Hunters Hill Congregational Church Property Trust Act 2013
In ForceNSW
Jurisdiction
New South Wales
Act Number
67 of 2013
Collection
act
Plain English Summary
4/10 complexity
This Act creates the Hunters Hill Congregational Church Property Trust, vests church and congregation property in that corporate Trust, and sets out how the Trust is governed. It prescribes board composition and election processes, the Trust’s powers to hold, manage, mortgage, invest, delegate and convey property, and requires transparency (published rules, minutes, audited financial statements). Congregations retain authority over property held on their behalf and some major disposals need strong congregational approval.
This Act creates a statutory corporate Trusteeship, the Hunters Hill Congregational Church Property Trust (the Trust), and provides a detailed governance, property-vesting and accountability framework for property held for the Hunters Hill Congregational Church and its constituent congregations and ministries. The Act mechanically:
Constitutes the Trust as a corporation by the Act (s 4) and provides that the Trust’s affairs are to be conducted by a Board (s 6).
Prescribes the Board’s composition, membership categories, election and appointment processes, meeting frequency and basic procedure rules (ss 5-14, 7-8).
Vests existing trust property in the Trust on the date of assent without the need for conveyance and treats other instruments referring to the Church or its congregations as references to the Trust (ss 42-44).
Allocates functions over two classes of trust property: general trust property held for the Church (ss 16-17), and congregational trust property held for specific congregations (ss 16, 18).
Requires Trust rules and congregational rules to be made, publicly available and to cover specified matters such as delegation, meeting procedure and the recognising of congregations and ministries (ss 27, 29, 45, 47).
Imposes transparency and accountability obligations: keeping minutes and accounts, preparing audited financial statements, making specified material publicly available on the Church website, and providing inspection rights to members (ss 30-36, 31-35, 32, 33).
Prescribes operational powers: acquiring, disposing of, mortgaging and otherwise dealing with property; borrowing and giving guarantees; investing funds consistent with the Trustee Act 1925 (ss 17, 22, 20).
Current sections
Direct links to the current provisions in Hunters Hill Congregational Church Property Trust Act 2013.
This Act commences on the date of assent to this Act.
3
Definitions
3 Definitions
3 Definitions
(1) In this Act:
Board means the Board referred to in section 5.
Board-appointed member means a person appointed as a member of the Board at an annual meeting of the Board.
Chairperson means the Chairperson for the time being of the Board.
Church means the Hunters Hill Congregational Church, being a church:
(a) that, prior to 22 June 1977, was affiliated with The Congregational Union of New South Wales, and
(b) that, immediately before the date of assent to this Act, included the following congregations and ministries:
(i) the congregation meeting on the corner of Alexandra and Ferdinand Streets, Hunters Hill, known as Hunters Hill Congregational Community Church,
(ii) the congregation meeting at Narellan, known as Narellan Community Congregational Church,
(iii) the ministry of Hunters Hill Congregational Church Retirement Village, at 20A Alexandra Street, Hunters Hill,
(iv) the ministry of Angus Bristow Village, Narellan,
(v) the ministry of Narellan Congregational Community Services, and
(c) that includes any other congregations that may be recognised as congregations by the Trust from time to time, and
(d) that includes any other ministries that may be recognised as ministries by the Trust from time to time.
committee of management means a committee of management recognised or established by the Trust from time to time for the purpose of facilitating the establishment or management (or both) of a specified ministry.
committee of management representative, in relation to a committee of management, means a member of the committee of management who is elected as a member of the Board at a meeting of members of the committee of management under section 10.
congregation means:
(a) a constituent part of the Church that is established by the Church from time to time for the purpose of providing for the worship of God, religious education and other church activities and that the Trust has recognised as a congregation, or
(b) an assembly of persons of any church affiliated with the Church from time to time (whether or not established by the Church) that the Trust has recognised as a congregation.
congregational representative, in relation to a congregation, means a member of the congregation who is elected as a member of the Board at a meeting of the congregation under section 9.
congregational rules, in relation to a congregation, means the rules made by the congregation under section 45, as in force from time to time.
congregational trust property means property vested in the Trust by or under section 42 (2) or 44 or otherwise held by the Trust on behalf of a particular congregation (whether under section 18 or otherwise).
conveyance includes transfer, assignment and assurance.
function includes a power, authority or duty and exercise a function includes perform a duty.
general trust property means property vested in the Trust by or under section 42 (1) or 43 or otherwise held by the Trust on behalf of the Church (and not on behalf of a particular congregation) (whether under section 17 or otherwise).
ministry means an activity that is a constituent part of the Church (other than a congregation) as established from time to time that the Trust has recognised as a ministry.
Trust means the Hunters Hill Congregational Church Property Trust constituted by this Act.
Trust rules means the rules made by the Trust under section 27, as in force from time to time.
(2) Notes included in this Act do not form part of this Act.
Part 2
Hunters Hill Congregational Church Property Trust
Part 2 Hunters Hill Congregational Church Property Trust
Part 2 Hunters Hill Congregational Church Property Trust
Division 1
Constitution of Trust
Division 1 Constitution of Trust
Division 1 Constitution of Trust
4
Constitution of Trust
4 Constitution of Trust
4 Constitution of Trust
There is constituted by this Act a corporation with the corporate name of the Hunters Hill Congregational Church Property Trust.
5
Board of Trust
5 Board of Trust
5 Board of Trust
(1) The Trust is to have a Board comprising the following members:
(a) 2 congregational representatives from each congregation that has between 10 and 14 members (at the time of the election of the representatives),
(b) 3 congregational representatives from each congregation that has 15 or more members (at the time of the election of the representatives),
(c) 1 committee of management representative for each committee of management, being a representative approved by the remainder of the Board.
(2) The Board may appoint additional members at an annual meeting of the Board, provided that, after the appointment of those additional members, the majority of Board members are congregational representatives.
(3) A person elected as a congregational representative for a congregation must be a member of that congregation.
(4) A person elected as a committee of management representative for a committee of management must be a member of that committee of management.
6
Board is to conduct affairs of Trust
6 Board is to conduct affairs of Trust
6 Board is to conduct affairs of Trust
The Board is to conduct the affairs of the Trust, and anything done by, or with the authority of, the Board is taken to have been done by the Trust.
Division 2
Procedure of Board
Division 2 Procedure of Board
Division 2 Procedure of Board
7
Procedure of Board
7 Procedure of Board
7 Procedure of Board
(1) The procedure of the Board is to be in accordance with the Trust rules, subject to this Act.
(2) The quorum for a meeting of the Board is a majority of the members of the Board.
(3) The Board is to meet at least once every 3 months.
8
Chairperson
8 Chairperson
8 Chairperson
(1) The members of the Board are to elect one member as Chairperson of the Board.
(2) The Chairperson holds office as Chairperson for a period of 12 months but is eligible (if otherwise qualified) for re-election.
(3) If the Chairperson ceases to be a member of the Board or resigns office as Chairperson, the members of the Board are to elect some other member to be Chairperson.
(4) The Chairperson is to preside at a meeting of the Board.
(5) In the absence of the Chairperson from a meeting, the members of the Board who are present at a meeting of the Board are to elect one of their number who is to preside at that meeting.
(6) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
Division 3
Election and appointment of members of Board
Division 3 Election and appointment of members of Board
Division 3 Election and appointment of members of Board
9
Election of congregational representatives
9 Election of congregational representatives
9 Election of congregational representatives
(1) An annual meeting of each congregation with 10 or more members is to be held in each year not earlier than one month before and not later than one month after the anniversary of the first annual meeting of the congregation held for the purposes of this Act.
(2) The meeting is to be called and conducted in accordance with the congregational rules of the congregation.
(3) At each such annual meeting, congregational representatives are to be elected to fill positions on the Board to be held by congregational representatives of the congregation.
(4) A congregational representative elected at an annual meeting of the congregation, or elected to fill a casual vacancy, holds office until the end of the next annual meeting of the congregation.
10
Election of committee of management representative
10 Election of committee of management representative
10 Election of committee of management representative
(1) An annual meeting of each committee of management is to be held in each year not earlier than one month before and not later than one month after the anniversary of the first annual meeting of the committee held for the purposes of this Act.
(2) The meeting is to be called and conducted in accordance with the Trust rules.
(3) At each such annual meeting, a committee of management representative is to be elected to fill the position on the Board to be held by the committee of management representative for the committee.
(4) A person cannot be elected as a committee of management representative unless, in the opinion of the Board, the person is a committed adherent of Christian evangelical doctrines.
(5) A committee of management representative elected at an annual meeting of the committee of management, or elected to fill a casual vacancy, holds office until the end of the next annual meeting of the committee of management.
11
Appointment of Board-appointed members
11 Appointment of Board-appointed members
11 Appointment of Board-appointed members
(1) An annual meeting of the Board is to be held in each year not earlier than one month before and not later than one month after the anniversary of the first annual meeting of the Board held for the purposes of this Act.
(2) The meeting is to be called and conducted in accordance with the Trust rules.
(3) A person cannot be appointed as a member of the Board by the Board unless, in the opinion of the Board, the person is a committed adherent of Christian evangelical doctrines.
(4) A Board-appointed member appointed at an annual meeting of the Board holds office until the end of the next annual meeting of the Board.
12
Initial members of Board
12 Initial members of Board
12 Initial members of Board
Until all of the first elections required by this Division are held, the members of the Board are to be the persons holding office as trustees for the purposes of the Hunters Hill Congregational Church Act 1977 immediately before its repeal by this Act (being the persons in whom, immediately before the date of assent to this Act, property was vested in trust for the Church).
