Roman Catholic Church (Incorporation of Church Entities) Act 1994 (Queensland)

Roman Catholic Church (Incorporation of Church Entities) Act 1994 (Queensland) | Zoe

Deep Dive

7,095 words · generated 04/07/2026

What it does

This Act creates a statutory framework for incorporating Roman Catholic Church bodies in Queensland, gives them corporate personality, provides mechanisms to transfer assets and liabilities into those corporations, and sets rules about their powers, records and interactions with third parties. Mechanically, it:

Establishes a single statutory corporation that represents the bishops, the Corporation of the Roman Catholic Bishops of Queensland, with perpetual succession, a seal and capacity to sue and be sued (secs 5-8).
Allows a bishop or the Corporation of the Bishops to request incorporation of a church entity (diocese, religious institute, juridical person, office-holder(s) under canon law, or an associated entity) by applying to the chief executive in an approved form and, where relevant, with written consent from the institute’s or public juridical person’s competent authority and statements specifying assets that will vest (s 9). The chief executive issues the certificate of incorporation if satisfied (s 10).
Provides a separate route to put existing incorporated associations (under the Associations Incorporation Act 1981 , the AI Act) or historical RECI Act corporations onto this Act’s footing (pts 4 and 5, especially ss 14, 16-17). On issue of a certificate under this Act, AI Act incorporation ceases for the entity (s 23); letters patent under the RECI Act are cancelled (s 24), but the Act preserves legal identity, rights, liabilities and exemptions (s 21).
Makes incorporated church entities have the legal capacity and powers of an individual in performing their objects or functions (s 25), including cross-border capacity (s 25(3)), and abolishes the application of the ultra vires doctrine to their dealings (secs 26-28).
Provides specific trust and trustee rules when incorporated church entities hold property for unincorporated juridical persons (s 25A), permits trustees that are incorporated church entities to vary charitable trust purposes (s 25B) and to pool trust monies for investment (s 25C), with specified limitations and recordkeeping requirements (ss 25A-25C).
Regulates change of name and dissolution: name changes require written consent from the relevant bishop or the Corporation of the Bishops and an approved application to the chief executive (s 29), and dissolution requires satisfaction that it accords with canon law and specification of the successor entity to whom assets and liabilities will vest; vesting occurs by gazette notice without transfer (ss 33-34). For name changes and vesting of land interests no registration fee is payable (ss 32, 35).
Requires the chief executive and the Corporation of the Bishops to keep public registers and to make requests, constituent documents and certificates available for inspection without fee (ss 36-37). The Corporation of the Bishops must notify its Brisbane address by gazette (s 37).
Confers administrative discretions and formalities to the chief executive (issuing and replacing certificates, granting name changes, publishing gazette notices) and permits delegation to departmental officers (ss 8, 10, 17, 41, 42). The Governor in Council may make regulations, including exemptions of an incorporated church entity from provisions of other Acts (s 43).

The Act repeatedly locates interpretive authority for canon law matters with church authorities who ordinarily decide them (s 4). It also places limits on who may bring proceedings alleging breaches of internal restrictions on powers: those matters may be asserted only by the Corporation of the Bishops or with its written authority (s 27(7)). Taken together, the text creates statutory corporate forms for Church entities, preserves canon-law governance for internal matters, and insulates third parties who deal with incorporated church entities from challenges based on internal non-compliance, subject to narrow exceptions.

Main concepts

The Act interweaves civil corporate law concepts with canon-law identity and internal governance. Core concepts, directly grounded in the statutory language, are:

Church entity (s 3): broadly defined to capture dioceses, archdioceses, trustees of dioceses, religious institutes, juridical persons under canon law, office-holders under canon law, and associated entities. The statutory definition is hierarchical and inclusive , an associated entity can itself be a church entity (s 3 definitions).
Incorporated church entity (s 3): an entity created under this Act, or an AI Act or RECI Act corporation established under this Act; includes the Corporation of the Bishops and (for part 5) AI Act or RECI Act corporations not established under the Act. The definition ensures coverage of both newly incorporated bodies and pre-existing corporate forms once established under this Act (see pts 3-4).
Canon law and competent authority (s 3 and s 4): the Act requires that canon law be interpreted and applied in a manner consistent with decisions of church authorities who ordinarily decide those matters (s 4). For religious institutes and public juridical persons, the Act requires consent from the competent authority who has jurisdiction for the State before bishops or the Corporation of the Bishops may request incorporation, establishment or dissolution (ss 9(2A), 16(2A), 33(3)).
Certificate of incorporation and chief executive role (ss 8, 10, 17, 41): the chief executive is the administrative gatekeeper who issues certificates of incorporation for the Corporation of the Bishops and for church entities on satisfying statutory preconditions. The chief executive can issue replacement certificates if a bishop or the Corporation of the Bishops certifies loss of the original (s 41).
Vesting and transfer mechanics (ss 11A-11B, 34): when a church entity is incorporated under the Act, its assets vest in the new corporation (s 11A), rights and liabilities pass to the corporation and proceedings may continue against the corporation (s 11B). On dissolution under s 34 the chief executive may vest assets and liabilities in a successor entity by gazette notice, without transfer; asset vesting remains subject to existing debts, liabilities, trusts or obligations (s 34(2)-(3)).
Legal capacity and abolition of ultra vires (ss 25-28): incorporated church entities have the legal capacity of an individual and broad powers for performing objects or functions (s 25). The Act abolishes application of the ultra vires doctrine to these bodies (s 26), while recognising internal restrictions in constituent documents and canon law , contraventions do not invalidate acts and may only be relied on by the Corporation of the Bishops or with its authority (s 27).

Who it affects

The Act names decision-makers, corporate actors and third parties and prescribes who must act and who stands to gain or bear compliance responsibilities.

Primary institutional actors

Bishops: A bishop may request incorporation, establishment under this Act of existing church corporations, name-change approvals, and dissolution of incorporated church entities functioning in the bishop’s diocese or archdiocese (ss 9(1), 16(1), 29(2), 33(1)). The Act therefore places initiation power with the diocesan bishop for entities operating in his or her jurisdiction.
Corporation of the Roman Catholic Bishops of Queensland (the Corporation of the Bishops): Statutorily established (s 5) and composed of persons holding appointment as bishops (s 6). It may also request incorporations and establishment of existing corporations (s 9(2), s 16(2)), must receive certificates of incorporation and replacement certificates (ss 8, 10, 17, 41), keep registers and constituent documents at its Brisbane office (s 37) and is the only body expressly empowered to assert or rely on alleged contraventions of restrictions on powers in most circumstances (s 27(7)).
Chief executive (a public official within the relevant department): Responsible for issuing certificates of incorporation, replacement certificates, amending or reissuing certificates on name change, and giving gazette notices in dissolution (ss 8, 10, 17, 29, 34, 41). The chief executive’s role is administrative and discretionary in the statute (e.g. "must issue" once satisfied under ss 8, 10; "may grant" name changes s 29(5); "may, by gazette notice" dissolve s 34(1)).
Competent authorities under canon law: For religious institutes and public juridical persons, their competent authorities who have jurisdiction for the State must give written consent before the bishop or the Corporation of the Bishops requests incorporation, establishment or dissolution (ss 9(2A), 16(2A), 33(3)). This embeds internal church consent into the statutory process.
Incorporated church entities: diocese, archdiocese, trustees, religious institutes, juridical persons, office-holders under canon law and associated entities, either newly incorporated under this Act or existing AI Act/RECI Act corporations brought under it (s 3 definitions; ss 14-17).
Officers and employees of incorporated church entities: The statutory definition of "officer" includes persons who constitute the entity under canon law and employees (s 3). The Act sets out the legal effects of their acts done in the corporation’s name (ss 13, 20) and prescribes limited personal liability rules for trustees (s 25A(4)).

Key duties and rights

The statute creates a mixture of rights for incorporated church entities and duties for bishops, the Corporation of the Bishops, the chief executive and trustees. Key statutory duties and rights are:

Rights and capacities of incorporated church entities

Legal capacity and powers: Every incorporated church entity has "all the powers, and the legal capacity, of an individual" when performing its objects or functions and may exercise those powers inside and outside Queensland and Australia (s 25(1)-(3)). The Act gives examples such as entering contracts, acquiring and disposing of property, investing money (s 25(2)).
Continuity of rights and liabilities: On incorporation, rights and liabilities of the pre-existing church entity become rights and liabilities of the corporation; unfinished legal proceedings may be continued against the corporation (s 11B). For existing church corporations established under the part, the corporation continues with the same name and constitution and its legal personality, rights, liabilities and exemptions are not affected (s 17(2); s 21).
Trustee powers and protections: An incorporated church entity holding property on trust for an unincorporated juridical person holds the property on trust for the specified purpose or the religious, educational and charitable purposes if no purpose is specified (s 25A(1)-(2)). The trustee may exercise powers under s 25 as trustee and, in proceedings against a trustee, liability is limited to the value of the trust property and related transactions unless the trustee acted fraudulently (s 25A(4)-(5)). The trustee must, on request, make available a written certificate (executed by seal or authorised signature) recording the trust holding and related details (s 25A(6)-(8)).
Flexibility for charitable trusts: An incorporated church entity acting as trustee may, by resolution, vary the charitable purpose of a trust in specified circumstances (original purpose fulfilled, cannot be carried out, or does not provide community or religious benefit) to a related charitable purpose or, if impracticable, to another charitable purpose connected to the church (s 25B(1)-(2)). The trustee must make a copy of the resolution available on request (s 25B(3)).
Pooling of trust investments: Where the trustee holds money under more than one trust, and subject to express contrary provisions, the trustee may pool the money into one investment fund and must distribute income or losses rateably among the trusts (s 25C).

Duties and procedural requirements

Penalties and enforcement

The Act does not establish criminal penalties or civil fines for most contraventions; instead it relies on procedural, administrative and limited civil enforcement mechanisms. The statutory design foregrounds preservation of third-party legal certainty and internal canonical control rather than punitive measures. Key enforcement and penalty-related features are:

Absence of criminal sanctions for internal contraventions

Section 27 states expressly that an entity or officer does not commit an offence merely because of a contravention of the restrictions under s 27(2)-(4). The Act thereby removes criminal liability for contraventions of constituent document or canon-law restrictions, at least insofar as they are described in that section.

