The Baptist Union Incorporation Act 1930 (Victoria)

The Baptist Union Incorporation Act 1930 (the Act) corporately incorporates “The Baptist Union of Victoria” (the Union), establishes mechanisms for vesting and managing specified property in that corporate body, and sets out the trusts upon which certain church properties are to be held. The Act creates a corporate entity with perpetual succession and a common seal (s 2(1)-(2)), grants that entity broad property powers (s 2(1), s 10), and provides machinery for two alternative routes by which church and denominational property will come to be held by the Union: (a) automatic vesting by operation of the Act in respect of property and interests enumerated in Schedule C or described in s 3(1)-(2); and (b) voluntary conveyance or transfer by existing trustees under ss 4-5 (with special meeting prerequisites). Where property vests by operation of law, the Act requires the Registrar of Titles to register the Union as proprietor on production of proof and payment of fees (s 3(3)). It also prescribes that, subject to existing mortgages and charges, property vested in the Union will be held either in conformity with existing express trusts or, otherwise, held and dealt with as the Executive Council directs (s 3(4)).

The Act fixes who may use the corporate seal and how it must be attested (s 2(2)). It substitutes the incorporated Union for individual trustees on conveyance or transfer and discharges the outgoing trustees from trust duties once the Union accepts the transfer (s 7). The Act modifies references in the Model Deeds of Trust to older governance bodies so that they read as references to the Executive Council established under the constitution set out at Schedule A (s 11). Schedule B, which is expressed to be a Model Statement of Trusts, prescribes detailed congregational governance rules and trust powers for local church trust premises (Sch B cll 1-15). Schedule C lists specific parcels of land and mortgage securities that, by the Act, vest or are affected (Sch C).

Victorian Legislation and Parliamentary Documentsi Version No. 001 The Baptist Union Incorporation Act 1930 Act No. 3903/1930 Version as at 13 October 1999 TABLE OF PROVISIONS Section Page

Short title 2
Incorporation and seal of the Baptist Union of Victoria 3
Vesting of property etc. in the Union 4
Property held on trust 6
Execution of conveyance or transfer 7
Members voting at church meetings 7
Appointment of the Union as trustee 8
Execution of conveyances or transfers in certain cases 8
Register of successory trusts 9
Powers of the Union as to property 9
References to "Executive Committee" etc. 9
Alteration etc. of Schedule "B" 10

SCHEDULES 11 SCHEDULE "A" 11 SCHEDULE "B" 19 SCHEDULE "C" 24 ═══════════════ ENDNOTES 26

General Information 26
Table of Amendments 27
Explanatory Details 28

Victorian Legislation and Parliamentary Documents1 Version No. 001 The Baptist Union Incorporation Act 1930 Act No. 3903/1930 Version as at 13 October 1999 An Act to incorporate The Baptist Union of Victoria and for other purposes. Preamble WHEREAS certain persons being members of the religious denomination called Baptists in the State of Victoria and holding as their general tenets the doctrines set forth in the declaration of Baptist Church Trusts 1892 which is deposited with the Registrar-General of Victoria at Melbourne and numbered 6888 (and which declaration is similar to the statement of Trusts in Schedule "B" hereto) have formed an Association called "The Baptist Union of Victoria" a copy of the constitution of which is set out in Schedule "A" hereto: AND WHEREAS certain real and personal property is held by certain trustees upon trust for the said Association itself or for its Executive Council or for the Victorian Baptist Home Missionary Society a constituent of the said Association or for certain committees of the said Association or for purposes connected therewith: AND WHEREAS a number of churches are constituents of the said Association (any church which is now or may hereafter become a constituent of the said Association being hereinafter called a local church) and real and personal property is now vested in various persons as trustees for and on behalf of the said respective local churches upon certain trusts and generally in accord with the general tenets above mentioned or

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 2 for various purposes connected with the said churches: AND WHEREAS certain real and personal property has been conveyed to trustees or has been declared to be held upon trust for certain churches which churches have been dissolved or dispersed or upon trust for various purposes connected with such churches and which were prior to their dissolution or dispersion constituents of the said Association: AND WHEREAS it is expedient that the said Association should be incorporated and should be invested with the powers and authorities hereinafter set forth and that the real and personal property so vested in various persons as trustees upon trust for the said Association or its Executive Council or the Victorian Baptist Home Missionary Society or for certain committees as aforesaid or for purposes connected therewith or for churches which have been dissolved or dispersed or for purposes connected with such churches should be vested in the said Association when incorporated and that the real and personal property so vested in various trustees for and on behalf of the said respective local churches or for purposes connected therewith should be capable of being vested in the said Association when incorporated upon the trusts hereinafter set forth: BE IT THEREFORE ENACTED by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

Short title This Act may be cited as The Baptist Union Incorporation Act 1930. s. 1

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 3 2. Incorporation and seal of the Baptist Union of Victoria (1) All persons who from time to time in accordance with the constitution for the time being thereof are members of the religious body or denomination called Baptists in the State of Victoria holding as their general tenets the doctrines set forth in Schedule "B" hereto and who now or hereafter constitute the Association called "The Baptist Union of Victoria" from henceforth shall be a body corporate by the name of "The Baptist Union of Victoria" and shall have perpetual succession and a common seal and under that name may sue and be sued prosecute and defend and take and suffer all other proceedings in all courts civil and criminal within the said State and it shall be lawful for the said body corporate (hereinafter referred to as "the Union") to make by-laws and such alterations in and additions to the constitution of the Union a copy of which is set out in Schedule "A" hereto as may be found from time to time necessary and it shall be further lawful for the Union to take purchase receive hold and enjoy real and personal property of any description whatsoever and also to sell grant transfer convey exchange demise (whether by way of building lease or otherwise) give easements over or otherwise dispose of either absolutely or by way of mortgage charge lien or other encumbrance any of the property real or personal at any time belonging to the Union whether subject to trusts or not and if subject to trusts with power to the Union to carry out the provisions of such trusts and generally to exercise subject to the provisions of this Act all powers rights and privileges incident to a body corporate and the Executive Council for the time being of the said Association duly appointed under the said constitution (hereinafter called "the Executive s. 2

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 4 Council") shall have the custody and use of the common seal of the Union and a majority of the members of such Council present at any meeting duly convened shall have power to use or direct the use of such seal for all purposes for which the use of such seal is required. (2) The seal shall only be affixed by virtue of a resolution of the said majority and in the presence of two members of the Executive Council and of the President or the Secretary for the time being of the Union and the said two members and the President or Secretary shall sign their names to the document to which the seal has been affixed. 3. Vesting of property etc. in the Union (1) All the estate and interest of the several persons named in Schedule "C" hereto in the real and personal estate therein set forth and all other the estate and interest in real and personal property (not including the Victorian Baptist Fund) within the said State held by any person or persons as trustee or trustees in trust for the said body or denomination called Baptists or for its Executive Council or for the Victorian Baptist Home Missionary Society or for any committee of the said Association whether for any special purposes or generally for such body or denomination executive council society or committee shall from and after the coming into operation of this Act vest in the Union without the necessity for any conveyance transfer or other assurance of such property. (2) All real and personal property within the said State held by any person or persons as trustee or trustees in trust for any church or for any purpose connected therewith under the provisions of the Model Deed of Trust of the Baptist Union of Victoria deposited with the Registrar-General of s. 3

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 5 Victoria at Melbourne numbered 6888 or upon and subject to the trusts set out in a prior Model Deed of Trust of the Baptist Association (now known as the Baptist Union) of Victoria deposited with the Registrar-General of Victoria at Melbourne and numbered 5510 which church was prior to the coming into operation of this Act dissolved or dispersed and which church was prior to its dissolution or dispersion a constituent of the said Association shall from and after the coming into operation of this Act vest in the Union without the necessity of any conveyance transfer or other assurance of such property and shall cease to be held upon the express trusts to which it was heretofore subject and shall henceforth be held managed and dealt with by the Union in such manner as the Executive Council may from time to time direct subject nevertheless to all mortgages liens and other charges affecting the same immediately prior to the date of such vesting. (3) Where any property vested in the Union under this section consists of property registered under the Transfer of Land Acts the Registrar of Titles on application made to him in that behalf and proof to his satisfaction of the facts relating thereto and on payment of the necessary fees shall give effect to such vesting by registering the said Union as proprietor. (4) Save as herein otherwise provided all property becoming vested in the Union as hereinbefore mentioned or which shall in any manner be acquired by the Union shall so far as the same is subject to any express trust be held by the Union in conformity with such express trust and shall so far as the same is not subject to any express trust be held managed and dealt with in such manner as the Executive Council may from time to time direct. s. 3

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 6 4. Property held on trust The trustee or trustees being entitled to any estate or interest in real or personal property in the State of Victoria under any deed instrument or will upon trust for any local church or for any purpose connected therewith may convey or transfer the same to the Union and the same shall in that case be held by it (subject and without prejudice to any mortgage charge encumbrance lien or lease affecting the same respectively) for the benefit of such local church upon the following trusts, that is to say— (a) if such property shall be held by such trustees upon and subject to the trusts set out in the Model Deed of Trust numbered 5510 or the Model Deed of Trust numbered 6888 referred to in sub-section (2) of section three of this Act then such property shall as from the date of such conveyance or transfer be held by the Union upon the trusts contained in Schedule "B" hereto; (b) if such property shall not be held by such trustees upon either of the trusts referred to in the preceding sub-section then the same shall as from the date of such conveyance or transfer be held by the Union upon any express trusts to which the same was then subject and in so far as the said property was not subject to any express trusts shall be held upon such trusts as such local church may at any time thereafter declare such declaration to be made by resolution passed by not less than two-thirds of the members of the church in trust for whom or in trust for a purpose connected wherewith such property is held who are present and vote at a special meeting convened and held in the manner provided in clause 10 of Schedule "B" hereto relating to s. 4

