This Act creates The Uniting Church in Australia and establishes a corporate property trust (The Uniting Church in Australia Property Trust (Tas.)) to receive and hold property formerly held for the Methodist, Congregational and Presbyterian bodies, and it repeals the earlier local Acts (s.4–5, s.10, s.18, Schedule I). The Assembly and Synod control the Trust’s membership, regulations and directions; the Act sets how property vests, how trust instruments are executed, evidentiary certificates, indemnities, investment powers, and limited exceptions for continuing congregations (ss.11,16,18,21,30,34; Schedules III–IV).
This statute implements the legal mechanics for creating The Uniting Church in Australia within Tasmania, by (1) authorising the union of Methodist, Presbyterian and Congregational Churches (s 4-5, Schedule II), (2) constituting a corporate property vehicle, The Uniting Church in Australia Property Trust (Tas.) (the Trust) to hold church property (Pt III, ss 10-11), and (3) effecting the automatic vesting, without conveyance, of identified church property in that Trust on the appointed day (s 18). The Act also repeals earlier Acts that created separate corporate or trustee arrangements for the predecessor churches (Schedule I).
Mechanically, the Act:
Constitutes the Trust as a body corporate with perpetual succession, common seal and capacity to contract, sue and be sued (s 11(1)).
Prescribes the membership and appointment procedures for the Trust (s 10(2)-(6)), meeting and voting rules (s 12), vacancy and removal rules (ss 13-14), and rules for custody and use of the common seal (s 15).
Gives the Trust broad property powers: acquire, hold, deal with, dispose of, mortgage and otherwise encumber property (s 11(3)), and requires the Trust to hold trust property for the Church in accordance with this Act (s 11(2)).
Provides that specified classes and lists of property vested in various trustees or bodies immediately before the appointed day are, by force of the Act and without conveyance, divested from those persons and vested in the Trust (s 18(1)-(9)). Schedules III and IV list specific properties and exceptions.
Establishes evidentiary and registration consequences: certificates under the Trust seal are prima facie evidence of holdings (s 21(1)) and, for land title purposes, a certificate may be conclusive evidence for registration under the Land Titles Act 1980 (s 21(3)). The statute also states that vesting in land governed by the Land Titles Act vests in equity until statutory registration formalities are completed (s 18(10)-(11)).
Current sections
Direct links to the current provisions in Uniting Church in Australia Act 1977.
In this Act, unless the contrary intention appears –
appointed day means the day on which this Act commences;
Assembly means the Assembly of the Church referred to in clause 15(e) of the Basis of Union, and includes the Inaugurating Assembly;
Basis of Union means the Basis of Union set forth in Schedule II ;
Church means The Uniting Church in Australia;
Congregational Church means the Congregational Union of Australia and the Congregational Unions in each of the States of the Commonwealth, and includes the individual churches that have resolved to enter into union with the Methodist and Presbyterian Churches and any department, society, auxiliary, activity, fund, service, institution, or interest of any such individual church or union;
conveyance includes transfer;
Inaugurating Assembly means the first Assembly of the Church that is convened in accordance with the Basis of Union;
Methodist Church means the Methodist Church of Australasia, and includes any congregation, circuit, department, society, auxiliary, activity, fund, service, institution, or interest of that church, except the Conferences of Fiji, Samoa and Tonga;
Model Deed means the Wesleyan Methodist Model Deed of Tasmania 1888 made in pursuance of the Methodist Churches Acts 1888 to 1929, and includes any duly authorized alteration or modification of that deed;
Presbyterian Church means the Presbyterian Church of Australia comprising, subject to the Presbyterian Church of Australia Act 1971 , the Presbyterian Church of Australia in the State of New South Wales, the Presbyterian Church of Victoria, the Presbyterian Church of Queensland, the Presbyterian Church of South Australia, the Presbyterian Church of Tasmania, and the Presbyterian Church of Western Australia;
property includes –
(a) real and personal property and any estate or interest therein; and
(b) the right to receive income;
Synod means the Synod of the Church within this State, being the Synod referred to in clause 15(d) of the Basis of Union;
Trust means The Uniting Church in Australia Property Trust (Tas.) constituted by this Act;
trust property means property vested in, or acquired by, the Trust by or pursuant to this Act;
Uniting Church means the Congregational Church, the Methodist Church, and the Presbyterian Church, except –
(a) those Congregational Churches specified in Schedule IV ; and
(1) The Uniting Churches are by virtue of this Act empowered to unite in accordance with the Basis of Union.
(2) The union referred to in subsection (1) shall take effect on the appointed day.
5
Name of church
5 Name of church
The church formed by the union referred to in section 4(1) shall be known as The Uniting Church in Australia.
6
Inaugurating Assembly
6 Inaugurating Assembly
The Inaugurating Assembly shall be deemed to have been validly convened.
7
Adoption of Constitution
7 Adoption of Constitution
The Inaugurating Assembly may adopt a Constitution for the Church that is consistent with the Basis of Union.
8
Amendment of Constitution
8 Amendment of Constitution
The Assembly may amend, alter, repeal, or replace the Constitution adopted from time to time by the Assembly in accordance with the appropriate provisions contained in the Constitution.
9
Powers of Assembly in relation to determination of matters of doctrine, &c., and further unions
9 Powers of Assembly in relation to determination of matters of doctrine, &c., and further unions
Notwithstanding anything in this Act or in the Basis of Union, the Assembly –
(a) may determine, declare, or interpret matters of doctrine, worship, government, and discipline in the Church; and
(b) may resolve to unite with other branches of the Christian Church.
Part III
The Uniting Church in Australia Property Trust (Tas.)
Part III The Uniting Church in Australia Property Trust (Tas.)
10
Constitution of The Uniting Church in Australia Property Trust (Tas.)
10 Constitution of The Uniting Church in Australia Property Trust (Tas.)
(1) There shall be a trust to be known as The Uniting Church in Australia Property Trust (Tas.).
(2) Subject to this section, the Trust shall consist of –
(a) the person holding or acting in the office of the Moderator of the Synod;
(b) the person holding or acting in the office of the Secretary of the Synod;
(c) the person holding or acting in the office of the Property Officer of the Synod; and
(d) five other persons appointed –
(i) by the Inaugurating Assembly until the first meeting of the Synod;and
(ii) thereafter by the Synod at that meeting and at each of its subsequent meetings.
(b) fewer than 3 persons hold or act in all those offices –
the Synod may appoint 6 members of the Trust instead of the number that it may, apart from this subsection, appoint under subsection (2)(d)(ii) .
(4) A member of the Trust appointed by –
(a) the Inaugurating Assembly, holds office for the period commencing on the day of his appointment and ending at the conclusion of the first meeting of the Synod; or
(b) the Synod, holds office for the period commencing immediately after the conclusion of the meeting of the Synod at which he is elected and ending at the conclusion of the next succeeding meeting of the Synod.
(5) On the expiration of his term of office, a person appointed as a member of the Trust is eligible for re-appointment.
(6) The first chairman of the Trust shall be appointed by the Inaugurating Assembly from among the members of the Trust and each subsequent chairman of the Trust shall be appointed by the Synod from among those members.
11
Powers and duties of the Trust
11 Powers and duties of the Trust
(1) The Trust is a body corporate with perpetual succession and a common seal and may enter into contracts, sue and be sued in its corporate name, and may take and hold any real or personal property.
(2) The Trust shall hold trust property in trust for the Church in accordance with the provisions of this Act and subject to any other trust affecting the property.
(3) Subject to this section the Trust –
(a) may acquire, hold, deal with, and dispose of, property of any kind; and
(b) may mortgage, charge, or otherwise encumber any of its property.
(4) The Trust shall observe any directions, regulations, or resolutions of the Assembly as to the exercise of its powers under this section.
12
Proceedings of the Trust
12 Proceedings of the Trust
(1) The chairman of the Trust shall preside at meetings of the Trust at which he is present.
(2) In the absence of the chairman from a meeting of the Trust, the members present shall elect one of their number to preside at the meeting.
(3) The person presiding at a meeting of the Trust has a deliberative vote.
(4) All questions arising at a meeting of the Trust shall be decided by a majority of the votes of the members present and voting thereon and, in the event of an equality of votes on any question, that question shall be decided in the negative.
(5) Three members of the Trust constitute a quorum of the Trust.
(6) Subject to this section, the Trust may regulate its own proceedings.
13
Vacation of membership of the Trust
13 Vacation of membership of the Trust
The office of a member of the Trust becomes vacant –
(a) on the expiration of his term of office; or
(b) if he –
(i) dies;
(ii) resigns his office by written notice to the Trust;
(iii) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his creditors;
(vi) is removed by resolution of the Synod or its Standing Committee.
14
Casual vacancies
14 Casual vacancies
(1) Where, by reason of the occurrence of casual vacancies in the membership of the Trust, the number of members is reduced to less than 5, the remaining members shall appoint persons to fill all those vacancies for the remainder of the term for which the vacating members were respectively appointed as members of the Trust.
(2) Subject to subsection (1) , where a casual vacancy occurs in the membership of the Trust, the remaining members may appoint a person to fill that vacancy for the remainder of the term for which the vacating member was appointed as a member of the Trust.
15
Common seal
15 Common seal
(1) The members for the time being of the Trust shall have custody of its common seal.
(2) The Trust shall determine the form of its common seal and, subject to this section, all other matters relating to that seal.
(3) The common seal of the Trust shall be affixed to an instrument only in pursuance of a resolution passed at a duly convened meeting of the Trust and an instrument to which the common seal is so affixed shall be signed by not less than two members of the Trust.
(4) An instrument purporting to have been sealed with the common seal of the Trust and to have been signed by not less than two members of the Trust shall be deemed to have been executed in accordance with subsection (3) .
16
Form and execution of certain contracts, &c.
16 Form and execution of certain contracts, &c.
(1) A deed, instrument, or contract relating to any property or other matter that, if executed or made by an individual, would be required by law to be in writing under seal, may be made on behalf of the Trust in writing under the common seal of the Trust.
(2) An instrument or contract relating to any property or other matter that, if made by or between individuals, would be required by law to be in writing signed by the parties to the instrument or contract may be made on behalf of the Trust in writing by a person acting under its express or implied authority.
(3) A contract relating to any property or other matter that, if made between individuals, would be legally binding although made orally and not reduced to writing may be made on behalf of the Trust by a person acting under its express or implied authority.
(4) A contract that is entered into, or an instrument or contract that is signed, on behalf of the Trust in relation to any trust property shall be deemed to have been entered into or signed with the express authority of the Trust, if it is entered into or signed in accordance with the resolution of the Synod for the time being in force pursuant to this Act.
17
Execution under seal by agent, &c.
17 Execution under seal by agent, &c.
(1) TheTrust may, in relation to a particular matter, by writing under its common seal, authorize a person to execute a deed, instrument, or contract on the Trust's behalf as its agent or attorney.
(2) A deed signed by an agent or attorney on behalf of the Trust pursuant to an authorization under subsection (1) and sealed by him binds the Trust and has the same effect as if it were sealed by the Trust.
