Hunters Hill Congregational Church Property Trust Act 2013
18Functions of Trust in relation to congregational trust property
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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.