformed Church of Australia
(Victorian District) Incorporation Act 1973
Act No. 8386/1973
Version as at 26 February 2003
Preamble
WHEREAS certain persons in the State of Victoria
being members of the religious denomination
called the Hungarian Reformed Church of
Australia (Victorian District) and holding as their
general tenets the doctrines set forth in Article 2 of
the First Schedule have formed themselves into an
Association called the "Hungarian Reformed
Church of Australia (Victorian District)" a copy of
the Constitution of which is set out in the First
Schedule:
AND WHEREAS certain real and personal
property is held by certain trustees upon trust for
the said Association or for purposes connected
therewith:
AND WHEREAS a number of congregations are
constituents of the said Association and property is
now vested in various persons as trustees for and
on behalf of the said congregations upon certain
trusts:
AND WHEREAS it is expedient that the said
Association should be incorporated and should be
invested with the powers and authorities hereafter
in this Act set forth and that the property so vested
in various persons as trustees upon trust for the
said Association or for the said constituent
congregations should be capable of being invested
in the said Association when incorporated upon the
trusts hereafter in this Act set forth:
Victorian Legislation and Parliamentary DocumentsAct No. 8386/1973
Hungarian Reformed Church of Australia (Victorian District)
Incorporation Act 1973
2
BE IT THEREFORE ENACTED by the Queen's Most Excellent
Majesty and 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):
Short title
This Act may be cited as the Hungarian
Reformed Church of Australia (Victorian
District) Incorporation Act 1973.
Definitions
In this Act, unless inconsistent with the context or
subject-matter—
"Church" or "District" means the Hungarian
Reformed Church of Australia (Victorian
District) incorporated by this Act;
"congregation" means congregation of the
Hungarian Reformed Church of Australia
(Victorian District);
"Constitution" means the Constitution in the
First Schedule;
"President" means the President for the time
being of the Hungarian Reformed Church of
Australia (Victorian District) appointed by
the duly constituted convention of the
District;
"property" means all property real and personal
whether within or without the State of
Victoria;
"Schedule" means Schedule to this Act.
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3. Constitution
(1) There shall be a body corporate by the name of
the "Hungarian Reformed Church of Australia
(Victorian District)" consisting of all persons in
the State of Victoria and elsewhere who from time
to time in accordance with the Constitution for the
time being of the Church accept as their general
tenets the doctrines set forth in Article 2 of the
First Schedule and the said body corporate 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.
(2) The Church may—
(a) make by-laws and rules (not inconsistent
with this Act or the said Constitution) for or
with respect to all or any of the matters
following—
(i) the admission expulsion or re-
admission of congregations to
membership of the Church;
(ii) conduct of the officers of the said
Church and the election and duties of
officers;
(iii) the appointment rotation and duties of
all minor officials of the said Church;
(iv) the keeping of accounts and records;
(v) the appointment of auditors;
(vi) the convening and conduct of
conventions, conferences and meetings;
(vii) the custody care and maintenance of
Church property;
(viii) the execution and authentication of
documents;
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(ix) the authorization of expenditure;
(x) the rescission or amendment of by-laws
and rules;
(xi) the remuneration of officers and
employees;
(xii) such other matters that may from time
to time be found to be necessary or
expedient;
(b) make such alterations in and additions to the
Constitution of the Church as set out in the
First Schedule as are found from time to time
to be necessary or expedient;
(c) take purchase receive hold and enjoy
property upon the trusts and with the powers
set out in the Second Schedule and also to
sell grant transfer convey exchange demise
(whether by way of lease or otherwise)
create easements over or otherwise dispose
of either absolutely or by way of mortgage
charge lien or other encumbrance any of the
property at any time belonging to the
Church;
(d) if any property referred to in paragraph (c) is
subject to any trust the provisions of such
trust shall be carried out by the Church in
accordance with the trust deed or other
instrument creating the trust; and
(e) generally to exercise subject to the
provisions of this Act all powers rights and
privileges incident to a body corporate.
(3) The Church Council for the time being of the
Church shall have the custody and the use of the
common seal of the Church and the majority of
the members of the Church Council shall have
power to use or direct the use of the seal for all
purposes for which the use of the seal is required.
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(4) The seal shall not be affixed otherwise than
pursuant to a resolution of the majority of the
Church Council.