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 7 the convening and holding of a special church meeting and in the meantime shall be held managed and dealt with in such manner as a majority of the members of such church who are present and vote at any general meeting may by resolution direct: Provided always that a minute of a resolution contained in the minutes of the meeting and signed by the chairman thereof shall be conclusive proof for all purposes that such meeting was duly convened and that such resolution was duly passed thereat by the requisite majority. 5. Execution of conveyance or transfer Such trustee or trustees shall not execute any such conveyance or transfer as aforesaid to the Union until he or they shall have been directed so to do by a resolution passed by not less than two-thirds of the members of the church in trust for whom or in trust for a purpose connected wherewith such real or personal property is held who are present and vote at a special meeting duly convened and held in the same manner as provided in clause 10 of Schedule "B" hereto relating to the convening and holding of a special church meeting: Provided always that a minute of the said resolution contained in the minutes of the meeting and signed by the chairman thereof shall be conclusive proof for all purposes that such meeting was duly convened and that such resolution was duly passed thereat by the requisite majority. 6. Members voting at church meetings Only such of the members present at any church meeting referred to in this Act as have attained the age of twenty-one years and who would be s. 5

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 8 entitled to vote at a special church meeting convened and held under the provisions of clause 10 of Schedule "B" hereto for any of the purposes therein mentioned shall be allowed to vote upon any resolution hereinbefore referred to. 7. Appointment of the Union as trustee Such conveyance or transfer of property subject as aforesaid shall be deemed to include an appointment of new trustees the Union being substituted for the individual trustees and such conveyance or transfer when completed and accepted by the Union shall from and after the date thereof operate as a discharge of all the individual trustees from any further duties under the trust. 8. Execution of conveyances or transfers in certain cases In case in relation to any conveyance or transfer as aforesaid any trustee or trustees in whose name or names the property stands shall refuse or neglect for one month after request by his or their co-trustee or co-trustees to execute such conveyance or transfer or shall in the opinion and belief of the representative for the time being of the Baptist Union of Victoria registered under Part II of the Religious Successory and Charitable Trusts Act 1928 be dead or unable to be found or absent from Victoria then such representative may execute such conveyance or transfer in lieu of such trustee or trustees: Provided always that the execution by such representative of a conveyance or transfer under any of the circumstances aforesaid shall be as valid and effectual for all purposes as if the same had been executed by the trustee or trustees refusing or neglecting to execute or being dead unable to be found or absent from Victoria as s. 7

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 9 aforesaid and the mere fact of execution by such representative shall be conclusive proof for all purposes that all matters and conditions preliminary to such execution by him as required by this section have duly occurred or have been duly complied with. 9. Register of successory trusts Where under or in pursuance of any of the provisions of this Act any property becomes vested in the Union the Register of Successory Trusts shall thereupon as to such property be closed and the Registrar of Titles shall upon production to him of any document of title endorsed under section sixteen of the Religious Successory and Charitable Trusts Act 1928 cancel such endorsement. 10. Powers of the Union as to property Except in so far as it may be shown to be expressly prohibited from so doing by the original trusts to which such property is subject the Union may demise for any term (whether upon building leases or other leases or tenancies) charge mortgage encumber give easements over alien exchange partition or sell any property vested in it and generally deal with the same as fully and effectually as if it were the beneficial owner thereof. 11. References to "Executive Committee" etc. Where any property is held by any person or persons as trustee or trustees in trust for any local church or for any purpose connected therewith under the provisions of the Model Deed of Trust numbered 5510 or the Model Deed of Trust numbered 6888 referred to in sub-section (2) of section three of this Act then any reference in either of such Model Deeds to the Executive s. 9

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 10 Committee of the Baptist Association of Victoria or the Executive Committee of the Baptist Union of Victoria shall in relation thereto be read and construed as from the coming into operation of this Act as the Executive Council of the Baptist Union of Victoria. 12. Alteration etc. of Schedule "B" The provisions of the statement of trusts set out in Schedule "B" to this Act may at any time and from time to time be altered modified or amended by the Union by resolution duly passed in accordance with the constitution.

s. 12

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 11 SCHEDULES SCHEDULE "A" I—NAME THE BAPTIST UNION OF VICTORIA II—CONSTITUENTS All Churches belonging to the Union and the Societies and Institutions, constituents of such Union or affiliated therewith at the date this Constitution becomes operative, the Trustees of the Victorian Baptist Fund, the Board of Trustees appointed by this Union on the 18th November, 1884, or their successors for the time being, together with such Churches, Societies, Institutions and Associations as shall be hereafter admitted or affiliated in conformity with this Constitution, and the by-laws hereinafter set forth. For the guidance of this Union, and of those who may hereafter constitute the same, it is hereby noted that this Union approves and adopts those doctrines which constitute the Doctrinal Basis of the Victorian Baptist Fund, and other Trust Funds, and the principles and ideals of the Baptist faith, both of which are as follows: III—DOCTRINAL BASIS

The Divine inspiration and supreme authority of the Scriptures of the Old and New Testaments.
The existence of One God in Three Persons—the Father, the Son, and the Holy Ghost.
The Deity and Incarnation of the Lord Jesus Christ, who is the Son of God, the second Person in the Holy Trinity.
The fallen, sinful and lost estate of all mankind.
The salvation of men from the penal consequences and the power of sin, through the perfect obedience of the Lord Jesus Christ, His atoning death, His resurrection from the Dead, His ascension to the right hand of the Father, and His unchanging Priesthood.
The immediate work of the Holy Spirit in the regeneration of men, in their sanctification, and in their preservation to the Heavenly Kingdom of the Lord Jesus Christ.
The necessity, in order to salvation, of repentance towards God, and of faith in the Lord Jesus Christ. Section 2. Sch. A

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 12 8. The resurrection of the Dead, the final judgment of all men by the Lord Jesus Christ. 9. The two ordinances of the Lord Jesus Christ, namely, Baptism and the Lord's Supper, which are of perpetual obligation—Baptism being the immersion of Believers upon the profession of their faith in the Lord Jesus Christ, and a symbol of the fellowship of the regenerate in His Death, burial and resurrection; the Lord's Supper being a memorial, until He come, of the sacrifice of the body and blood of the Lord Jesus Christ. IV—PRINCIPLES AND IDEALS OF THE BAPTIST FAITH Whilst holding many phases of Christian Truth, in common with other Denominations, Baptists place a distinctive emphasis upon the following fundamental principles of the Christian Faith, as revealed in the New Testament.

The Child in the Kingdom— (a) Baptists believe that infants are God's little ones, whether children of Christian or non-Christian parents, and accept without modification the word of the Lord. "Of such is the Kingdom of Heaven." This Christian view of the child makes the external act of "Infant Baptism" unnecessary; (b) Baptists approve of the presentation of children to God by parents, if thereby they solemnly undertake to train them in the nurture and admonition of the Lord, in the home, and in the Church.
The Significance of Conversion— (a) to all who at the stage of personal responsibility ignore God's law, and wander as prodigals from the Father's Home, Baptists preach the gospel of the Father's love, and the message of the Cross, as the Way of Life. Conversion is acceptance of Jesus Christ as Saviour and Lord; (b) this acceptance of Christ is a personal and deliberate act, involving the assent of the mind, the decisions of the will, and the love of the heart; (c) this avowal of allegiance to Christ implies a constant endeavour to live a life worthy of, and well-pleasing to Him in all things.
The Church—a Spiritual Society— Baptists hold that the Church, as established by the Lord Jesus Christ, should consist of persons who have personally and intelligently accepted Him as Saviour and Lord, and pledged themselves to discipleship and service in the Kingdom of God. Sch. A

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 13 4. The Lordship of Christ in the Church— (a) Baptists hold and teach that Jesus Christ alone is the Head of the Church, as He is Prophet, Priest and King of the Soul, without the intervention of any person or ritualistic ceremony; (b) therefore, He is the sole authority in all matters of faith and conduct, in the life both of the Church and of the individual; (c) this involves liberty of thought and of conscience, and the right of the believer and the Church freed from any ecclesiastical or other external authority, to interpret His mind. 5. The Standard of Belief— (a) believing that the voice of the Church is subordinate to the voice of Christ, and that the mind of the Master is the standard of Christian belief, Baptists do not subscribe to any formal Church Creed lest it hamper the development of Christian thought; (b) further, in their interpretation of the Lord's farewell declaration "When He, the Spirit of Truth, is come, He will guide you into all Truth," Baptists accept the principle that God has yet "more light and truth to break forth from His Word"; (c) therefore, Baptists claim the personal privilege, and accept the Christian responsibility of courageously thinking God's thoughts after Him, under the guidance and inspiration of the Spirit of Truth. 6. The Ministry of Leadership— (a) in adopting the Congregational Principles of Church government, with no formal creed, with no external authority, and no defined ecclesiastical polity, and each member having equal rights and responsibilities the Baptist Church is largely dependent on the reality and vigour of the spiritual life of its individual members; (b) this spiritual life is generated by the understanding and inspiration of Christ's ideals, and by the creation and maintenance of a spiritual atmosphere, in which all that is unworthy dies, and in which Christian life becomes healthy and aggressive; (c) the Baptist Minister accepts his office from the Lord of the Church, and while he is a "servant of the Church", the Church is not his master, He is the spiritual leader in the life and ministry of the Church; (d) associated with the Minister in the spiritual oversight of the Church are men and women chosen for their Christian gifts and graces, who are called to be examples to the members of the Church, in conduct, zeal, self-denial and generosity; Sch. A

