QLDIn ForceAct
Roman Catholic Church (Incorporation of Church Entities) Act 1994
sec.16Request to establish existing church corporation under this part
Start here
Get a plain-English read of sec.16
Turn the raw legal text into a practical explanation grounded in Roman Catholic Church (Incorporation of Church Entities) Act 1994.
### 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) .