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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Baptist Churches of New South Wales
Property Trust Amendment Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Baptist Churches of New South Wales
Property Trust Act 1984 No 4 3
b2012-136-11.d11
New South Wales
Baptist Churches of New South Wales
Property Trust Amendment Bill 2013
No , 2013
A Bill for
An Act to amend the Baptist Churches of New South Wales Property Trust Act 1984
to make further provision in relation to property held on trust for a congregation; and
for other purposes.
Clause 1 Baptist Churches of New South Wales Property Trust Amendment Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Baptist Churches of New South Wales Property Trust 3
Amendment Act 2013. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Baptist Churches of New South Wales Property Trust Amendment Bill 2013
Amendment of Baptist Churches of New South Wales Property Trust Act Schedule 1
1984 No 4
Schedule 1 Amendment of Baptist Churches of New 1
South Wales Property Trust Act 1984 2
No 4 3
[1] Section 4 Definitions 4
Omit "church or other building" from paragraph (c) of the definition of 5
congregation in section 4 (1). 6
Insert instead "church building or in any other building". 7
[2] Section 4 (1) 8
Insert in alphabetical order: 9
deacon, in relation to a congregation, means: 10
(a) a person elected to a position of deacon of the congregation 11
by the Baptist Union, or 12
(b) a person elected to a position of leadership in the 13
congregation by the Baptist Union (whether the holder of 14
the position is described as an elder or by any other term). 15
district means an area of land that the Executive Committee has 16
determined in writing is a district for the purposes of this Act. 17
secretary, in relation to a congregation, means: 18
(a) a person elected to the position of secretary of the 19
congregation, or 20
(b) if no person has been elected to a position of that title--a 21
person elected to a position that exercises the 22
responsibilities of a secretary of the congregation (whether 23
the holder of the position is described as a Church 24
secretary, an administrator or a public officer, or by any 25
other term). 26
[3] Section 22 General functions of Trust 27
Insert "building" after "church" wherever occurring in section 22 (2) (d) 28
and (5) (b) (ii). 29
Page 3
Baptist Churches of New South Wales Property Trust Amendment Bill 2013
Schedule 1 Amendment of Baptist Churches of New South Wales Property Trust Act
1984 No 4
[4] Section 22 (2) (e) 1
Omit the paragraph. Insert instead: 2
(e) despite paragraph (d), permit an occasional minister or 3
other person to officiate in any such church building, but 4
only if: 5
(i) the pastor or the deacons of the congregation that for 6
the time being worships in the church building 7
concurs or concur, or 8
(ii) where there is no pastor and there are no deacons of 9
that congregation--the officer who is a member of 10
that congregation and who is nominated by that 11
congregation for the purposes of this subparagraph 12
concurs, 13
[5] Section 22 (2) (f) (iii) 14
Omit the subparagraph. Insert instead: 15
(iii) a qualifying corporation, 16
[6] Section 22 (2) (h) (iii) 17
Omit the subparagraph. Insert instead: 18
(iii) a qualifying corporation, and 19
[7] Section 22 (4) 20
Omit the subsection. Insert instead: 21
(4) A church building, school or manse on land vested in the Trust 22
may be repaired, altered, enlarged, demolished, rebuilt or 23
substituted by another building, and another building may be 24
erected on land so vested, by the Trust only if the Trust has been 25
directed to do so: 26
(a) in the case of a church building, school or land--by the 27
congregation that is entitled to use the church building, 28
school or land, or 29
(b) in the case of a manse--by the congregation whose pastor 30
is entitled to use the manse, or 31
(c) if the Executive Committee has determined in writing that 32
the matter is minor and that the secretary of a congregation 33
can give such a direction in the particular circumstances-- 34
by the secretary of the congregation that is entitled to use 35
the church building, school or land, or of the congregation 36
whose pastor is entitled to use the manse, as the case may 37
be. 38
Page 4
Baptist Churches of New South Wales Property Trust Amendment Bill 2013
Amendment of Baptist Churches of New South Wales Property Trust Act Schedule 1
1984 No 4
