QLDIn ForceAct
Roman Catholic Church (Incorporation of Church Entities) Act 1994
sec.9Request to incorporate church entity
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### 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) .