5Constitution and appointment of members

5 Constitution and appointment of members

5 Constitution and appointment of members

(1) There is hereby constituted a corporation under the name of “Lutheran Church of Australia (New South Wales District) Property Trust” which shall, subject to this Act, consist of 5 members, of whom:

(a) 2 shall be appointed by the Church Council from among its members, and

(b) 3 shall be members of the Lutheran Church of Australia appointed by the Synod who may be, but shall not necessarily be, members of the Church Council.

(2) Subject to this Act, Keith Otto Douglas Nagel and Robert Paul Hamann, who shall be deemed to be appointed by the Church Council, and Milton Gerald Briese, William Frederick Meeske and Carl Albin Dohler, who shall be deemed to be appointed by the Synod, shall be deemed to have been duly appointed as members of the Trust to hold office until the end of the ordinary convention of the Synod next succeeding the appointed day and, if otherwise qualified, shall be eligible for re-appointment as members of the Trust.

(3) The Church Council and Synod shall appoint members of the Trust during each period in which an ordinary convention of the Synod is held after the appointed day.

(4) Subject to this Act, the members of the Trust appointed pursuant to subsection (3) during the period in which an ordinary convention of the Synod is held after the appointed day:

(a) shall take office as members of the Trust immediately after the end of that convention,

(b) shall hold office as members of the Trust until the end of the next succeeding ordinary convention of the Synod, and

(c) if otherwise qualified, shall be eligible for re-appointment as members of the Trust.

(5) Should any person specified in subsection (2) not be living on the appointed day, a casual vacancy shall be deemed to have arisen in the office to which he would have been appointed pursuant to that subsection had he been living on that day.