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 14 (e) Church officers are appointed as spiritual leaders to work in sympathetic co-operation with the Minister and Church members; (f) the periodic Church Business Meeting is the centre of the Church's Christian activities, and is the seat of authority in the management of Church business. 7. The Christian Significance of Baptism— (a) Christian Baptism, by which is meant the immersion of believers as instituted by our Lord, is a personal, public confession of the believer's identification with Christ, and is a means of grace to the Christian; (b) Baptism is an outward act which symbolizes, but does not effect regeneration and salvation is not dependent on it; (c) Baptism is a glorious privilege and a personal responsibility and is a help to the believer in reminding him of his spiritual union with Christ in His death, burial and resurrection. 8. The Fellowship of the Lord's Supper— (a) to Baptists the Church is not so much an organization as a fellowship, effective only as there is spiritual association with the Head of the Church; (b) the Lord's Supper is a service of spiritual fellowship whereby through remembrance of His Life and Death, believers may experience in supreme degree the reality and influence of His Presence; (c) it is an opportunity of entering into close fellowship with the Lord in the Holy of Holies, where there is a rekindling of love and a reconsecration of life to His service. 9. The Church and the Kingdom— Baptists recognize their responsibility to strive for the establishment of the Kingdom of God in the world, and teach that membership in the Church implies service and sacrifice. This involves a stewardship of time, talents, and money, worthy of the Son of God who loved and served mankind, even unto Death. V—OBJECTS OF THE UNION

To promote the unity of the Churches in faith, fellowship and worship.
Church Extension— (a) by establishing, taking over, assisting, and/or maintaining Churches in suitable localities in Victoria and in adjoining States, with the consent of the State Union concerned; Sch. A

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 15 (b) by assisting in the erection of buildings for Church, School and other Denominational purposes; (c) by assisting, when necessary, the Churches in the maintenance of their Ministers. 3. To carry on Home Mission work. 4. To establish and conduct Denominational Schools or Colleges and Hostels. 5. To carry on any work for the physical, mental, and spiritual welfare of children, whether by way of Free Kindergarten or otherwise. 6. To give assistance to necessitous Churches. 7. To carry on Foreign Mission work. 8. To educate students for the ministry. 9. To assist aged and infirm Ministers and Home Missionaries, their widows and/or children. 10. To establish and administer any fund or funds for the benefit of Ministers and Home Missionaries, their widows and/or children, whether by way of a pension or annuity scheme or otherwise. 11. To provide for properties being held in trust for the Churches, Societies, and Institutions of this Union and to protect the interests of the Churches, Societies and Institutions, in reference to Trusts for Church, School, or any other purpose whatsoever connected with this Union. 12. To become a constituent of or associated with any federated body or bodies of or created by the Baptist Union of the States of Australia or any of them, and to delegate to such body or bodies any of the activities of this Union, and to transfer to such body or bodies any of the funds of this Union. 13. To give advice and guidance to Churches which are or are about to become pastorless, and to Ministers and Churches in circumstances of difficulty. 14. To aid in the promotion of public morality and social reform. 15. To collect and disseminate information relative to the history, condition, and activities of Baptists throughout the world, and to promote fraternal intercourse between Baptists in Victoria and elsewhere. 16. To afford opportunity for conference and for public declaration of principles and opinion; and to confer and co-operate with other Christian communities as occasion may require. 17. Generally to devise and carry out such schemes as may be found to be of benefit to the Denomination. Sch. A

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 16 VI—OPERATIONS The Union shall act through its Assembly, Officers, Executive Council, Committees and Departments and Constituent Bodies. VII—ASSEMBLY The Assembly shall consist of such of the following as shall be members of a Baptist Church belonging to the Baptist Union of Victoria:

The Officers of the Union.
(a) Ministers of or belonging to the Baptist Union of Victoria whose names are on the official list referred to in the by-laws; or (b) who have been commended to the confidence of the Churches, and registered for the celebration of marriages.
Home Missionaries on the Home Mission Staff, and whose appointment has been approved by the Executive Council.
Chairman, Secretary and Treasurer of each Committee, or Department affiliated or constituent body other than Churches of the Union.
Delegates appointed by the Churches of the Union.
Members of the Advisory Board.
Trustees for the time being of the Victorian Baptist Fund.
The Board of Trustees appointed by this Union on the 18th November, 1884, or their successors for the time being.
The Principal and Professors for the time being of the Baptist College of Victoria.
The Principal for the time being of the Carey Baptist Grammar School, and any other school or schools that may hereafter become affiliated with the Union.
Honorary Members who shall be persons who have rendered important services to the Denomination, provided always that the number of Honorary Members shall not at any time exceed ten (10). The Annual Session of the Assembly shall be held in the month of October each year, in such place as the Executive Council (hereinafter named) shall determine. There shall also be a half-yearly Session held at such time and in such place as the said Council shall determine. The Council shall have power, from time to time, to convene any other Session at such time and place as it shall determine. Thirty members shall form a quorum. Sch. A

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 17 VIII—OFFICERS The Officers of the Union shall be President, Vice-President, immediate past President, Treasurer, General Secretary, Hon. Legal Adviser, and any other person who shall be appointed to an office permanently created by the Union at an Annual Session of the Assembly (all of whom shall be elected as provided in the By-laws) and the Representative for the purposes of the Trusts Act 1915, and of any other Act of Parliament that may be hereafter passed, who shall hold office during the pleasure of the Assembly. IX—EXECUTIVE COUNCIL AND COMMITTEES The Executive Council shall consist of such of the following as shall be members of a Baptist Church belonging to the Baptist Union of Victoria:

Officers of the Union.
Honorary Members of the Assembly.
Trustees for the time being of the Victorian Baptist Fund.
The Board of Trustees appointed by this Union on the 18th November, 1884, or their successors for the time being.
Members of the Advisory Board.
Ministers of or belonging to the Baptist Union of Victoria— (a) whose names are on the official list referred to in the By-laws; or (b) who have been commended to the confidence of the Churches and registered for the celebration of marriages.
Home Missionaries on the Home Mission Staff, and whose appointment has been approved by the Executive Council.
Chairman, Secretary and Treasurer of each Committee, Department affiliated, or constituent body other than Churches of the Union.
The Principal and Professors for the time being of the Baptist College in Victoria.
The Principal for the time being of the Carey Baptist Grammar School and any other school or schools that may hereafter become affiliated with the Union.
One representative from each Church having twenty-five or less members, and an additional representative for every hundred members or part thereof above the first twenty-five.
Not more than ten (10) special members appointed by the Executive Council for a term not exceeding twelve months and who shall be eligible for re-appointment. Twenty-five shall form a quorum. Sch. A

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 18 The Executive Council shall partly or wholly from its members appoint persons to serve on the Committees, as provided in the said By-laws. X—FINANCE AND PROPERTY The Funds of this Union shall consist of private donations, bequests, collection at Meetings of the Union, and contributions from the Churches, each contributing donor, subscriber, Church, Society, or Institution to have the right to designate the branch of the work of the Union which it is desired to aid. Separate accounts shall be kept of the Funds dealt with by each Committee named in the By-laws; and accounts certified by auditors appointed by the Council shall be presented to every Annual Session of the Assembly. XI—REPORTS Reports, setting forth the receipts, expenditure, financial position and proceedings of each Committee and Department, as well as information respecting matters demanding the attention of the Constituents, together with statistics and letters relative to the condition and progress of each associated Church, Society or Institution, shall be prepared and submitted to the Annual Session of the Assembly. There shall also be interim reports thereon submitted to the Half-yearly Session. XII—BY-LAWS By-laws for carrying out this Constitution may be made, rescinded, or altered by the Assembly at an Annual Meeting. No addition or alteration shall be made except after three months' notice in writing has been given to the Executive Council. XIII—ALTERATION OF CONSTITUTION No change in this Constitution shall be made except by the approval of two- thirds of the members present and voting at an Annual Session of the Assembly, written notice of the proposed change having been given at the preceding Annual or Half-yearly Sessions of the Assembly. XIV—OPERATION This Constitution and the By-laws above referred to shall become operative as from the 31st day of October, 1928.