(5) Any two of the following office bearers of the
Church for the time being, namely, President,
Vice-President, Secretary or Treasurer or any
other official appointed for the purpose by a duly
constituted convention of the Church shall sign
their names to the documents to which the seal has
been affixed.
4. Powers of the Church
(1) All the estate and interest of the person named in
the Third Schedule in the property therein set
forth and all property held at the commencement
of this Act by any person or persons in trust for
the Church referred to in the preamble shall upon
the said commencement vest in the Church
without the necessity for any conveyance transfer
or other assurance of such property.
(2) The Church may take a transfer or conveyance of
property from a congregation subject to any trust
specifically declared in favour of that
congregation.
(3) All property held in trust for or for any purpose
connected with any congregation which was prior
to the commencement of this Act dissolved or
dispersed and which congregation was prior to its
dissolution or dispersion a constituent of the said
Church shall from and after the commencement of
this Act vest in the Church without the necessity
for any conveyance transfer or other assurance for
such property and shall cease to be held upon the
express trusts to which it was subject and shall
thereafter be held managed and dealt with by the
Church in such manner as the Church Council or
the Church meeting in convention from time to
time directs subject nevertheless to all mortgages
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liens and other charges affecting the property
immediately prior to the date of such vesting.
(4) Save as otherwise provided by this Act all
property becoming vested in the Church as
provided in this section or which is in any manner
acquired by the Church shall so far as the property
is, at the time of its becoming so vested or (as the
case may be) of its being so acquired, subject to
any trust to be held by the Church in conformity
with the trust and shall so far as the property is not
subject to any trust be held managed and dealt
with in such manner as the Church Council or the
Church meeting in convention from time to time
directs.
(5) The provisions of this section shall have effect
notwithstanding anything to the contrary in the
Constitution.
5. Property held in trust
(1) Where at any time after the commencement of this
Act any persons hold property in trust for or on
behalf of the congregation such persons may with
the consent of, or shall at the direction of, the
majority of the members of such congregation
present in person or by proxy at the meeting duly
convened for the purpose and with the approval of
the Church convey assign or transfer such
properties to the Church subject to the trusts upon
which the properties are held and conveyance
assignment or transfer, when completed and
accepted by the Church, shall from and after the
said commencement operate as a discharge of all
the trustees from the duties of the trust.
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(2) A minute of resolution contained in the minutes of
the meeting and signed by the Chairman thereof
shall be conclusive proof for all purposes that
such meeting was duly convened and that such
resolution was duly passed thereat by the requisite
majority.
(3) If any person or persons in whom the property is
for the time being vested refuses or refuse or for a
period of one calendar month after being directed
by a majority of the voting members of the
congregation present and voting at a duly
constituted meeting of the congregation as
provided in this section fails or fail to execute and
deliver such conveyance assignment or transfer to
the Church or if there is or are no such person or
persons or if such person or persons is or are dead
or are unable to be found or absent from Victoria
the President may execute such conveyance
assignment or transfer in lieu of such person or
persons.
(4) The execution by the President of an instrument of
conveyance assignment or transfer pursuant to the
powers conferred by sub-section (3) shall be as
valid and effectual for all purposes as if it were
executed by the person or persons refusing or
failing to execute and deliver such conveyance or
transfer or being dead unable to be found or
absent from Victoria as aforesaid; and the mere
fact of execution by the President shall be
conclusive proof for all purposes that all matters
and conditions preliminary to such execution by
him as required by this section have duly occurred
or have been duly complied with.
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6. Property to be dealt with fully and effectually
Except in so far as it is prohibited from doing so
by the original trusts to which any property vested
in it is subject the Church may demise for any
term (whether upon building leases or other leases
or tenancies) charge mortgage encumber give
easements over exchange partition or sell any
property referred to in section 5 and generally deal
with the property fully and effectually as if it were
the beneficial owner thereof.
7. Administration by Church Council
The administration of all business affairs of the
Church is hereby committed to the Church
Council.
8. Provisions of Second Schedule
The provisions of the Second Schedule may at any
time be altered modified or amended by the
Church by resolution duly passed in accordance
with its Constitution.
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SCHEDULES
FIRST SCHEDULE
CONSTITUTION OF THE HUNGARIAN REFORMED CHURCH OF
AUSTRALIA (VICTORIAN DISTRICT)
In this Constitution and in any by-laws made thereunder unless
inconsistent with the context or subject-matter—
"Church" means the general Church body, named the
"Hungarian Reformed Church of Australia";
"District" means the association of local churches or
congregations which accept this Constitution and have been
received into membership.