Division 4
Members of Board
Division 4 Members of Board
Division 4 Members of Board
13
Vacation of office of Board members
13 Vacation of office of Board members
13 Vacation of office of Board members
A member of the Board is taken to have vacated office if the member:
(a) dies, or
(b) resigns the office by notice in writing to the Board and the Board resolves to accept the resignation, or
(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(d) becomes a mentally incapacitated person, or
(e) is absent from 3 consecutive meetings of the Board, notice of which has been given to the member, without prior leave of absence having been granted by the Board, or
(f) in the case of a congregational representative for a particular congregation:
(i) is removed from office by resolution of the congregation, but only if an opportunity has been given to the member to address the meeting of the congregation at which the resolution is considered before the resolution is made, being a meeting conducted in accordance with the congregational rules of the congregation, or
(ii) ceases to be a member of the congregation, or
(g) in the case of a committee of management representative for a particular committee of management:
(i) is removed from office by resolution of a meeting of the committee of management, but only if an opportunity has been given to the member to address the meeting of the committee at which the resolution is considered before the resolution is made, being a meeting conducted in accordance with the Trust rules, or
(ii) ceases to be a member of the committee of management, or
(h) in the case of a Board-appointed member—is removed from office by resolution of the Board, but only if an opportunity has been given to the member to address the meeting of the Board at which the resolution is considered before the resolution is made, being a meeting conducted in accordance with the Trust rules, or
(i) is removed from office by or pursuant to the Trust rules.
14
Filling of casual vacancies on Board
14 Filling of casual vacancies on Board
14 Filling of casual vacancies on Board
If a casual vacancy occurs in the office of a Board member, a person is to be appointed to fill the vacancy for the remainder of the relevant term of office in accordance with the following procedures:
(a) in the case of a congregational representative for a congregation—the procedures established by the congregational rules of the congregation,
(b) in the case of a committee of management representative—the procedures established by the Trust rules,
(c) in the case of a Board-appointed member—the procedures established by the Trust rules.
15
Disclosure of pecuniary interests
15 Disclosure of pecuniary interests
15 Disclosure of pecuniary interests
(1) If:
(a) a member of the Board has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board.
(2) A disclosure by a member of the Board at a meeting of the Board that the member:
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under subsection (1).
(3) After a member of the Board has disclosed the nature of an interest in any matter, the member must not:
(a) be present during any deliberation of the Board with respect to the matter, or
(b) take part in any decision of the Board with respect to the matter.
Division 5
Functions of Trust
Division 5 Functions of Trust
Division 5 Functions of Trust
16
Purpose of trust imposed by this Act
16 Purpose of trust imposed by this Act
16 Purpose of trust imposed by this Act
(1) The purpose of the trust under which the Trust holds general trust property is to hold property vested in it or acquired by it in trust for the Church and on any other trust affecting the property.
(2) The purpose of the trust under which the Trust holds congregational trust property is to hold property vested in it or acquired by it in trust for the relevant congregation and on any other trust affecting the property.
17
Functions of Trust in relation to general trust property and generally
17 Functions of Trust in relation to general trust property and generally
17 Functions of Trust in relation to general trust property and generally
(1) The functions of the Trust in relation to general trust property are as follows:
(a) to acquire property and to use, manage, control, hold, exchange, take on lease or dispose of and otherwise deal with property as trustee for, or for the purposes of, the Church,
(b) to mortgage, charge or otherwise encumber that property for the purposes of the Church,
(c) to make gifts or donations of that property for the purposes of the Church.
(2) The Trust may do and suffer all other things that bodies corporate may, by law, do and suffer and that are necessary for or incidental to the exercise of its functions under this Act.
(3) Without limiting subsection (1), the Trust has the following functions:
(a) to acquire property by gift, devise or bequest and to agree to and carry out the conditions of the gift, devise or bequest (which may include exchanging, holding, disposing of, mortgaging, charging or otherwise encumbering, or otherwise dealing with, that property),
(b) to borrow or lend money for the purposes of the Church, including any of its congregations and ministries, with or without security,
(c) to enter into any guarantee or indemnity that may assist the Trust or the Church in the exercise of its functions,
(d) to establish committees of management for the purpose of facilitating the establishment and management of specified ministries,
(e) to recognise congregations on behalf of which property may be held by the Trust.
(4) The Trust has such other functions as are conferred or imposed on it by this or any other Act.
(5) If, while any general trust property is held by the Trust under a trust that requires it to be used for or on behalf of a particular ministry, the ministry is dissolved, the Trust may deal with the relevant property for such purposes of the Church as the Trust may determine.
Functions of Trust in relation to congregational trust property
18 Functions of Trust in relation to congregational trust property
18 Functions of Trust in relation to congregational trust property
(1) The functions of the Trust in relation to congregational trust property are as follows:
(a) to acquire property and to use, manage, control, hold, exchange, take on lease or dispose of and otherwise deal with property as trustee for, or for the purposes of, the congregation,
(b) to mortgage, charge or otherwise encumber that property for the purposes of the congregation,
(c) to make gifts or donations of that property for the purposes of the congregation.
(2) The Trust is to exercise its functions in relation to congregational trust property held on behalf of a particular congregation in accordance with the directions of that congregation.
(3) In particular, a congregation may impose conditions regarding the use by a ministry of congregational trust property held on its behalf, if doing so is consistent with the trust on which the property is held. Those conditions may include a requirement that money be paid from the income of the ministry to the congregation.
(4) A direction of a congregation is validly given for the purposes of this section if it is given by a resolution of a meeting of the congregation called in accordance with the congregation’s congregational rules and passed by the majority required by those rules.
(5) If, while any congregational trust property is held by the Trust on behalf of a particular congregation, the congregation is dissolved or dispersed so that there are no members of that congregation, the Trust may deal with the relevant property for such purposes of the Church as the Trust may determine.
(6) If, while any congregational trust property is held by the Trust under a trust that requires it to be used for or on behalf of a particular ministry, the ministry is dissolved, the Trust may deal with the relevant property for such purposes of the Church as the Trust may determine.
19
Trust may delegate its functions
19 Trust may delegate its functions
19 Trust may delegate its functions
The Trust may, by resolution, delegate any of its functions (other than this power of delegation and the power to make Trust rules) to:
(a) any member of the Board, or
(b) any other person or body prescribed by the Trust rules.
(1) The Trustee Act 1925 applies to and in respect of the Trust.
(2) In the case of any inconsistency between this Act and the Trustee Act 1925, this Act prevails, to the extent of the inconsistency.
21
Trust may hold property jointly
21 Trust may hold property jointly
21 Trust may hold property jointly
The Trust may hold or acquire property either alone or jointly as a joint tenant or tenant-in-common.
22
Trust may invest trust funds
22 Trust may invest trust funds
22 Trust may invest trust funds
(1) The Trust:
(a) may invest or lend any funds that it holds on trust in accordance with the terms of any trust to which the funds are subject, and
(b) may also invest or lend any such funds in accordance with the Trustee Act 1925, unless the investment or loan is expressly forbidden by the trust to which the funds are subject.
(2) The Trust may invest trust funds held by it for different purposes or activities, or any part of those funds, as one fund.
(3) Income arising from an investment of funds in accordance with subsection (2) is to be apportioned rateably among the several purposes or activities for which the funds are held on trust.
(4) Any loss arising from an investment of funds in accordance with subsection (2) is to be apportioned rateably among the several purposes or activities for which the funds are held on trust.
23
Arrangements for other churches to use trust property
23 Arrangements for other churches to use trust property
23 Arrangements for other churches to use trust property
(1) In this section, scheme of co-operation means a scheme entered into by the Trust:
(a) with or involving a church of another denomination or any congregation or constituent element of such a church, and
(b) concerning the use of general trust property or congregational trust property.
(2) The Trust may permit general trust property to be used and managed for the purposes of a scheme of co-operation on such terms and conditions as the Trust determines.
(3) The Trust may permit congregational trust property held on behalf of a particular congregation to be used and managed for the purposes of a scheme of co-operation, but only:
(a) on the direction of the congregation given by a meeting of that congregation conducted in accordance with the procedure established by the congregation, and
(b) on such terms and conditions as the congregation determines at that meeting or any subsequent meeting so conducted.
(4) Any proceeds derived by the Trust from a scheme of co-operation are to be applied in the manner determined by the Trust.
(5) Conditions that the Trust may determine under this section include:
(a) conditions with respect to the making of monetary contributions towards the acquisition, construction, alteration, maintenance or repair of property vested in or held on behalf of a co-operating church, congregation or constituent element, and
(b) the giving or taking of a security or charge over any property.
(6) Either general trust property or congregational trust property may be used in accordance with a scheme of co-operation except to the extent that the property is subject to an express trust expressly forbidding its use in that manner.
(7) Neither general trust property nor congregational trust property is to be regarded as property that is subject to an express trust expressly forbidding its use under a scheme of co-operation merely because it is directed to be held in trust for worship within, or for the purposes of, the Church or the relevant congregation.
24
Conveyance of property if Church forms union with another branch of the Christian Church
24 Conveyance of property if Church forms union with another branch of the Christian Church
24 Conveyance of property if Church forms union with another branch of the Christian Church
(1) In this section, scheme of union means a scheme entered into involving a union between the Church and another branch of the Christian Church.