Sch. A

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 19 SCHEDULE "B" THE UNION shall hold and stand seised and possessed of the land hereditaments and premises UPON THE TRUSTS and for the intents and purposes and with under and subject to the powers declarations and provisoes hereinafter declared and contained (that is to say)—

To build or permit to be built upon the land a Chapel and schoolroom and residence and such other buildings as may be convenient or any of them and to permit the said land with the Chapel and other buildings erected thereon and any other buildings that may hereafter be erected thereon (all of which are hereinafter referred to as "the trust premises") to be used occupied and enjoyed under the direction of the Church for the time being assembling for worship therein (the said Church being such as those from time to time belonging to the Baptist Union of Victoria and possessing nevertheless the powers set out in Clause 2 hereof) as a place for the public worship of God and for Sunday and daily tuition or instruction and as a residence and generally for such other purposes as the said Church shall direct and under the direction of the said Church to permit any such Chapel or other buildings to be completed repaired altered enlarged taken down and wholly or partially rebuilt.
The said Church shall be governed on Congregational principles that is the members of the Church for the time being shall subject to the provisions of Clause 10 hereof have full power to manage all their affairs according to their uncontrolled discretion in every respect.
To permit the Deacons or other persons appointed for the purpose by the said Church to receive all moneys for the use of pews and sittings or otherwise given or paid for the purposes aforesaid which moneys shall be applied and disbursed as the said Church shall from time to time direct.
To permit such persons only to officiate or reside in or upon any of the trust premises as Pastors as shall be Baptists and as shall have been chosen by the said Church at a Special Meeting duly convened and held for that purpose as provided in Clause 10 hereof (and shall not have been subsequently dismissed as hereinafter mentioned or shall not have resigned the said office of Pastor) and who shall moreover hold preach teach and maintain the doctrines and practices following (that is to say)— (a) the divine inspiration and supreme authority of the Scriptures of the Old and New Testaments; (b) the existence of One God in Three Persons—the Father, the Son, and the Holy Ghost; Sections 2, 4, 5, 6, 12. Sch. B

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 20 (c) the Deity and Incarnation of the Lord Jesus Christ, who is the Son of God, the Second Person of the Holy Trinity; (d) the fallen, sinful, and lost estate of all mankind; (e) the salvation of men from the penal consequences and the power of sin through the perfect obedience of the Lord Jesus Christ, His atoning death, His resurrection form the dead, His ascension to the right hand of the Father, and His unchanging Priesthood; (f) the immediate work of the Holy Spirit in the regeneration of men, in their sanctification, and in their preservation to the heavenly kingdom of the Lord Jesus Christ; (g) the necessity, in order to salvation, of repentance towards God and of faith in the Lord Jesus Christ; (h) the resurrection of the dead, and the final judgment of all men by the Lord Jesus Christ; (i) the two ordinances of the Lord Jesus Christ, namely, Baptism and the Lord's Supper, which are of perpetual obligation: Baptism being the immersion of believers upon the profession of their faith in the Lord Jesus Christ, and a symbol of the fellowship of the regenerate in His death, burial, and resurrection; the Lord's Supper being a memorial, until He come, of the sacrifice of the body and blood of the Lord Jesus Christ— and who shall with regard to Baptism observe and practice it by immersion only. And to remove and in all lawful ways eject from the trust premises any Pastors whom the said Church at a Special Meeting duly convened and held as provided in Clause 10 hereof shall dismiss and the Union shall not permit to officiate or reside in or upon any of the trust premises as Pastor any person who shall be known to be guilty of immoral conduct or who shall cease to be a Baptist or who shall have been dismissed as last aforesaid but shall permit such other Ministers or persons to officiate occasionally in the Chapel on the trust premises as the Pastor or Pastors or Deacons shall authorize or appoint unless the said Church shall otherwise direct. 5. To raise and borrow such sum or sums of money and upon such terms as shall be directed by the said Church at a Special Meeting duly convened and held as provided in Clause 10 hereof and as circumstances will permit upon or by mortgage or further charge or otherwise on the security of the trust premises or any part thereof and to execute all necessary or proper documents for such purpose. Sch. B

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 21 6. In such manner and on such terms and subject to such conditions as the title or otherwise as shall be directed as last aforesaid to create easements or to construct roads and absolutely to sell the trust premises or any part thereof either together or in parcels and either by public auction or by private contract or to exchange the same or any part thereof for any other land or hereditaments and in the said respective cases to convey assure or transfer the same accordingly. 7. To stand possessed of the money which from time to time shall or may be borrowed raised or received by way of mortgage or upon any sale or exchange or otherwise under or in pursuance of the trusts or powers aforesaid or which may be received in respect of any Insurance Policy upon the trust premises. Upon trust to lay out and apply the same in or towards the erection of a Chapel on the said land or the enlargement rebuilding improvement or repair of the Chapel or other buildings standing on the said land or the purchase of any other land or hereditaments or otherwise for the benefit of the said Church such expenditure and application being for purposes not inconsistent with these presents and being directed by the said Church at a Special Meeting duly convened and held as provided in Clause 10 hereof. And such moneys or any part thereof until required for the purposes of this clause may be invested in such Real or Government security in the State of Victoria as to the Union shall seem fit and the annual income shall be applied in such manner as the said Church shall from time to time direct at any Church Meeting. Any lands or hereditaments which shall be acquired by virtue of these presents shall be held by the Union upon the trusts herein contained. 8. From time to time to demise or let the trust premises or any part or parts thereof when for such period at such rent and upon such terms and conditions as shall be directed by the said Church at a Special Meeting duly convened and held as provided in Clause 10 hereof and for such purposes to execute all necessary or proper documents. But it is expressly declared that the reversion in the premises so demised or let shall continue subject to all the powers herein contained. And that any rent received shall be applied in such manner as the said Church shall from time to time direct at any Church Meeting. 9. The receipts of the Union for any mortgage sale exchange rent or other moneys payable in respect of the trust premises shall exonerate the person paying the same from all liability to see to the application thereof and it shall not be incumbent on any mortgagee purchaser or tenant or lessee of the said premises or any part thereof or on any person taking the same on exchange to inquire into the necessity or propriety of any such mortgage sale demise letting or exchange or its due authorization. 10. The Special Meetings of the said Church referred to in Clauses 4, 5, 6, 7, 8, and 13 hereof may be convened at any time by or by the authority of the Deacons for the time being of the said Church by or by the Sch. B

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 22 authority of the Pastor alone if there shall be no Deacons or if there shall be no Deacons or Pastor or being such if they or he shall not duly convene such Meeting forthwith after written request to them or him to do so from any one-sixth or more of the members for the time being of the said Church or from the Union then by or by the authority of such one-sixth or more members or (as the case may be) by or by the authority of the Union. Every such Special Church Meeting as aforesaid shall be convened by public notice specifying the time and place of holding such Meeting and the purpose thereof given in the Chapel or building for the time being upon the said land and hereditaments once at each service held on each of the two Lord's Days next preceding such Meeting at the usual time for giving notices during Divine service or by written notices affixed conspicuously to the said Chapel or the principal building (or if there be no Chapel or building then upon the land) and such meeting shall not be held earlier than the second day next following the latter of such Lord's days or the fourteenth day after the affixing of such notices. Those persons only shall be entitled to make request for such Special Meetings or to vote thereat who have been members of the said Church for the space of at least six months and have attained the age of twenty-one years and have been present at the Communion of the said Church at the Lord's table once at least during the preceding six months. The vote of two-thirds at least of such members so entitled to vote as shall be personally present and vote at such Special Meeting of the said Church duly convened and held as in this clause provided shall for the purposes hereof be deemed and taken to be the vote of and bind all the members of the said Church. At every such Special Meeting a Chairman shall be appointed before proceeding to business. The provisions in this Clause contained for calling and regulating Special Church Meetings shall not apply to the Ordinary Meetings of the said Church for the management of its internal affairs. 11. A memorandum or minute signed by the Chairman of any Church Meeting for any of the purposes aforesaid of any resolution or resolutions adopted or business transacted thereat shall for all purposes of mortgage sale demise letting exchange or any other of the purposes of these presents be deemed conclusive evidence of the due adoption of such resolution or resolutions and of the transaction of such business at a duly convened and duly held Meeting and it shall be presumed that the person subscribing such memorandum or minute as Chairman was duly appointed to that office. 12. All which has been properly done or may be properly in course of action at the date of the adoption of these presents in or relating to any of the matters herein referred to or the trust premises shall be as valid and binding as if done under these presents and in accordance with the directions herein contained. Sch. B

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 23 13. In addition and without prejudice to the power hereinbefore contained in case the Union shall be required to pay any money for which it shall be liable and the same shall not be duly provided by the said Church or otherwise than by such Union it shall be lawful for it without the consent request or direction of the said Church or any member thereof after the expiration of Six calendar months' written notice from the Secretary of the Union to the Deacons or officers for the time being of the said Church if there shall be any such Deacons or officers requiring payment of such money and stating the intention of the Union in case payment thereof be not made to it within Six calendar months of the service of such notice to mortgage or sell all or any part of the trust premises so to mortgage or sell the same when and in such manner in all respects as the Executive Council of the Union shall think proper and out of the proceeds thereof to pay all expenses of and incident to such mortgage or sale and fully to reimburse and indemnify the Union so liable and then to dispose of the net residue thereof (if any) as the said Church shall direct at a Special Meeting duly convened and held as provided in Clause 10 hereof. 14. In the event of the removal of the said Church to another locality the power hereby vested in the said Church in regard to the trust premises shall not thereby be suspended or in any manner impaired or affected. 15. Provided lastly that until a Church has been duly formed such as those from time to time belonging to the Baptist Union of Victoria or in case the Church so formed or the Church already existing shall at any time hereafter be dissolved or dispersed or the members thereof be reduced to five in number or if the stated Public Worship of God in the trust premises shall be discontinued for Six calendar months continuously (except in the case of altering or rebuilding) then and in any of such cases the Union shall stand seised and possessed of the trust premises or the proceeds to arise from all or any part of the same in trust for such purpose or purposes and to deal with and dispose of the trust premises and proceeds as and in such manner as the Executive Council of the Union if then in existence shall direct by resolution passed by a majority of two-thirds of the members of the said Council present and voting at a Special Meeting called for the purpose thereof and certified under the hand of the President for the time being of the Union or if such Union be not then in existence then as the Pastors of the five Baptist Churches connected with the Union at the date of its ceasing to exist then in existence nearest to the trust premises shall in their discretion direct or appoint by writing under their hands.