Part IV
Vesting of Trust Property in the Trust
Part IV Vesting of Trust Property in the Trust
18
Vesting of certain property in the Trust
18 Vesting of certain property in the Trust
(1) Subject to this Act –
(a) all property that, immediately before the appointed day, is vested in trustees pursuant to the Model Deed or is vested in any other person in trust for the Methodist Church (other than the property referred to in paragraph (b) ); and
(b) all the property specified in Schedule III and vested in the trustees referred to in that Schedule –
is on that day divested from those persons and is, by virtue of this subsection and without any conveyance or other assurance, vested in the Trust to the extent to which it was so vested in those persons and shall be held by the Trust in accordance with the provisions of this Act.
(2) Subject to this Act, all property that, immediately before the appointed day, is vested in the Congregational Union of Tasmania or any other person in trust for the Congregational Church is, on that day, divested from that person and is, by virtue of this subsection and without any conveyance or other assurance, vested in the Trust to the extent to which it was so vested in that person and shall be held by the Trust in accordance with the provisions of this Act.
(3) Notwithstanding subsection (2) , on the appointed day, the properties specified in Schedule IV continue to be vested in the respective trustees named in that Schedule on the trusts specified in the third Schedule to the Congregational Union Incorporation Act 1887, notwithstanding the repeal of that Act by this Act, except that the person officiating as the pastor of a church specified in Schedule IV need not be a member of the Congregational Church as required by Clause 4 of the Third Schedule to that Act.
(4) Subject to this Act and to the rights referred to in subsection (5) , all property that, immediately before the appointed day –
(b) is otherwise vested in a person in trust for the Presbyterian Church or a congregation, board or committee of management, session, presbytery, committee, council, board, or other institution, organization, or section of that church –
is, on the day fixed by proclamation for that purpose, divested from that person and is, by virtue of this subsection and without any conveyance or other assurance, vested in the Trust to the extent to which it was so vested in that person and shall be held by the Trust in accordance with the provisions of this Act.
(6) Nothing in subsection (4) vests in the Trust any property to which the Presbyterian Church continuing to function after the appointed day is or becomes entitled.
(8) Subject to this Act, all property that, immediately before the appointed day, is vested in the Methodist Presbyterian and Congregational Joint Ownership Trust, a company incorporated under the Companies Act 1962, is, on that day, divested from that company and is, by virtue of this subsection and without any conveyance or other assurance, vested in the Trust to the extent to which it was so vested in that company and shall be held by the Trust in accordance with the provisions of this Act.
(9) Subject to this Act, all property (except property previously referred to in this section) that, immediately before the appointed day, is vested in trustees on behalf of the Methodist Church, the Congregational Church, and the Presbyterian Church or any two of those churches is, on that day, divested from those trustees and is, by virtue of this subsection and without any conveyance or other assurance, vested in the Trust to the extent to which it was so vested in those trustees and shall be held by the Trust in accordance with the provisions of this Act.
(10) *[Section 18 Subsection (10) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*Property held under the provisions of the Land Titles Act 1980 that, pursuant to this section, vests in the Trust vests in equity only and does not vest at law until the requirements of that Act have been complied with.
(12) Except in relation to the trusts declared by the Model Deed, the Congregational Union Incorporation Act 1887, the Presbyterian Church Act 1896 , and the Presbyterian Church Act 1908 , the vesting of any of the property effected by this section is without prejudice to –
(a) a special trust;
(b) a resulting trust;
(c) a trust in favour of a donor;
(d) a trust in favour of a person other than the Uniting Churches or any one or more of them; and
(e) a reservation, mortgage, charge, encumbrance, loan, or lease that, immediately before the appointed day, affected the property vested.
(13) In subsection (12)(a) , special trust means a trust other than a trust for the general purposes of the Methodist Church, the Congregational Church, or the Presbyterian Church.
(14) It is not necessary for a lessee to make an attornment to the Trust of land vested in it by this section.
19
Construction of certain instruments
19 Construction of certain instruments
(1) To the extent to which any property that, by a deed, will, or other instrument taking effect on or after the appointed day –
(a) is devised, bequeathed, given, granted, released, conveyed, or appointed to the Church or to a person other than the Trust for, or for the benefit of, or in trust for, the Church for the religious, social, educational, or charitable work of the Church;
(b) is declared or directed to be held by a person other than the Trust for, or for the benefit of, or in trust for, the Church or the religious, social, educational, or charitable work of the Church;
(c) is recoverable by the Church or by a person other than the Trust for the Church; or
(d) is payable to, or receivable by, the Church or a person other than the Trust on behalf of the Church or for the religious, social, educational, or charitable work of the Church –
that instrument shall be construed and take effect as if the reference in it to the Church or, as the case may be, to that person, were a reference to the Trust.
(2) A deed, will, or other instrument, gift, or other provision in favour of, or relating to, the Methodist Church that comes into effect on or after the appointed day shall be read and construed as if a reference in it to the Methodist Church were a reference to the Church, unless otherwise provided by the context.
(3) Subject to subsection (4) , any deed, will, or other instrument, gift, or other provision in favour of, or relating to –
(a) the Congregational Church that comes into effect on or after the appointed day shall be read and construed as if a reference in it to the Congregational Church; or
(b) an additional congregation that has been admitted to membership of the Church after the appointed day shall, if it comes into operation after the date of that admission, be read and construed as if a reference in it to that additional congregation –
were a reference to the Church, unless otherwise provided by the context.
(4) Where an individual Congregational Church has not resolved to enter into the union authorized by this Act and has not been admitted to membership of the Church, nothing in subsection (3) affects or prejudices any deed, will, or other instrument, gift, or other provision in favour of that individual Congregational Church by a person who is, or claims to be, a member of that Church at the time when the provision comes into effect.
(5) Notwithstanding subsection (4) , a special trust for a particular purpose of, or relating to, the Congregational Church shall be read and construed as vesting the property concerned in the Trust for that purpose if it is, at the time of the trust coming into effect, being carried on solely by the Church.
20
Waiver of certain conditions, &c., in certain Crown grants
20 Waiver of certain conditions, &c., in certain Crown grants
(1) No title to any land vested in the Trust by this Act shall be held bad at law or in equity by reason of a breach or non-performance, before or after the appointed day, of a condition, trust, or proviso contained in the grant of the land by the Crown.
(2) A provision for forfeiture or reverter in respect of a breach or non-performance referred to in subsection (1) shall be deemed to have been released by the Crown as from the date of the Crown grant.
21
Evidentiary provisions
21 Evidentiary provisions
(1) Subject to subsection (2) , a certificate under the common seal of the Trust to the effect that the property specified in the certificate is held by it on trust for the Church is, in all circumstances and all proceedings (whether civil or criminal), prima facie evidence that the property so specified is so held.
(2) Subsection (1) does not apply in relation to a dispute concerning property between the Church and the Presbyterian Church continuing to function after the appointed day.
(3) *[Section 21 Subsection (3) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*A certificate under the common seal of the Trust to the effect that the estate or interest of a person named in the certificate in land specified therein is an estate or interest vested in the Trust by this Act is conclusive evidence of the matters so certified for the purposes of an application by the Trust to be registered under the Land Titles Act 1980 as the proprietor of that estate or interest pursuant to the vesting.
22
Certain rights enforceable by the Trust
22 Certain rights enforceable by the Trust
Where any property is vested in the Trust pursuant to this Act, the Trust –
(a) has and is subject to all the rights, powers, remedies, liabilities, and obligations in relation to that property; and
(b) may exercise and discharge in relation to that property all or any of the rights, powers, and remedies –
that the person in whom the property was previously vested or by whom it was previously held would have had and been subject to and might have exercised and discharged in relation to that property if it had not been divested from him and vested in the Trust.
Part V
General
Part V General
23
Claims for compensation on compulsory acquisition, &c.
23 Claims for compensation on compulsory acquisition, &c.
Subject to a resolution or direction of the Assembly or of a committee appointed by it for the purpose, the Trust –
(a) may act in relation to the exchange, dedication, or compulsory acquisition of any property vested in it;
(b) may make claims for compensation in respect of such a property; and
(c) may agree to and settle any such claim, for such consideration and on and subject to any terms and conditions as appear advisable to it.
24
Receipt for certain moneys
24 Receipt for certain moneys
A receipt for moneys payable to the Trust exonerates the mortgagee, purchaser, or other person on whose behalf the moneys are so payable from any liability to see to the application of those moneys and from any liability for the loss, misapplication, or non-application of those moneys, if the receipt –
(a) is executed in accordance with this Act under the common seal of the Trust;
(b) is in writing signed by two members of the Trust; or
(c) is in writing signed by a person or persons duly authorized for the purpose by the Trust or two members of the Trust.
25
Exoneration from inquiry
25 Exoneration from inquiry
(1) On a sale, exchange, mortgage, lease, or other dealing purporting to be entered into by the Trust –
(a) a purchaser, mortgagee, lessee, or other person dealing with the Trust; or
(b) the Recorder of Titles, Registrar of Deeds, Crown Solicitor, or any other person registering or certifying title –
is not concerned to see or inquire into the necessity for, or the propriety of, the exercise by the Trust of its powers or the mode of exercising them and is not affected by notice that the exercise of any such power is unauthorized, irregular, or improper.
(2) This section applies to an instrument that purports to be sealed pursuant to section 15 .
26
Service of documents
26 Service of documents
The service of a writ, statement of claim, summons, or other legal process on the Trust may be effected by serving it on the Moderator, Secretary of the Synod, or Property Officer of the Synod, or on a person appearing to be authorized by the Trust to accept service of that legal process.
27
Trust may act as executor, &c.
27 Trust may act as executor, &c.
(1) The Trust –
(a) may apply for and obtain, or join in applying for and obtaining, probate of the will of a deceased person or letters of administration of his estate, if the Church has a beneficial interest, vested or contingent, in the estate of that person; or
(b) may accept appointment, and act, as trustee or co-trustee under and in pursuance of a trust in which the trust property is not vested in the Trust by or pursuant to this Act, being a trust created wholly or partly for the benefit of the Church.
(2) For the purposes of subsection (1)(b) , the Trust may do all things necessary for the exercise or performance of its powers, authorities, duties, or functions as executor, administrator, or trustee, as the case may be.
(3) On behalf of the Trust, a member of the Trust or a person employed by the Trust may, if authorized by the Trust for the purpose, swear an affidavit, make a declaration or statement, give security, and do any other act or thing that a charter, Act, or rule of court requires to be done by a person applying for or granted probate or letters of administration or administering a trust, as the case may be.
(4) The Trust –
(a) may renounce executorship;
(b) may decline to act as administrator of an estate; or
(c) may retire, or decline to act, as trustee of property (not being property vested in it by or pursuant to this Act).
(5) Any commission or other remuneration earned by the Trust as an executor, administrator, or trustee appointed pursuant to this section belongs to the Trust and shall be used and applied by it for or towards an object or purpose specified or approved by the Assembly in respect of that remuneration.