(2) The Trust may convey any general trust property or congregational trust property to any person or body for purposes connected with the Church entering into a scheme of union.
(3) Any conveyance of property in the Trust in accordance with this section does not affect:
(a) any reservation, mortgage, charge, encumbrance, lien or lease that affected the property, or
(b) any trust on which the property was held,
immediately before the conveyance of the property.
(4) The Trust may only convey general trust property if the conveyance is approved by a meeting of each congregation of the Church, held in accordance with the procedures established by the congregation, by an affirmative vote of at least 75% of members of each congregation.
(5) The Trust may only convey congregational trust property if the conveyance is approved by a meeting of the congregation on behalf of which it is held, held in accordance with the procedures established by the congregation, by an affirmative vote of at least 75% of all members of the congregation.
25
Relationship with Fellowship of Congregational Churches
25 Relationship with Fellowship of Congregational Churches
25 Relationship with Fellowship of Congregational Churches
(2) Affiliation by the Church (or a congregation) with the Fellowship of Congregational Churches (New South Wales) does not result in any property held by the Trust, or any other Church land or property, vesting in the Fellowship of Congregational Churches (New South Wales).
26
Reimbursement of the Trust
26 Reimbursement of the Trust
26 Reimbursement of the Trust
(1) In this section, an outstanding liability arises if:
(a) the Trust is required to pay to any other person any money for which the Trust is liable by reason of its having lawfully incurred the liability on behalf of a congregation, and
(b) the money has not been paid by the congregation to the Trust in a timely manner.
(2) The Trust may, for the purpose of being reimbursed for an outstanding liability in relation to a congregation:
(a) mortgage or sell all or any congregational trust property held on behalf of that congregation at such time, in such manner and upon such terms and conditions as it thinks fit, and
(b) out of the proceeds of the mortgage or sale, reimburse the Trust or pay, as the case may require, all interest and other expenses, including legal costs, if any, incurred in connection with the exercise of its powers under this section.
(3) Any residue of money held by the Trust after it has exercised its powers under subsection (2) with respect to congregational trust property held by it for the benefit of a congregation is to continue to be held by the Trust for the benefit of the congregation.
Division 6
Trust rules
Division 6 Trust rules
Division 6 Trust rules
27
Trust must make Trust rules
27 Trust must make Trust rules
27 Trust must make Trust rules
(1) The Trust must make Trust rules, not inconsistent with this Act:
(a) for the control, management and administration of, and dealings with, general trust property or congregational trust property, and
(b) for the operation of the Trust, and
(c) for the conduct of proceedings of the Board (which may provide for meetings of the Board to be held by electronic means).
(2) Without limiting the matters that can be the subject of the Trust rules, the Trust rules must address the following matters, as a minimum:
(a) the Trust functions that may be delegated,
(b) the persons to whom those Trust functions may be delegated,
(c) the procedure by which the Trust can recognise that an entity is a congregation for the purposes of this Act,
(d) the procedure by which the Trust can recognise that an entity is a ministry for the purposes of this Act,
(e) the procedure for the appointment of Board-appointed members,
(f) the procedure for meetings of the Board, including the following:
(i) the procedure for the calling of ordinary meetings, annual meetings and extraordinary meetings on the request of members,
(ii) the procedure for the conduct of business at meetings,
(iii) whether voting is to be by secret ballot, by show of hands or otherwise,
(iv) whether members of the Board are entitled to vote by proxy at meetings,
(v) the majority required for a resolution of a meeting at which a quorum is present to be carried,
(vi) a requirement that minutes are to be kept of the proceedings of each meeting, which are to include a record of at least the following:
(A) all motions put to the meeting,
(B) amendments to such motions,
(C) the names of the movers and seconders of those motions and amendments,
(D) the resolutions passed by the meeting,
(vii) a requirement that the minutes of the proceedings of all meetings be kept and provided to members of the Board on request,
(g) the procedure for meetings of committees of management at which committee of management representatives are elected.
(3) The Trust rules can deal with additional matters, but only in a manner consistent with subsections (1) and (2).
28
Amendment of Trust rules
28 Amendment of Trust rules
28 Amendment of Trust rules
A Trust rule may be amended or repealed by a subsequent rule made under this Division.
29
Public notice of Trust rules
29 Public notice of Trust rules
29 Public notice of Trust rules
(1) The Trust must make the Trust rules, as in force from time to time, publicly available at no cost.
(2) Without limiting the manner in which the Trust rules must be made publicly available, a copy of the rules must be published on the website of the Church.
Division 7
Accountability of Trust
Division 7 Accountability of Trust
Division 7 Accountability of Trust
30
Details to be made public
30 Details to be made public
30 Details to be made public
The Trust must publish the following on the website of the Church:
(a) a list of members of the Board and their contact details,
(b) details of each place of business of the Trust,
(c) details of where the minutes of proceedings of Board meetings, and records of Board resolutions, can be inspected,
(d) details of where financial statements of the Trust can be inspected,
(e) a record of any current delegations of the Board’s functions, including the persons to whom such functions are delegated,
(f) the Trust rules,
(g) the congregational rules for each congregation,
(h) a list of all congregations and ministries recognised by the Trust for the purposes of this Act.
31
Keeping of minutes of proceedings
31 Keeping of minutes of proceedings
31 Keeping of minutes of proceedings
The Board must keep:
(a) minutes of the proceedings of its meetings, and
(b) a record of its resolutions.
32
Access to minutes of proceedings
32 Access to minutes of proceedings
32 Access to minutes of proceedings
The minutes of proceedings of Board meetings, and the records of Board resolutions, are to be made available for inspection by any member of a congregation, at no cost.
33
Keeping of accounts
33 Keeping of accounts
33 Keeping of accounts
The Trust must keep records that correctly record and explain its financial transactions and financial position.
34
Financial statements
34 Financial statements
34 Financial statements
As soon as practicable after the end of each financial year, the Trust must cause financial statements for that year to be prepared, being statements that give a true and fair view of the Trust’s affairs.
35
Auditing of financial statements
35 Auditing of financial statements
35 Auditing of financial statements
(1) As soon as practicable after the end of each financial year, the Trust must cause the financial statements for that year to be audited.
(2) The auditor’s report:
(a) must be prepared in accordance with the Australian Auditing Standards, and
(b) must state whether the Trust has kept such financial records as are necessary to enable financial statements to be prepared in accordance with the Australian Accounting Standards.
(3) The audited financial reports are to be made available for inspection by any member of the Church, at no cost.
36
Report to congregations
36 Report to congregations
36 Report to congregations
The Trust must prepare, and submit to the annual general meeting of each congregation, a report of the Trust’s dealings with, and management of, congregational trust property held on behalf of that congregation during the previous financial year.
Division 8
Execution of instruments by Trust
Division 8 Execution of instruments by Trust
Division 8 Execution of instruments by Trust
37
Custody and use of seal of Trust
37 Custody and use of seal of Trust
37 Custody and use of seal of Trust
(1) The seal of the Trust is to be kept by the Chairperson and may be affixed to a document only:
(a) in accordance with a resolution of the Trust, and
(b) in the presence of at least 2 members of the Board (one of whom is the Chairperson), and
(c) with an attestation by the signatures of those members of the fact of the affixing of the seal.
(2) The common seal is to be affixed to such documents as the Trust determines from time to time.
(3) The common seal is to be in such form as the Board determines.
38
How Trust may execute certain instruments
38 How Trust may execute certain instruments
38 How Trust may execute certain instruments
(1) Any instrument relating to any property or matter that, if made or executed by an individual, would by law be required to be in writing under seal may be made on behalf of the Trust in writing under the seal of the Trust.
(2) Any contract relating to any property or matter that, if made between individuals, would by law be valid although made orally only may be made on behalf of the Trust by any person acting under its authority, express or implied.
39
Trust may appoint agents or attorneys to execute under seal
39 Trust may appoint agents or attorneys to execute under seal
39 Trust may appoint agents or attorneys to execute under seal
(1) The Trust may, by writing under its seal, expressly empower any person, in respect of any specific matter, to execute any deed or other document on the Trust’s behalf as its agent or attorney.
(2) Any deed signed by such an agent or attorney on behalf of the Trust binds the Trust and has the same effect as if it were under the seal of the Trust.
Division 9
Miscellaneous
Division 9 Miscellaneous
Division 9 Miscellaneous
40
Persons exonerated from liability on receiving receipt for certain money paid to Trust
40 Persons exonerated from liability on receiving receipt for certain money paid to Trust
40 Persons exonerated from liability on receiving receipt for certain money paid to Trust
A receipt for money paid to the Trust that:
(a) is executed under the seal of the Trust, or
(b) is in writing signed by two members of the Board (one of whom is the Chairperson), or
(c) is in writing signed by a person duly authorised for the purpose by the Trust or by two members of the Board (one of whom is the Chairperson),
exonerates the person by whom or on whose behalf the money is paid from any liability for the loss, misapplication or non-application of the money.
41
Certain persons to be indemnified out of trust property
41 Certain persons to be indemnified out of trust property
41 Certain persons to be indemnified out of trust property
A member of the Board (including the Chairperson), and any other person, exercising in good faith a function in relation to general trust property or congregational trust property in accordance with this Act or any Trust rule, and the executor or administrator of any such member of the Board, Chairperson or person, are entitled to be indemnified out of general trust property or congregational trust property against all expenses and liabilities that they incur in connection with the exercise of that function.