Sch. B

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 24 SCHEDULE "C" REAL ESTATE Description of Land Persons in Whom Vested Title Reference

Part Crown Allotments 19 and 20 Section 81 Town of North Melbourne Parish of Jika Jika County of Bourke Joseph Hunter Goble, Edward Doery, Andrew Duncan, Arthur Parker and Abia Neville Certificates of Title Volume 1706 Folio 341170 and Volume 2574 Folio 514741
Parts Crown Allotments 5 and 6 Section 30 at Carlton Parish of Jika Jika County of Bourke George Lush, William Henry Garibaldi Ellingworth and George Henry Doery Certificate of Title Volume 4490 Folio 897842
Lot 15 on Plan of Subdivision Number 5338 lodged in the Office of Titles being part of Crown Allotment 7 Section 2 Parish of Frankston County of Mornington William Montague Cartwright, Frank Stone and George Henry Doery Certificate of Title Volume 3983 Folio 796574
Part Crown Portion 71 Parish of Boroondara County of Bourke Alfred Fairey Fullard, Frederick William Biggs, Alfred Albert Milton Spicer and Leonard Evenden Tranter Certificate of Title Volume 3451 Folio 690021
Part Crown Portion 71 Parish of Boroondara County of Bourke Leonard Evenden Tranter, Alfred Milton Spicer, Frederick William Biggs and Alfred Fairey Fullard Certificate of Title Volume 5148 Folio 1029453 Section 3. Sch. C

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 25 Description of Land Persons in Whom Vested Title Reference 6. Lots 1, 2, 3 and 4 Plan of Subdivision Number 10930 lodged in Office of Titles being Crown Allotment 21 and part of Crown Allotment 22 Section 81 at North Melbourne Parish of Jika Jika County of Bourke Joseph Hunter Goble, Edward Doery, Andrew Duncan, Arthur Parker and Abia Neville Certificate of Title Volume 5124 Folio 1024769 7. Surface and down to a depth of 50 feet below the surface of Lot 17 on Plan of Subdivision Number 8407 lodged in Office of Titles being part of Crown Allotment 6 Section F Parish of Monbulk County of Evelyn William Henry Garibaldi Ellingworth, Edmund Henry Jenkin, Percy John King, Daniel McRorie and William John Moore Certificate of Title Volume 5253 Folio 1050506 MORTGAGE SECURITIES Description of Land Persons in Whom Vested Registered Number

Second mortgage from Francis Clemens of land comprised in Certificate of Title Volume 4045 Folio 808806 Edmund Henry Jenkin, Arthur Ernest Gordon Webb, William Henry Garibaldi Ellingworth and William Gallant 485352
First mortgage from Mary Sophia Thompson of land comprised in Certificate of Title Volume 3789 Folio 757604 Edmund Henry Jenkin, Arthur Ernest Gordon Webb, Daniel McRorie and Percy John King 546696 ═══════════════ Sch. C

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 26 ENDNOTES

General Information The The Baptist Union Incorporation Act 1930 was assented to on 24 December 1930 and came into operation on 24 December 1930. Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 27 2. Table of Amendments There are no amendments made to the The Baptist Union Incorporation Act 1930 by Acts and subordinate instruments. Endnotes

Victorian Legislation and Parliamentary DocumentsAct No. 3903/1930 The Baptist Union Incorporation Act 1930 28 3. Explanatory Details No entries at date of publication. Endnotes

1 The Baptist Union Incorporation Act 1930

Victorian Legislation and Parliamentary Documentsi Version No. 001 The Baptist Union Incorporation Act 1930 Act No. 3903/1930 Version as at 13 October 1999 TABLE OF PROVISIONS Section Page

Short title 2
Incorporation and seal of the Baptist Union of Victoria 3
Vesting of property etc. in the Union 4
Property held on trust 6
Execution of conveyance or transfer 7
Members voting at church meetings 7
Appointment of the Union as trustee 8
Execution of conveyances or transfers in certain cases 8
Register of successory trusts 9
Powers of the Union as to property 9
References to "Executive Committee" etc. 9
Alteration etc. of Schedule "B" 10

SCHEDULES 11 SCHEDULE "A" 11 SCHEDULE "B" 19 SCHEDULE "C" 24 ═══════════════ ENDNOTES 26

General Information 26
Table of Amendments 27
Explanatory Details 28

The Act organises a set of legal concepts around corporate status, trusts, vesting mechanics, internal denominational governance, and land title administration. Those concepts appear repeatedly in the statute and in the Schedules; the key concepts and their statutory loci are as follows.

Corporate incorporation and corporate powers: The Union is incorporated by s 2(1), given perpetual succession, a common seal and the capacity to sue and be sued. Section 2(1) gives the Union broad property powers,acquire, sell, mortgage, encumber, exchange and otherwise deal with real and personal property, subject to Act provisions.
Executive Council as decision-maker and seal custodian: The Executive Council (as defined in s 2(1) and reflected throughout Schedule A) has custody and use of the seal and controls property matters in practice (s 2(1)-(2); s 3(4); s 10). Schedule A outlines the composition, quorum, and meeting mechanisms for the Executive Council and Assembly (Sch A VII-IX).
Vesting by operation of law: Section 3 operates to vest the estate and interest of named persons listed in Schedule C, and other property held in trust for the denomination or certain of its constituent societies, in the Union by operation of the Act without need for conveyance, subject to specified exceptions (s 3(1)-(2)). Properties registered under the Transfer of Land Acts are to be registered to the Union on application and proof (s 3(3)).
Vesting by conveyance and substitution of trustees: Sections 4-5 and 7 set out how trustees may convey or transfer property to the Union and that such conveyance operates as an appointment of new trustees, substituting the Union and discharging individual trustees from further duties (ss 4-5, s 7). Trustees must obtain a specified level of church approval (generally two-thirds at a special meeting; see s 4(a)-(b), s 5).
Trusts and Model Deeds: Schedule B contains the statement of trusts to apply to trust premises, including permitted uses, governance by congregational principles, permissive powers to mortgage, sell and invest, and special meeting procedures (Sch B cll 1-15). Section 4 specifies that where property is held on the Model Deed trusts mentioned in s 3(2), it will be held by the Union on the trusts in Schedule B (s 4(a)).
Special meeting, voting qualifications, and conclusive minutes: Special meetings of churches are central to authorising many trust dealings. Schedule B clause 10 sets out the requisition, notice and voting rules for special meetings; only members aged 21+ who meet additional conditions may vote (s 6; Sch B cl 10). Schedule B clause 11 and ss 4-5 provide that a minute signed by the chairman is conclusive evidence of due convening and passing of resolutions.
Interaction with other statutory records and authorities: The Act imposes steps for stamping registry records,Registrar of Titles registration (s 3(3)), closure of the Register of Successory Trusts for vested property and cancellation of endorsements under s 16 of the Religious Successory and Charitable Trusts Act 1928 (s 9). Sch A VIII references the Trusts Act 1915 and appoints a “Representative for the purposes” of such Act, indicating cross-referencing to then-applicable trust legislation.
Residuary powers where church dissolved or inactive: Schedule B clause 15 explains how trust premises are to be held or disposed of if a church dissolves, has fewer than five members, or worship ceases for six continuous months, with direction by a two-thirds Executive Council resolution or by five nearby pastors if the Union does not exist (Sch B cl 15).
Amendment of trust terms by the Union: Section 12 allows the Union to alter, modify or amend the statement of trusts in Schedule B by resolution “duly passed in accordance with the constitution.” The constitution in Schedule A sets out rules for altering the constitution by two-thirds at an Annual Session (Sch A XII-XIII), and by-laws require three months’ notice (Sch A XII).

These concepts connect: corporate powers and the Executive Council interact with trust terms in Schedule B and the constitution in Schedule A; vesting mechanics affect title records under the Transfer of Land Acts and successory trust records; and internal thresholds (two-thirds votes, special meeting notice rules) condition the Union’s ability to acquire church property or to act with respect to trust premises. Each statutory provision should be read against these mechanisms: e.g., s 3(4) conditions the Union’s treatment of property on whether the property is subject to an express trust; Sch B constrains what the Union may do in relation to “trust premises” held under those Model Deeds.

The Act creates concrete rights, obligations and decision points for several identifiable groups and public offices. The text identifies these groups explicitly and specifies the legal effect on each.