Limitation on who may rely on internal non-compliance

The Act restricts the right to assert or rely upon contraventions of internal restrictions to proceedings brought by the Corporation of the Bishops or with the written authority of the Corporation under its seal (s 27(7)). That procedural restriction effectively concentrates enforcement of internal governance rules in the hands of the bishops’ corporate body.

Protection of third parties and presumptions

Persons dealing with incorporated church entities may assume the Act, constituent documents and canon law have been complied with, the authority of officers, the genuineness of documents and seals, and that officers have performed duties properly; the entity’s contrary assertions must be disregarded in proceedings unless the person had actual knowledge or, by their relationship, ought to have known otherwise (s 28(1)-(5)). This provision protects third parties from retrospective challenges to transactions on internal grounds and reduces litigation risk for bona fide acquirers.

Continuity of legal proceedings and asset vesting

On incorporation, rights and liabilities pass to the corporation and existing legal proceedings may continue against or by the corporation (s 11B). For existing church corporations established under this part, the Act declares that establishment does not affect legal personality or make proceedings defective (s 21). For dissolution, vesting of assets and liabilities in a successor entity occurs by gazette notice without transfer (s 34), and assets remain subject to existing debts, liabilities, trusts and obligations (s 34(2)-(3)). These rules reduce procedural disputes about transfers and successors.

How it interacts with other laws

The Act cross-references and interacts with several other legal regimes. The statute both supersedes and preserves aspects of pre-existing legal statuses and links to property and trust law. The interactions are statutory and procedural, rather than doctrinal. Principal statutory interactions are:

Associations Incorporation Act 1981 (AI Act) and RECI Act

The Act expressly contemplates AI Act corporations and RECI Act corporations made up of church entities and provides a process to establish those existing corporations under this Act (ss 14-17). Section 23 provides that on the issue of a certificate of incorporation under this Act for an AI Act corporation, the corporation ceases to be an incorporated association under the AI Act and the AI Act certificate is cancelled. Section 24 cancels letters patent issued under the RECI Act on the issue of a certificate under this Act. Despite those cancellations, the Act declares that establishment under this part does not affect the corporation’s legal personality, rights, liabilities, exemptions and benefits enjoyed because of prior incorporation under the AI Act or RECI Act (s 21). This preserves substantive legal effects that existed pre-transfer, even though the formal basis of incorporation changes.

Property Law and land registration

The Act contains specific provisions about vesting of interests in land and recording of changes: where an incorporated church entity’s name changes, or where vesting of land interests occurs on dissolution, no fee is payable for recording those matters by the public official or authority responsible for registering land or interests in land (ss 32, 35). The trustee certificate provisions in s 25A are framed to provide compliance with the Property Law Act 2023 s 8(2) , a written certificate issued by the trustee that complies with s 25A(7) is sufficient compliance with that provision (s 25A(6)). This creates a directly referenced link to the Property Law Act’s documentary proof requirements.

Canon law

The Act repeatedly defers to canon law for internal governance and requires canon law interpretation be consistent with decisions of the church authorities who ordinarily decide those matters (s 4). The Act requires written consent from the competent authority under canon law who has jurisdiction for the State before bishops or the Corporation of the Bishops may request incorporation, establishment or dissolution for certain categories of entities (ss 9(2A), 16(2A), 33(3)). This embeds internal church rules into the statutory processes and effectively makes certain statutory steps contingent on canon-law approval.

Amendment history

The statutory text bears multiple amendment notations. The source includes amendment markers which identify legislative changes and insertions. Grounded in the text provided, the chronological markers in the statute are:

1995 amendment: Section 33 shows an amendment reference "amd 1995 No. 57 s 4 sch 2". This indicates changes to the request-to-dissolve provisions were made in 1995, reflected in the current text of s 33.
1999 amendments: Numerous provisions were amended or inserted in 1999 under "No. 63 s 78 sch 2" or "s 79". Examples where the statute records 1999 insertions or amendments include the expanded definitions in s 3 (associated entity, canon law, competent authority, officer), changes to composition and application sections (ss 11, 13, 18, 20, 21, 27, 28) and the addition of procedural statements in pts 3-4. The marginal notes show "ins 1999 No. 63 s 79" and "amd 1999 No. 63 s 78 sch 2" at many points, signalling a significant consolidation or rework of definitions and powers in 1999.
2001 amendment: Section 40 is noted as omitted "s 40 om 2001 No. 45 s 29 sch 3", indicating s 40 was removed in 2001 by an amending Act (No. 45 s 29 sch 3 of 2001).
2013 amendments: "2013 No. 62 s 49-54" appear across the text. Notable 2013 insertions include s 9(3)(f) and the expanded consent requirements and references to public juridical persons (s 9(2AA), s 11A) and the additions of s 25A-25C (ins 2013 No. 62 s 52) which introduce trustee, charitable trust variation and pooling powers. s 19 and other sections were amended in 2013 as indicated. Also s 3 has a 2013 insertion for "public juridical person" (s 3 def public juridical person ins 2013 No. 62 s 48).
2023 amendment: Section 25A shows an amendment "amd 2023 No. 27 s 289 sch 3", indicating a 2023 amendment that links the trustee certificate requirement to the Property Law Act 2023 s 8(2) and adjusts liability and recordkeeping provisions.

The footnoted amendment markers show that the Act has been actively edited across decades to accommodate changes in canonical terminology (e.g. insertion of "public juridical person"), to add detailed trustee provisions and to align evidentiary requirements with modern property law statutes. The insertions in 2013 were substantive, creating a new block of trust-management provisions (ss 25A-25C). The 2023 amendment updates s 25A for compatibility with the Property Law Act 2023.

The Act’s internal marginal notes provide those amendment references; each marked insertion or amendment should be matched to the enabling amending Act (for example, 2013 No. 62 and 2023 No. 27). For a practitioner requiring legislative history in formal briefing or litigation, consult the consolidated Act and the specific amending Acts named in the marginal notes to trace exact textual changes, commencement dates and transitional provisions.

Litigation history

The source text provided contains no case citations, reported decisions, or judicial commentary. There are no named judgments or litigation outcomes referenced in the statutory text. Accordingly, from the source alone:

The Act as supplied does not record any litigation or judicial interpretation.
The statute’s provisions for continuity of proceedings (s 11B, s 21) and limitations on reliance upon internal contraventions (s 27(7)) are likely to be matters that could generate litigation, but the text includes no reported cases or references to defence of legal challenges.
No case law or court decisions are mentioned in the Act, and the insertions/ amendments noted in the marginal notes do not identify judicial prompts for amendment.

If a reader needs litigation history , judicial construction of the Act’s overlap with trust law, interpretation of s 27(7) (limiting who may assert contraventions), or characterisation of property vesting under s 11A and s 34 , further legal research is required outside this statutory text. That research would include searching Queensland court databases and consolidated legislative materials for reported decisions dealing with this Act, its interaction with the AI Act and the RECI Act, and disputes involving incorporations, trustee liabilities (particularly s 25A fraud exceptions), or the preservation of exemptions after transfer under s 21.

The statutory text does not invent or list cases. Practitioners should not infer judicial treatments from this source alone; identify and cite relevant decisions through a case law database search for complete litigation history.

Gotchas

The Act contains several technical rules and procedural traps that may catch practitioners and administrators unfamiliar with its interplay of canon law and statutory requirements. These "gotchas" are directly supported by the statutory text:

Canon-law consent is a statutory precondition in certain cases (ss 9(2A), 16(2A), 33(3)). Before a bishop or the Corporation of the Bishops may request incorporation, establishment or dissolution for a religious institute or a public juridical person (or their associated entities), written consent from the relevant competent authority for the State is mandatory and must accompany the request where required (ss 9(3)(f), 16(3)(d), 33(4)(f)). Failure to obtain or produce that written consent can prevent the chief executive from issuing a certificate or acting on the request.
Asset vesting for associated entities is limited to assets specifically stated (s 11A). When an associated entity is incorporated, only the assets listed in the required consent (for associated entities of religious institutes or public juridical persons) or stated in the bishop’s request (for other associated entities) vest in the corporation (s 11A(2)). Practically, this means that vague or incomplete asset statements will not automatically vest unspecified assets; clear asset lists are needed to effect the intended transfers.
The abolition of ultra vires does not make internal breaches irrelevant (ss 26-28). While acts contrary to constituent documents or canon law are not invalid merely because of the contravention (s 27(3)), the Act preserves a remedy: only the Corporation of the Bishops, or those with its written authority under its seal, may assert those contraventions in proceedings (s 27(7)). Therefore, third parties cannot generally rely on internal breaches to challenge transactions; but internal stakeholders may find their enforcement options limited unless they secure the Corporation’s involvement.
Officer actions are treated as the corporation’s acts and are generally valid even if the officer contravenes internal restrictions (ss 13, 27(4)-(5)). This benefits third parties but reduces internal disciplinary leverage in civil challenges, except for the Corporation’s reserved action.
Trustee liability cap with fraud exception (s 25A). Where an incorporated church entity is trustee for an unincorporated juridical person, statutory liability for trustee conduct in proceedings is limited to the trust property value and related transactions, but not where the trustee acted fraudulently (s 25A(4)-(5)). Practitioners must segregate fraudulent conduct claims from ordinary trustee liability claims and plan evidence accordingly.

How to comply

This section sets out a practical, stepwise compliance checklist tied to the statutory provisions. It is a procedural guide drawn from the Act’s text to assist bishops, competent authorities, church entity officers, trustees, the Corporation of the Bishops and administrative staff in meeting statutory requirements.