Part 3
Vesting of property in Trust
Part 3 Vesting of property in Trust
Part 3 Vesting of property in Trust
42
Vesting of property in Trust on date of assent to this Act
42 Vesting of property in Trust on date of assent to this Act
42 Vesting of property in Trust on date of assent to this Act
(1) Any property that was, immediately before the date of assent to this Act, vested in any person in trust for the Church (and not for a particular congregation) is, on that day, divested from that person and is, to the extent that it is so vested, vested (without conveyance) in the Trust.
(2) Any property that was, immediately before the date of assent to this Act, vested in any person in trust for a particular congregation is, on that day, divested from that person and is, to the extent that it is so vested, vested (without conveyance) in the Trust.
(3) The vesting of property in the Trust by this section does not affect:
(a) any reservation, mortgage, charge, encumbrance, lien or lease that affected the property, or
(b) any trust on which the property was held,
immediately before the vesting of the property.
(4) No attornment to the Trust by a lessee of land vested in the Trust by this section is necessary.
(5) The vesting of property by this Part is not a dutiable transaction for the purposes of the Duties Act 1997.
(6) A dutiable transaction within the meaning of the Duties Act 1997, or an instrument that effects or evidences a dutiable transaction and that occurs or is executed or registered only for:
(a) a purpose ancillary to, or consequential on, the operation of this section, or
(7) On and from the date of assent to this Act, the following provisions have effect in relation to property vested in the Trust in accordance with this section:
(a) the rights and liabilities of a former trustee become rights and liabilities of the Trust to be exercised and discharged in accordance with this Act,
(b) the obligations of a former trustee become obligations of the Trust to be performed in accordance with this Act,
(c) proceedings before a court or tribunal by or against a former trustee that, immediately before the date of assent to this Act, were pending or in the course of being heard are taken to be proceedings by or against the Trust,
(d) to the extent to which an act, matter or thing done or omitted to be done on behalf of a former trustee had any force or effect immediately before the date of assent to this Act, it is taken to be an act, matter or thing done or omitted to be done by the Trust,
(e) a reference in any instrument to a former trustee is to be read as a reference to the Trust,
(f) time that had commenced to run in relation to a former trustee is taken to be time that had commenced to run in relation to the Trust.
(8) In this section:
former trustee means any person in whom, immediately before the date of assent to this Act, property was vested in trust for the Church or the particular congregation, as the case may be.
43
Vesting of other property in Trust on behalf of Church
43 Vesting of other property in Trust on behalf of Church
43 Vesting of other property in Trust on behalf of Church
(1) To the extent to which an instrument (including a will) provides for any property (other than property to which section 42 applies):
(a) to be given to the Church or to a person for, or for the benefit of, or in trust for, the Church or for the purposes of the Church, or
(b) to be declared or directed to be held by any person for, or for the benefit of, or in trust for, the Church or for the purposes of the Church, or
(c) to be payable to, or receivable by, the Church or any person on behalf of the Church, or
(d) to be recoverable by the Church or by any person for the Church,
a reference in the instrument to the Church, or to that person, is to be treated as a reference to the Trust.
(2) Where property is vested in the Trust by subsection (1), the property is to be held by the Trust on behalf of the Church subject to the provisions of this Act relating to any such property.
(3) In this section, a reference to property being given to, held for or for the benefit of, or being payable to or recoverable by, the Church does not include a reference to property being given to, held for or for the benefit of, or being payable to or recoverable by a particular congregation.
44
Vesting of other property in Trust on behalf of a congregation
44 Vesting of other property in Trust on behalf of a congregation
44 Vesting of other property in Trust on behalf of a congregation
(1) To the extent to which an instrument (including a will) provides for any property (other than property to which section 42 applies):
(a) to be given to a congregation or to a person for, or for the benefit of, or in trust for, a congregation or for the purposes of a congregation, or
(b) to be declared or directed to be held by any person for, or for the benefit of, or in trust for, a congregation or for the purposes of a congregation, or
(c) to be payable to, or receivable by, a congregation or any person on behalf of a congregation, or
(d) to be recoverable by a congregation or by any person for a congregation,
a reference in the instrument to the congregation, or to that person, is to be treated as a reference to the Trust.
(2) Where property is vested in the Trust by subsection (1), the property is to be held by the Trust on behalf of the congregation subject to the provisions of this Act relating to any such property.
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
45
Congregations must make congregational rules
45 Congregations must make congregational rules
45 Congregations must make congregational rules
(1) Each congregation must make congregational rules, not inconsistent with this Act.
(2) Without limiting the matters that can be the subject of congregational rules, the congregational rules for a congregation must address the following matters:
(a) meetings of the congregation, including the following:
(i) the procedure for the calling of ordinary meetings, annual meetings and extraordinary meetings on request of members,
(ii) the procedure for the conduct of business at meetings,
(iii) the quorum for meetings,
(iv) whether voting is to be by secret ballot, by show of hands or otherwise,
(v) the majority required for a decision of a meeting at which a quorum is present to be a decision of the congregation,
(vi) whether business of the meeting can be transacted by telephone or other electronic means,
(vii) a requirement about the disclosure of pecuniary interests by members of the congregation, that is to the same effect as section 15,
(viii) a requirement that minutes are to be kept of the proceedings of each meeting, which are to include a record of at least the following:
(A) all motions put to the meeting,
(B) amendments to such motions,
(C) the names of the movers and seconders of those motions and amendments,
(D) the resolutions passed by the meeting,
(ix) a requirement that the minutes of the proceedings of all meetings be kept and provided to members of the congregation on request,
(b) the election of congregational representatives, including the following:
(i) the calling of elections,
(ii) nominations for election,
(iii) the ballot.
(3) The congregational rules for a congregation can deal with additional matters, but only in a manner consistent with subsections (1) and (2).
46
Amendment of congregational rules
46 Amendment of congregational rules
46 Amendment of congregational rules
A congregational rule may be amended or repealed by a subsequent rule made under this Division.
47
Public notice of congregational rules
47 Public notice of congregational rules
47 Public notice of congregational rules
(1) The Trust must ensure that the congregational rules for each congregation, as in force from time to time, are publicly available at no cost.
(2) Without limiting the manner in which congregational rules must be made publicly available, a copy of the rules must be published on the website of the Church (see section 30 (g)).
48
Regulations
48 Regulations
48 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
49
Savings and transitional regulations
49 Savings and transitional regulations
49 Savings and transitional regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act, or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
50
50
50 (Repealed)
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Hunters Hill Congregational Church Property Trust Act 2013.
2 Commencement
2 Commencement
2 Commencement
This Act commences on the date of assent to this Act.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act:
Board means the Board referred to in section 5.
Board-appointed member means a person appointed as a member of the Board at an annual meeting of the Board.
Chairperson means the Chairperson for the time being of the Board.
Church means the Hunters Hill Congregational Church, being a church:
(a) that, prior to 22 June 1977, was affiliated with The Congregational Union of New South Wales, and
(b) that, immediately before the date of assent to this Act, included the following congregations and ministries:
(i) the congregation meeting on the corner of Alexandra and Ferdinand Streets, Hunters Hill, known as Hunters Hill Congregational Community Church,
(ii) the congregation meeting at Narellan, known as Narellan Community Congregational Church,
(iii) the ministry of Hunters Hill Congregational Church Retirement Village, at 20A Alexandra Street, Hunters Hill,
(iv) the ministry of Angus Bristow Village, Narellan,
(v) the ministry of Narellan Congregational Community Services, and
(c) that includes any other congregations that may be recognised as congregations by the Trust from time to time, and
(d) that includes any other ministries that may be recognised as ministries by the Trust from time to time.
committee of management means a committee of management recognised or established by the Trust from time to time for the purpose of facilitating the establishment or management (or both) of a specified ministry.
Provides special mechanics for inter-church co-operation and unions, including allowing schemes of co-operation and, in limited circumstances, conveyance of property for union with another Christian branch subject to congregation approvals (ss 23-24).
Provides indemnities and exonerations for persons acting in good faith and specific procedural requirements for execution of sealed instruments (ss 40-41, 37-39).
Enables the Trust to recover and be reimbursed for liabilities it incurs on behalf of a congregation by mortgaging or selling congregational trust property if a congregation has not paid in a timely manner (s 26).
Commencement is immediate on assent (s 2). The Act also specifies that provisions of the Trustee Act 1925 apply to the Trust, subject to any inconsistency with this Act (s 20).
The Act therefore centralises legal title in a statutory Trustee entity, lays down representative governance tied to congregational membership numbers, prescribes transparency and financial controls, and gives the Trust operational powers over property and funds with discrete protections and directions for congregations.
Main concepts
The Act organises around a small set of core legal and governance concepts, each explicitly defined and then operationalised.
Trust and Trust property categories: The statutory entity is the Hunters Hill Congregational Church Property Trust (the Trust) (s 4; defined in s 3). The Act separates property into general trust property, which is held for the Church as a whole (s 16(1); defined in s 3), and congregational trust property, which is held for a particular congregation (s 16(2); defined in s 3). Those categories drive decision rights and directions in ss 17-18.
Board governance and representative structure: The Board is the Trust’s governing body and is explicitly the vehicle for conducting the Trust’s affairs (s 6). Membership categories are congregational representatives, committee of management representatives and Board-appointed members, with a statutory rule that the majority of Board members must be congregational representatives after any Board appointments (s 5(1)-(2)). Election timing and eligibility rules are prescribed (ss 9-11).