Members of Baptist churches in Victoria who meet the doctrinal and constitutional definitions: The Act defines corporate membership to be “all persons who from time to time in accordance with the constitution for the time being thereof are members” of the denomination adhering to doctrines in Schedule B (s 2(1)). Schedule A defines who constitutes the Assembly and who is entitled to participate in governance (Sch A VII).
Local churches and their members: Churches that are constituents of the Union (local churches) are affected because property previously held for those churches under deeds of trust can vest in the Union (s 3(2); s 4). Clause 10 of Schedule B prescribes voting qualifications and meeting procedures that limit which members may authorise transfers, mortgages or other dealings (Sch B cl 10; s 6).
Existing trustees (individual trustees): Individuals named as trustees in trust instruments, or trustees appointed under Model Deeds, are directly impacted. Schedule C lists specific trustees whose estate and interest vest in the Union (s 3(1) and Sch C). Trustees can convey property to the Union under ss 4-5, and upon completion and acceptance by the Union the Union substitutes for them and their duties cease (s 7). If trustees refuse or cannot be found, a registered representative of the Union may execute conveyances in their stead (s 8).
The Executive Council of the Union: The Executive Council is central. It holds custody and use of the seal (s 2(1)-(2)), directs how non-express-trust property is held and applied (s 3(4)), may deal with property as if beneficial owner unless express trusts prohibit (s 10), and is empowered to pass resolutions affecting trust premises in certain circumstances (Sch B cll 13, 15). Schedule A specifies composition, quorum and functions of the Executive Council (Sch A IX).
Pastors and Deacons: Schedule B details conditions on who may officiate or reside as Pastor in trust premises (Sch B cl 4). It empowers Deacons to convene Special Meetings and receive moneys (Sch B cll 3, 10). Pastors are relevant to the fallback mechanism in Sch B cl 15 (five pastors directing disposition if the Union is not in existence).
Registrars and land registries: The Registrar of Titles and the Register of Successory Trusts are affected: s 3(3) requires the Registrar to register the Union as proprietor on proof and fees; s 9 requires closure of the Register of Successory Trusts for vested property and cancellation of endorsements where appropriate, referencing s 16 of the Religious Successory and Charitable Trusts Act 1928.
The Victorian Baptist Home Missionary Society and constituent committees: The Act expressly vests property held for the Victorian Baptist Home Missionary Society and for certain committees in the Union (s 3(1)). Thus, bodies that formerly held property for those purposes will no longer hold title as before.
Donors, mortgagees, purchasers, tenants: Sch B cl 9 provides that receipts given by the Union for mortgage, sale, exchange, rent or other moneys payable in respect of the trust premises will exonerate the payer from liability to see to the application of proceeds. Purchasers, mortgagees or tenants need not enquire into necessity or propriety of the Union’s authorising resolution, which affects commercial counterparties.
Persons with an interest in the Victorian Baptist Fund: The Act excludes the Victorian Baptist Fund from the automatic vesting provision in s 3(1); the Fund is specifically named as not included, meaning existing arrangements for that Fund remain unaffected by the automatic vesting provision (s 3(1) parenthetical exclusion).

Who pays and who decides: The Union (through the Executive Council) is the decision-maker for most property dealings once property vests (s 3(4), s 10). The Union may also bear costs and, per Sch B cl 13, may itself pay liabilities and then recover by mortgaging or selling trust premises if the local church fails to provide funds after six months’ written notice. Trustees, church members (through special meetings), and the Executive Council are the decision nodes that govern transfers and use of property.

The Act distributes duties and rights to the Union, trustees, church members, the Executive Council and public registries. These are statutory duties and entitlements; the text sets out how they must be exercised and the conditions that trigger or limit them.

Rights and powers conferred on the Union

Corporate powers: As a body corporate, the Union may take, receive, hold and enjoy real and personal property, make by-laws and alter its constitution (s 2(1)). It may sue and be sued and otherwise exercise corporate capacities.
Property dealing powers: Subject to express trust prohibitions, the Union may demise, lease (including building leases), charge, mortgage, encumber, grant easements over, alienate, exchange, partition or sell property vested in it, and generally deal with it “as fully and effectually as if it were the beneficial owner thereof” (s 10). Schedule B sets out similar powers in relation to “trust premises” (Sch B cll 5-8, 13).
Custody and use of the common seal: The Executive Council has custody and use of the seal, and a majority of council members present at a meeting may authorise its use; the seal must be affixed pursuant to a resolution and attested by two council members and the President or Secretary, who sign the document (s 2(1)-(2)).

Duties and constraints on the Union

Respect express trusts: Where property becomes vested and is subject to express trusts, the Union must hold it “in conformity with such express trust” (s 3(4)). Where not subject to express trust, the Union holds and deals with it as the Executive Council directs.
Dealing with trust premises: Schedule B prescribes permissible uses (worship, teaching, residence) and governance (congregational principles), requires special meeting authorisations for major actions, and sets procedural safeguards (Sch B cll 1-11). The Union’s powers in Sch B include investing proceeds and applying income per church direction (Sch B cll 7-8).

Trustees’ duties and rights

Conveyance and substitution: Trustees holding estate or interest on trust for churches may convey or transfer to the Union and, on such conveyance, the Union is appointed as successor trustee and the individual trustees are discharged from further duties (ss 4, 7).
Preconditions on trustees executing transfers: Trustees must not execute a conveyance until directed by a resolution passed by not less than two-thirds of the church members present and voting at a special meeting convened per the rules in Sch B cl 10 (s 5). A minute signed by the chairman is conclusive proof of due convening and passage (s 5 proviso; Sch B cl 11).

Church members’ voting rights and obligations

Voting qualifications: Only members aged 21 or over who would be entitled to vote at a special church meeting convened under Sch B cl 10 may vote on resolutions contemplated in ss 4-5 (s 6). Sch B cl 10 elaborates further membership prerequisites: at least six months’ membership, attendance at Communion at least once in last six months, etc.
Convening special meetings: Deacons, the Pastor (if there are no Deacons), one-sixth or more of the members, or the Union may convene Special Meetings under Sch B cl 10. Special meetings are required to authorise key dealings such as selecting pastors (Sch B cl 4), borrowing or mortgaging (Sch B cl 5), sale or exchange (Sch B cl 6), application of borrowed funds (Sch B cl 7), letting (Sch B cl 8), and other matters specified in Sch B cll 4-8 and 13.

Registrar and registry duties

Registration of title: Where property vested in the Union under s 3 consists of property registered under the Transfer of Land Acts, the Registrar of Titles must, on production of proof and payment of fees, give effect to the vesting by registering the Union as proprietor (s 3(3)).
Closure of Register of Successory Trusts: Where property becomes vested in the Union under the Act, the Register of Successory Trusts shall be closed as to that property and the Registrar of Titles must cancel endorsements made under s 16 of the Religious Successory and Charitable Trusts Act 1928 upon production of the relevant document of title (s 9).

Other explicit duties and rights

Representative’s power to execute where trustee absent or refuses: If a trustee refuses to execute transfer after one month’s request, or is dead, unfindable, or absent from Victoria, the registered representative of the Baptist Union under Part II of the Religious Successory and Charitable Trusts Act 1928 may execute the conveyance in their stead; such execution is conclusive proof that conditions were complied with (s 8).
Power to act if church defaults: Under Sch B cl 13, if the Union is required to pay sums for which the church is liable and the church does not provide funds within six months of written notice from the Union, the Union may, without the church’s consent, mortgage or sell the trust premises and apply proceeds to indemnify itself and to meet its liability, with any residue to be disposed of as the church directs at a special meeting.
Conclusive minutes: Minutes signed by the chairman at Church meetings are made conclusive evidence for purposes of mortgage, sale, demise, letting, exchange and other powers (Sch B cl 11). Similarly s 4 and s 5 include provisos that a minute signed by the chairman is conclusive proof.

These duties and rights create a legal structure that transfers practical control and commercial capacity (borrowing, mortgaging, sale) over many church properties to the Union and its Executive Council, while imposing procedural constraints (special meetings, two-thirds resolutions, minutes) designed into the act and Model Deeds.

The Act does not create a catalogue of criminal offences or express monetary penalties. It instead operates through civil legal mechanisms and property law consequences to enforce compliance and to effect vesting and transfer.

Enforcement channels and mechanisms contained in the Act

Civil enforceability of trusts and property rights: The Act gives parties civil rights that can be enforced in courts; e.g., trustees’ duties and the Union’s obligations to hold property subject to express trusts can be enforced as trust obligations by aggrieved beneficiaries through equitable remedies. The Act itself grants the Union capacity to sue and be sued (s 2(1)), which implies civil enforcement will occur in the ordinary courts.
Conclusive proof provisions to preclude collateral challenges: The Act makes certain procedural records conclusive evidence. Minutes signed by a chairman of a meeting are “conclusive proof for all purposes” that the meeting was duly convened and that the resolution was duly passed (s 4 proviso; s 5 proviso; Sch B cl 11). The signature of chairman functions as evidential closure for third parties and reduces litigation risk on preliminary matters such as proper notice and quorum.
Registrar-based enforcement: Registry processes are used to effect legal status changes,Registrar of Titles must register the Union as proprietor when property vests (s 3(3)); closure of the Register of Successory Trusts and cancellation of endorsements act as administrative enforcement of the vesting and substitution of trustees (s 9).
Replacement execution by a Union representative: Section 8 supplies a mechanism to circumvent recalcitrant or absent trustees by authorising a registered representative of the Union to execute conveyances on trustees’ behalf; the Act declares such execution “as valid and effectual for all purposes” and conclusive proof that preconditions were met. This reduces the potential for deadlock and makes transfer effective without needing coercive remedies against refusing trustees.
Presumptions for purchasers and mortgagees: Schedule B cl 9 immunises purchasers, mortgagees, tenants and others taking from liability to enquire into the authority or necessity for the Union’s disposal, mortgage or letting of trust premises. This provision decreases risk for commercial counterparties and supports market transactions relying on the Union’s representational authority.