Identify the entity and its canonical status (s 3)
- Determine whether the entity is a diocese, archdiocese, trustees of a diocese/archdiocese, religious institute, juridical person, office-holders under canon law or an associated entity (s 3 definitions).
- For religious institutes and public juridical persons, identify the competent authority who has jurisdiction for the State (s 3 definitions; s 4 for canon-law interpretation).
Prepare the required canonical consent(s) (ss 9(2A)-(2AA), 16(2A), 33(3))
- If incorporation, establishment under this part, or dissolution involves a religious institute or a public juridical person (or their associated entities), obtain written consent to the making of the request from the institute’s or public juridical person’s competent authority with State jurisdiction.
- Ensure consent documents explicitly state any assets to vest where required (s 9(2B), s 11A(2)).
Complete the chief executive’s approved form and supporting documents (ss 9(3), 16(3), 33(4))
- Use the form approved by the chief executive for incorporation (s 9(3)), establishment of existing corporations under this part (s 16(3)), or dissolution (s 33(4)). Confirm current approved form with the department.
- Attach copies of constituent documents if readily available, certified as correct by the bishop or the Corporation of the Bishops as required (s 9(4), s 16(4)).
- For associated entities, include the asset statement required by the Act (s 9(3)(e), s 11A(2)).
For incorporation, make the request and obtain the certificate (ss 9-11, 10)
- Bishop or the Corporation of the Bishops makes the request to the chief executive in the approved form (s 9).
- On satisfaction that the statutory requirements are met, the chief executive will issue a certificate of incorporation and give it to the Corporation of the Bishops (s 10(1)-(4)). Ensure the Corporation’s receipt and file the certificate.
For existing AI Act or RECI Act corporations, follow the establishment route (pts 4, ss 16-17)

pt.1

Preliminary

sec.1

Short title

sec.1 Short title

This Act may be cited as the Roman Catholic Church (Incorporation of Church Entities) Act 1994 .

sec.2

Section sec.2

s 2 om 1999 No. 63 s 78 sch 2

sec.3

Definitions

sec.3 Definitions

In this Act— AI Act means the Associations Incorporation Act 1981 . AI Act corporation see section 14 (a) . associated entity means a discrete service, work, activity or part of— a diocese or archdiocese, or the trustees of a diocese or archdiocese, of the church; or a religious institute or the members of a religious institute; or a juridical person, or a juridical person’s competent authority; or 1 or more holders of an office of the church under canon law. s 3 def associated entity ins 1999 No. 63 s 79 (2) bishop means a person holding appointment as the bishop of a church diocese, or the archbishop of a church archdiocese, under canon law. s 3 def bishop amd 1999 No. 63 s 79 (3) canon law means the Code of Canon Law of the church and the statutes of juridical persons. s 3 def canon law ins 1999 No. 63 s 79 (2) church means the Roman Catholic Church. church entity means— a diocese or archdiocese, or the trustees of a diocese or archdiocese, of the church; or a religious institute or the members of a religious institute; or a juridical person, or a juridical person’s competent authority; or 1 or more holders of an office of the church under canon law; or an associated entity. s 3 def church entity amd 1999 No. 63 s 79 (4) Code of Canon Law ... s 3 def Code of Canon Law om 1999 No. 63 s 79 (1) competent authority , of a juridical person or religious institute, means the person’s or institute’s competent authority as decided under canon law. s 3 def competent authority ins 1999 No. 63 s 79 (2) constituent documents , for a church entity or an incorporated church entity, mean the constitution, rules, articles or other similar documents of the entity. Corporation of the Bishops means the Corporation of the Roman Catholic Bishops of Queensland. existing church corporation see section 15 . incorporated church entity means— an entity established under this Act; or an AI Act corporation established under this Act; or a RECI Act corporation established under this Act; and includes— the Corporation of the Bishops; and for part 5 —an AI Act corporation or RECI Act corporation that is not established under this Act. s 3 def incorporated church entity sub 1999 No. 63 s 79 (1) – (2) juridical person means a juridical person under canon law. s 3 def juridical person ins 1999 No. 63 s 79 (2) officer of an incorporated church entity includes— a person who constitutes the entity (whether alone or with others) under canon law; and an employee of the entity. s 3 def officer amd 1999 No. 63 s 79 (3) public juridical person means a juridical person that is a public juridical person under canon law. s 3 def public juridical person ins 2013 No. 62 s 48 RECI Act means the repealed Religious Educational and Charitable Institutions Act 1861 . The RECI Act was repealed by section 4 (now renumbered as section 144 ) of the Associations Incorporation Act 1981 . However, letters patent under the RECI Act were continued in force by the section. RECI Act corporation see section 14 (b) . religious institute means an Institute of Consecrated Life or a Society of Apostolic Life. s 3 def religious institute ins 1999 No. 63 s 79 (2)

(a) a diocese or archdiocese, or the trustees of a diocese or archdiocese, of the church; or
(b) a religious institute or the members of a religious institute; or
(c) a juridical person, or a juridical person’s competent authority; or
(d) 1 or more holders of an office of the church under canon law.
(a) a diocese or archdiocese, or the trustees of a diocese or archdiocese, of the church; or
(b) a religious institute or the members of a religious institute; or
(c) a juridical person, or a juridical person’s competent authority; or
(d) 1 or more holders of an office of the church under canon law; or
(e) an associated entity.
(a) an entity established under this Act; or
(b) an AI Act corporation established under this Act; or
(c) a RECI Act corporation established under this Act;
(d) the Corporation of the Bishops; and
(e) for part 5 —an AI Act corporation or RECI Act corporation that is not established under this Act.
(a) a person who constitutes the entity (whether alone or with others) under canon law; and
(b) an employee of the entity.

sec.4

Interpretation and application of canon law

sec.4 Interpretation and application of canon law

For the purpose of applying canon law to matters under this Act, canon law must be interpreted and applied in a way consistent with decisions about the matters by church authorities who ordinarily decide them. s 4 amd 1999 No. 63 s 80

pt.2

Establishment and composition of the Corporation of the Bishops

sec.5

Establishment of Corporation of Bishops

sec.5 Establishment of Corporation of Bishops

A corporation called the Corporation of the Roman Catholic Bishops of Queensland is established.

sec.6

Composition of corporation

sec.6 Composition of corporation

The Corporation of the Bishops consists of the persons for the time being holding appointment as bishop.

sec.7

Perpetual succession etc. of corporation

sec.7 Perpetual succession etc. of corporation

The Corporation of the Bishops— has perpetual succession; and has a seal; and may sue and be sued in its corporate name.

(a) has perpetual succession; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.

sec.8

Certificate of incorporation

sec.8 Certificate of incorporation

The chief executive must immediately issue a certificate of incorporation for the Corporation of the Bishops and give it to the person holding appointment as archbishop of Brisbane under the Code of Canon Law.

pt.3

Incorporation of church entities

sec.9

Request to incorporate church entity

sec.9 Request to incorporate church entity

A bishop may ask the chief executive to incorporate a church entity functioning in the bishop’s diocese or archdiocese. The Corporation of the Bishops may also ask the chief executive to incorporate a church entity. Before asking for incorporation of a religious institute or an associated entity of a religious institute, the bishop or Corporation of the Bishops must obtain written consent to the making of the request from the religious institute’s competent authority who has jurisdiction for the State. Before asking for incorporation of a public juridical person or an associated entity of a public juridical person, the bishop or Corporation of the Bishops must obtain written consent to the making of the request from the public juridical person’s competent authority who has jurisdiction for the State. If the request is for the incorporation of an associated entity of a religious institute or a public juridical person, the consent under subsection (2A) or (2AA) must state any assets that are to vest in the associated entity on its establishment as a corporation under this part. The request must— be in a form approved by the chief executive; and state the church entity; and state the entity is a church entity; and state the proposed name for the church entity; and if the request is for the incorporation of an associated entity, other than an associated entity of a religious institute or a public juridical person—state any assets that are to vest in the associated entity on its establishment as a corporation under this part; and if the request is for the incorporation of a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (2A) or (2AA) . If there are constituent documents for the church entity and these are readily available to the bishop or Corporation of the Bishops, a copy of the documents certified as correct by the bishop or corporation must accompany the request. s 9 amd 1999 No. 63 s 81 ; 2013 No. 62 s 49 (sec.9-ssec.1) A bishop may ask the chief executive to incorporate a church entity functioning in the bishop’s diocese or archdiocese. (sec.9-ssec.2) The Corporation of the Bishops may also ask the chief executive to incorporate a church entity. (sec.9-ssec.2A) Before asking for incorporation of a religious institute or an associated entity of a religious institute, the bishop or Corporation of the Bishops must obtain written consent to the making of the request from the religious institute’s competent authority who has jurisdiction for the State. (sec.9-ssec.2AA) Before asking for incorporation of a public juridical person or an associated entity of a public juridical person, the bishop or Corporation of the Bishops must obtain written consent to the making of the request from the public juridical person’s competent authority who has jurisdiction for the State. (sec.9-ssec.2B) If the request is for the incorporation of an associated entity of a religious institute or a public juridical person, the consent under subsection (2A) or (2AA) must state any assets that are to vest in the associated entity on its establishment as a corporation under this part. (sec.9-ssec.3) The request must— be in a form approved by the chief executive; and state the church entity; and state the entity is a church entity; and state the proposed name for the church entity; and if the request is for the incorporation of an associated entity, other than an associated entity of a religious institute or a public juridical person—state any assets that are to vest in the associated entity on its establishment as a corporation under this part; and if the request is for the incorporation of a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (2A) or (2AA) . (sec.9-ssec.4) If there are constituent documents for the church entity and these are readily available to the bishop or Corporation of the Bishops, a copy of the documents certified as correct by the bishop or corporation must accompany the request.

