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Roman Catholic Church (Incorporation of Church Entities) Act 1994
sec.21Establishment under this part does not affect legal personality etc.
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### 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.