Absence of criminal sanctions

No statutory penalties: The Act contains no express criminal penalties, fines or specified administrative sanctions for non-compliance with its internal provisions. It relies on civil title effects and trust law remedies rather than penal enforcement.

Practical enforcement implications

Reliance on registry changes and conclusive minutes reduces the discrete litigation triggers that might otherwise arise over technical regularity: third parties transacting with the Union rely on registrar entries and chairman-signed minutes as conclusive; beneficiaries or members seeking to challenge union action would typically have to bring an equitable suit, for example for breach of trust or to set aside a transaction on grounds of fraud or manifest ultra vires conduct.
Where a Union representative executes conveyances under s 8, the Act treats that act as conclusive; challenges to the representative’s power would therefore confront a statutory presumption of validity.

Users of the Act should expect enforcement to be through civil litigation to enforce trust obligations, equitable remedies, and through registry updating as an administrative enforcement tool. The Act’s conclusive evidentiary provisions (minutes, representative execution) lower the litigation bar for third parties and make title changes administratively robust; however, they do not remove common-law equitable remedies where there is fraud, serious breach of trust or other unconscionable conduct.

The Act explicitly references and operates in the context of contemporaneous Victorian statutory frameworks relating to land transfer, successory trusts, and trusts generally. The Act does not purport to displace all other legislation; rather it prescribes steps to coordinate vesting and registration with existing statutory mechanisms.

Explicit statutory references within the Act

Transfer of Land Acts: Section 3(3) provides that where property vested in the Union consists of land registered under the Transfer of Land Acts, the Registrar of Titles shall, on application and proof and payment of fees, give effect to the vesting by registering the Union as proprietor. This directs a particular registry outcome under the Torrens title framework as it then stood.
Religious Successory and Charitable Trusts Act 1928: Section 8 empowers the “representative for the time being of the Baptist Union of Victoria registered under Part II of the Religious Successory and Charitable Trusts Act 1928” to execute conveyances when trustees refuse or cannot be found. Section 9 also deals with the Register of Successory Trusts and cancellation of endorsements made under section 16 of that 1928 Act on production of a document of title endorsed under that section. The Act therefore integrates with that public register and with statutory representative provisions for religious successory trusts.
Trusts Act 1915 (and other trust legislation): Schedule A (VIII) mentions the “Representative for the purposes of the Trusts Act 1915, and of any other Act of Parliament that may be hereafter passed.” This signals an intent that the Union designate a representative under the then-operative Trusts Act, linking the Union’s statutory representative functions to the Trusts Act regime.

Administrative and property law intersections

Registry mechanics: The Act requires coordination with the Registrars (Titles and Successory Trusts). Section 3(3) and section 9 create duties for those public officials to act on production of proof and payment of fees. Those steps invoke the operation of the Transfer of Land Acts and public register procedures for changing proprietorship and striking endorsements.
Conveyancing law and mortgages: The Act grants the Union powers to mortgage, charge and otherwise encumber land (s 10; Sch B cll 5-8, 13). Such actions will be subject to the mechanics and priorities of property law, including priorities of registered interests under the Transfer of Land Acts, and the continuing effect of existing mortgages and charges on vesting (s 3(2), which preserves existing mortgages, liens and charges).

Potential overlaps to be mindful of (textual only)

Express trusts and statutory trusts: Section 3(4) preserves conformity with express trusts. Where a trust is express and its terms limit or prohibit certain dealings, the Union is bound by those express limitations; the Act’s extensive dealing powers are subject to that preservation. Where the property is not subject to express trust, the Executive Council directs its use and dealings.
The Act contemplates future laws: Sch A VIII mentions “any other Act of Parliament that may be hereafter passed,” suggesting the statutory representative role may be defined by later trust or successory trust statutes. The Act anticipates functioning in a statutory landscape that may evolve; however the Act itself does not amend or override later statutes.

Absence of cross-references outside those named: The text does not reference federal corporate law, charity registration regimes, the later Corporations Act, or tax statutes. The Act should be read as a state statute operating within the statutory landscape stated in the Act (Transfer of Land Acts; Religious Successory and Charitable Trusts Act 1928; Trusts Act 1915 as expressed), but it does not purport to be exhaustive about how other public laws beyond those named may affect the Union or its property. Because the Act was enacted in 1930 and the endnotes record no amendments to the Act itself, anyone applying it in the present must reconcile it with contemporary laws not named in the Act,subject to legal research beyond the present source.

The Act’s endnotes, appended to the version supplied, state explicitly that there are no amendments made to The Baptist Union Incorporation Act 1930 by Acts and subordinate instruments in the record provided (Endnotes, Table of Amendments). The Act was assented to and came into operation on 24 December 1930 (Endnotes 1). The Explanatory Details section records “No entries at date of publication” (Endnotes 3).

Mechanically, the Act contains internal amendment pathways:

Alteration of Schedule B by the Union: Section 12 allows the Union to alter, modify or amend the statement of trusts in Schedule B “at any time and from time to time” by resolution “duly passed in accordance with the constitution.” That constitutional procedure is set out in Schedule A and includes requirements for by-laws and for amendments to the constitution itself. Schedule A clause XII requires three months’ written notice to the Executive Council before making, rescinding or altering by-laws; clause XIII states changes in the constitution require approval by two-thirds of members present and voting at an Annual Session, with written notice of proposed change given at the preceding Annual or Half-yearly Session. Therefore internal amendment authority exists within the Act’s own architecture subject to those internal high thresholds.
Constitutional amendment thresholds: Schedule A clause XIII imposes a two-thirds approval requirement at an Annual Session and advance notice requirements for constitutional changes. That means Schedule B amendments requiring constitutional process must pass by the constitution’s prescribed mechanisms for a change in the constitution if they relate to the constitution itself; section 12 binds Schedule B alteration to “duly passed in accordance with the constitution.”

Records of external amendment: The Act file as provided records no external amendments in the Table of Amendments. The absence of listed amendments in the provided text is the only basis upon which to state that no amendments appear in that source; the source does not state any legislative amendments, rescissions or repeals.

Practitioners should note the internal amendment power in s 12 and the high procedural thresholds set in Schedule A. Any practical attempt to change Schedule B’s trust terms will proceed through the Union’s internal constitutional machinery, not by unilateral statutory amendment. The Act itself integrates an internal democratic check (two-thirds votes; notice periods; annual Session thresholds) on how its trust terms can be altered by the denominational body.

The Act’s text and appended endnotes in the provided source do not record any litigation history. No court cases are named in the Act, and the Explanatory Details section records “No entries at date of publication” (Endnotes 3). The Act itself supplies evidentiary presumptions and administrative registration steps (for example, conclusive minutes, representative execution) that are designed to reduce disputes or to make certain proofs straightforward for third parties and registries, but the source contains no records of judicial interpretation, reported disputes, or litigation outcomes.

What the Act contains that affects litigation risk

Conclusive evidentiary presumptions: Minutes signed by the chairman are conclusive proof of due convening and passage (s 4 proviso; s 5 proviso; Sch B cl 11). Section 8’s statement that execution by a representative in place of an absentee or recalcitrant trustee is “conclusive proof for all purposes” that the statutory conditions have been complied with will shape the form of challenges: statutory presumptions are strong, and any litigation challenging such acts would need to confront explicit statutory language.
Registry changes as proof: Registrar of Titles registration (s 3(3)) and the closure/cancellation procedures for the Register of Successory Trusts (s 9) create administrative records that are normally accorded high evidentiary weight in litigation. The Act’s design shifts the burden of proof away from anecdotal factual disputes about authorization to documentary records.

Absence of reported judicial consideration in the source: Because the supplied source contains no cases, and the Act itself does not name any authorities, the reader should treat the Act’s procedural provisions as the governing law and expect that any judicial litigation would address issues such as breach of trust, ultra vires Union acts, or alleged fraud under general trust law principles applied to the statutory framework provided.

If a practitioner needs litigation precedent on the Act’s provisions, further research outside this source is necessary; the Act text itself provides the statutory rules but no interpretive case law in the material provided.

The Act contains several technical, procedural and substantive features that may produce unexpected legal outcomes if not read closely. These are textual “gotchas” drawn directly from the statute and Schedules.

Automatic vesting and express trust preservation (s 3(1)-(4))

The Act vests, by operation of law, the estates and interests of certain named persons and other property held in trust for the denomination or certain constituent bodies in the Union without any conveyance (s 3(1)-(2)). Practitioners expecting a voluntary deed transfer will find that many assets are already vested. However, s 3(4) preserves express trusts: property subject to express trusts remains held “in conformity with such express trust.” The interplay means a title may vest in the Union yet still be constrained by earlier trust terms.