(a) be in a form approved by the chief executive; and
(b) state the church entity; and
(c) state the entity is a church entity; and
(d) state the proposed name for the church entity; and
(e) if the request is for the incorporation of an associated entity, other than an associated entity of a religious institute or a public juridical person—state any assets that are to vest in the associated entity on its establishment as a corporation under this part; and
(f) if the request is for the incorporation of a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (2A) or (2AA) .

sec.10

Certificate of incorporation

sec.10 Certificate of incorporation

If the chief executive receives a request under section 9 (Request to incorporate church entity) and is satisfied that the section has been complied with, the chief executive must issue a certificate of incorporation for the church entity. The church entity becomes a corporation established under this part on the issue of the certificate. The corporation has the name specified in the certificate. The chief executive must give the certificate to the Corporation of the Bishops. (sec.10-ssec.1) If the chief executive receives a request under section 9 (Request to incorporate church entity) and is satisfied that the section has been complied with, the chief executive must issue a certificate of incorporation for the church entity. (sec.10-ssec.2) The church entity becomes a corporation established under this part on the issue of the certificate. (sec.10-ssec.3) The corporation has the name specified in the certificate. (sec.10-ssec.4) The chief executive must give the certificate to the Corporation of the Bishops.

sec.11

Composition of corporation

sec.11 Composition of corporation

If persons constitute the church entity under canon law, the corporation consists of those persons. If the church entity consists of the holder of an office or the holders of offices, the corporation consists of the person or persons holding the office or offices from time to time. s 11 amd 1999 No. 63 s 78 sch 2 (sec.11-ssec.1) If persons constitute the church entity under canon law, the corporation consists of those persons. (sec.11-ssec.2) If the church entity consists of the holder of an office or the holders of offices, the corporation consists of the person or persons holding the office or offices from time to time.

sec.11A

Vesting of assets

sec.11A Vesting of assets

On the establishment of a church entity, other than an associated entity, as a corporation under this part, the church entity’s assets vest in the corporation. On the establishment of an associated entity as a corporation under this part, the following assets vest in the corporation— for an associated entity of a religious institute or a public juridical person—only the assets stated in the consent mentioned in section 9 (2A) or (2AA) ; for another associated entity—only the assets stated in the request under section 9 (3) (e) . s 11A ins 1999 No. 63 s 82 amd 2013 No. 62 s 50 (sec.11A-ssec.1) On the establishment of a church entity, other than an associated entity, as a corporation under this part, the church entity’s assets vest in the corporation. (sec.11A-ssec.2) On the establishment of an associated entity as a corporation under this part, the following assets vest in the corporation— for an associated entity of a religious institute or a public juridical person—only the assets stated in the consent mentioned in section 9 (2A) or (2AA) ; for another associated entity—only the assets stated in the request under section 9 (3) (e) .

(a) for an associated entity of a religious institute or a public juridical person—only the assets stated in the consent mentioned in section 9 (2A) or (2AA) ;
(b) for another associated entity—only the assets stated in the request under section 9 (3) (e) .

sec.11B

Transfer of rights and liabilities

sec.11B Transfer of rights and liabilities

On the establishment of a church entity as a corporation under this part— the rights and liabilities of the entity become the rights and liabilities of the corporation; and a legal proceeding by or against the entity that has not been finished before the establishment may be continued and finished by or against the corporation. s 11B ins 1999 No. 63 s 82

(a) the rights and liabilities of the entity become the rights and liabilities of the corporation; and
(b) a legal proceeding by or against the entity that has not been finished before the establishment may be continued and finished by or against the corporation.

sec.12

Seal etc. of corporation

sec.12 Seal etc. of corporation

The corporation— has a seal; and may sue and be sued in its corporate name. If the corporation has corporators, the corporation has perpetual succession. (sec.12-ssec.1) The corporation— has a seal; and may sue and be sued in its corporate name. (sec.12-ssec.2) If the corporation has corporators, the corporation has perpetual succession.

(a) has a seal; and
(b) may sue and be sued in its corporate name.

sec.13

Person acting for corporation

sec.13 Person acting for corporation

Anything done in the name of or for the corporation by a person who may act for the corporation under the corporation’s constituent documents or canon law is taken to have been done by the corporation. s 13 amd 1999 No. 63 s 78 sch 2

pt.4

Establishment under this part of certain church corporations established under other Acts

sec.14

Application of part

sec.14 Application of part

This part applies to— an incorporated association under the AI Act consisting of a church entity (an AI Act corporation ); or a corporation, established by letters patent, under the RECI Act consisting of a church entity (an RECI Act corporation ).

(a) an incorporated association under the AI Act consisting of a church entity (an AI Act corporation ); or
(b) a corporation, established by letters patent, under the RECI Act consisting of a church entity (an RECI Act corporation ).

sec.15

Meaning of existing church corporation

sec.15 Meaning of existing church corporation

In this part— existing church corporation means an AI Act corporation or a RECI Act corporation.

sec.16

Request to establish existing church corporation under this part

sec.16 Request to establish existing church corporation under this part

A bishop may ask the chief executive to establish, under this part, an existing church corporation functioning in the bishop’s diocese or archdiocese. The Corporation of the Bishops may also ask the chief executive to establish an existing church corporation under the part. However, if the existing church corporation is a religious institute or an associated entity of a religious institute, a request for establishment may be made only if the religious institute’s competent authority who has jurisdiction for the State has given written consent to the making of the request. However, if the existing church corporation is a public juridical person or an associated entity of a public juridical person, a request for establishment may be made only if the public juridical person’s competent authority who has jurisdiction for the State has given written consent to the making of the request. The consent must be given to the bishop or Corporation of the Bishops making the request. The request must— be in a form approved by the chief executive; and state the existing church corporation; and state whether the corporation is an AI Act or RECI Act corporation; and if the existing church corporation is a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (2A) or (2AA) . If there are constituent documents for the church entity which the corporation consists of and these are readily available to the bishop or Corporation of the Bishops, a copy of the documents certified as correct by the bishop or corporation must accompany the request. s 16 amd 1999 No. 63 s 83 ; 2013 No. 62 s 51 (sec.16-ssec.1) A bishop may ask the chief executive to establish, under this part, an existing church corporation functioning in the bishop’s diocese or archdiocese. (sec.16-ssec.2) The Corporation of the Bishops may also ask the chief executive to establish an existing church corporation under the part. (sec.16-ssec.2A) However, if the existing church corporation is a religious institute or an associated entity of a religious institute, a request for establishment may be made only if the religious institute’s competent authority who has jurisdiction for the State has given written consent to the making of the request. (sec.16-ssec.2AA) However, if the existing church corporation is a public juridical person or an associated entity of a public juridical person, a request for establishment may be made only if the public juridical person’s competent authority who has jurisdiction for the State has given written consent to the making of the request. (sec.16-ssec.2B) The consent must be given to the bishop or Corporation of the Bishops making the request. (sec.16-ssec.3) The request must— be in a form approved by the chief executive; and state the existing church corporation; and state whether the corporation is an AI Act or RECI Act corporation; and if the existing church corporation is a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (2A) or (2AA) . (sec.16-ssec.4) If there are constituent documents for the church entity which the corporation consists of and these are readily available to the bishop or Corporation of the Bishops, a copy of the documents certified as correct by the bishop or corporation must accompany the request.

(a) be in a form approved by the chief executive; and
(b) state the existing church corporation; and
(c) state whether the corporation is an AI Act or RECI Act corporation; and
(d) if the existing church corporation is a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (2A) or (2AA) .

sec.17

Certificate of incorporation under this Act

sec.17 Certificate of incorporation under this Act

If the chief executive receives a request under section 16 (Request to establish existing church corporation under this part) and is satisfied that the section has been complied with, the chief executive must issue a certificate of incorporation for the existing church corporation. On the issue of the certificate, the existing church corporation is established under this part as a corporation with the same name and constitution. The chief executive must give the certificate to the Corporation of the Bishops. (sec.17-ssec.1) If the chief executive receives a request under section 16 (Request to establish existing church corporation under this part) and is satisfied that the section has been complied with, the chief executive must issue a certificate of incorporation for the existing church corporation. (sec.17-ssec.2) On the issue of the certificate, the existing church corporation is established under this part as a corporation with the same name and constitution. (sec.17-ssec.3) The chief executive must give the certificate to the Corporation of the Bishops.

sec.18

Composition of corporation

sec.18 Composition of corporation

If, under canon law, persons constitute the church entity of which an existing church corporation established under this part consists, the corporation consists of those persons. If the church entity consists of the holder of an office or the holders of offices, the corporation consists of the person or persons holding the office or offices from time to time. s 18 amd 1999 No. 63 s 78 sch 2 (sec.18-ssec.1) If, under canon law, persons constitute the church entity of which an existing church corporation established under this part consists, the corporation consists of those persons. (sec.18-ssec.2) If the church entity consists of the holder of an office or the holders of offices, the corporation consists of the person or persons holding the office or offices from time to time.

sec.19

Seal etc. of existing church corporation

sec.19 Seal etc. of existing church corporation

An existing church corporation established under this part— has a seal; and may sue and be sued in its corporate name. If the corporation has corporators, the corporation has perpetual succession. (sec.19-ssec.1) An existing church corporation established under this part— has a seal; and may sue and be sued in its corporate name. (sec.19-ssec.2) If the corporation has corporators, the corporation has perpetual succession.

(a) has a seal; and
(b) may sue and be sued in its corporate name.

sec.20

Person acting for existing church corporation

sec.20 Person acting for existing church corporation

Anything done in the name of or for an existing church corporation established under this part by a person who may act for the corporation under the corporations’s constituent documents or canon law is taken to have been done by the corporation. s 20 amd 1999 No. 63 s 78 sch 2

sec.21

Establishment under this part does not affect legal personality etc.

sec.21 Establishment under this part does not affect legal personality etc.