28
Trust may hold property jointly
28 Trust may hold property jointly
The Trust may hold or acquire any property alone or jointly with another person or other persons as joint tenants or tenants in common.
29
Register of former trustees
29 Register of former trustees
(1) The register of trustees known as "The Methodist Church of Australasia Register of Trustees for Tasmania" maintained under the Tasmanian Wesleyan Methodists Act 1888 (in this section referred to as "the register") remains in force for the purposes referred to in subsection (3) , notwithstanding the repeal of that Act and the Methodist Union Act 1902 by this Act.
(2) The Trust shall make arrangements for the preservation and custody of the register.
(3) An extract purporting to be an extract from the register in or to the effect of the form of certificate contained in Schedule V shall, without production of the register, be received and taken in a legal proceeding or in a dealing with land or for any other purpose as sufficient evidence of the several matters comprised in the extract in so far as they relate to the land specified in the certificate (being land included in the register).
30
Regulations
30 Regulations
(1) The Assembly may make regulations for the control, management, and administration of, and dealings with, trust property.
(2) A regulation under subsection (1) may be rescinded or altered by the Assembly, but such a rescission or alteration does not take effect unless it is approved in the same manner as a regulation.
(3) A certificate signed by –
(a) the President or Secretary for the time being of the Assembly; or
(b) the Moderator or Secretary for the time being of the Synod –
that specifies in the certificate or an annexure to it the form of a regulation under subsection (1) that is in force on a day specified in the certificate is conclusive evidencethat the regulation was in force in that form on that day.
31
Co-operative use of property
31 Co-operative use of property
(1) Where it has been decided in accordance with the laws of the Church to enter into a scheme of co-operation with or involving a church of another denomination or a congregation or activity of such a church, being a scheme that involves the use of property vested in the Trust, the Trust may, while the scheme of co-operation continues in force, permit that property to be used, managed, and administered in connection with that scheme in such manner and on such conditions as the Synod, or a committee appointed by it for the purpose, determines or prescribes.
(2) The proceeds of sale or mortgage or any other dealing with any property that is the subject of a scheme of co-operation pursuant to subsection (1) and all moneys collected or held in respect of that scheme may be paid and applied in such manner as may be determined or prescribed by the Synod or a committee referred to in that subsection.
(3) Without limiting the generality of the conditions that the Synod may determine or prescribe under subsection (1) in relation to a scheme of co-operation, those conditions may include conditions with respect to –
(a) the making of contributions of money for the acquisition, construction, alteration, maintenance, or repair of assets vested in or held on behalf of a co-operating church or congregation; and
(b) the giving or taking of such security or charge as may be prescribed by the scheme over any property in respect of any contributions of money or in money's worth made or received pursuant to the scheme, and the property of the Trust involved in the scheme is, to the extent prescribed in it, hereby charged.
(4) The Recorder of Titles, the Registrar of Deeds, or a person dealing in good faith and for value with any property vested in the Trust is not bound to inquire whether a security or charge referred to in subsection (3) exists, shall not be deemed to have notice of that security or charge, and shall not be bound by it by virtue only of this Act or the existence of a scheme of co-operation under this section, and –
(a) a conveyance, or other assurance to such a person operates as a discharge of such a security or charge, in so far as the property conveyed or assured would, but for this subsection, be subject to the security or charge; and
(b) a mortgage or charge in favour of such a person has priority over such a security or charge that affects the property mortgaged or charged in favour of that person.
32
Saving provision
32 Saving provision
(1) The provisions of section 31 apply to and in relation to all property at any time held by the Trust, except to the extent that any such property is held subject to an express trust expressly forbidding its use in any manner referred to in that section.
(2) Subsection (1) does not prevent the use of property in a manner referred to in section 31 if the property was merely directed to be held on trust for the worship or purposes of the Church.
33
Power of Synod to alter trusts
33 Power of Synod to alter trusts
(1) Subject to subsection (2) , in a case where, by reason of the circumstances subsequent to the creation of the trusts, including trusts declared under this section, to which any property vested in the Trust is for the time being subject, it has in the opinion of the Synod become impossible or inexpedient to carry out or observe those trusts, the Synod may, by resolution, declare that such is its opinion, and by the same or a subsequent resolution may declare other trusts for or for the use, benefit, or purpose of the Church instead of the first-mentioned trusts, and those first-mentioned trusts thereupon, by force of that resolution, cease and determine, and that property shall thereupon be held on those other trusts accordingly.
(2) Any property in respect of which other trusts are declared under subsection (1) shall be dealt with for the same purposes as nearly as may be as the purposes for which the property was held immediately before the resolution declaring those other trusts was passed, unless the Synod, by resolution, declares that, by reason of circumstances subsequent to the creation of the first-mentioned trusts, it is, in the opinion of the Synod, impossible or inexpedient to deal with or apply that property or some part of it for the same or the like purposes, in which case that property may be dealt with and applied for the use and benefit of the Church for such other purposes as are declared by resolution of the Synod.
34
Indemnification of certain persons
34 Indemnification of certain persons
Where a member of the Trust or any other person exercises a power or performs a duty pursuant to this Act or pursuant to a resolution or direction of the Assembly, that member or other person and his executors and administrators are entitled to be indemnified out of the trust property against all expenses or liabilities incurred by that person in connection with the exercise of the power by him or the performance of the duty by him, unless they are incurred in the course of fraudulent or negligent breach of trust.
35
Blending of trust funds
35 Blending of trust funds
(1) Where the Trust holds moneys on trust for different purposes or activities, the Trust may invest those moneys or any part or parts of them as one fund and distribute the income arising from that fund ratably among the several purposes or activities for which the moneys so invested are held.
(2) A loss arising from an investment pursuant to subsection (1) shall be borne ratably.
(3) The Trust may make advances out of any moneys referred to in subsection (1) for a purpose of, or relating to, the Church.
(4) A sum advanced by the Trust pursuant to subsection (3) shall be deemed to be an investment of the relevant moneys and shall bear interest at a rate fixed by the Trust and the sum advanced and the interest on it shall be deemed to be a charge on the assets of the Church.
36
Powers of investment
36 Powers of investment
Unless expressly forbidden by an instrument creating a special trust, the Trust may invest any funds in its hands, whether at the time in a state of investment or not, in a form of investment authorized by the Trustee Act 1898 or by the Assembly by itself or by delegation to the Synod.
37
Rights held by virtue of the Presbyterian Church of Australia Act 1971 not affected
37 Rights held by virtue of the Presbyterian Church of Australia Act 1971 not affected
Nothing in this Act deprives the Church, any of the Uniting Churches, or the Presbyterian Church continuing to function after the appointed day of any rights held by it by virtue of the operation of the Presbyterian Church of Australia Act 1971 .
SCHEDULE I - Acts Repealed
SCHEDULE I - Acts Repealed
SCHEDULE I - Acts Repealed SCHEDULE I - Acts Repealed
1. The Congregational Union of Australia, the Methodist Church of Australasia and the Presbyterian Church of Australia, in fellowship with the whole Church Catholic, and seeking to bear witness to that unity which is both Christ's gift and his will for the Church, hereby enter into union under the name of Uniting Church in Australia. They pray that this act may be to the glory of God the Father, the Son and the Holy Spirit. They praise God for his gifts of grace to each of them in years past; they acknowledge that none of them has responded to God's love with a full obedience; they look for a continuing renewal in which God will use their common worship, witness and service to set forth the word of salvation for all mankind. To this end they declare their readiness to go forward together in sole loyalty to Christ the living Head of the Church; they remain open to constant reform under his Word; and they seek a wider unity in the power of the Holy Spirit. In this union these Churches commit their members to acknowledge one another in love and joy as believers in our Lord Jesus Christ, to hear anew the commission of the Risen Lord to make disciples of all nations, and daily to seek to obey his will. In entering into this union the Churches concerned are mindful that the Church of God is committed to serve the world for which Christ died, and that she awaits with hope the day of the Lord Jesus Christ on which it will be clear that the kingdom of this world has become the kingdom of our Lord and of his Christ, and he shall reign for ever and ever.
2. The Uniting Church lives and works within the faith and unity of the One Holy Catholic and Apostolic Church. She recognises that she is related to other Churches in ways which give expression, however partially, to that unity in faith and mission. Recalling the Ecumenical Councils of the early centuries, she looks forward to a time when the faith will be further elucidated, and the Church's unity expressed, in similar Councils. She thankfully acknowledges that the uniting Churches were members of the World Council of Churches and other ecumenical bodies, and she will seek to maintain such membership. She remembers the special relationship which obtained between the several uniting Churches and other Churches of similar traditions, and will continue to learn from their witness and be strengthened by their fellowship. She is encouraged by the existence of United Churches in which these and other traditions have been incorporated, and wishes to learn from their experience. She believes that Christians in Australia are called to bear witness to a unity of faith and life in Christ which transcends cultural and economic, national and racial boundaries, and to this end she commits herself to seek special relationships with Churches in Asia and the Pacific. She declares her desire to enter more deeply into the faith and mission of the Church in Australia, by working together and seeking union with other Churches.
3. The Uniting Church acknowledges that the faith and unity of the Holy Catholic and Apostolic Church are built upon the one Lord Jesus Christ. The Church preaches Christ the risen crucified One and confesses him as Lord to the glory of God the Father. In Jesus Christ, God was reconciling the world to himself. In love for the world, God gave his Son to take away the world's sin. Jesus of Nazareth announced the sovereign grace of God whereby the poor in spirit could receive the Father's love. He himself, in his life and death, made the response of humility, obedience and trust which God had long sought in vain. In raising him to live and reign, God confirmed and completed the witness which Jesus bore to him on earth, he reasserted his claim over the whole of his creation, he pardoned sinners, and made in Jesus a representative beginning of a new order of righteousness and love. To God in Christ men are called to respond in faith. To this end God has sent forth his Spirit that men may trust him as their Father, and acknowledge Jesus as Lord. The whole work of man's salvation is effected by the sovereign grace of God alone. The Church as the fellowship of the Holy Spirit confesses Jesus as Lord over her own life, she also confesses that he is Head over all things, the beginning of a new creation, of a new mankind. God in Christ has given to men in the Church the Holy Spirit as a pledge and foretaste of that coming reconciliation and renewal which is the end in view for the whole creation. The Church's call is to serve that end: to be a fellowship of reconciliation, a body within which the diverse gifts of its members are used for the building up of the whole an instrument through which Christ may work and bear witness to himself. The Church lives between the time of Christ's death and resurrection and the final consummation of all things which he will bring; she is a pilgrim people, always on the way towards a promised goal; here she does not have a continuing city but seeks one to come. On the way Christ feeds her with Word and Sacraments, and she has the gift of the Spirit in order that she may not lose the way.