Article 1—Name
The name of this Church body is the Hungarian Reformed
Church of Australia (Victorian District).
Article 2—Declaration of Faith and Doctrine
The District, humbly relying on the blessing of Almighty
God, makes this declaration of faith and doctrine as binding
heretofore and henceforth on the District:
The Scriptures—The District receives and
acknowledges all the Canonical Scriptures of the Old
and New Testament as the divinely inspired and
inerrant Word of God and as the sole source of
doctrine and rule and guide of faith and life.
The Confessions—The District receives and
acknowledges the Confessions of the Reformed
Church in the Heidelberg Catechism and the Second
Helvetian Confession.
Binding Nature of Declaration—Each congregation
of District and each member thereof receives and
acknowledges and regards as binding the Declaration
of Faith and Doctrine contained in this Constitution.
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Article 3—Objects
The objects of the District are:
The conservation and promotion of the unity of the
true faith, the use of the diversities of gifts for the
common profit, the joint extension of the Kingdom of
God, and the united defence against religious
unionism, sectarianism, and schism.
The institution of fostering of Christian schools and
Sunday-schools, the thorough instruction of those to
be confirmed, and the care of the youth of the District.
The inauguration, promotion and control of home and
foreign missions and of charitable undertakings.
The importation, publication, and sale, or free
distribution of Bibles, books of instruction and
devotion, tracts, religious periodicals and other
approved books, literature, and visual aids.
The attainment of uniformity in church-practice,
church-customs, and, in general, in congregational
affairs.
The brotherly supervision of the ministers, teachers,
and lay-helpers of the District with regard to the
performance of their official duties.
The protection of ministers, teachers, lay-helpers, and
congregations in the performance of their duties and
the maintenance of their rights.
Article 4—Authority and Power
The District, in accordance with the provisions of this
Constitution, has authority and power to make rules and
regulations for the administration of its affairs.
The District delegates the exercise of its authority and power
to the Church Council.
The District may make regulations for the administration,
management, and disposal of all property, moneys,
revenues, legacies, donations, and documents of every
description under its control or that of any officer, board,
committee, or tribunal elected or appointed under this
Constitution, but always subject to the trusts, if any,
affecting the same.
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Article 5—Membership
The unit of organization of the District is the congregation.
Membership in the District with the right to be represented
at conventions of the District by delegates is acquired by
congregations who accept the confessional basis of Article 2
of this Constitution.
Ministers of the Gospel, teachers of Christian schools, and
missionaries who accept the confessional basis of Article 2
and are called by unit-congregations or congregations
affiliated with the District or by boards of the District
become advisory members by being received into the
District.
All members of a non-synodical congregation or baptized
members in a mission field who are under the spiritual care
of a minister of the District shall be regarded as belonging to
the District.
A congregation shall be received into membership only after
the District has approved its constitution.
Membership in the District may be conferred, in conformity
with paragraphs 1, 2, 3 and 5 of this Article, by any
assembly of the District.
Member congregations only, and such congregations as are
hereafter admitted into membership, shall be entitled to send
delegates to assemblies of the District.
Article 6—Relation of the District to Its Members
The District is and shall remain an advisory body with
respect to the self-government of each member
congregation, but it shall have power to secure the
observance by its members, both congregations and persons,
of Article 2 of this Constitution and to proceed against
offenders.
The District shall have no authority or power over the
property of a congregation. Each congregation remains the
sole proprietor of its property, and the property of a
congregation is not liable to seizure for any debts contracted
by the District or by any other congregation.
If the District becomes liable as guarantor for any debts
contracted by a congregation, the District shall have the
power to seize the property of such congregation.
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Article 7—Assemblies
Subject to this Constitution there shall be an assembly of the
District in every year. The time and place of the assemblies
shall be determined by a resolution of the District or, in
default of such a resolution, by appointment of the
President.
A special assembly may be called by the President after
having obtained the consent of a majority of the
congregations of the District and after having informed the
President of the Church of the purpose of the intended
special assembly.
The ministers of congregations entitled to be represented at
assemblies and the delegates elected by these congregations
shall have the right to vote at assemblies of the District.
Other voting members of congregations present at
assemblies shall be advisory members only.