The establishment of an existing church corporation under this part does not— affect the corporation’s legal personality or identity; or affect a right, entitlement or liability of the corporation or anyone else; or make legal proceedings by or against the corporation defective; or nullify any exemption given to, or benefit enjoyed by, the corporation because of its incorporation under the AI Act or the RECI Act. Without limiting subsection (1) , the establishment of the corporation under this part does not affect any right, entitlement, liability, exemption or benefit the corporation would have had or enjoyed apart from its establishment under this part. In addition, but without limiting subsection (1) , if a legal proceeding might have been continued or started by or against the existing church corporation before the establishment, it may be continued or started by or against it after the establishment. To remove doubt, it is declared that the assets held by the existing church corporation immediately before its establishment under this part become, on the establishment, the assets of the corporation established under this part. s 21 amd 1999 No. 63 s 84 (sec.21-ssec.1) The establishment of an existing church corporation under this part does not— affect the corporation’s legal personality or identity; or affect a right, entitlement or liability of the corporation or anyone else; or make legal proceedings by or against the corporation defective; or nullify any exemption given to, or benefit enjoyed by, the corporation because of its incorporation under the AI Act or the RECI Act. (sec.21-ssec.2) Without limiting subsection (1) , the establishment of the corporation under this part does not affect any right, entitlement, liability, exemption or benefit the corporation would have had or enjoyed apart from its establishment under this part. (sec.21-ssec.3) In addition, but without limiting subsection (1) , if a legal proceeding might have been continued or started by or against the existing church corporation before the establishment, it may be continued or started by or against it after the establishment. (sec.21-ssec.4) To remove doubt, it is declared that the assets held by the existing church corporation immediately before its establishment under this part become, on the establishment, the assets of the corporation established under this part.

(a) affect the corporation’s legal personality or identity; or
(b) affect a right, entitlement or liability of the corporation or anyone else; or
(c) make legal proceedings by or against the corporation defective; or
(d) nullify any exemption given to, or benefit enjoyed by, the corporation because of its incorporation under the AI Act or the RECI Act.

sec.22

Establishment under this part does not affect existing legal relationships

sec.22 Establishment under this part does not affect existing legal relationships

Without limiting section 21 (1) (Establishment under this part does not affect legal personality etc.), the establishment of an existing church corporation under this part— does not place the corporation in breach of contract or otherwise make it guilty of a civil wrong; and does not make the corporation in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability; and is not taken to fulfil a condition— allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or requiring any amount to be paid before its stated maturity; and does not release a surety or other obligee (in whole or part) from an obligation.

(a) does not place the corporation in breach of contract or otherwise make it guilty of a civil wrong; and
(b) does not make the corporation in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability; and
(c) is not taken to fulfil a condition— (i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or (ii) requiring any amount to be paid before its stated maturity; and
(i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or
(ii) requiring any amount to be paid before its stated maturity; and
(d) does not release a surety or other obligee (in whole or part) from an obligation.
(i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or
(ii) requiring any amount to be paid before its stated maturity; and

sec.23

Incorporation under AI Act ceases

sec.23 Incorporation under AI Act ceases

On the issue of a certificate of incorporation under this Act for an AI Act corporation, the corporation ceases to be an incorporated association under the AI Act and its certificate of incorporation under that Act is cancelled.

sec.24

Letters patent under RECI Act cancelled

sec.24 Letters patent under RECI Act cancelled

Despite section 4 (2) of the AI Act, on the issue of a certificate of incorporation under this Act for a RECI Act corporation the letters patent under the RECI Act for the corporation are cancelled.

pt.5

Legal capacity and powers of incorporated church entities

pt.5-div.1

Powers and legal capacity generally

sec.25

Powers and legal capacity generally

sec.25 Powers and legal capacity generally

In performing its objects or functions, an incorporated church entity has all the powers, and the legal capacity, of an individual. The entity may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and invest and deal with money; and do other things necessary or convenient to be done in performing its objects or functions. The entity may exercise its powers— inside and outside Queensland; and inside and outside Australia. The fact that the doing of an act by the entity would not be, or is not, in its best interests does not affect its power or legal capacity to do the act. (sec.25-ssec.1) In performing its objects or functions, an incorporated church entity has all the powers, and the legal capacity, of an individual. (sec.25-ssec.2) The entity may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and invest and deal with money; and do other things necessary or convenient to be done in performing its objects or functions. (sec.25-ssec.3) The entity may exercise its powers— inside and outside Queensland; and inside and outside Australia. (sec.25-ssec.4) The fact that the doing of an act by the entity would not be, or is not, in its best interests does not affect its power or legal capacity to do the act.

(a) enter into contracts; and
(b) acquire, hold, deal with and dispose of property; and
(c) invest and deal with money; and
(d) do other things necessary or convenient to be done in performing its objects or functions.
(a) inside and outside Queensland; and
(b) inside and outside Australia.

sec.25A

Holding property on trust for unincorporated juridical person

sec.25A Holding property on trust for unincorporated juridical person

This section applies if an incorporated church entity holds property under canon law on behalf of a juridical person who is not an incorporated church entity (an unincorporated juridical person ). The incorporated church entity holds the property on trust for— if the property held under subsection (1) is given for a specific trust purpose of the unincorporated juridical person—the specified purpose; or if no purpose is specified—the religious, educational and charitable purposes of the unincorporated juridical person. The incorporated church entity may exercise any of the powers of an incorporated church entity under section 25 as a trustee for the benefit of the unincorporated juridical person, in accordance with— canon law; and a law of the State or the general law. In proceedings against a trustee involving either of the following, the trustee’s liability is limited to the value of the property held on trust for the unincorporated juridical person— the property held on trust under this section; the transactions or activities conducted as trustee for the unincorporated juridical person. However, subsection (4) does not apply to a trustee who acts fraudulently in exercising the powers of a trustee. It is sufficient compliance with the Property Law Act 2023 , section 8 (2) , if the trustee issues a written certificate that complies with subsection (7) to record the following— the property is held on trust by the incorporated church entity; the unincorporated juridical person for which the incorporated church entity holds the property on trust; details of the transactions or activities conducted as trustee for the unincorporated juridical person. A certificate mentioned in subsection (6) must be executed by the seal of the incorporated church entity or signed by a person authorised by the incorporated church entity for that purpose. The trustee must make a copy of the certificate mentioned in subsection (6) available to a person on request. s 25A ins 2013 No. 62 s 52 amd 2023 No. 27 s 289 sch 3 (sec.25A-ssec.1) This section applies if an incorporated church entity holds property under canon law on behalf of a juridical person who is not an incorporated church entity (an unincorporated juridical person ). (sec.25A-ssec.2) The incorporated church entity holds the property on trust for— if the property held under subsection (1) is given for a specific trust purpose of the unincorporated juridical person—the specified purpose; or if no purpose is specified—the religious, educational and charitable purposes of the unincorporated juridical person. (sec.25A-ssec.3) The incorporated church entity may exercise any of the powers of an incorporated church entity under section 25 as a trustee for the benefit of the unincorporated juridical person, in accordance with— canon law; and a law of the State or the general law. (sec.25A-ssec.4) In proceedings against a trustee involving either of the following, the trustee’s liability is limited to the value of the property held on trust for the unincorporated juridical person— the property held on trust under this section; the transactions or activities conducted as trustee for the unincorporated juridical person. (sec.25A-ssec.5) However, subsection (4) does not apply to a trustee who acts fraudulently in exercising the powers of a trustee. (sec.25A-ssec.6) It is sufficient compliance with the Property Law Act 2023 , section 8 (2) , if the trustee issues a written certificate that complies with subsection (7) to record the following— the property is held on trust by the incorporated church entity; the unincorporated juridical person for which the incorporated church entity holds the property on trust; details of the transactions or activities conducted as trustee for the unincorporated juridical person. (sec.25A-ssec.7) A certificate mentioned in subsection (6) must be executed by the seal of the incorporated church entity or signed by a person authorised by the incorporated church entity for that purpose. (sec.25A-ssec.8) The trustee must make a copy of the certificate mentioned in subsection (6) available to a person on request.

(a) if the property held under subsection (1) is given for a specific trust purpose of the unincorporated juridical person—the specified purpose; or
(b) if no purpose is specified—the religious, educational and charitable purposes of the unincorporated juridical person.
(a) canon law; and
(b) a law of the State or the general law.
(a) the property held on trust under this section;
(b) the transactions or activities conducted as trustee for the unincorporated juridical person.
(a) the property is held on trust by the incorporated church entity;
(b) the unincorporated juridical person for which the incorporated church entity holds the property on trust;
(c) details of the transactions or activities conducted as trustee for the unincorporated juridical person.

sec.25B

Variation of purposes of charitable trust

sec.25B Variation of purposes of charitable trust

This section applies to a charitable trust if— an incorporated church entity is the trustee of the trust; and the trustee reasonably considers the original purpose of the trust— has been as far as may be fulfilled; or can not be carried out; or does not provide a community or religious benefit. By resolution, the trustee may vary the charitable purpose of the trust (the original purpose ) to— a different purpose that is also a charitable purpose but closely related to the original purpose; or if the trustee is reasonably satisfied it is not practicable to comply with paragraph (a) —another purpose that is charitable and connected to the church. The trustee must make a copy of the resolution available to a person on request. In this section— charitable trust means a trust established for a charitable purpose, whether before or after commencement of this section. s 25B ins 2013 No. 62 s 52 (sec.25B-ssec.1) This section applies to a charitable trust if— an incorporated church entity is the trustee of the trust; and the trustee reasonably considers the original purpose of the trust— has been as far as may be fulfilled; or can not be carried out; or does not provide a community or religious benefit. (sec.25B-ssec.2) By resolution, the trustee may vary the charitable purpose of the trust (the original purpose ) to— a different purpose that is also a charitable purpose but closely related to the original purpose; or if the trustee is reasonably satisfied it is not practicable to comply with paragraph (a) —another purpose that is charitable and connected to the church. (sec.25B-ssec.3) The trustee must make a copy of the resolution available to a person on request. (sec.25B-ssec.4) In this section— charitable trust means a trust established for a charitable purpose, whether before or after commencement of this section.