4. The Uniting Church acknowledges that the Church is able to live and endure through the changes of history only because her Lord comes, addresses, and deals with men in and through the news of his completed work. Christ who is present when he is preached among men is the Word of the God who acquits the guilty, who gives life to the dead and who brings into being what otherwise could not exist. Through human witness in word and action, and in the power of the Holy Spirit, Christ reaches out to command men's attention and awaken their faith; he calls them into the fellowship of his sufferings, to be the disciples of a crucified Lord; in his own strange way he constitutes, rules and renews them as his Church.
5. The Uniting Church acknowledges that the Church has received the books of the Old and New Testaments as unique prophetic and apostolic testimony, in which she hears the Word of God and by which her faith and obedience are nourished and regulated. When the Church preaches Jesus Christ, her message is controlled by the Biblical witnesses. The Word of God on whom man's salvation depends is to be heard and known from Scripture appropriated in the worshipping and witnessing life of the Church. The Uniting Church lays upon her members the serious duty of reading the Scriptures, commits her ministers to preach from these and to administer the sacraments of Baptism and the Lord's Supper as effective signs of the Gospel set forth in the Scriptures.
6. The Uniting Church acknowledges that Christ has commanded his Church to proclaim the Gospel both in words and in the two visible acts of Baptism and the Lord's Supper. He himself acts in and through everything that the Church does in obedience to his commandment; it is he who by the gift of the Spirit confers upon menthe forgiveness, the fellowship, the new life and the freedom which the proclamation and actions promise; and it is he who awakens, purifies and advances in men the faith and hope in which alone such benefits can be accepted.
7. The Uniting Church acknowledges that Christ incorporates men into his body by Baptism. In this way he enables them to participate in his own baptism, which was accomplished once on behalf of all in his death and burial, and which was made available to all when, risen and ascended, he poured out the Holy Spirit at Pentecost. Baptism into Christ's body initiates men into his life and mission in the world, so that they are united in one fellowship of love, service, suffering and joy, in one family of the Father of all in heaven and earth, and in the power of the one Spirit. The Uniting Church will baptize those who confess the Christian faith, and children who are presented for baptism and for whose instruction and nourishment in the faith the Church takes responsibility.
8. The Uniting Church acknowledges that Christ signifies and seals his continuing presence with his people in the Lord's Supper or the Holy Communion constantly repeated in the life of the Church. In this sacrament of his broken body and outpoured blood the risen Lord frees his baptized people on their way to the final inheritance of the Kingdom. Thus the people of God, through faith and the gift and power of the Holy Spirit, have communion with their Saviour, make their sacrifice of praise and thanksgiving, proclaim the Lord's death, grow together into Christ, are strengthened for their participation in the mission of Christ in the world, and rejoice in the foretaste of the Kingdom which he will bring to consummation.
9. The Uniting Church enters into unity with the Church throughout the ages by her use of the confessions known as the Apostles' Creed and the Nicene Creed. She receives these as authoritative statements of the Catholic Faith, framed in the language of their day and used by Christians in many days, to declare and to guard the right understanding of that faith. She commits her ministers and instructors to careful study of these creeds and to the discipline of interpreting their teaching in a later age. She commends to ministers and congregations their use for instruction in the faith, and their use in worship as acts of allegiance to the Holy Trinity.
10. The Uniting Church continues to learn of the teaching of the Holy Scriptures in the obedience and freedom of faith, and in the power of the promised gift of the Holy Spirit, from the witness of reformation fathers as expressed in various ways in the Scots Confession of Faith (1560), the Heidelberg Catechism (1563), the Westminister Confession of Faith (1647), and the Savoy Declaration (1658). In like manner she will listen to the preaching of John Wesley in his Forty-Four Sermons (1793). She will commit her ministers and instructors to study these statements, so that the congregation of Christ's people may again and again be reminded of the grace which justifies them through faith, of the centrality of the person and work of Christ the justifier, and of the need for a constant appeal to Holy Scripture.
11. The Uniting Church acknowledges that God has never left his Church without faithful and scholarly interpreters of Scripture, or without those who have reflected deeply upon, and acted trustingly in obedience to, his living Word. In particular she enters into the inheritance of literary historical and scientific enquiry which has characterised recent centuries, and thanks God for the knowledge of his ways with men which are open to an informed faith. She lives within a world-wide fellowship of Churches in which she will learn to sharpen her understanding of the will and purpose of God by contact with contemporary thought. Within that fellowship she also stands in relation to contemporary societies in ways which will help her to understand her own nature and mission. She thanks God for the continuing witness and service of evangelist, of scholar, of prophet and of martyr. She prays that she may be ready when occasion demands to confess her Lord in fresh words and deeds.
12. The Uniting Church recognises and accepts as her members all who are recognised as members of the Uniting Churches at the time of union. Thereafter membership is open to all who are baptized into the Holy Catholic Church in the name of the Father and the Son and the Holy Spirit. The Uniting Church will seek ways in which the baptized may have confirmed to them the promises of God, and to be led to deeper commitment to the faith and service into which they have been baptized. To this end she commits herself to undertake, with other Christians, to explore and develop the relation of baptism to confirmation and to participation in the Holy Communion.
13. The Uniting Church affirms that every member of the Church is engaged to confess the faith of Christ crucified and to be his faithful servant. She acknowledges with thanksgiving that the one Spirit has endowed the members of his Church with a diversity of gifts, and that there is no gift without its corresponding service: all ministries have a part in the ministry of Christ. The Uniting Church, at the time of union, will recognise and accept the ministries of those who have been called to any task or responsibility in the uniting Churches. The Uniting Church will thereafter provide for the exercise by men and women of the gifts God bestows upon them, and will order her life in response to his call to enter more fully into her mission.
14. The Uniting Church, from inception, will seek the guidance of the Holy Spirit to recognise among her members men and women called of God to preach the Gospel, to lead the people in worship, to care for the flock, to share in government and to serve those in need in the world. To this end:
(a) The Uniting Church recognises and accepts as ministers of the Word all who have held such office in any of the uniting Churches, and who, being in good standing in one of those Churches at the time of union, adhere to the Basis of Union. This adherence and acceptance may take place at the time of union or at a later date. Since the Church lives by the power of the Word, she is assured that God, who has never left himself without witness to that Word, will, through Christ and in the power of the Holy Spirit, call and set apart members of the Church to be ministers of the Word. These will preach the Gospel, administer the sacraments and exercise pastoral care so that all may be equipped for their particular ministries, thus maintaining the apostolic witness to Christ in the Church. Such members will be called Ministers and their setting apart will be known as Ordination. The Presbytery will ordain by prayer and the laying on of hands in the presence of a worshipping congregation. In this act of ordination the Church praises the ascended Christ for conferring gifts upon men. She recognises his call of the individual to be his minister; she prays for the enabling power of the Holy Spirit to equip him for that service. By the participation in the act of ordination of those already ordained, the Church bears witness to God's faithfulness and declares the hope by which she lives. In company with other Christians the Uniting Church will seek for a renewed understanding of the way in which the congregation participates in ordination and of the significance of ordination in the life of the Church.
(b) The Uniting Church recognises and accepts as elders or leaders those who at the time of union hold the office of elder, deacon or leader appointed to exercise spiritual oversight, and who, being in good standing in any of the uniting Churches at the time of union, adhere to the Basis of Union. She will seek to recognise in the congregation those endowed by the Spirit with gifts fitting them for rule and oversight. Such members will be called Elders or Leaders.
(c) The Uniting Church recognises and accepts as deaconesses those who at the time of union are deaconesses in good standing in any of the uniting Churches and who adhere to the Basis of Union. She believes that the Holy Spirit will continue to call women to share in this way in the varied services and witness of the Church, and she will make provision for this. Such members will be called Deaconesses. The Uniting Church recognises that at the time of union many seek a renewal of the diaconate in which men and women offer their time and talents, representatively and on behalf of God's people, in the service of mankind in the face of changing needs. She will so order her life that she remains open to the possibility that God may call men and women into such a renewed diaconate; in these circumstances she may decide to call them Deacons and Deaconesses, whether the service is within or beyond the life of the congregation.
(d) The Uniting Church recognises and accepts as lay preachers those who at the time of union are accredited lay preachers (local preachers) in any of the uniting Churches and who adhere to the Basis of Union. She will seek to recognise those endowed with the gift of the Spirit for this task, will provide for their training, and will gladly wait upon thatfuller understanding of the obedience of the Christian man which should flow from their ministry. Such members will be called Lay Preachers.
In the above subparagraphs the phrase "adhere to the Basis of Union" is understood as willingness to live and work within the faith and unity of the One Holy Catholic and Apostolic Church as that way is described in this Basis. Such adherence allows for difference of opinion in matters which do not enter into the substance of the faith. The Uniting Church recognises that the type and duration of ministries to which men and women are called vary from time to time and place to place, and that in particular she comes into being in a period of reconsideration of traditional forms of the ministry, and of renewed participation of all people of God in the preaching of the Word, the administration of the sacraments, the building up of the fellowship in mutual love, in commitment to Christ's mission, and in service of the world for which he died.
15. The Uniting Church recognises that responsibility for government in the Church belongs to the people of God by virtue of the gifts and tasks which God has laid upon them. The Uniting Church therefore so organises her life that locally, regionally and nationally government will be entrusted to representatives, men and women, bearing the gifts and graces with which God has endowed them for the building up of his Church. The Uniting Church is governed by a series of inter-related councils, each of which has its tasks and responsibilities in relation both to the Church and the world. The Uniting Church acknowledges that Christ alone is supreme in his Church, and that he may speak to her through any of her councils. It is the task of every council to wait upon God's Word, and to obey his will in the matters allocated to its oversight. Each council will recognise the limits of its own authority and give heed to other councils of the Church, so that the whole body of believers may be united by mutual submission in the service of the Gospel. To this end the Uniting Church makes provision in her constitution for the following:
(a) The Congregation is the embodiment in one place of the One Holy Catholic and Apostolic Church, worshipping, witnessing and serving as a fellowship of the Spirit in Christ. Its members meet regularly to hear God's Word, to celebrate the sacraments to build one another up in love, to share in the wider responsibilities of the Church, and to serve the world. The congregation will recognise the need for a diversity of agencies for the better ordering of her life in such matters as education, administration and finance.
(b) The Elders' or Leaders' Meeting (the council within a congregation or group of congregations) consists of the minister and those who are called to share with him in oversight. It is responsible for building up the congregation in faith and love, sustaining its members in hope, and leading them into a fuller participation in Christ's mission in the world.
(c) The Presbytery (the district council) consists of such ministers elders/leaders and other Church members as are appointed thereto the majority of elders/leaders and Church members being appointed by Elders'/Leaders' Meetings and/or congregations, on a basis determined by the Synod. Its function is to perform all the acts of oversight necessary to the life and mission of the Church in the area for which it is responsible, except over those agencies which are directly responsible to the Synod or Assembly. It will in particular exercise oversight over the congregations within its bounds, encouraging them to strengthen one another's faith, to bear one another's burdens, and exhorting them to fulfill their high calling in Christ Jesus. It will promote those wider aspects of the work of the Church committed to it by the Synod or Assembly.