Congregations and ministries: A “congregation” is any constituent part of the Church recognised by the Trust or an assembly of persons of an affiliated church recognised by the Trust (s 3). “Ministry” covers other church activities recognised by the Trust (s 3). The Trust may recognise congregations and ministries (s 17(3)(e)); conversely each congregation must make congregational rules consistent with the Act (s 45).
Vesting, succession and re-titling mechanics: Property already held on trust for the Church or a congregation immediately vests in the Trust on assent, without conveyance, and without transfer duty (s 42(1)-(6)). Instruments or wills referring to the Church or a congregation are treated as references to the Trust where relevant (ss 43-44). The Act provides continuity: rights, liabilities and proceedings against former trustees are treated as those of the Trust (s 42(7)).
Directions and control over congregational property: The Trust must exercise functions in relation to congregational trust property in accordance with directions of the relevant congregation, given by a meeting conducted under its congregational rules (s 18(2)-(4)). Congregations may impose conditions on use by ministries, including payment of money from ministry income to the congregation (s 18(3)). However the Act also gives the Trust authority to mortgage or sell congregational trust property to reimburse outstanding liabilities incurred by the Trust on behalf of a congregation (s 26).
Delegation and rule-making: The Trust may delegate functions by resolution, but not the power of delegation itself or the power to make Trust rules (s 19). The Trust must make Trust rules and those rules must attend to specific governance matters, and be publicly available free of charge (ss 27(1)-(2), 29).
Accountability and transparency: The Act obliges publication on the Church website of Board membership and contact details, where minutes and financial statements can be inspected, a list of congregations and ministries, the Trust rules and congregational rules, and records of current delegations (s 30). Minutes, financial records and audited statements must be kept and made inspectable to members at no cost (ss 31-36).
Interaction with Trustee Act and other law: The Trustee Act 1925 applies to the Trust subject to this Act, and in any inconsistency this Act prevails (s 20).
These concepts convert into concrete procedures and legal effects. Vesting without conveyance moves legal title automatically to the Trust (s 42(1)-(2)); congregational directions narrow the Trust’s discretionary exercise over congregational trust property (s 18(2)); Trust rules structure Board procedure and delegation (s 27). The Act balances central title and operational powers with procedural protections for congregations and public transparency obligations.
Who it affects
The Act’s stakeholders are identifiable and their legal positions change in discrete ways under the text.
Congregations of the Hunters Hill Congregational Church: Defined in s 3, congregations that existed immediately before assent or that the Trust subsequently recognises are affected. Property previously held in trust for a congregation vests in the Trust (s 42(2)). Congregations must make congregational rules (s 45), elect congregational representatives to the Board (s 9), approve major transfers in some circumstances (s 24(5)), and may give directions to the Trust about congregational trust property that the Trust must follow (s 18(2)-(4)). Congregations also receive annual reports of the Trust’s dealings with their trust property (s 36).
Members of congregations: Members gain inspection rights to minutes and financial statements at no cost (ss 32, 35(3)). Members participate in annual meetings to elect representatives and to pass resolutions that may bind the Trust with respect to congregational property (s 9; s 18(4)).
Committees of management and ministries: Committees of management can be recognised by the Trust and may have a committee of management representative on the Board (s 3; s 5(1)(c)). The Trust may establish committees of management to facilitate ministries (s 17(3)(d)). Ministries whose activities involve congregational trust property operate under conditions set by congregations and the Trust, including possible financial conditions (s 18(3)).
Board members and prospective Board-appointed members: The Board’s composition rules determine who may serve. Congregational representatives must be members of the relevant congregation (s 5(3)). Committee of management representatives must be members of their committee (s 5(4)). A committee of management representative and a Board-appointed member cannot be chosen unless, in the opinion of the Board, they are committed adherents of Christian evangelical doctrines (ss 10(4), 11(3)). Board-appointed members may be appointed provided congregational representatives remain the majority (s 5(2)). Board members are subject to pecuniary interest disclosure obligations that bar presence and voting on conflicted matters (s 15).
Donors, testators and third-party trustees: Wills and instruments that direct property to the Church or a congregation are interpreted as referring to the Trust (ss 43-44). Persons dealing with the Trust and who take receipts executed under seal or signed by two Board members are exonerated from liability in relation to those payments (s 40).
Lenders, purchasers and other third parties: The Trust has statutory power to mortgage, charge, sell or otherwise encumber property (ss 17(1)(b), 18(1)(b), 26). Property vesting occurs without conveyance and without duty (s 42(1), (5)-(6)); lessees need not attorn (s 42(4)). The Trust may therefore be a contracting counterparty in land and finance transactions. The Trustee Act 1925 applies to the Trust subject to this Act (s 20), so established trustee duties and remedies remain available.
Auditors and accountants: The Trust must prepare financial statements annually giving a true and fair view and must have them audited in accordance with Australian Auditing Standards; the auditor must report whether records necessary to prepare financial statements in accordance with Australian Accounting Standards have been kept (s 34-35).
The broader public and other churches: The Trust may enter schemes of co-operation with other denominations or congregations, permit use of trust property for co-operation, and convey property in connection with unions subject to congregation approvals (ss 23-24). Affiliation with the Fellowship of Congregational Churches (NSW) does not cause Trust property to vest in that body (s 25).
Each of these groups faces different decision rights, liabilities and procedural obligations created by the Act. The instrument centralises title and operational authority in the statutory Trust while preserving a role for congregational direction over congregational trust property and imposing transparency duties to members.
Key duties and rights
The Act prescribes explicit duties for the Trust, Board members and congregations, and confers associated rights for members, congregations and third parties.
Trust duties and functions
Hold and manage property in trust for the Church or for specified congregations in accordance with the purposes specified in s 16. The Trust’s powers over general trust property include acquisition, management, disposal, encumbrance, gifts and borrowing for Church purposes (ss 16-17).
Exercise functions in relation to congregational trust property in accordance with directions of the relevant congregation, and to accept conditions a congregation may lawfully impose regarding use by ministries (s 18(2)-(4)). Congregational resolutions under the congregation’s rules provide valid directions (s 18(4)).
Make Trust rules covering identified governance matters, including delegation, recognition of congregations and ministries, appointment procedures, meeting procedures and minute-keeping; and publish those rules on the Church website at no cost (ss 27, 29).
Maintain records, minutes and accounts that correctly record its financial position and transactions, prepare financial statements giving a true and fair view, and have those audited as soon as practicable after each financial year (ss 31-35).
Publish specific information on the Church website such as the Board membership list and contact details, meeting and inspection locations, where minutes and financial statements can be inspected, records of delegations, the Trust rules, congregational rules, and a list of recognised congregations and ministries (s 30).
Make minutes and audited financial reports available to members of the Church at no cost (ss 32, 35(3)).
Subject to limits in the Act, delegate functions by resolution to Board members or other persons prescribed by Trust rules, but not the power of delegation itself or the power to make Trust rules (s 19).
Board member duties and restrictions
Board members must disclose direct or indirect pecuniary interests that raise conflicts and, after disclosure, must not be present during deliberation or participate in decision-making on the matter (s 15).
Board members must attend meetings; absence from three consecutive meetings without approved leave results in deemed vacation of office (s 13(e)).
The Chairperson is to be elected annually and, when presiding, has a deliberative vote and a casting vote in the event of equality (s 8).
Congregational duties and rights
Each congregation must make and maintain congregational rules consistent with the Act and these must address detailed matters of meeting procedure, quorum, voting method, disclosure of pecuniary interests and minute-taking (s 45(1)-(2)). The Trust must publish congregational rules and make them publicly available (s 29; s 47).
Congregations elect congregational representatives to the Board at annual meetings called and conducted under the congregational rules (s 9). A congregational representative must be a member of the congregation (s 5(3)).
Congregations can direct the Trust in respect of congregational trust property by resolution passed under their rules, including imposing conditions on ministries’ use of property and receiving payments out of ministry income (s 18(2)-(3)).
For conveyance of general trust property in connection with union with another Christian branch, a meeting of each congregation must approve the conveyance by an affirmative vote of at least 75% of its members (s 24(4)). Conveyance of congregational trust property requires a 75% affirmative vote of all members of the relevant congregation (s 24(5)).
Third-party rights and exonerations
Receipts executed under seal or signed by two Board members one of whom is the Chairperson, or signed by authorised persons, exonerate payers from liability for loss or misapplication of money paid to the Trust (s 40).
Instruments can be executed under the Trust’s seal; the Trust may appoint agents or attorneys by instrument under seal to execute deeds binding the Trust (ss 37-39).
Financial and remedial mechanics
The Trust may mortgage or sell congregational trust property to reimburse itself for outstanding liabilities it has lawfully incurred on behalf of a congregation where the congregation has not paid in a timely manner; the Trust may pay interest, expenses and legal costs from the proceeds and must hold any residue for the benefit of the congregation (s 26).
The Trustee Act 1925 applies to the Trust to the extent not inconsistent with this Act, so trustee duties and remedies from that Act remain relevant (s 20).
Collectively, these duties and rights create an operational regime where legal title and many operational powers are centralised in the Trust, while decision rights over congregational trust property are constrained by congregation directions and specified safeguards such as approval thresholds for certain disposals.
Penalties and enforcement
This Act is primarily regulatory and organisational rather than punitive; it does not create a schedule of criminal offences or pecuniary penalties within its text. Enforcement and accountability arise through statutory powers, procedural controls, fiduciary and trustee law, meeting and election processes, and access and audit mechanisms.