(a) an incorporated church entity is the trustee of the trust; and
(b) the trustee reasonably considers the original purpose of the trust— (i) has been as far as may be fulfilled; or (ii) can not be carried out; or (iii) does not provide a community or religious benefit.
(i) has been as far as may be fulfilled; or
(ii) can not be carried out; or
(iii) does not provide a community or religious benefit.
(i) has been as far as may be fulfilled; or
(ii) can not be carried out; or
(iii) does not provide a community or religious benefit.
(a) a different purpose that is also a charitable purpose but closely related to the original purpose; or
(b) if the trustee is reasonably satisfied it is not practicable to comply with paragraph (a) —another purpose that is charitable and connected to the church.

sec.25C

Pooling of trust money into one investment fund

sec.25C Pooling of trust money into one investment fund

This section applies if an incorporated church entity holds any money on trust under more than one trust. Subject to any express provision to the contrary in a trust deed or other relevant document, the incorporated church entity may— pool the money into one fund; and invest the money as one fund. The incorporated church entity must distribute any income or losses arising from the pooling and investment of money under subsection (2) rateably among the trusts for which money was pooled and invested. In this section— trust means a trust established before or after the commencement of this section. s 25C ins 2013 No. 62 s 52 (sec.25C-ssec.1) This section applies if an incorporated church entity holds any money on trust under more than one trust. (sec.25C-ssec.2) Subject to any express provision to the contrary in a trust deed or other relevant document, the incorporated church entity may— pool the money into one fund; and invest the money as one fund. (sec.25C-ssec.3) The incorporated church entity must distribute any income or losses arising from the pooling and investment of money under subsection (2) rateably among the trusts for which money was pooled and invested. (sec.25C-ssec.4) In this section— trust means a trust established before or after the commencement of this section.

(a) pool the money into one fund; and
(b) invest the money as one fund.

pt.5-div.2

Abolition of doctrine of ultra vires

sec.26

Objects of division

sec.26 Objects of division

The objects of this division include— abolishing any application of the doctrine of ultra vires to incorporated church entities; and ensuring that incorporated church entities give effect to any restrictions on their powers, but without affecting the validity of their dealings with third persons.

(a) abolishing any application of the doctrine of ultra vires to incorporated church entities; and
(b) ensuring that incorporated church entities give effect to any restrictions on their powers, but without affecting the validity of their dealings with third persons.

sec.27

Restrictions on powers

sec.27 Restrictions on powers

Sections 25 to 25C apply to an incorporated church entity subject to any restrictions on its powers under its constituent documents and canon law. The entity contravenes this subsection if— the entity exercises a power contrary to a restriction mentioned in subsection (1) ; or the entity’s constituent documents or canon law sets out the entity’s objects or functions and the entity does an act that does not promote the objects or functions. The exercise of the power, or the act, is not invalid merely because of the contravention. An officer of the entity who is involved in the contravention contravenes this subsection. An act of the officer is not invalid merely because, by doing the act, the person contravenes subsection (4) . The entity or officer does not commit an offence merely because of a contravention of this section. The fact that— by exercising a power as mentioned in subsection (2) (a) , or doing the act as mentioned in subsection (2) (b) , the entity contravened, or would contravene, subsection (2) ; or by doing a particular act, the officer contravened, or would contravene, subsection (4) ; may only be asserted or relied on in proceedings brought by the Corporation of the Bishops, or with the written authority of the Corporation of the Bishops given under its seal. In this section— restriction includes prohibition. s 27 amd 1999 No. 63 s 78 sch 2 ; 2013 No. 62 s 53 (sec.27-ssec.1) Sections 25 to 25C apply to an incorporated church entity subject to any restrictions on its powers under its constituent documents and canon law. (sec.27-ssec.2) The entity contravenes this subsection if— the entity exercises a power contrary to a restriction mentioned in subsection (1) ; or the entity’s constituent documents or canon law sets out the entity’s objects or functions and the entity does an act that does not promote the objects or functions. (sec.27-ssec.3) The exercise of the power, or the act, is not invalid merely because of the contravention. (sec.27-ssec.4) An officer of the entity who is involved in the contravention contravenes this subsection. (sec.27-ssec.5) An act of the officer is not invalid merely because, by doing the act, the person contravenes subsection (4) . (sec.27-ssec.6) The entity or officer does not commit an offence merely because of a contravention of this section. (sec.27-ssec.7) The fact that— by exercising a power as mentioned in subsection (2) (a) , or doing the act as mentioned in subsection (2) (b) , the entity contravened, or would contravene, subsection (2) ; or by doing a particular act, the officer contravened, or would contravene, subsection (4) ; may only be asserted or relied on in proceedings brought by the Corporation of the Bishops, or with the written authority of the Corporation of the Bishops given under its seal. (sec.27-ssec.8) In this section— restriction includes prohibition.

(a) the entity exercises a power contrary to a restriction mentioned in subsection (1) ; or
(b) the entity’s constituent documents or canon law sets out the entity’s objects or functions and the entity does an act that does not promote the objects or functions.
(a) by exercising a power as mentioned in subsection (2) (a) , or doing the act as mentioned in subsection (2) (b) , the entity contravened, or would contravene, subsection (2) ; or
(b) by doing a particular act, the officer contravened, or would contravene, subsection (4) ;

sec.28

Persons having dealings with incorporated church entities etc.

sec.28 Persons having dealings with incorporated church entities etc.

A person having dealings with an incorporated church entity is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding about the dealings, any assertion by the entity that the matters that the person is entitled to assume were not correct must be disregarded. A person having dealings with a person who has acquired, or purports to have acquired, title to property from an incorporated church entity (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding about the dealings, any assertion by the entity or the second person that the matters the first person is entitled to assume were not correct must be disregarded. The assumptions that a person is, because of subsection (1) or (2) , entitled to make are— that, at all relevant times, this Act, the entity’s constituent documents and canon law have been complied with; and that a person who is held out by the entity to be an officer or agent of the entity has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and that an officer or agent of the entity who has authority to issue a document for the entity has authority to warrant that the document is genuine and that an officer or agent of the entity who has authority to issue a certified copy of a document for the entity has authority to warrant that the copy is a true copy; and that a document has been properly sealed by the entity if— it bears what appears to be an imprint of the entity’s seal; and the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer of the entity; and that the entity’s officers and agents have properly performed their duties to the entity. However, a person is not entitled to assume a matter mentioned in subsection (3) if— the person has actual knowledge that the assumption would be incorrect; or because of the person’s connection or relationship with the entity, the person ought to know that the assumption would be incorrect. If, because of subsection (4) , a person is not entitled to make a particular assumption— if the assumption is about dealings with the entity— subsection (1) does not apply to an assertion by the entity about the assumption; and if the assumption is about dealings about an acquisition or purported acquisition from the entity of title to property— subsection (2) does not apply to an assertion by the entity or someone else about the assumption. s 28 amd 1999 No. 63 s 78 sch 2 (sec.28-ssec.1) A person having dealings with an incorporated church entity is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding about the dealings, any assertion by the entity that the matters that the person is entitled to assume were not correct must be disregarded. (sec.28-ssec.2) A person having dealings with a person who has acquired, or purports to have acquired, title to property from an incorporated church entity (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (3) and, in a proceeding about the dealings, any assertion by the entity or the second person that the matters the first person is entitled to assume were not correct must be disregarded. (sec.28-ssec.3) The assumptions that a person is, because of subsection (1) or (2) , entitled to make are— that, at all relevant times, this Act, the entity’s constituent documents and canon law have been complied with; and that a person who is held out by the entity to be an officer or agent of the entity has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and that an officer or agent of the entity who has authority to issue a document for the entity has authority to warrant that the document is genuine and that an officer or agent of the entity who has authority to issue a certified copy of a document for the entity has authority to warrant that the copy is a true copy; and that a document has been properly sealed by the entity if— it bears what appears to be an imprint of the entity’s seal; and the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer of the entity; and that the entity’s officers and agents have properly performed their duties to the entity. (sec.28-ssec.4) However, a person is not entitled to assume a matter mentioned in subsection (3) if— the person has actual knowledge that the assumption would be incorrect; or because of the person’s connection or relationship with the entity, the person ought to know that the assumption would be incorrect. (sec.28-ssec.5) If, because of subsection (4) , a person is not entitled to make a particular assumption— if the assumption is about dealings with the entity— subsection (1) does not apply to an assertion by the entity about the assumption; and if the assumption is about dealings about an acquisition or purported acquisition from the entity of title to property— subsection (2) does not apply to an assertion by the entity or someone else about the assumption.

(a) that, at all relevant times, this Act, the entity’s constituent documents and canon law have been complied with; and
(b) that a person who is held out by the entity to be an officer or agent of the entity has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and
(c) that an officer or agent of the entity who has authority to issue a document for the entity has authority to warrant that the document is genuine and that an officer or agent of the entity who has authority to issue a certified copy of a document for the entity has authority to warrant that the copy is a true copy; and
(d) that a document has been properly sealed by the entity if— (i) it bears what appears to be an imprint of the entity’s seal; and (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer of the entity; and
(i) it bears what appears to be an imprint of the entity’s seal; and
(ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer of the entity; and
(e) that the entity’s officers and agents have properly performed their duties to the entity.
(i) it bears what appears to be an imprint of the entity’s seal; and
(ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b) , may be assumed to be an officer of the entity; and
(a) the person has actual knowledge that the assumption would be incorrect; or
(b) because of the person’s connection or relationship with the entity, the person ought to know that the assumption would be incorrect.
(a) if the assumption is about dealings with the entity— subsection (1) does not apply to an assertion by the entity about the assumption; and
(b) if the assumption is about dealings about an acquisition or purported acquisition from the entity of title to property— subsection (2) does not apply to an assertion by the entity or someone else about the assumption.

pt.6

Change of name and dissolution

pt.6-div.1

Change of names of incorporated church entities

sec.29

Change of name of incorporated church entity

sec.29 Change of name of incorporated church entity

An incorporated church entity may apply to the chief executive to change its name. Subsection (1) applies only if a bishop in whose diocese or archdiocese the entity is functioning or the Corporation of the Bishops consents in writing to the application being made. The application must be in a form approved by the chief executive. One of the following must accompany the application— the entity’s certificate of incorporation; if the bishop or Corporation of the Bishops is satisfied that the entity’s certificate of incorporation is lost or destroyed—a certificate by the bishop or Corporation of the Bishops stating the fact. The chief executive may grant the application. If the chief executive grants the application, the chief executive must amend the entity’s certificate of incorporation or issue a new certificate. The chief executive must send the certificate of incorporation to the Corporation of the Bishops. (sec.29-ssec.1) An incorporated church entity may apply to the chief executive to change its name. (sec.29-ssec.2) Subsection (1) applies only if a bishop in whose diocese or archdiocese the entity is functioning or the Corporation of the Bishops consents in writing to the application being made. (sec.29-ssec.3) The application must be in a form approved by the chief executive. (sec.29-ssec.4) One of the following must accompany the application— the entity’s certificate of incorporation; if the bishop or Corporation of the Bishops is satisfied that the entity’s certificate of incorporation is lost or destroyed—a certificate by the bishop or Corporation of the Bishops stating the fact. (sec.29-ssec.5) The chief executive may grant the application. (sec.29-ssec.6) If the chief executive grants the application, the chief executive must amend the entity’s certificate of incorporation or issue a new certificate. (sec.29-ssec.7) The chief executive must send the certificate of incorporation to the Corporation of the Bishops.