(d) The Synod (the regional council) consists of such ministers, elders/leaders and other Church members as are appointed thereto, the majority being appointed by Presbyteries, Elders'/Leaders' Meetings or congregations, on a basis determined by the Assembly. It has responsibility for the general oversight, direction and administration of the Church's worship, witness and service in the region allotted to it, with such powers and authorities as may from time to time be determined by the Assembly.
(e) The Assembly (the national council) consists of such ministers, elders/leaders and other Church members as are appointed thereto, the majority being appointed by the Presbyteries and Synods. It has determining responsibility for matters of doctrine, worship, government and discipline, including the promotion of the Church's mission, the establishment of standards of theological training and reception of ministers from other communions, and the taking of further measures towards the wider union of the Church. It makes the guiding decisions on the tasks and authority to be exercised by other councils. It is obligatory for it to seek the concurrence of other councils, and on occasion of the congregations of the Church, on matters of vital importance to the life of the Church. The first Assembly, however, will consist of members of the uniting Churches, appointed in equal numbers by them in such manner as they may determine, and is vested with such powers as may be necessary to establish the Uniting Church according to the provisions of the Basis of Union.
Until such time as councils other than the Assembly can be established, the Uniting Church recognises and accepts the various agencies for the discharge of responsibility which are in existence in the uniting Churches. She invites any such continuing bodies immediately to enter into a period of self-examination in which members are asked to consider afresh their common commitment to the Church's mission and their demonstration of her unity. She prays that God will enable them to order their lives for these purposes.
16. The Uniting Church recognises the responsibility and freedom which belong to councils to acknowledge gifts among members for the fulfilment of particular functions. She sees in pastoral care exercised personally on behalf of the Church an expression of the fact that God always deals with men personally: he would have his fatherly care known among men; he would have individual members take upon themselves the form of a servant.
17. The Uniting Church acknowledges that the demand of the Gospel, the response of the Church to the Gospel, and the discipline which it requires are partly expressed in the formulation by the Church of her law. The aim of such law is to confess God's will for the life of his Church; but since law is received by man and framed by him, it is always subject to revision in order that it may better serve the Gospel. The Uniting Church will keep her law under constant review so that her life may increasingly be directed to the service of God and man, and her worship to a true and faithful setting forth of, and response to, the Gospel of Christ. The law of the Church will speak of the free obedience of the children of God, and will look to the final reconciliation of mankind under God's sovereign grace.
18. The Uniting Church affirms that she belongs to the people of God on the way to the promised end. She prays God that, through the gift of the Spirit, he will constantly correct that which is erroneous in her life, will bring her into deeper unity with other Churches, and will use her worship, witness and service to His eternal glory through Jesus Christ the Lord. Amen.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part I Preliminary
Part I Preliminary
1 Short title and commencement
1 Short title and commencement
(1) This Act may be cited as the Uniting Church in Australia Act 1977 .
(2) This Act shall commence on a day to be fixed by proclamation.
2 Repeals
2 Repeals
The Acts specified in Schedule I are repealed.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
appointed day means the day on which this Act commences;
Assembly means the Assembly of the Church referred to in clause 15(e) of the Basis of Union, and includes the Inaugurating Assembly;
Basis of Union means the Basis of Union set forth in Schedule II ;
Church means The Uniting Church in Australia;
Congregational Church means the Congregational Union of Australia and the Congregational Unions in each of the States of the Commonwealth, and includes the individual churches that have resolved to enter into union with the Methodist and Presbyterian Churches and any department, society, auxiliary, activity, fund, service, institution, or interest of any such individual church or union;
conveyance includes transfer;
Inaugurating Assembly means the first Assembly of the Church that is convened in accordance with the Basis of Union;
Methodist Church means the Methodist Church of Australasia, and includes any congregation, circuit, department, society, auxiliary, activity, fund, service, institution, or interest of that church, except the Conferences of Fiji, Samoa and Tonga;
Preserves certain pre-existing rights and reservations (s 18(12)-(13)), excludes application of the evidentiary provision to disputes with the Presbyterian Church continuing to function after the appointed day (s 21(2)), and preserves rights under the Presbyterian Church of Australia Act 1971 (s 37).
Grants the Assembly regulatory powers over trust property (s 30) and requires the Trust to observe directions, regulations or resolutions of the Assembly regarding exercise of its powers (s 11(4)).
Enables Synod action to alter trusts under specified circumstances (s 33), provides blending and investment rules for funds (ss 35-36), indemnifies officers and others acting under the Act (s 34), and governs cooperative use of Trust property with other denominations (s 31).
The Act therefore centralises ownership and administration of a wide class of church property into a single Tasmanian corporate trust and lays out formal processes for governance, dealing, registration and dispute-related evidentiary treatment.
Main concepts
Several recurring legal concepts structure the Act. Define and locate them in the text before analysing consequences.
Trust and Trust Property: The Trust is a statutory corporation created by s 10(1) that "shall hold trust property in trust for the Church in accordance with the provisions of this Act" (s 11(2)). "Trust property" is property vested in, or acquired by, the Trust by or pursuant to the Act (s 3). The Trust's statutory character replaces a range of previous private or corporate trustees (s 18).
Automatic Vesting: Section 18 is the central operational device. It divests property from prior trustees and vests it in the Trust by operation of law on the appointed day, "without any conveyance or other assurance" (s 18(1)-(4), (8)-(9)). For Torrens land, that vesting operates in equity until statutory Land Titles Act formalities are completed (s 18(10)-(11)).
Assembly and Synod Authority: The Basis of Union (Schedule II) and specific sections allocate governing roles. The Assembly has plenary powers to determine doctrine and to direct the Trust (s 9; s 11(4)). The Synod is the regional council; it appoints Trust members after the Inaugurating Assembly (s 10(2)(d)) and may alter trusts in specified circumstances (s 33).
Preservation and Exception Clauses: The Act expressly preserves special trusts, resulting trusts, donor trusts and other interests that existed immediately prior to vesting (s 18(12)-(13)). Schedule IV lists Congregational properties that do not go into the Uniting Church (s 18(3)). Section 21(2) carves out disputes between the Church and the Presbyterian Church continuing to function after the appointed day from the prima facie evidentiary rule.
Titles and Evidentiary Rules: Certificates under the Trust seal are given probative weight,prima facie evidence (s 21(1)) and, for Land Titles registration, conclusive evidence (s 21(3)). The Recorder of Titles and other officials dealing with transactions need not inquire into the necessity or propriety of the Trust's exercise of powers (s 25).
Dealings and Protections for Third Parties: The Act provides protections for purchasers, mortgagees and registrars from inquiry into internal authorisations (s 25) and for parties who rely on Trust receipts (s 24), which reduces due diligence burdens on counterparties.
Financial Administration: The Act contemplates pooling (blending) of separate trust funds for investment and ratable distribution of returns (s 35), and confers broad investment powers consistent with the Trustee Act 1898 or directions of the Assembly (s 36).
Each of these concepts produces specific incentives and costs: automatic vesting reduces transactional friction but shifts title registration work to the Trust and may create a temporary equity gap for Torrens land (s 18(10)). Evidentiary certificates increase transactional certainty for third parties but limit inquiry into internal church decisions (ss 21, 25). Synod power to alter trusts (s 33) creates a governance lever with potential to adapt property uses as circumstances change but also raises questions about donor intent and minority interests, subject to the limited statutory restraints in s 18(12) and s 33(2).
Who it affects
The Act identifies multiple sets of affected parties, and the statutory architecture makes clear who pays, who decides, and how behaviours change.
Primary entities:
The Trust (The Uniting Church in Australia Property Trust (Tas.)), created by s 10(1) and holding the vested property under s 11(2). The Trust is both the instrument of implementation and the immediate repository of property rights.
The Church (The Uniting Church in Australia), defined in s 3 and constituted by the union under ss 4-5 and Schedule II. The Assembly, Synod, Presbytery, congregations and ministers are organisational actors within the Church under the Basis of Union (Schedule II).
Persons and bodies with prior interests:
Individual trustees and trustee companies that previously held property for Methodist, Congregational or Presbyterian Churches. The Act divests property "immediately before the appointed day" from those trustees and vests it in the Trust (s 18(1)-(9)). Schedule I lists repealed Acts under which prior trustee regimes operated.
Congregational churches that either join the union or do not. Schedule IV lists Congregational properties expressly excluded from vesting under s 18(3); s 19(4) protects individual Congregational Churches that do not resolve to enter union.
Third parties and counterparties:
Mortgagees, purchasers and registrars who deal with property vested in the Trust. The Act relieves these actors from making inquiries into the propriety or authorisation of Trust powers (s 25), and accepts Trust receipts as exonerating the payor from liability for application of funds (s 24).
Lessees: the Act expressly states that lessees need not attorn to the Trust for land vested in it (s 18(14)), which affects lease relationships and reduces procedural friction.
Beneficiaries and donors:
Persons (donors) and beneficiaries of "special trusts", resulting trusts, donor-specific trusts or trusts in favour of persons other than the Uniting Churches retain protections: such trusts are not displaced by vesting, except as specifically declared (s 18(12)). However, s 33 permits the Synod to alter trusts where it regards the original trusts as impossible or inexpedient to carry out.
Institutions of prior governance:
The Presbyterian Church continuing to function after the appointed day is explicitly preserved; rights under the Presbyterian Church of Australia Act 1971 are not affected (s 18(6); s 37). Section 21(2) excludes the prima facie evidentiary certificate provision from disputes between the Church and that continuing Presbyterian Church.
Administrators and officers:
The Moderator, Secretary and Property Officer of the Synod are specified office-holders who form part of the Trust (s 10(2)(a)-(c)), and on whom service of legal process may be effected (s 26).
Who pays and who decides:
Payment responsibilities for legal costs, registration formalities and administration fall to the Trust; the Act authorises the Trust to act in claims for compensation, negotiate settlements, and apply funds (s 23). Governance decisions about property use, co-operative schemes, and alteration of trusts are allocated to the Assembly and Synod (ss 11(4), 30, 31, 33). The Assembly can make regulations for management of trust property (s 30(1)) and the Trust must observe Assembly directions (s 11(4)).
Behavioural changes:
Pre-existing trustees will cease to hold title and must transfer administrative responsibilities to the Trust without conveyance (s 18). Third parties can rely on Trust certificates and sealed instruments without inquiring into internal authorisations (ss 15, 21, 25), reducing counterparty due diligence. Congregations or continuing bodies that do not join the union maintain some separate rights (s 19(4); Schedule IV).
Concentrated benefits and diffuse costs:
Centralisation concentrates control and legal capacity in the Trust and Assembly (ss 10, 11, 30). Counterparties obtain certainty and diminished inquiry costs (s 25). Potential costs are diffuse: donors, local congregations and intended beneficiaries may bear transaction costs, loss of local control or changes in trust purposes if the Synod exercises s 33 powers. The Act preserves many pre-existing interests (s 18(12)), but also authorises alteration where Synod considers the original trusts impracticable (s 33(1)), creating a risk profile to be considered by affected parties.