Exclusion of the Victorian Baptist Fund from automatic vesting (s 3(1) parenthetical)

The text explicitly excludes the Victorian Baptist Fund from the automatic vesting operation. This exception is narrowly stated and must be noted when auditing assets.

Trustee conveyance requires high thresholds and strict procedures (ss 4-5; Sch B cl 10)

Trustees cannot execute transfers to the Union until directed by a two-thirds resolution of the church at a special meeting convened and held as provided in Sch B cl 10 (s 5). The notice and voting qualifications in Sch B cl 10 are specific: notices in the Chapel at each service on the two preceding Lord’s Days or written notices, meeting not earlier than the second day after the latter Lord’s Day or 14 days after notice; voting restricted to members of at least six months’ standing aged 21+ who attended Communion at least once in prior six months. Failure to observe these precise rules could render a transfer challengeable, although minutes signed by the chairman are made conclusive (Sch B cl 11; ss 4-5 provisos).

Minutes signed by the chairman are conclusive (s 4 proviso; s 5 proviso; Sch B cl 11)

While the conclusive-minute provisions protect third parties and registries, they also foreclose collateral enquiry about whether a meeting was properly convened unless fraud or similar vitiating cause is alleged. Relying on those minutes in the absence of full procedural compliance may be risky if the minutes are themselves deficient or forged.

Union’s power to act where church defaults (Sch B cl 13)

If the Union pays money for which the church is liable and the church does not reimburse within six months of written notice, the Union may mortgage or sell trust premises without consent and apply proceeds to reimburse itself. This provision gives the Union a unilateral recovery mechanism after notice; practitioners need to account for its operation and ensure notices are properly drafted and served.

Replacement execution by Union representative (s 8)

Where a trustee refuses or cannot be found, the representative registered under Part II of the Religious Successory and Charitable Trusts Act 1928 may execute conveyances. The Act makes such execution conclusively valid, so trustees’ intransigence cannot block transfers if the test conditions are met. Parties drafting transfer instruments should ensure that the representative is properly registered.

Schedule B clause 15 contingency and Executive Council control

If a church dissolves, worship ceases for six months, or membership falls below five, the Union stands seized of the trust premises and may dispose of them under a two-thirds Executive Council resolution, or if the Union does not exist, five nearby Baptist pastors hold discretionary direction. This clause converts an inactive local church’s property into an asset the Union can direct, potentially surprising local stakeholders.

The power to alter Schedule B by Union resolution is subject to constitutional processes (s 12; Sch A XII-XIII)

Although s 12 says Schedule B may be altered “at any time and from time to time” by Union resolution, the Union must exercise that power in accordance with the constitution. Schedule A requires two-thirds approval at an Annual Session for constitution changes and three months’ notice for by-law changes. Practitioners should not assume Schedule B can be altered casually; constitutional notice and voting rules apply.

Purchaser protections reduce due diligence obligations in some respects (Sch B cl 9)

The Act relieves purchasers, mortgagees, tenants and others from liability to see to application of sale or mortgage proceeds and from enquiring into the necessity or propriety of the transaction. While this helps bona fide purchasers, it may also limit remedies for third parties if internal church authorisation was defective, unless fraud is involved.

Age and membership conditions for votes (s 6; Sch B cl 10)

Voting is restricted to those aged 21 and who satisfy membership duration and Communion attendance thresholds. In modern contexts where voting ages or membership definitions have changed, this text may produce unexpected outcomes if electoral rolls are not settled.

No criminal sanctions are provided

Because the Act relies on civil mechanisms and registries, some conduct inconsistent with internal rules will not be a statutory offence; remedies lie in civil and equitable proceedings. Parties must therefore consider litigation risk and equitable remedies rather than criminal enforcement.

These provisions create both protective measures for third parties and mechanisms that can convert local church property into centrally managed assets. Careful adherence to the precise meeting, notice and minute requirements, together with registry steps, is essential to ensure valid transfers and to protect stakeholders.

This section collects the practical steps, documentary requirements and procedural prescriptions contained in the Act and Schedules to achieve lawful compliance with transfers, vesting, meeting and registry obligations.

Auditing and identifying affected property

Review Schedule C to confirm whether specific real estate and mortgage securities are listed (Sch C). Section 3(1) operates to vest the estates and interests of the persons named in Schedule C and other property held in trust for the denomination in the Union; therefore confirm which holdings are automatically vested versus which remain with trustees pending conveyance.

For trustees wanting to convey property to the Union (ss 4-5, s 7)

Ensure a properly convened special church meeting is held, with notice and voting per Schedule B clause 10. Key requirements include:
- Notice: public notice in the Chapel at each service on the two Lord’s Days preceding the meeting, or written notices affixed conspicuously, with the meeting not held earlier than the second day after the latter Lord’s Day or earlier than 14 days after affixing written notices (Sch B cl 10).
- Eligible voters: those who have been members for at least six months, aged 21 or more, and who have been present at Communion at least once in the preceding six months (Sch B cl 10; s 6).
- Vote threshold: at least two-thirds of eligible members present and voting are required for the resolutions contemplated (ss 4-5; Sch B cl 10).
Keep the chairman-signed minute: A minute of the resolution contained in the minutes and signed by the chairman is conclusive proof for all purposes that the meeting was duly convened and that the resolution was passed (ss 4-5 provisos; Sch B cl 11). Make sure the minute is properly recorded, signed, and kept.

Where trustees refuse or cannot be found (s 8)

If a trustee refuses after a one-month request, or is deceased, unfindable or absent from Victoria, obtain evidence of these facts and ensure the Union’s representative registered under Part II of the Religious Successory and Charitable Trusts Act 1928 is in place. The representative may execute the conveyance; ensure documentary proof is retained because the Act treats such execution as conclusive (s 8).

Title registration and registry steps (s 3(3), s 9)

For vested or transferred property that is registered under the Transfer of Land Acts, prepare an application to the Registrar of Titles including proof of the facts of vesting and payment of necessary fees so the Registrar can register the Union as proprietor (s 3(3)).
Where property becomes vested under the Act, present endorsed documents of title as required under s 16 of the Religious Successory and Charitable Trusts Act 1928 to effect cancellation of endorsements and closure of the Register of Successory Trusts in respect of the property (s 9).

Use of the common seal (s 2(2))

Ensure that the common seal is affixed only pursuant to a resolution of a majority of the Executive Council and in the presence of two members of the Council and the President or Secretary, with the attestation signing on the sealed document by those persons (s 2(2)). Keep records of the meeting resolution authorising use.

Dealing with mortgages, sales, and borrowing (s 10; Sch B cll 5-8, 13)

If a church intends (or the Union intends) to borrow or mortgage trust premises, follow the special meeting procedures in Sch B cl 10. The Union may mortgage, charge, or sell existing trust premises subject to express trust prohibitions (s 10; Sch B). If the Union has a liability to pay sums that the church should provide and the church does not provide funds within six months of written notice, the Union may mortgage or sell the trust premises (Sch B cl 13). A written notice from the Secretary of the Union to the Deacons or officers is required; retain evidence of service and the six-month waiting period.

Alteration of Schedule B and constitutional changes (s 12; Sch A XII-XIII)

To alter Schedule B, follow the constitution’s procedures. By-laws require three months’ prior written notice to the Executive Council (Sch A XII). Changes to the constitution require approval by two-thirds of members present and voting at an Annual Session, with written notice of the proposed change given at the preceding Annual or Half-yearly Session (Sch A XIII). Document notices, agendas and votes carefully.

Record-keeping and minute procedures (Sch B cl 11; ss 4-5 provisos)

Maintain a clear minute book with chairman-signed minutes for special meetings authorising conveyances, borrowings or sales. Those minutes are conclusive evidence under the Act,so ensure accuracy and secure signature procedures.

Ensure compliance with express trusts (s 3(4))

Where property is subject to an express trust, verify the trust terms before undertaking any dealing. The Union cannot treat property as freely disposable where an express trust continues to bind the property.

For purchasers, mortgagees and tenants dealing with the Union (Sch B cl 9)

Rely on receipts from the Union being sufficient to exonerate payments; however, retain documentary evidence of payment, the Union’s minutes and registry entries to support title and clearance of liabilities.

Liaise with the Union’s Executive Council and legal advisers

Because the Executive Council is central to decision-making (s 2(1)-(2); Sch A IX), ensure Council resolutions authorising transactions are recorded and accessible. Where the Union’s representative must act under the Religious Successory and Charitable Trusts Act 1928, confirm the representative’s registration and authority.

Consider professional title and trust law advice where needed

While the Act provides many prescriptive mechanisms, complex transactions (mortgages, sale proceeds application, conflicts between express trust terms and Union directions) may raise equitable questions. Seek legal and conveyancing advice consistent with modern practice and registry requirements.

Observing the Act’s formalities,special meeting notice and quorum, chairman-signed minutes, trustee-direction resolutions, and registry applications,will achieve compliance with the statutory processes the Act prescribes. The Act provides for strong administrative presumptions (minutes; representative execution; registry registration) but those presumptions require rigorous documentary evidence to be effective.

The Baptist Union Incorporation Act 1930

Plain English Summary

Deep Dive

What it does

Current sections

The Baptist Union Incorporation Act 1930

Source text: opening excerpt

1 The Baptist Union Incorporation Act 1930

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