(a) the entity’s certificate of incorporation;
(b) if the bishop or Corporation of the Bishops is satisfied that the entity’s certificate of incorporation is lost or destroyed—a certificate by the bishop or Corporation of the Bishops stating the fact.

sec.30

Change of name does not affect legal personality etc.

sec.30 Change of name does not affect legal personality etc.

A change of name of an incorporated church entity does not— affect the entity’s legal personality or identity; or affect a right, entitlement or liability of the entity or anyone else; or make legal proceedings by or against the entity defective; or nullify any exemption given to, or benefit enjoyed by, the entity under a former name. Without limiting subsection (1) , the change of name of the entity does not affect any right, entitlement, liability, exemption or benefit the entity would have had or enjoyed apart from the change of name. In addition, but without limiting subsection (1) , if a legal proceeding might have been continued or started by or against the entity under its former name, it may be continued or started by or against it under its new name. (sec.30-ssec.1) A change of name of an incorporated church entity does not— affect the entity’s legal personality or identity; or affect a right, entitlement or liability of the entity or anyone else; or make legal proceedings by or against the entity defective; or nullify any exemption given to, or benefit enjoyed by, the entity under a former name. (sec.30-ssec.2) Without limiting subsection (1) , the change of name of the entity does not affect any right, entitlement, liability, exemption or benefit the entity would have had or enjoyed apart from the change of name. (sec.30-ssec.3) In addition, but without limiting subsection (1) , if a legal proceeding might have been continued or started by or against the entity under its former name, it may be continued or started by or against it under its new name.

(a) affect the entity’s legal personality or identity; or
(b) affect a right, entitlement or liability of the entity or anyone else; or
(c) make legal proceedings by or against the entity defective; or
(d) nullify any exemption given to, or benefit enjoyed by, the entity under a former name.

sec.31

Change of name does not affect existing legal relationships

sec.31 Change of name does not affect existing legal relationships

Without limiting section 30 (1) (Change of name does not affect legal personality etc.), a change of name of an incorporated church entity— does not place the entity in breach of contract or otherwise make it guilty of a civil wrong; and does not make the entity in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability; and is not taken to fulfil a condition— allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or requiring any amount to be paid before its stated maturity; and does not release a surety or other obligee (in whole or part) from an obligation.

(a) does not place the entity in breach of contract or otherwise make it guilty of a civil wrong; and
(b) does not make the entity in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability; and
(c) is not taken to fulfil a condition— (i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or (ii) requiring any amount to be paid before its stated maturity; and
(i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or
(ii) requiring any amount to be paid before its stated maturity; and
(d) does not release a surety or other obligee (in whole or part) from an obligation.
(i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or
(ii) requiring any amount to be paid before its stated maturity; and

sec.32

Recording of change of name of corporation

sec.32 Recording of change of name of corporation

This section applies if— an incorporated church entity’s name is changed under this division; and an interest in land was registered in the name of the entity before the change of name. No fee is payable for recording the change of name for the interest by a public official or authority responsible for registering land or interests in land. (sec.32-ssec.1) This section applies if— an incorporated church entity’s name is changed under this division; and an interest in land was registered in the name of the entity before the change of name. (sec.32-ssec.2) No fee is payable for recording the change of name for the interest by a public official or authority responsible for registering land or interests in land.

(a) an incorporated church entity’s name is changed under this division; and
(b) an interest in land was registered in the name of the entity before the change of name.

pt.6-div.2

Dissolution of incorporated church entities

sec.33

Request to dissolve entity

sec.33 Request to dissolve entity

A bishop may ask the chief executive to dissolve an incorporated church entity functioning in the bishop’s diocese or archdiocese. The Corporation of the Bishops may also ask the chief executive to dissolve an incorporated church entity. The request may be made only if— dissolution of the entity accords with canon law; and for an entity that is a religious institute, a public juridical person, or an associated entity of a religious institute or public juridical person—the competent authority of the religious institute, or public juridical person, who has jurisdiction for the State has given the person making the request written consent to the making of the request. The request must— be in a form approved by the chief executive; and state the entity; and state the reason for the request; and state the church entity or other entity (the successor entity ) in whom the entity’s assets and liabilities vest on dissolution; and state whether or not the entity’s dissolution accords with canon law; and for an entity that is a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (3) (b) . One of the following must accompany the request— the entity’s certificate of incorporation; if the bishop or the Corporation of the Bishops is satisfied that the entity’s certificate of incorporation is lost or destroyed—a certificate by the bishop or Corporation of the Bishops stating the fact. s 33 amd 1995 No. 57 s 4 sch 2 ; 1999 No. 63 s 85 ; 2013 No. 62 s 54 (sec.33-ssec.1) A bishop may ask the chief executive to dissolve an incorporated church entity functioning in the bishop’s diocese or archdiocese. (sec.33-ssec.2) The Corporation of the Bishops may also ask the chief executive to dissolve an incorporated church entity. (sec.33-ssec.3) The request may be made only if— dissolution of the entity accords with canon law; and for an entity that is a religious institute, a public juridical person, or an associated entity of a religious institute or public juridical person—the competent authority of the religious institute, or public juridical person, who has jurisdiction for the State has given the person making the request written consent to the making of the request. (sec.33-ssec.4) The request must— be in a form approved by the chief executive; and state the entity; and state the reason for the request; and state the church entity or other entity (the successor entity ) in whom the entity’s assets and liabilities vest on dissolution; and state whether or not the entity’s dissolution accords with canon law; and for an entity that is a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (3) (b) . (sec.33-ssec.5) One of the following must accompany the request— the entity’s certificate of incorporation; if the bishop or the Corporation of the Bishops is satisfied that the entity’s certificate of incorporation is lost or destroyed—a certificate by the bishop or Corporation of the Bishops stating the fact.

(a) dissolution of the entity accords with canon law; and
(b) for an entity that is a religious institute, a public juridical person, or an associated entity of a religious institute or public juridical person—the competent authority of the religious institute, or public juridical person, who has jurisdiction for the State has given the person making the request written consent to the making of the request.
(a) be in a form approved by the chief executive; and
(b) state the entity; and
(c) state the reason for the request; and
(d) state the church entity or other entity (the successor entity ) in whom the entity’s assets and liabilities vest on dissolution; and
(e) state whether or not the entity’s dissolution accords with canon law; and
(f) for an entity that is a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (3) (b) .
(a) the entity’s certificate of incorporation;
(b) if the bishop or the Corporation of the Bishops is satisfied that the entity’s certificate of incorporation is lost or destroyed—a certificate by the bishop or Corporation of the Bishops stating the fact.

sec.34

Dissolution of entity

sec.34 Dissolution of entity

On receiving the request under section 33 (Request to dissolve entity), the chief executive may, by gazette notice— dissolve the incorporated church entity; and vest the assets and liabilities of the entity in the successor entity. The assets and liabilities vest in the successor entity without a transfer. Assets vested in the successor entity remain subject to any debt, liability, trust or obligation affecting the assets. The chief executive must give a copy of the gazette notice to the Corporation of the Bishops. (sec.34-ssec.1) On receiving the request under section 33 (Request to dissolve entity), the chief executive may, by gazette notice— dissolve the incorporated church entity; and vest the assets and liabilities of the entity in the successor entity. (sec.34-ssec.2) The assets and liabilities vest in the successor entity without a transfer. (sec.34-ssec.3) Assets vested in the successor entity remain subject to any debt, liability, trust or obligation affecting the assets. (sec.34-ssec.4) The chief executive must give a copy of the gazette notice to the Corporation of the Bishops.

(a) dissolve the incorporated church entity; and
(b) vest the assets and liabilities of the entity in the successor entity.

sec.35

Recording of vesting of interest in land

sec.35 Recording of vesting of interest in land

This section applies if— an incorporated church entity is dissolved under this division; and an interest in land vested in the entity vests in its successor entity. No fee is payable for recording the vesting of the interest in the successor entity by a public official or authority responsible for registering land or interests in land. (sec.35-ssec.1) This section applies if— an incorporated church entity is dissolved under this division; and an interest in land vested in the entity vests in its successor entity. (sec.35-ssec.2) No fee is payable for recording the vesting of the interest in the successor entity by a public official or authority responsible for registering land or interests in land.