Key duties and rights
The Act sets out specific duties for the Trust, Assembly and Synod, and confers rights on third parties and prior interest-holders. Below are the principal duties and the principal rights, with statutory citations.
Key duties:
Trust duties to hold trust property for the Church in accordance with the Act (s 11(2)). This is the foundational fiduciary duty on the statutory Trust.
Duty to observe directions, regulations and resolutions of the Assembly as to exercise of powers (s 11(4)). The Trust is thus subordinated to Assembly directives on property management.
Procedural duties in governance: meetings must be presided over by the chairman (s 12(1)); quorum is three (s 12(5)); questions decided by majority with chair having deliberative vote (ss 12(3)-(4)). Seal must be affixed pursuant to a resolution of a convened meeting and instruments so sealed signed by at least two members (s 15(3)).
Duty to preserve the register of former trustees (s 29(2)).
Duty to act in relation to compulsory acquisition or claims for compensation only subject to a resolution or direction of the Assembly or an appointed committee (s 23).
Key rights and powers:
Power to acquire, hold, dispose of, mortgage and otherwise encumber property (s 11(3)(a)-(b)). These are wide proprietary powers similar to ordinary freehold owner rights.
Right to act as executor, administrator or trustee in relation to estates in which the Church has a beneficial interest (s 27(1)-(2)), including entitlement to any remuneration (s 27(5)).
Power to invest funds according to the Trustee Act 1898 or under Assembly direction (s 36).
Power to blend separate trust funds into one investment pool and distribute income ratably (s 35(1)-(2)); to make advances out of those moneys (s 35(3)-(4)).
Power to permit cooperative use of Trust property by other denominations under schemes determined in accordance with Church law, and to prescribe contributions and security arrangements (s 31(1)-(3)).
Right to have its sealed certificates treated as prima facie evidence that property is held by it for the Church (s 21(1)) and, for land registration, conclusive evidence for the purposes of an application under the Land Titles Act 1980 (s 21(3)).
Protections and exclusions:
Third parties dealing with the Trust are not required to inquire into internal propriety and are not affected by notice of unauthorised exercise of power (s 25(1)). This shields purchasers, mortgagees and registrars from later disputes about authorisation.
Receipts executed in accordance with the Act exonerate payors from liability to see to the application of moneys (s 24).
Lessees need not attorn to the Trust when land vests in it (s 18(14)).
Indemnity: members of the Trust and persons acting under Assembly directions are entitled to be indemnified out of trust property against expenses or liabilities incurred in performing duties, unless incurred in fraudulent or negligent breach (s 34).
Constraints and preserved rights:
The Act preserves, subject to its own provisions, special trusts, resulting trusts, donor trusts and existing reservations, mortgages or leases that affected property before vesting (s 18(12)-(13)).
Rights conferred by the Presbyterian Church of Australia Act 1971 and associated Schedule rights are preserved (s 18(5); s 37).
The prima facie evidentiary certificate does not apply in disputes between the Church and the continuing Presbyterian Church (s 21(2)).
Administrative powers of Assembly and Synod:
Assembly may make regulations for control, management and administration of trust property (s 30(1)), and the Trust must observe Assembly directions (s 11(4)). Synod can appoint Trust members (s 10(2)(d)) and, in opinion-based circumstances, alter trusts (s 33(1)-(2)).
Rights and duties thus create a centralised administrative and commercial actor (the Trust) with broad property faculties, while preserving a set of donor and statutory safeguards and granting rights to third parties to rely on Trust instruments without inquiring into internal authorisations.
Penalties and enforcement
The text supplied does not create specific criminal penalties or civil fines tied to breach of the Act. Enforcement in the Act operates through civil law mechanisms, evidentiary presumptions and statutory protections that affect the distribution of legal burdens in disputes and transactions.
Enforcement mechanisms and evidentiary consequences:
The Trust is a corporate entity with legal personality and therefore can sue and be sued in its corporate name (s 11(1)). This provides the standard civil enforcement route for claims for relief against or by the Trust.
A certificate under the Trust seal that property specified is held by it on trust for the Church is prima facie evidence in all proceedings (s 21(1)). For purposes of Land Titles registration, a certificate “is conclusive evidence of the matters so certified” for an application by the Trust to be registered as proprietor pursuant to the Land Titles Act 1980 (s 21(3)). These provisions change evidentiary burdens in civil litigation and land registration.
The Act excludes the operation of the prima facie certificate in disputes concerning property between the Church and the Presbyterian Church continuing to function after the appointed day (s 21(2)), maintaining a limited exception to the evidentiary rule.
The Recorder of Titles, Registrar of Deeds and other persons registering or certifying title “are not concerned to see or inquire into the necessity for, or the propriety of, the exercise by the Trust of its powers” and are not affected by notice that such exercise is unauthorised (s 25(1)). That removes preventative enforcement via registrars or vendors and places the burden of contest on interested parties rather than on third-party registries or purchasers.
Protections that affect enforcement exposures:
Receipts made in accordance with the Act exonerate payors from liability to see to application of moneys (s 24). This reduces the scope for later claims against payors for misapplication, and concentrates enforcement claims against the Trust.
The Trust has rights, powers, remedies and obligations in relation to vested property equivalent to those the previous holders would have had (s 22). That continuity enables the Trust to pursue or defend actions that predecessor trustees could have pursued.
Indemnity and limitation of personal liability:
Persons exercising powers or performing duties under the Act are entitled to indemnity out of trust property for expenses and liabilities incurred in connection, unless incurred in the course of a fraudulent or negligent breach of trust (s 34). This reduces personal enforcement exposure for officers and authorised agents, but preserves civil exposure for fraud or negligence.
Dispute resolution and statutory remedies:
The Act does not prescribe novel statutory dispute resolution procedures or specialised administrative penalties; disputes over property, title or trust obligations would be litigated in ordinary courts, with the statutory evidentiary and registration rules influencing outcomes (ss 18, 21). The Act’s provisions that preserve special trusts and reservations (s 18(12)) effectively require courts to take those prior interests into account.
Practical enforcement implications:
Third parties who pay or register in good faith against Trust certificates obtain strong legal protection (ss 21, 24, 25), placing on challengers the burden of disproving the certificate or showing fraud/negligence. Conversely, persons whose donor intent or beneficiary rights are altered by Synod resolutions or vesting must pursue civil remedies to enforce the preserved trusts (s 18(12)) or contest Synod actions under the general law, subject to statutory deference to Synod opinion where s 33 applies.
In short, enforcement is organised around civil remedies, persuasive and conclusive evidentiary certificates, institutional indemnities and protections for third parties dealing with Trust property, rather than by criminal sanctions or administrative fines created within this Act.
How it interacts with other laws
The Act expressly cross-references and interacts with several other legislative instruments and legal categories. The text sets out both statutory interfaces and limits on those interfaces.
Land Titles Act 1980:
For property held under the Land Titles Act 1980, the Act clarifies the nature of vesting: vesting effected by s 18 operates in equity only and does not vest at law until the requirements of the Land Titles Act have been complied with (s 18(10)). The vesting contemplated constitutes a vesting for the purposes of s 120 of the Land Titles Act (s 18(11)). Section 21(3) further gives a Trust certificate conclusive effect for applications by the Trust for registration under the Land Titles Act. These provisions create a staged interaction: immediate equitable vesting by this Act; legal registration in the Torrens system only after statutory steps; and evidentiary facilitation by Trust certificates for registration.
Trustee Act 1898:
The Trust’s power to invest funds is bounded by the Trustee Act 1898 unless expressly forbidden by an instrument creating a special trust (s 36). Thus, the Act does not create an independent investment code but imports established trustee investment law as the default standard of prudence and permissible vehicles.
Presbyterian Church Acts and Presbyterian Church of Australia Act 1971:
The Act engages with prior Presbyterian Acts in multiple ways. Section 18(4)-(6) addresses property vested under the Presbyterian Church Act 1896 and the Presbyterian Church Act 1908 and the rights created under s 4 and clause 18 of the Schedule to the Presbyterian Church of Australia Act 1971 are preserved (s 18(5)). Section 18(6) explicitly states nothing in s 18(4) vests in the Trust any property to which the Presbyterian Church continuing to function after the appointed day is or becomes entitled. Section 37 confirms that the Act does not deprive the Church, any of the uniting churches, or the Presbyterian Church continuing to function after the appointed day of rights held by virtue of the Presbyterian Church of Australia Act 1971. These cross-reference clauses preserve the operation of earlier statutory regimes where they continue to apply.
Repealed statutes:
Schedule I lists Acts repealed by s 2, including the Congregational Union Incorporation Act 1887, Tasmanian Wesleyan Methodists Act 1888, Methodist Union Act 1902, Methodist Church Act 1911 and Methodist Church Property Act 1929. The repeal of those Acts is the statutory vehicle by which the Trust supplants prior institutional forms, but the Act proceeds to preserve certain trusts created under those Acts by s 18(12).
General property and trust law:
The Act preserves special or resulting trusts that existed prior to vesting (s 18(12)-(13)), and provides that the Trust has the same rights, remedies and obligations as the person formerly vested (s 22). This indicates the Act’s intention to operate alongside common law equitable principles and existing trust law.
Procedural and registry rules:
Section 25 protects registrars and persons dealing with the Trust from having to inquire into the Trust’s internal authorisations, which alters the practical operation of registries and private conveyancing, creating a statutory non-inquiry rule for persons in good faith and for value.
Church law (Basis of Union):
The Basis of Union (Schedule II) is incorporated as the guiding constitutional and doctrinal framework for the Uniting Church. The Act permits the Assembly to adopt or amend a Constitution consistent with the Basis (ss 7-8) and authorises the Assembly to determine matters of doctrine (s 9). The Act therefore creates a hybrid legal space where ecclesiastical governance interacts with civil property law.
In sum, the Act integrates with Torrens title registration, trustee investment law, pre-existing ecclesiastical statutes and ordinary property/trust law. It seeks to preserve certain pre-existing rights while streamlining vesting and registration through statutory mechanisms that depend on compliance with other statutory schemes, most notably the Land Titles Act 1980 and the Trustee Act 1898.
Amendment history
The text of the Act as supplied contains internal amendment annotations and cross-references indicating specific, recorded legislative changes. The Act itself notes a small number of express textual amendments:
Section 13, subsection (b)(iv) contains an amendment note: "[Section 13 Amended by No. 32 of 1996, Sched. 1, Applied: 01 Nov 1999]" attached to the ground "is unable to perform competently the duties of the office" (s 13(b)(iv)). The Act’s text therefore incorporates a post-enactment modification addressing competency as a ground for vacation of office.
Section 18 subsections (10) and (11) and section 21 subsection (3) carry amendment notes: "[Section 18 Subsection (10) amended by No. 19 of 1980, s. 171 and Sched. 1]" and corresponding notes for s 18(11) and s 21(3). Those annotations indicate that provisions addressing Land Titles interactions and the conclusive evidentiary effect for registration purposes were inserted or amended by a later Act (No. 19 of 1980).