No express criminal penalties or fines: The Act contains no express criminal offences or monetary penalties for breaches of its procedural or transparency obligations. The text does not prescribe penalties for failure to publish Trust rules, minutes or financial statements (compare ss 27, 29, 30, 35 where duties are stated but without fines).
Enforcement via trustee duties and legal proceedings: The Trustee Act 1925 applies to the Trust (s 20(1)), and in the event of inconsistency this Act prevails (s 20(2)). The Trustee Act and general trust law provide duties, equitable remedies and access to courts for breaches of fiduciary or trustee obligations. The Act reinforces continuity by providing that proceedings pending or in course against former trustees are taken to be proceedings against the Trust (s 42(7)(c)); rights and liabilities of former trustees become rights and liabilities of the Trust (s 42(7)(a)-(b)).
Internal governance remedies: Board membership may be vacated by specified events (death, resignation, insolvency, mental incapacity, absence, removal by the appointing body or pursuant to Trust rules) (s 13). Removal procedures require an opportunity to address the meeting before removal for congregational and committee-appointed members, and for Board-appointed members removal requires a Board resolution with an opportunity to be heard (s 13(f)-(i)). These provide internal enforcement through member removal.
Operational enforcement: The Trust holds explicit statutory powers to recover money it has lawfully expended on behalf of a congregation by mortgaging or selling congregational trust property where a congregation fails to reimburse in a timely way (s 26). That power includes authority to pay interest and expenses, including legal costs, from proceeds and to retain any residue for the congregation (s 26(2)-(3)). That is a strong enforcement mechanism exercisable without creating an offence.
Transparency and inspection as soft enforcement: The Act requires publication of specified information and inspection rights for members at no cost, including access to minutes, resolutions, and audited financial statements (ss 30-35, 32, 35(3)). These transparency obligations create reputational and member-driven accountability. The Act does not specify sanctions for failing to comply with publication or inspection obligations, but non-compliance may expose the Trust to trust law remedies, dispute and potential court enforcement.
Procedural checks on major disposals: Conveyance of general trust property in connection with union requires approval by each congregation with a 75% affirmative vote of members (s 24(4)); conveyance of congregational trust property requires a 75% affirmative vote of all members of that congregation (s 24(5)). Those high thresholds act as a structural restraint rather than a penal sanction.
Auditor standards and reporting obligations: The Act requires audited financial statements prepared under Australian Auditing Standards and a report stating whether sufficient records have been kept to prepare statements under Australian Accounting Standards (s 35). Non-compliance with auditing standards may give auditors obligations under professional standards and regulatory mechanisms outside the Act.
In short, the Act relies on trustee law, internal governance mechanisms, statutory powers such as mortgaging/selling for reimbursement and transparency duties to achieve compliance. It does not itself create discrete statutory penalties, instead embedding remedial routes through trustee obligations, member rights and court remedies.
How it interacts with other laws
The Act expressly interfaces with several other legal instruments and legal regimes, and establishes precedence rules where necessary.
Trustee Act 1925: The Trustee Act 1925 applies to and in respect of the Trust (s 20(1)). Where there is any inconsistency between this Act and the Trustee Act 1925, this Act prevails to the extent of the inconsistency (s 20(2)). That means routine trustee duties and powers under the Trustee Act remain applicable unless they conflict with express provisions of this Act.
Duties Act 1997: Vesting of property in the Trust under s 42 is declared not to be a dutiable transaction for the purposes of the Duties Act 1997 (s 42(5)). Further, transactions or instruments ancillary or consequential to giving effect to s 42 are not chargeable with duty under the Duties Act 1997 (s 42(6)). That provides a tax/exemption mechanism for transfers triggered by the statutory vesting event.
Hunters Hill Congregational Church Act 1977: The Act assumes, and refers to, the immediate predecessor trustees from the Hunters Hill Congregational Church Act 1977 and treats persons who were trustees immediately before repeal as initial Board members until the first elections required under the new Division occur (s 12). The Act therefore effects a statutory succession from the repealed 1977 Act’s trustee regime to the new Trust.
Fellowship of Congregational Churches (New South Wales) Incorporation Act 1977: The Act permits affiliation by the Church or any congregation with the Fellowship of Congregational Churches (New South Wales) but specifies that such affiliation does not cause Trust property or Church land to vest in the Fellowship (s 25). That preserves property title against automatic vesting on affiliation.
Australian Auditing and Accounting Standards: The Act requires the auditor’s report to be prepared in accordance with Australian Auditing Standards and requires a statement whether the Trust has kept records necessary to prepare financial statements pursuant to Australian Accounting Standards (s 35(2)). Those external professional standards therefore form part of the Trust’s statutory compliance obligations.
Property and conveyancing law: The Act vests property without conveyance (s 42(1)-(2)) and preserves existing reservations, mortgages, charges and leases (s 42(3)). It also provides that attornment by tenants is not necessary (s 42(4)). For dealings with third parties (sales, mortgages), usual property and personal property security law and registration regimes will remain relevant; the Act’s statutory powers do not displace other statutory requirements for registration of interests, but the vesting without conveyance and duties exemptions are meaningful legal effects.
Regulations and transitional provisions: The Governor may make regulations not inconsistent with the Act for matters required or convenient to give effect to the Act, and those regulations may include savings and transitional provisions that may take effect from assent (ss 48-49). Those regulations can be used to align administrative and procedural interfaces with other statutory regimes.
General law: The Act’s indemnity clause (s 41) and exoneration for receipts (s 40) interact with general equity and contract principles. The Act’s provisions about continuity of proceedings and transfer of obligations to the Trust (s 42(7)) interact with procedural law and practice in ongoing litigation.
Overall, the Act integrates statutory vesting and governance specific to this Church with general trustee law, auditing and accounting standards, duties law, property law and regulatory instruments. It provides specific precedence where conflicts might arise, most notably by subordinating the Trustee Act only to the extent inconsistent and by exempting vesting transactions from duty under the Duties Act 1997.
Amendment history
The Act text as supplied contains limited explicit amendment metadata. Key textual indicators and transitional references include:
Repeal of predecessor statute: The Act treats the trustees under the Hunters Hill Congregational Church Act 1977 as the initial Board members until the first elections are held under the new scheme (s 12). That language demonstrates that the 1977 Act was repealed or its trust provisions superseded by this Act; the phrase in s 12 specifies "immediately before the date of assent to this Act," the persons holding office as trustees under the 1977 Act are the initial Board. The Act therefore effected statutory continuity from the 1977 trust arrangements.
Repeal of s 50: The printed text includes the notation "50 (Repealed)" followed by administrative citation "s 50: Rep 1987 No 15, sec 30C." That indicates a historical repeal entry, though the Act otherwise does not contain a schedule of amendments. The presence of that notation shows the consolidated text records a repeal of a prior s 50 in an earlier instrument. The Act itself contains no further amending provisions recorded in the supplied text.
Commencement: The Act commences on the date of assent (s 2). That forms the legal effective date for all vesting and governance changes described in the Act, notably the automatic vesting provisions in s 42 which operate "on that day."
Transitional provisions in the Act: The Act contains explicit transitional mechanics in s 42(7) for property vested in the Trust on assent. These specify that rights, liabilities, obligations and proceedings relating to former trustees become those of the Trust, and reference time running in relation to former trustees (s 42(7)(a)-(f)). Those are internal transitional measures embedded in the primary text rather than later amendments.
Power to make savings and transitional regulations: The Act authorises the Governor to make regulations of a savings or transitional nature consequent on the enactment of the Act or any amending Act (s 49(1)-(2)). Those regulations may take effect from the date of assent where provided but are constrained not to prejudice private rights that existed prior to publication (s 49(3)). That delegation provides the statutory route for addressing technical transition or amendment consequences by subordinate instrument.
Application of other Acts and precedence: The Act expressly imposes that, in the case of inconsistency between this Act and the Trustee Act 1925, this Act prevails (s 20(2)). That is a textual hierarchy inserted by this Act and relevant if future amendments to the Trustee Act interact.
There are no further amendment markers or schedules provided in the supplied text. Any later amendments would be recorded in the official consolidated statute database. Practitioners should check the current consolidated version and the NSW legislation website for any subsequent amending Acts or regulations made under s 48 or s 49 after assent.
Litigation history
The Act as supplied contains no recorded litigation history. The statutory text does not refer to any judicial decisions, and there are no case annotations or schedules listing disputes. The Act itself provides procedural measures that could give rise to litigation in practice, such as:
Disputes about the Trust’s exercise of powers over congregational trust property where congregational directions are alleged to have been ignored (s 18(2)-(4)).
Challenges to the Trust’s exercise of power to mortgage or sell congregational trust property to reimburse outstanding liabilities incurred on behalf of a congregation (s 26).
Disputes concerning the validity of meetings, election of congregational representatives, or removal of Board members where the congregational rules or Trust rules are alleged to have been contravened (ss 9-11, 13, 14, 27).
Claims in equity or under the Trustee Act 1925 alleging breach of fiduciary duties, misuse of trust property, or failures in financial reporting and record-keeping (s 20).
Because the Trustee Act 1925 applies to the Trust (s 20(1)), typical equitable remedies and trustee law claims remain available. Proceedings pending against former trustees are transferred to the Trust by s 42(7)(c) which preserves continuity of litigated rights and obligations. For actual litigation history in courts or tribunals, practitioners must search case law databases and court records; the Act itself does not supply such material.