(a) an incorporated church entity is dissolved under this division; and
(b) an interest in land vested in the entity vests in its successor entity.

pt.7

Records that must be kept

sec.36

Records to be kept by chief executive

sec.36 Records to be kept by chief executive

The chief executive must keep a register showing the names of incorporated church entities. The chief executive must keep all requests, constituent documents and applications made or given to the chief executive under this Act. The register, requests, constituent documents and applications must be available for inspection by members of the public, without fee. (sec.36-ssec.1) The chief executive must keep a register showing the names of incorporated church entities. (sec.36-ssec.2) The chief executive must keep all requests, constituent documents and applications made or given to the chief executive under this Act. (sec.36-ssec.3) The register, requests, constituent documents and applications must be available for inspection by members of the public, without fee.

sec.37

Records to be kept by Corporation of Bishops

sec.37 Records to be kept by Corporation of Bishops

The Corporation of the Bishops must keep— a register of the current addresses of incorporated church entities (other than the Corporation of the Bishops); and a copy of the constituent documents (if any) of incorporated church entities. The register and documents— must be kept at the office of the Corporation of the Bishops in Brisbane; and must be available for inspection by members of the public, without fee. The Corporation of the Bishops must notify its address in Brisbane by gazette notice. The Corporation of the Bishops must also notify a change in the address by gazette notice. (sec.37-ssec.1) The Corporation of the Bishops must keep— a register of the current addresses of incorporated church entities (other than the Corporation of the Bishops); and a copy of the constituent documents (if any) of incorporated church entities. (sec.37-ssec.2) The register and documents— must be kept at the office of the Corporation of the Bishops in Brisbane; and must be available for inspection by members of the public, without fee. (sec.37-ssec.3) The Corporation of the Bishops must notify its address in Brisbane by gazette notice. (sec.37-ssec.4) The Corporation of the Bishops must also notify a change in the address by gazette notice.

(a) a register of the current addresses of incorporated church entities (other than the Corporation of the Bishops); and
(b) a copy of the constituent documents (if any) of incorporated church entities.
(a) must be kept at the office of the Corporation of the Bishops in Brisbane; and
(b) must be available for inspection by members of the public, without fee.

pt.8

Miscellaneous

sec.38

Evidence of address

sec.38 Evidence of address

A certificate purporting to be under the seal of the Corporation of the Bishops, or signed by a person authorised by the corporation for the purpose, stating that a stated address of a stated incorporated church entity is the address of the entity shown in the register kept under section 37 (Records to be kept by Corporation of Bishops) is evidence of the certificate’s contents.

sec.39

Service of documents on corporation

sec.39 Service of documents on corporation

If a law permits or requires a document to be given or served on an incorporated church entity, the document may be given or served on the entity— if the entity is the Corporation of the Bishops—at its address in Brisbane last notified in the gazette; or in any other case—at the entity’s address shown in the register kept under section 37 (Records to be kept by Corporation of Bishops).

(a) if the entity is the Corporation of the Bishops—at its address in Brisbane last notified in the gazette; or
(b) in any other case—at the entity’s address shown in the register kept under section 37 (Records to be kept by Corporation of Bishops).

sec.40

Section sec.40

s 40 om 2001 No. 45 s 29 sch 3

sec.41

Replacement certificate of incorporation

sec.41 Replacement certificate of incorporation

This section applies if a bishop in whose diocese or archdiocese, an incorporated church entity is functioning— is satisfied that the entity’s certificate of incorporation is lost or destroyed; and gives the chief executive a certificate stating the fact. This section also applies if the Corporation of the Bishops— is satisfied that an incorporated church entity’s certificate of incorporation is lost or destroyed; and gives the chief executive a certificate stating the fact. The chief executive may issue a replacement certificate of incorporation for the incorporated church entity. The chief executive must give the certificate to the Corporation of the Bishops. (sec.41-ssec.1) This section applies if a bishop in whose diocese or archdiocese, an incorporated church entity is functioning— is satisfied that the entity’s certificate of incorporation is lost or destroyed; and gives the chief executive a certificate stating the fact. (sec.41-ssec.2) This section also applies if the Corporation of the Bishops— is satisfied that an incorporated church entity’s certificate of incorporation is lost or destroyed; and gives the chief executive a certificate stating the fact. (sec.41-ssec.3) The chief executive may issue a replacement certificate of incorporation for the incorporated church entity. (sec.41-ssec.4) The chief executive must give the certificate to the Corporation of the Bishops.

(a) is satisfied that the entity’s certificate of incorporation is lost or destroyed; and
(b) gives the chief executive a certificate stating the fact.
(a) is satisfied that an incorporated church entity’s certificate of incorporation is lost or destroyed; and
(b) gives the chief executive a certificate stating the fact.

sec.42

Delegation of chief executive’s powers

sec.42 Delegation of chief executive’s powers

The chief executive may delegate the chief executive’s powers under this Act to an officer of the department.

sec.43

Regulations

sec.43 Regulations

The Governor in Council may make regulations under this Act. Without limiting subsection (1) , a regulation may exempt an incorporated church entity from the provisions of another Act. An exemption under subsection (2) may be subject to conditions. (sec.43-ssec.1) The Governor in Council may make regulations under this Act. (sec.43-ssec.2) Without limiting subsection (1) , a regulation may exempt an incorporated church entity from the provisions of another Act. (sec.43-ssec.3) An exemption under subsection (2) may be subject to conditions.

Source text: opening excerpt

Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.

pt.1 Preliminary

Preliminary

sec.1 Short title

This Act may be cited as the Roman Catholic Church (Incorporation of Church Entities) Act 1994 .

Section sec.2

s 2 om 1999 No. 63 s 78 sch 2

sec.3 Definitions

(a) a diocese or archdiocese, or the trustees of a diocese or archdiocese, of the church; or
(b) a religious institute or the members of a religious institute; or
(c) a juridical person, or a juridical person’s competent authority; or
(d) 1 or more holders of an office of the church under canon law.
(a) a diocese or archdiocese, or the trustees of a diocese or archdiocese, of the church; or
(b) a religious institute or the members of a religious institute; or
(c) a juridical person, or a juridical person’s competent authority; or
(d) 1 or more holders of an office of the church under canon law; or
(e) an associated entity.
(a) an entity established under this Act; or
(b) an AI Act corporation established under this Act; or
(c) a RECI Act corporation established under this Act;
(d) the Corporation of the Bishops; and
(e) for part 5 —an AI Act corporation or RECI Act corporation that is not established under this Act.
(a) a person who constitutes the entity (whether alone or with others) under canon law; and
(b) an employee of the entity.

sec.4 Interpretation and application of canon law

pt.2 Establishment and composition of the Corporation of the Bishops

Establishment and composition of the Corporation of the Bishops

sec.5 Establishment of Corporation of Bishops

A corporation called the Corporation of the Roman Catholic Bishops of Queensland is established.

sec.6 Composition of corporation

The Corporation of the Bishops consists of the persons for the time being holding appointment as bishop.

sec.7 Perpetual succession etc. of corporation

The Corporation of the Bishops— has perpetual succession; and has a seal; and may sue and be sued in its corporate name.

(a) has perpetual succession; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.

sec.8 Certificate of incorporation

pt.3 Incorporation of church entities

Incorporation of church entities

sec.9 Request to incorporate church entity

(a) be in a form approved by the chief executive; and
(b) state the church entity; and
(c) state the entity is a church entity; and
(d) state the proposed name for the church entity; and
(e) if the request is for the incorporation of an associated entity, other than an associated entity of a religious institute or a public juridical person—state any assets that are to vest in the associated entity on its establishment as a corporation under this part; and
(f) if the request is for the incorporation of a religious institute, a public juridical person or an associated entity of a religious institute or public juridical person—be accompanied by a copy of the consent mentioned in subsection (2A) or (2AA) .

sec.10 Certificate of incorporation

sec.11 Composition of corporation

sec.11A Vesting of assets

(a) for an associated entity of a religious institute or a public juridical person—only the assets stated in the consent mentioned in section 9 (2A) or (2AA) ;
(b) for another associated entity—only the assets stated in the request under section 9 (3) (e) .

sec.11B Transfer of rights and liabilities

(a) the rights and liabilities of the entity become the rights and liabilities of the corporation; and
(b) a legal proceeding by or against the entity that has not been finished before the establishment may be continued and finished by or against the corporation.

sec.12 Seal etc. of corporation

(a) has a seal; and
(b) may sue and be sued in its corporate na

This is an opening excerpt, not the complete document.

Plain English Summary

Deep Dive

What it does

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply

Current sections

Preliminary

Preliminary

Short title

sec.1 Short title

Section sec.2

Definitions

sec.3 Definitions

Interpretation and application of canon law

sec.4 Interpretation and application of canon law

Establishment and composition of the Corporation of the Bishops

Establishment and composition of the Corporation of the Bishops

Establishment of Corporation of Bishops

sec.5 Establishment of Corporation of Bishops

Composition of corporation

sec.6 Composition of corporation

Perpetual succession etc. of corporation

sec.7 Perpetual succession etc. of corporation

Certificate of incorporation

sec.8 Certificate of incorporation

Incorporation of church entities

Incorporation of church entities

Request to incorporate church entity

sec.9 Request to incorporate church entity

Certificate of incorporation

sec.10 Certificate of incorporation

Composition of corporation

sec.11 Composition of corporation

Vesting of assets

sec.11A Vesting of assets

Transfer of rights and liabilities

sec.11B Transfer of rights and liabilities

Seal etc. of corporation

sec.12 Seal etc. of corporation

Person acting for corporation

sec.13 Person acting for corporation

Establishment under this part of certain church corporations established under other Acts

Establishment under this part of certain church corporations established under other Acts

Application of part

sec.14 Application of part

Meaning of existing church corporation

sec.15 Meaning of existing church corporation

Request to establish existing church corporation under this part

sec.16 Request to establish existing church corporation under this part

Certificate of incorporation under this Act

sec.17 Certificate of incorporation under this Act

Composition of corporation

sec.18 Composition of corporation

Seal etc. of existing church corporation

sec.19 Seal etc. of existing church corporation

Person acting for existing church corporation

sec.20 Person acting for existing church corporation

Establishment under this part does not affect legal personality etc.

sec.21 Establishment under this part does not affect legal personality etc.

Establishment under this part does not affect existing legal relationships

sec.22 Establishment under this part does not affect existing legal relationships

Incorporation under AI Act ceases

sec.23 Incorporation under AI Act ceases

Letters patent under RECI Act cancelled

sec.24 Letters patent under RECI Act cancelled

Legal capacity and powers of incorporated church entities

Legal capacity and powers of incorporated church entities

Powers and legal capacity generally

Powers and legal capacity generally

Powers and legal capacity generally

sec.25 Powers and legal capacity generally

Holding property on trust for unincorporated juridical person

sec.25A Holding property on trust for unincorporated juridical person