These embedded marginal notes are the only amendment history recorded in the supplied text. They reveal two concrete legislative interventions:
A 1980 amendment aligning the Act’s vesting and evidentiary mechanics with the Land Titles Act 1980 (ss 18(10)-(11); s 21(3)).
A 1996 amendment (applied 1999) inserting a competency ground for vacation of Trust membership (s 13(b)(iv)).
The Act otherwise contains internal transitional and saving provisions (for example, Schedules III-V and s 29 preserving the register of former trustees) that reflect the legislative policy of substituting a new institutional trustee while preserving certain legacy records and titles.
No further amendment schedule or dates are set out within the supplied text. For a complete and current amendment history, a reader must consult official consolidated versions or external statute revision sources; the Act’s own marginal notes provide a partial trail for specific changes that affected vacancy grounds and Land Titles mechanics.
Litigation history
The Act text supplied does not contain judicial decisions, case citations or any express references to litigation outcomes under the Act. There are no cases named in the instrument, and no statutory schedules recording litigation or judicial interpretations. Consequently, the statute’s text alone provides no direct litigation history to report.
That absence is material in several respects:
The Act creates evidentiary presumptions (s 21) and non-inquiry protections (s 25) that civil courts will ultimately interpret if contested. Without published judicial decisions in the supplied materials, practitioners must assume that courts could be called upon to reconcile the Act’s statutory presumptions with ordinary equitable doctrines where disputes arise, particularly in contested claims involving donor intent, special trusts, or the Presbyterian Church continuing to function after the appointed day (s 21(2); s 18(12)).
The Synod’s power to alter trusts (s 33) and its subjective-language threshold,"in the opinion of the Synod it has become impossible or inexpedient",creates an area for judicial review or challenge if affected parties claim breach of trust or misapplication. The Act does not supply judicially authoritative tests for that threshold; absent case law in the text, the scope of court deference to Synod opinion remains an open question for litigation.
The interoperation with the Land Titles Act (s 18(10)-(11); s 21(3)) creates transactional pathways that could be litigated, for example where registration certificates issued under the Act are challenged on the basis of undisclosed special trusts or competing equities. Without a litigation record in the Act, the precise interplay of equitable vesting and Torrens registration in contested circumstances is not settled by this text alone.
For practitioners, the lack of embedded litigation history in the statute means that risk assessment must proceed on statutory language and established principles of trust, property and administrative law. Anticipate that courts will be asked to resolve:
Whether Synod resolutions to alter trusts under s 33 properly respect preserved special trusts under s 18(12) and whether courts should review Synod opinion for reasonableness or bona fides.
The force of the Trust’s certificates when challenged by claimants asserting prior special trusts or proprietary rights excluded from vesting.
The application of indemnity and exclusion clauses where fraud or negligence is alleged (s 34).
Absent statutory case law, practitioners should treat the statutory presumptions as strong but potentially contestable in litigation and advise clients to document donor intent, special trust terms and any Synod or Assembly resolutions carefully to reduce litigation risk.
Gotchas
Several specific provisions in the Act create practical pitfalls or non-obvious legal effects that practitioners, trustees and donors should note.
Automatic vesting without conveyance (s 18(1)-(9)):
Property vests in the Trust "without any conveyance or other assurance", which means legal title transfer formalities are not required to effect equitable succession. For Torrens land, however, s 18(10) states the vesting is in equity only until the Land Titles Act requirements are complied with. Practitioners should not assume that the Trust holds indefeasible legal title immediately; registration steps under the Land Titles Act remain necessary to perfect title at law.
Evidentiary and registration consequences (ss 21(1), 21(3)):
A Trust certificate is prima facie evidence (s 21(1)) and conclusive for Land Titles registration purposes (s 21(3)). This reduces the capacity of parties to dispute ownership in administrative contexts, but s 21(2) excludes the prima facie rule in disputes between the Church and the continuing Presbyterian Church. Parties challenging Trust claims must therefore prepare evidence to rebut statutory presumptions or rely on the s 21(2) exception where applicable.
Non-inquiry protections for counterparties (s 25):
Purchasers and registrars are not required to inquire into the necessity or propriety of the Trust’s exercise of powers and are not affected by notice of unauthorised exercise (s 25(1)). This protects good-faith third parties but can disadvantage donors or beneficiaries who believe an internal authorisation was absent, shifting the remedy into litigation against the Trust rather than clouds on title.
Synod power to alter trusts (s 33):
The Synod may, by resolution and in its opinion, declare initial trusts impossible or inexpedient and substitute other trusts (s 33(1)). The language is opinion-based and there is no statutory procedural safeguard in the Act such as court approval or requiring consent of beneficiaries (except that s 33(2) directs that new trusts should be dealt with "for the same purposes as nearly as may be"). This creates a risk to donor-specific purposes, especially where the original trust is narrowly framed; donors and beneficiaries should consider recording clear special trusts, which the Act otherwise seeks to preserve (s 18(12)).
Blending of funds and cross-charging (s 35(1)-(4) and s 31(3)):
The Trust may pool funds for investment and distribute income ratably (s 35(1)-(2)). Losses are borne ratably (s 35(2)). Advances made from blended funds are treated as charges on Church assets with interest as fixed by the Trust (s 35(4)). This can change the economic incidence of gains and losses across previously segregated funds; trustees and fund managers should account for cross-subsidisation consequences and donor restrictions.
Cooperative schemes and indefeasible priority effects (s 31(3)-(4)):
The Synod may permit cooperative use of property and prescribe charges for contributions, and the Act limits inquiry into existence of such charges by registrars and others (s 31(4)). Mortgages or charges in favour of third parties may have priority over those security arrangements if registered by third parties in good faith (s 31(4)(b)). Parties entering into co-operative schemes must ensure security arrangements are properly documented and registered.
Indemnity limits (s 34):
The indemnity (s 34) does not protect persons against liabilities arising from fraudulent or negligent breaches of trust. Parties relying on statutory indemnity should maintain governance processes and risk controls to avoid exposure.
Exceptions and schedules:
Schedule IV lists properties that do not vest in the Trust (s 18(3)). Users must check the schedules carefully,property thought to be vested may be explicitly excluded. Schedule III lists properties expressly vested (s 18(1)(b)); absence from Schedule III does not mean the property does not vest if it meets broader criteria, but practitioners should confirm.
Service of process and execution of instruments:
Service of legal process can be effected on named office-holders (Moderator, Secretary, Property Officer) or an authorised person (s 26). Trust instruments require the common seal to be affixed under a meeting resolution and at least two member signatures to be effective (s 15(3)). Failure to follow those formalities could give rise to internal governance challenges, even if the Act’s non-inquiry protections protect third-party counterparties (s 25).
Preservation of pre-existing rights:
Section 18(12) preserves special trusts and other reservations except those declared by the Model Deed or specific historic statutes. However, the practical enforceability of preserved rights against the Trust may require litigation and proof of those prior interests.
In sum, the chief "gotchas" arise from the Act’s centralising mechanics: automatic equitable vesting, statutory evidentiary presumptions, non-inquiry protections for third parties, Synod’s opinion-based powers to alter trusts, and blending/charging rules that shift economic incidence. Each creates efficiency gains but also risk points for donors, local congregations and claimants asserting prior interests.
How to comply
For trustees, Synod/Assembly officers, congregations and third parties dealing with Trust property, the Act prescribes specific formal steps and practical best practices to align operations with statutory obligations and to manage legal risk.
For the Trust and Synod:
Recordkeeping and registration: Because vesting may be equitable only until Land Titles Act formalities are complied with (s 18(10)-(11)), promptly prepare and lodge transfer and registration documents under the Land Titles Act for Torrens land. Use the Trust’s sealed certificate under s 21(3) to support applications for registration.
Seal and execution formalities: Ensure that the common seal is applied only pursuant to a resolution passed at a duly convened meeting (s 15(3)) and that sealed instruments are signed by not less than two members of the Trust (s 15(3)). Maintain meeting minutes documenting the resolution authorising sealing.
Membership appointments and vacancies: Appoint Trust members in accordance with s 10: initial appointments by the Inaugurating Assembly and subsequent appointments by the Synod. Observe term limits and re-appointment rules (s 10(4)-(5)). Implement vacancy fills under s 14 where membership falls below the thresholds stipulated.
Governance procedures: Observe meeting rules (s 12), maintain a quorum of three members, and ensure that votes and chairing comply with s 12(1)-(5). Document deliberations supporting exercise of powers, particularly for actions that could be challenged under s 33 (alteration of trusts).
Investment governance: Invest funds only in forms authorised by the Trustee Act 1898 or as authorised by Assembly resolutions/delegations (s 36). If pooling funds (s 35), document the allocation method, ratable distribution formula, interest rates on advances (s 35(4)), and risk-sharing arrangements to meet fiduciary duties.
Indemnity and risk controls: Operate with insurance, internal controls and audit to reduce risk of fraud or negligence,the indemnity (s 34) excludes such conduct. Keep clear records to support the exercise of the indemnity in the event of legitimate claims.
For transactions involving third parties (purchasers, mortgagees, registrars):
Reliance on statutory protections: Third parties may rely on s 21 certificates and on s 25 non-inquiry protections. Nonetheless, prudent practice is to obtain certified copies of meeting resolutions authorising dispositions and verify the signatories required under s 15 to avoid subsequent claims by absent trustees or claimants.
Receipts: A receipt executed under the Trust common seal, signed by two members or an authorised person exonerates the payer from seeing to application of funds (s 24). Use the prescribed receipts format and ensure the signatory authority is recorded.
For donors, beneficiaries and congregations:
Register special trusts and document donor intent: If property is donated for a special purpose, ensure the trust instrument is explicit and retained in the Trust records; the Act preserves special trusts (s 18(12)), but clear drafting reduces litigation risk if Synod considers altering trusts under s 33.
Consider continuing separate structures where desired: The Act recognises that individual Congregational Churches that do not resolve to enter into union retain protections (s 19(4)). Entities wishing to keep property outside the Trust should comply with the statutory processes for non-admission.
For legal process and dispute management:
Service of process: Effect service on the Moderator, Secretary or Property Officer of the Synod, or on a person appearing authorised by the Trust (s 26). Maintain a register of authorised agents for service and ensure an up-to-date public contact point.
Contesting vesting or special trust claims: Assemble documentary evidence of pre-existing trusts, donor declarations and trust instruments in anticipation of disputes. Because s 21(1) creates a prima facie evidentiary presumption, challengers must prepare rebuttal evidence, particularly where the s 21(2) exception does not apply.
For cooperative schemes with other denominations (s 31):
If entering a co-operation that involves Trust property, ensure the scheme is authorised according to Church law, that the Synod records the scheme and any prescribed conditions (including contributions, security and charges), and that security interests are appropriately documented and, where required, registered to protect priority.