Absent external legal reporting, the legislative text alone cannot be taken as evidence of any judicial interpretation. Any litigant or adviser seeking how courts will interpret particular provisions,such as the scope of “outstanding liability” under s 26, the degree of deference owed to congregational directions in s 18, or the appropriate standard for the Board’s religious adherence test in ss 10(4) and 11(3),must consult relevant case law and, where necessary, obtain declaratory relief.
Gotchas
The Act contains several provisions where the legal mechanics may produce outcomes that are not immediately obvious. Practitioners should note the following points and the specific sections they derive from.
Automatic vesting without conveyance, and duty exemption: Property formerly vested in trustees for the Church or a congregation is divested and vested in the Trust automatically on assent without any conveyance (s 42(1)-(2)). That vesting is declared not to be a dutiable transaction under the Duties Act 1997 (s 42(5)), and ancillary instruments effecting the vesting are similarly exempt (s 42(6)). Practical implication: title transfers occur by statute; conveyancing formalities may be unnecessary, but registration of dealings and third party advice should be sought because encumbrances and leases remain (s 42(3)).
Congregational reimbursement power can be exercised by the Trust without separate congregation approval: If the Trust has lawfully incurred an outstanding liability on behalf of a congregation and the congregation has not paid in a timely manner, the Trust may mortgage or sell congregational trust property to be reimbursed and to meet interest and costs, and must hold any residue for the congregation (s 26). Practical implication: congregational property can be encumbered to satisfy Trust liabilities if reimbursement is outstanding; congregations should monitor liabilities and payments closely.
Direction vs. statutory power tension: The Trust must exercise functions over congregational trust property in accordance with congregational directions (s 18(2)), and congregations may impose conditions on ministries’ use of such property (s 18(3)). Yet s 26 permits the Trust to mortgage or sell congregational trust property to recover outstanding liabilities. These provisions can pull in different directions where a congregation directs one outcome but the Trust has incurred liabilities or believes sale is necessary; the Act does not set out an express conflict-resolution hierarchy beyond stating both provisions. Practitioners should treat this as an area of implementation risk.
Religious adherence tests for some appointees: The Act requires committee of management representatives and Board-appointed members to be, in the opinion of the Board, committed adherents of Christian evangelical doctrines (ss 10(4), 11(3)). Practical implication: the Board has a subjective gatekeeping power on religious belief for these categories, which affects eligibility and may raise human rights or discrimination considerations in other contexts.
Majority and appointment constraint: The Board may appoint additional members at an annual meeting provided that after those appointments congregational representatives remain the majority (s 5(2)). Practical implication: while the Board can bring in skills or non-congregation appointees, there is an explicit structural cap to preserve congregational majority.
High thresholds for property conveyance in union schemes: Conveyance of general trust property connected with union requires each congregation to approve by at least 75% affirmative vote of members (s 24(4)); conveyance of congregational trust property requires a 75% affirmative vote of all members of the congregation (s 24(5)). Practical implication: major disposals or unions require very high levels of member support, which can impede rapid transactions.
Delegation limits and rule-making monopoly: The Trust may delegate functions by resolution, but not the power of delegation or the power to make Trust rules (s 19). Practically, the Trust must retain core governance functions and cannot permanently delegate the structural rule-making capacity.
Publication and inspection requirements are mandatory but carry no express fines: The Trust must publish multiple items on the Church website and provide inspection rights at no cost (ss 29-30, 32). The Act does not impose express penalties for failing to publish, leaving enforcement to trust law remedies; trustees should not assume omission will be administratively harmless.
Minutes and meeting quorum rules: Quorum for Board meetings is a majority of members (s 7(2)); the Chair has a casting vote (s 8(6)). Absence from three consecutive meetings without leave results in vacation of office (s 13(e)). Practically, governance will be sensitive to attendance and to proper minute-keeping as required by s 27 and s 31.
Investment pooling and apportionment of returns and losses: The Trust may invest funds held for different purposes as one fund and must apportion income and losses rateably among the purposes or activities (s 22(2)-(4)). Practical implication: pooled investments create interdependence among funds; congregations should understand apportionment rules.
Continuity of proceedings and liabilities: Proceedings against former trustees are taken to be proceedings by or against the Trust following vesting (s 42(7)(c)). Time already commenced for former trustees continues to run in relation to the Trust (s 42(7)(f)). Practically, vesting does not extinguish pending legal claims or statutory limitation effects.
These are concrete operational points derived from the Act’s text that affect legal risk, governance design and transactional mechanics.
How to comply
Complying with the Act requires concrete steps by the Trust, Board, committees of management and each congregation. The following is an operational checklist tied to the statutory provisions.
Accept statutory vesting and update records
Record all property vested in the Trust under s 42 and update title and registry records as appropriate while recognising that conveyance is not required for vesting (s 42(1)-(2)); nevertheless consider registering the Trust’s interest or notifying relevant land registries to align public records with statutory vesting.
Note that existing encumbrances, mortgages, leases and trusts continue to affect property (s 42(3)).
Establish Board governance and election cycles
Convene initial Board membership as provided by s 12 until the first elections have taken place.
Ensure annual meetings for congregations, committees of management and the Board take place within the specified window relative to the anniversary of the first annual meetings as required (ss 9-11(1)).
Apply the Board composition rules, ensuring congregational representatives are the majority after appointments (s 5(1)-(2)).
Draft, adopt and publish Trust rules and congregational rules
Prepare Trust rules that cover all minimum matters listed in s 27(2), including delegation, recognition procedures for congregations and ministries, appointment procedures, meeting procedures and minute-keeping requirements.
Prepare congregational rules addressing the matters set out in s 45(2), including procedures for meetings, election mechanics for congregational representatives and disclosure of pecuniary interests consistent with s 15.
Make Trust rules and congregational rules publicly available at no cost and publish them on the Church website as required by ss 29 and 47; ensure s 30 items are published on the website.
Implement meeting and minute procedures
Hold Board meetings at least once every three months (s 7(3)) and ensure quorum is a majority of members (s 7(2)).
Elect a Chair annually, and ensure the Chair presides or that an acting presiding member is elected if absent (s 8).
Keep detailed minutes and records of motions, amendments, names of movers and seconders and resolutions, and provide these minutes to members of the Board on request (s 27(2)(f)(vi) and s 31).
Financial controls, accounting and audit
Maintain accounting records that correctly record and explain financial transactions and position (s 33).
Prepare financial statements giving a true and fair view as soon as practicable after each financial year (s 34).
Arrange audits in accordance with Australian Auditing Standards and ensure the auditor’s report comments on whether necessary records to enable preparation in accordance with Australian Accounting Standards have been kept (s 35).
Make audited financial reports available to members of the Church at no cost and publish details of where they can be inspected (ss 30(d), 35(3)).
Transparency and records access
Publish on the Church website: Board members and contact details, places of business, locations for inspection of minutes and financial statements, records of delegations, Trust rules, congregational rules, and a list of congregations and ministries (s 30).
Ensure minutes and records of Board resolutions are made available for inspection by congregation members at no cost (s 32).
Conflicts of interest and pecuniary disclosures
Adopt procedures that implement s 15: require prompt disclosure of direct or indirect pecuniary interests at Board meetings and remove members from deliberations and voting on affected matters.
Mirror this disclosure regime in congregational rules (s 45(2)(vii)).
Delegation and appointments
Use the Trust’s statutory power to delegate functions only by resolution and not to delegate the power to make Trust rules or the power of delegation itself (s 19).
For committee of management representatives and Board-appointed members, ensure the Board forms an opinion on adherence to Christian evangelical doctrines before appointment as required by ss 10(4) and 11(3).
Fill casual vacancies in accordance with the procedures established by congregational rules or Trust rules as applicable (s 14).
Manage congregational directions and financial liability exposure
Where congregations give directions about congregational trust property, document the resolutions properly under congregational rules as required to make directions valid under s 18(4).
Monitor and record liabilities incurred by the Trust on behalf of congregations to avoid unexpected application of s 26. If the Trust lawfully pays liabilities on behalf of a congregation and timely reimbursement is not received, exercise s 26 procedures for mortgage or sale only after documenting the outstanding liability and the attempts to obtain timely reimbursement.
Transactions for union or co-operation; approvals
For schemes of co-operation involving general trust property, document Trust-determined terms and application of proceeds (s 23).
For conveyance connected with union, secure the required 75% affirmative votes of members of each congregation for general trust property disposals or 75% of all members of the relevant congregation for disposals of congregational trust property (s 24(4)-(5)).
Execution of documents and agent appointments
Keep the common seal with the Chair and apply the formalities for affixing it in the presence of at least two Board members and with attestation signatures (s 37).
Use written authorisations under seal to appoint agents or attorneys to execute deeds on the Trust’s behalf where appropriate (s 39).
Regulatory and transitional compliance
Watch for regulations made under s 48 and any savings/transitional regulations under s 49 that may affect timing or procedural requirements.
Maintain records of pre-assent transactions and ongoing proceedings transferred by s 42(7), and ensure continuity in defending or pursuing legal rights.
Professional advice and record-keeping
Engage legal, property, accounting and tax advisers to address registration, stamp duty, taxation, and trust law issues notwithstanding the non-dutiability statement in s 42(5), because other tax or reporting obligations may still attach.
Retain contemporaneous minutes evidencing the giving of directions, decision-making rationales, and steps taken to obtain congregational approvals required under the Act.