All matters not being matters of doctrine shall be decided by
resolutions carried by a majority of the delegates present and
voting on such resolutions, but Article 11(3) shall apply to
proposed changes and amendments to this Constitution.
Between assemblies business matters may be submitted to a
vote of the congregations, if the President deems it
necessary.
Article 8—Officers
The officers of the District shall be elected at the regular
assemblies of the District.
The officers of the District are: A President, a Vice-
President, a Secretary, a Treasurer, an Accountant, a Church
Council, and such other officers, boards, committees, and
tribunals as the District from time to time determines.
The President and the Vice-President shall be ministers of
the District, and all other officers and members of boards,
committees, and tribunals shall be members of a
congregation of the District.
Each officer of the District shall hold office, subject to this
Constitution, until his successor is elected or appointed.
Any officer and any member of any board, committee, or
tribunal vacates his office as soon as he ceases to be a
member of a congregation of the District.
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6. The District in assembly may make rules for the conduct of
elections and for the nomination of candidates to any office.
7. The District shall not have power to appoint officers for any
parish or congregation of the District.
Article 9—Rights and Duties of Officers
The officers of the District shall have such rights only as
have been expressly conferred on them by the District, and
in everything pertaining to their rights and the performance
of their duties they are responsible to the District in
assembly and, between assemblies, to the President.
The District in assembly has the right to call any officer to
account and remove him from office, and to abolish any
office it has established.
Article 10—Discipline
Member congregations shall expel persons from their
membership who act contrary to the Confessional basis of
Article 2 of this Constitution when admonition has proved
futile, but such persons shall have the right to appeal to the
President.
The President has power to require any congregation to
inquire into the conduct of its minister, teacher, lay-helper,
or of any one of its members, when such conduct is contrary
to Article 2 of this Constitution.
The President has power to admonish and also to suspend
any minister, teacher, lay-helper, or any congregation, or
any member of any congregation from membership in the
District until the next assembly of the District, and to
publish such suspension, and the congregation to which such
pastor, or teacher, or member belongs shall take immediate
disciplinary action against the person suspended
notwithstanding an appeal to the District or a committee of
the District, or subsequently to the Church or a committee of
the Church.
The District shall deal with any congregation of the District
under suspension, or which acts contrary to Article 2 of this
Constitution, or which refuses to take disciplinary action
against a minister or teacher who has been suspended from
membership in the District or any member who acts contrary
to Article 2 of this Constitution, and if all negotiations and
admonitions fail in their purpose, such congregation shall be
deprived of its membership in the District.
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4. A congregation which has been deprived of its membership
in the District, or has severed its connexion with the District,
shall lose all share in, or claim on, the property of the
District, as also shall any person expelled by any
congregation, or who has severed his connexion with the
District.
Article 11—Changes and Amendments
Articles 2 and 5 and 11 of this Constitution shall be
unalterable and irrepealable.
Changes in this Constitution and amendments thereto may
be made if they conform to the provisions laid down in
Articles 2, 5 and 11.
Only written motions referring to changes and amendments
shall be accepted by the chairman of the convention and be
received for discussion by the District, and a separate vote
shall be taken on each motion. When the vote is taken, two-
thirds of the voting representatives present and voting in
favour of the motion shall cause the proposed change or
amendment to become effective.
The District has power to put any proposed change to the
vote of the congregations. When any such direction is given,
the President and the Secretary of the District shall within
three months after the close of the assembly publish the
proposed change or amendment in three successive issues of
the official organ of the Church allowing congregations four
weeks from the date of the last publication of the notice to
return their votes in writing to the Secretary.
After the congregations have registered their votes in
writing with the Secretary, the result of the vote shall be
announced by the Secretary through the official organ of the
Church. In case of acceptance the change or amendment
thereby becomes effective.
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SECOND SCHEDULE
POWERS OF THE CHURCH IN RELATION TO THE CONDUCT OF
ITS PROPERTY AND OTHER AFFAIRS
To make and enforce the following declaration of faith and
doctrine as binding on the Church—
(a) the Church receives and acknowledges all the
Canonical Scriptures of the Old and New Testament
as the divinely inspired and inerrant Work of God and
as the sole source of doctrine and rule and guide of
faith and life;
(b) the Confessions: The District receives and
acknowledges the Confessions of the Reformed
Church in the Heidelberg Catechism and the Second
Helvetian Confession;
(c) the preservation and proclamation of the doctrines of
Holy Scripture as contained in the confessions of the
Reformed Church.