For compliance with statutory reporting and archives:
Preserve the register of former trustees (s 29) and make arrangements for custody; extracts of that register (Schedule V form) may be relied upon as evidence in land dealings (s 29(3)). Keep archives and certificates in order to support future registration and evidentiary needs.
In all cases, the practical compliance approach is documentation-heavy:
Document Assembly and Synod resolutions directing the Trust (s 11(4)); record the reasons where s 33 is invoked to alter trusts; record investment decisions and compliance with Trustee Act standards (s 36); and preserve sealed certificates and registration applications under s 21 to support Torrens registration and the Act’s evidentiary presumptions.
Following these concrete steps aligns property administration with the statutory scheme, reduces registration and litigation risk, and positions the Trust to rely on the statutory protections designed to facilitate transactions while respecting preserved prior interests.
Model Deed means the Wesleyan Methodist Model Deed of Tasmania 1888 made in pursuance of the Methodist Churches Acts 1888 to 1929, and includes any duly authorized alteration or modification of that deed;
Presbyterian Church means the Presbyterian Church of Australia comprising, subject to the Presbyterian Church of Australia Act 1971 , the Presbyterian Church of Australia in the State of New South Wales, the Presbyterian Church of Victoria, the Presbyterian Church of Queensland, the Presbyterian Church of South Australia, the Presbyterian Church of Tasmania, and the Presbyterian Church of Western Australia;
property includes –
(a) real and personal property and any estate or interest therein; and
(b) the right to receive income;
Synod means the Synod of the Church within this State, being the Synod referred to in clause 15(d) of the Basis of Union;
Trust means The Uniting Church in Australia Property Trust (Tas.) constituted by this Act;
trust property means property vested in, or acquired by, the Trust by or pursuant to this Act;
Uniting Church means the Congregational Church, the Methodist Church, and the Presbyterian Church, except –
(a) those Congregational Churches specified in Schedule IV ; and
(b) those congregations of the Presbyterian Church continuing to function after the appointed day under the Scheme of Union of the 24th day of July 1901, as amended, within the meaning of Part III of the Schedule to thePresbyterian Church of Australia Act 1971 .
Part II Inauguration of the Church
Part II Inauguration of the Church
4 Authority to unite
4 Authority to unite
(1) The Uniting Churches are by virtue of this Act empowered to unite in accordance with the Basis of Union.
(2) The union referred to in subsection (1) shall take effect on the appointed day.
5 Name of church
5 Name of church
The church formed by the union referred to in section 4(1) shall be known as The Uniting Church in Australia.
6 Inaugurating Assembly
6 Inaugurating Assembly
The Inaugurating Assembly shall be deemed to have been validly convened.
7 Adoption of Constitution
7 Adoption of Constitution
The Inaugurating Assembly may adopt a Constitution for the Church that is consistent with the Basis of Union.
8 Amendment of Constitution
8 Amendment of Constitution
The Assembly may amend, alter, repeal, or replace the Constitution adopted from time to time by the Assembly in accordance with the appropriate provisions contained in the Constitution.
9 Powers of Assembly in relation to determination of matters of doctrine, &c., and further unions
9 Powers of Assembly in relation to determination of matters of doctrine, &c., and further unions
Notwithstanding anything in this Act or in the Basis of Union, the Assembly –
(a) may determine, declare, or interpret matters of doctrine, worship, government, and discipline in the Church; and
(b) may resolve to unite with other branches of the Christian Church.
Part III The Uniting Church in Australia Property Trust (Tas.)
Part III The Uniting Church in Australia Property Trust (Tas.)
10 Constitution of The Uniting Church in Australia Property Trust (Tas.)
10 Constitution of The Uniting Church in Australia Property Trust (Tas.)
(1) There shall be a trust to be known as The Uniting Church in Australia Property Trust (Tas.).
(2) Subject to this section, the Trust shall consist of –
(a) the person holding or acting in the office of the Moderator of the Synod;
(b) the person holding or acting in the office of the Secretary of the Synod;
(c) the person holding or acting in the office of the Property Officer of the Synod; and
(d) five other persons appointed –
(i) by the Inaugurating Assembly until the first meeting of the Synod;and
(ii) thereafter by the Synod at that meeting and at each of its subsequent meetings.
(3) Where –
(a) there is no-one holding or acting in any of the offices referred to in paragraphs (a) , (b) , and (c) of subsection (2) ; or
(b) fewer than 3 persons hold or act in all those offices –
the Synod may appoint 6 members of the Trust instead of the number that it may, apart from this subsection, appoint under subsection (2)(d)(ii) .
(4) A member of the Trust appointed by –
(a) the Inaugurating Assembly, holds office for the period commencing on the day of his appointment and ending at the conclusion of the first meeting of the Synod; or
(b) the Synod, holds office for the period commencing immediately after the conclusion of the meeting of the Synod at which he is elected and ending at the conclusion of the next succeeding meeting of the Synod.
(5) On the expiration of his term of office, a person appointed as a member of the Trust is eligible for re-appointment.
(6) The first chairman of the Trust shall be appointed by the Inaugurating Assembly from among the members of the Trust and each subsequent chairman of the Trust shall be appointed by the Synod from among those members.
11 Powers and duties of the Trust
11 Powers and duties of the Trust
(1) The Trust is a body corporate with perpetual succession and a common seal and may enter into contracts, sue and be sued in its corporate name, and may take and hold any real or personal property.
(2) The Trust shall hold trust property in trust for the Church in accordance with the provisions of this Act and subject to any other trust affecting the property.
(3) Subject to this section the Trust –
(a) may acquire, hold, deal with, and dispose of, property of any kind; and
(b) may mortgage, charge, or otherwise encumber any of its property.
(4) The Trust shall observe any directions, regulations, or resolutions of the Assembly as to the exercise of its powers under this section.
12 Proceedings of the Trust
12 Proceedings of the Trust
(1) The chairman of the Trust shall preside at meetings of the Trust at which he is present.
(2) In the absence of the chairman from a meeting of the Trust, the members present shall elect one of their number to preside at the meeting.
(3) The person presiding at a meeting of the Trust has a deliberative vote.
(4) All questions arising at a meeting of the Trust shall be decided by a majority of the votes of the members present and voting thereon and, in the event of an equality of votes on any question, that question shall be decided in the negative.
(5) Three members of the Trust constitute a quorum of the Trust.
(6) Subject to this section, the Trust may regulate its own proceedings.
13 Vacation of membership of the Trust
13 Vacation of membership of the Trust
The office of a member of the Trust becomes vacant –
(a) on the expiration of his term of office; or
(b) if he –
(i) dies;
(ii) resigns his office by written notice to the Trust;
(iii) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his creditors;
(iv) [Section 13 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] is unable to perform competently the duties of the office;
(v) being a member by virtue of holding an office referred to in paragraph (a) , paragraph (b) , or paragraph (c) of section 10(2) , has ceased to hold that office; or
(vi) is removed by resolution of the Synod or its Standing Committee.
14 Casual vacancies
14 Casual vacancies
(1) Where, by reason of the occurrence of casual vacancies in the membership of the Trust, the number of members is reduced to less than 5, the remaining members shall appoint persons to fill all those vacancies for the remainder of the term for which the vacating members were respectively appointed as members of the Trust.
(2) Subject to subsection (1) , where a casual vacancy occurs in the membership of the Trust, the remaining members may appoint a person to fill that vacancy for the remainder of the term for which the vacating member was appointed as a member of the Trust.
15 Common seal
15 Common seal
(1) The members for the time being of the Trust shall have custody of its common seal.
(2) The Trust shall determine the form of its common seal and, subject to this section, all other matters relating to that seal.
(3) The common seal of the Trust shall be affixed to an instrument only in pursuance of a resolution passed at a duly convened meeting of the Trust and an instrument to which the common seal is so affixed shall be signed by not less than two members of the Trust.
(4) An instrument purporting to have been sealed with the common seal of the Trust and to have been signed by not less than two members of the Trust shall be deemed to have been executed in accordance with subsection (3) .
16 Form and execution of certain contracts, &c.
16 Form and execution of certain contracts, &c.
(1) A deed, instrument, or contract relating to any property or other matter that, if executed or made by an individual, would be required by law to be in writing under seal, may be made on behalf of the Trust in writing under the common seal of the Trust.
(2) An instrument or contract relating to any property or other matter that, if made by or between individuals, would be required by law to be in writing signed by the parties to the instrument or contract may be made on behalf of the Trust in writing by a person acting under its express or implied authority.
(3) A contract relating to any property or other matter that, if made between individuals, would be legally binding although made orally and not reduced to writing may be made on behalf of the Trust by a person acting under its express or implied authority.
(4) A contract that is entered into, or an instrument or contract that is signed, on behalf of the Trust in relation to any trust property shall be deemed to have been entered into or signed with the express authority of the Trust, if it is entered into or signed in accordance with the resolution of the Synod for the time being in force pursuant to this Act.
17 Execution under seal by agent, &c.
17 Execution under seal by agent, &c.
(1) TheTrust may, in relation to a particular matter, by writing under its common seal, authorize a person to execute a deed, instrument, or contract on the Trust's behalf as its agent or attorney.
(2) A deed signed by an agent or attorney on behalf of the Trust pursuant to an authorization under subsection (1) and sealed by him binds the Trust and has the same effect as if it were sealed by the Trust.
Part IV Vesting of Trust Property in the Trust
Part IV Vesting of Trust Property in the Trust
18 Vesting of certain property in the Trust
18 Vesting of certain property in the Trust
(1) Subject to this Act –
(a) all property that, immediately before the appointed day, is vested in trustees pursuant to the Model Deed or is vested in any other person in trust for the Methodist Church (other than the property referred to in paragraph (b) ); and
(b) all the property specified in Schedule III and vested in the trustees referred to in that Schedule –
is on that day divested from those persons and is, by virtue of this subsection and without any conveyance or other assurance, vested in the Trust to the extent to which it was so vested in those persons and shall be held by the Trust in accordance with the provisions of this Act.
(2) Subject to this Act, all property that, immediately before the appointed day, is vested in the Congregational Union of Tasmania or any other person in trust for the Congregational Church is, on that day, divested from that person and is, by virtue of this subsection and without any conveyance or other assurance, vested in the Trust to the extent to which it was so vested in that person and shall be held by the Trust in accordance with the provisions of this Act.
(3) Notwithstanding subsection (2) , on the appointed day, the properties specified in Schedule IV continue to be vested in the respective trustees named in that Schedule on the trusts specified in the third Schedule to the Congregational Union Incorporation Act 1887, notwithstanding the repeal of that Act by this Act, except that the person officiating as the pastor of a church specified in Schedule IV need not be a member of the Congregational Church as required by Clause 4 of the Third Schedule to that Act.
(4) Subject to this Act and to the rights referred to in subsection (5) , all property that, immediately before the appointed day –
(a) is vested in any person subject to the Presbyterian Church Act 1896 and the Presbyterian Church Act 1908 ; or
(b) is otherwise vested in a person in trust for the Presbyterian Church or a congregation, board or committee of management,
This is an opening excerpt, not the complete document.