Following this checklist should ensure statutory compliance. For ambiguities where the Act creates tension between congregational direction and the Trust’s protective powers (for example between ss 18 and 26), obtain legal advice and document decisions carefully to reduce litigation and fiduciary risk.
committee of management representative, in relation to a committee of management, means a member of the committee of management who is elected as a member of the Board at a meeting of members of the committee of management under section 10.
congregation means:
(a) a constituent part of the Church that is established by the Church from time to time for the purpose of providing for the worship of God, religious education and other church activities and that the Trust has recognised as a congregation, or
(b) an assembly of persons of any church affiliated with the Church from time to time (whether or not established by the Church) that the Trust has recognised as a congregation.
congregational representative, in relation to a congregation, means a member of the congregation who is elected as a member of the Board at a meeting of the congregation under section 9.
congregational rules, in relation to a congregation, means the rules made by the congregation under section 45, as in force from time to time.
congregational trust property means property vested in the Trust by or under section 42 (2) or 44 or otherwise held by the Trust on behalf of a particular congregation (whether under section 18 or otherwise).
conveyance includes transfer, assignment and assurance.
function includes a power, authority or duty and exercise a function includes perform a duty.
general trust property means property vested in the Trust by or under section 42 (1) or 43 or otherwise held by the Trust on behalf of the Church (and not on behalf of a particular congregation) (whether under section 17 or otherwise).
ministry means an activity that is a constituent part of the Church (other than a congregation) as established from time to time that the Trust has recognised as a ministry.
Trust means the Hunters Hill Congregational Church Property Trust constituted by this Act.
Trust rules means the rules made by the Trust under section 27, as in force from time to time.
(2) Notes included in this Act do not form part of this Act.
Part 2 Hunters Hill Congregational Church Property Trust
Part 2 Hunters Hill Congregational Church Property Trust
Part 2 Hunters Hill Congregational Church Property Trust
Division 1 Constitution of Trust
Division 1 Constitution of Trust
Division 1 Constitution of Trust
4 Constitution of Trust
4 Constitution of Trust
4 Constitution of Trust
There is constituted by this Act a corporation with the corporate name of the Hunters Hill Congregational Church Property Trust.
5 Board of Trust
5 Board of Trust
5 Board of Trust
(1) The Trust is to have a Board comprising the following members:
(a) 2 congregational representatives from each congregation that has between 10 and 14 members (at the time of the election of the representatives),
(b) 3 congregational representatives from each congregation that has 15 or more members (at the time of the election of the representatives),
(c) 1 committee of management representative for each committee of management, being a representative approved by the remainder of the Board.
(2) The Board may appoint additional members at an annual meeting of the Board, provided that, after the appointment of those additional members, the majority of Board members are congregational representatives.
(3) A person elected as a congregational representative for a congregation must be a member of that congregation.
(4) A person elected as a committee of management representative for a committee of management must be a member of that committee of management.
6 Board is to conduct affairs of Trust
6 Board is to conduct affairs of Trust
6 Board is to conduct affairs of Trust
The Board is to conduct the affairs of the Trust, and anything done by, or with the authority of, the Board is taken to have been done by the Trust.
Division 2 Procedure of Board
Division 2 Procedure of Board
Division 2 Procedure of Board
7 Procedure of Board
7 Procedure of Board
7 Procedure of Board
(1) The procedure of the Board is to be in accordance with the Trust rules, subject to this Act.
(2) The quorum for a meeting of the Board is a majority of the members of the Board.
(3) The Board is to meet at least once every 3 months.
8 Chairperson
8 Chairperson
8 Chairperson
(1) The members of the Board are to elect one member as Chairperson of the Board.
(2) The Chairperson holds office as Chairperson for a period of 12 months but is eligible (if otherwise qualified) for re-election.
(3) If the Chairperson ceases to be a member of the Board or resigns office as Chairperson, the members of the Board are to elect some other member to be Chairperson.
(4) The Chairperson is to preside at a meeting of the Board.
(5) In the absence of the Chairperson from a meeting, the members of the Board who are present at a meeting of the Board are to elect one of their number who is to preside at that meeting.
(6) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.
Division 3 Election and appointment of members of Board
Division 3 Election and appointment of members of Board
Division 3 Election and appointment of members of Board
9 Election of congregational representatives
9 Election of congregational representatives
9 Election of congregational representatives
(1) An annual meeting of each congregation with 10 or more members is to be held in each year not earlier than one month before and not later than one month after the anniversary of the first annual meeting of the congregation held for the purposes of this Act.
(2) The meeting is to be called and conducted in accordance with the congregational rules of the congregation.
(3) At each such annual meeting, congregational representatives are to be elected to fill positions on the Board to be held by congregational representatives of the congregation.
(4) A congregational representative elected at an annual meeting of the congregation, or elected to fill a casual vacancy, holds office until the end of the next annual meeting of the congregation.
10 Election of committee of management representative
10 Election of committee of management representative
10 Election of committee of management representative
(1) An annual meeting of each committee of management is to be held in each year not earlier than one month before and not later than one month after the anniversary of the first annual meeting of the committee held for the purposes of this Act.
(2) The meeting is to be called and conducted in accordance with the Trust rules.
(3) At each such annual meeting, a committee of management representative is to be elected to fill the position on the Board to be held by the committee of management representative for the committee.
(4) A person cannot be elected as a committee of management representative unless, in the opinion of the Board, the person is a committed adherent of Christian evangelical doctrines.
(5) A committee of management representative elected at an annual meeting of the committee of management, or elected to fill a casual vacancy, holds office until the end of the next annual meeting of the committee of management.
11 Appointment of Board-appointed members
11 Appointment of Board-appointed members
11 Appointment of Board-appointed members
(1) An annual meeting of the Board is to be held in each year not earlier than one month before and not later than one month after the anniversary of the first annual meeting of the Board held for the purposes of this Act.
(2) The meeting is to be called and conducted in accordance with the Trust rules.
(3) A person cannot be appointed as a member of the Board by the Board unless, in the opinion of the Board, the person is a committed adherent of Christian evangelical doctrines.
(4) A Board-appointed member appointed at an annual meeting of the Board holds office until the end of the next annual meeting of the Board.
12 Initial members of Board
12 Initial members of Board
12 Initial members of Board
Until all of the first elections required by this Division are held, the members of the Board are to be the persons holding office as trustees for the purposes of the Hunters Hill Congregational Church Act 1977 immediately before its repeal by this Act (being the persons in whom, immediately before the date of assent to this Act, property was vested in trust for the Church).
Division 4 Members of Board
Division 4 Members of Board
Division 4 Members of Board
13 Vacation of office of Board members
13 Vacation of office of Board members
13 Vacation of office of Board members
A member of the Board is taken to have vacated office if the member:
(a) dies, or
(b) resigns the office by notice in writing to the Board and the Board resolves to accept the resignation, or
(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or
(d) becomes a mentally incapacitated person, or
(e) is absent from 3 consecutive meetings of the Board, notice of which has been given to the member, without prior leave of absence having been granted by the Board, or
(f) in the case of a congregational representative for a particular congregation:
(i) is removed from office by resolution of the congregation, but only if an opportunity has been given to the member to address the meeting of the congregation at which the resolution is considered before the resolution is made, being a meeting conducted in accordance with the congregational rules of the congregation, or
(ii) ceases to be a member of the congregation, or
(g) in the case of a committee of management representative for a particular committee of management:
(i) is removed from office by resolution of a meeting of the committee of management, but only if an opportunity has been given to the member to address the meeting of the committee at which the resolution is considered before the resolution is made, being a meeting conducted in accordance with the Trust rules, or
(ii) ceases to be a member of the committee of management, or
(h) in the case of a Board-appointed member—is removed from office by resolution of the Board, but only if an opportunity has been given to the member to address the meeting of the Board at which the resolution is considered before the resolution is made, being a meeting conducted in accordance with the Trust rules, or
(i) is removed from office by or pursuant to the Trust rules.
14 Filling of casual vacancies on Board
14 Filling of casual vacancies on Board
14 Filling of casual vacancies on Board
If a casual vacancy occurs in the office of a Board member, a person is to be appointed to fill the vacancy for the remainder of the relevant term of office in accordance with the following procedures:
(a) in the case of a congregational representative for a congregation—the procedures established by the congregational rules of the congregation,
(b) in the case of a committee of management representative—the procedures established by the Trust rules,
(c) in the case of a Board-appointed member—the procedures established by the Trust rules.
15 Disclosure of pecuniary interests
15 Disclosure of pecuniary interests
15 Disclosure of pecuniary interests
(1) If:
(a) a member of the Board has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of the Board, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Board.
(2) A disclosure by a member of the Board at a meeting of the Board that the member:
(a) is a member, or is in the employment, of a specified company or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter relating to that company or other body or to that person that may arise after the date of the disclosure and that is required to be disclosed under subsection (1).
(3) After a member of the Board has disclosed the nature of an interest in any matter, the member must not:
(a) be present during any deliberation of the Board with respect to the matter, or
(b) take part in any decision of the Board with respect to the matter.
Division 5 Functions of Trust
Division 5 Functions of Trust
Division 5 Functions of Trust
16 Purpose of trust imposed by this Act
16 Purpose of trust imposed by this Act
16 Purpose of trust imposed by this Act
(1) The purpose of the trust under which the Trust holds general trust property is to hold property vested in it or acquired by it in trust for the Church and on any other trust affecting the property.
(2) The purpose of the trust under which the Trust holds congregational trust property is to hold property vested in it or acquired by it in trust
This is an opening excerpt, not the complete document.