To determine the unit of organization of the Church, and to
determine the procedure whereby any person may be
admitted or re-admitted to the unit of organisation and to
determine the procedure whereby any person may be
excluded or expelled from the unit of organization.
To take over the whole or any part of the real and personal
property and all or any estates and interest therein now
vested in or held by F. Antal in the State of Victoria,
Clergyman, as Trustee in trust for and on behalf of the
Victorian District of the Hungarian Reformed Church of
Australia and to give a valid discharge therefor.
To take over the whole or any part of real and personal
property and all or any estates and interests therein now
vested in or held by any other person or persons or by any
body or Association whether incorporated or not, as Trustee
or Trustees in trust for and on behalf of the Hungarian
Reformed Church of Australia (Victorian District) and to
give a valid discharge therefor.
To undertake all or any of the liabilities uncurred by or
imposed upon the said F. Antal or any other person or
persons or any other body or Association whether
incorporated or not while acting as Trustee or Trustees for
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and on behalf of the Hungarian Reformed Church of
Australia (Victorian District).
6. To see manage lease mortgage dispose of or otherwise deal
with all or any part of the property of the Church whether
real or personal.
7. To purchase take or lease or in exchange hire or otherwise
acquire any real and personal estate which may be deemed
necessary or convenient for any of the purposes of the
Church.
8. To construct maintain and alter any houses manses school
buildings hospital buildings churches halls chapels
benevolent houses and any other buildings or works
necessary or convenient for the purposes of the Church.
9. To take any gift of property whether subject to any special
trust or not for any one or more of the objects of the Church.
10. To print and publish any newspaper periodicals books
calendars Bibles films film strips tape recordings or any
other materials that the Church thinks desirable for the
promotion of its objects.
11. To undertake and conduct either by its servants or agents or
through or in conjunction with any other person body or
association radio television and any other programmes that
the Church thinks desirable for the promotion of its objects.
12. To borrow and raise money in such manner as the Church
thinks fit for the promotion of its objects.
13. To invest any moneys of the Church not immediately
required for any of its objects in such manner as is from
time to time determined.
14. To undertake and execute any trusts or any agency or any
business of any nature whatsoever which seems directly or
indirectly conducive to any of the objects of the Church.
15. To subscribe to any local or other charities and to grant
donations for any public purpose and to provide a
superannuation pension or like fund for the servants of the
Church and to provide a personal sickness and accident
benefit or like insurance for the ministers teachers and other
servants of the Church, or otherwise to assist any such
ministers servants their widows children and dependants.
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16. To undertake and conduct either by its servants or agents or
through or in conjunction with any other person body or
association a system of education either by and through
Sunday-schools Saturday-schools Christian day schools
colleges seminaries or other institutions of a like nature that
the Church thinks desirable for the promotion of its objects
and to do all such lawful things as are incidental and
necessary for the attainment of this object.
17. To undertake and conduct such youth work as the Church
thinks desirable for the promotion of its objects.
18. To establish and support and to aid in the establishment and
support of any other associations or organizations formed
for all or any of the objects of this Church.
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THIRD SCHEDULE
Description of property
Name of person
registered as trustee
holding such property
for the church
All that piece of land being part of Crown
Allotment Five Section 35 Parish of Jika Jika
County of Bourke and being the land
described in Certificate of Title Volume 3263
Folio 596 Francis Antal
All that piece of land being part of Crown
Allotment One Section 34 Parish of Jika Jika
County of Bourke and being the land
described in Certificates of Title Volume
2167 Folio 399 and Volume 1076 Folio 144 Francis Antal
All that piece of land being part of Crown
Allotment Five Section 30 Parish of Jika Jika
County of Bourke and being the land
described in Certificate of Title Volume 2392
Folio 266 Francis Antal
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ENDNOTES
General Information
The Hungarian Reformed Church of Australia (Victorian District)
Incorporation Act 1973 was assented to on 3 April 1973 and came into
operation on 3 April 1973.
Endnotes
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2. Table of Amendments
There are no amendments made to the Hungarian Church of Australia
(Victorian District) Incorporation Act 1973 by Acts and subordinate
instruments.
Endnotes
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3. Explanatory Details
No entries at date of publication.
Endnotes