[8] Section 22 (8) 1
Insert after section 22 (7): 2
(8) In this section: 3
qualifying corporation, in relation to a direction given under 4
subsection (2) (f) or (h), means a corporation: 5
(a) that has objects that are not inconsistent with the general 6
objects of the Baptist Union, and 7
(b) the constitution of which provides: 8
(i) that a person is not eligible for membership of the 9
corporation unless that person is a member of the 10
specific congregation giving the direction, and 11
(ii) that a person ceases to be a member of the 12
corporation if that person ceases to be a member of 13
the specific congregation giving the direction, and 14
(iii) that no alteration or amendment to its constitution 15
can take effect without the consent in writing of the 16
Trust, and 17
(c) whose directors and other officers are: 18
(i) members of the corporation (and accordingly 19
members of the congregation giving the direction), 20
or 21
(ii) members of another congregation, or 22
(iii) persons whom the Executive Committee is satisfied 23
are committed adherents of evangelical doctrines or 24
committed members of an evangelical church or 25
party, and 26
(d) that has a proportion of directors or other officers who are 27
neither members of the corporation nor of a congregation 28
that is no more than that determined by the Executive 29
Committee in writing from time to time. 30
[9] Section 28 Reimbursement of Trust 31
Omit "of a congregation" from section 28 (1) (a) (i). 32
Insert instead "given by or on behalf of a congregation". 33
[10] Section 28 (3) (b) (i) and (ii) 34
Insert "building" after "church" wherever occurring. 35
Page 5
Baptist Churches of New South Wales Property Trust Amendment Bill 2013
Schedule 1 Amendment of Baptist Churches of New South Wales Property Trust Act
1984 No 4
[11] Sections 29 and 29AA 1
Omit section 29. Insert instead: 2
29 Baptist Union temporarily has trust property functions of 3
dissolved congregations 4
(1) This section applies if, while any trust property situated in a 5
district is vested in the Trust, a congregation which is or was 6
established in the district is dissolved or dispersed so that there 7
are no members of a congregation in that district meeting 8
together for the public worship of God according to the usages of 9
the Baptist denomination. 10
(2) Until a congregation having 10 members or more is again formed 11
in that district, the Baptist Union is to have and may exercise all 12
of the functions with respect to the trust property that the 13
dissolved or dispersed congregation would otherwise have had 14
and would otherwise have been capable of exercising. 15
(3) However, for the first 6 months after the dissolution or dispersal: 16
(a) the Baptist Union may not direct the Trust to sell or 17
dispose of any trust property held by it on behalf of the 18
dissolved or dispersed congregation, and 19
(b) the Trust must not sell or dispose of any such trust 20
property. 21
29AA Baptist Union temporarily has trust property functions of 22
congregations with small membership 23
(1) This section applies if, while any trust property situated in a 24
district is vested in the Trust, a congregation which is or was 25
established in the district consists of less than 10 members. 26
(2) Until the congregation increases in membership to 10 members 27
or more: 28
(a) the Baptist Union is to have and may exercise all of the 29
functions with respect to the trust property that the 30
congregation would otherwise have had and would 31
otherwise have been capable of exercising, and 32
(b) the congregation does not have those functions and is not 33
capable of exercising them. 34
(3) The Baptist Union must not exercise any function pursuant to 35
subsection (2) with respect to trust property held on behalf of a 36
congregation unless the Baptist Union has first consulted the 37
members of the congregation. 38
Page 6
Baptist Churches of New South Wales Property Trust Amendment Bill 2013
Amendment of Baptist Churches of New South Wales Property Trust Act Schedule 1
1984 No 4
(4) However, for the first 2 years during which the congregation 1
consists of less than 10 members: 2
(a) the Baptist Union may not direct the Trust to sell or 3
dispose of any trust property held by it on behalf of the 4
congregation unless the members of the congregation 5
consent, and 6
(b) the Trust must not sell or dispose of any trust property held 7
by it on behalf of the congregation unless the members of 8
the congregation consent. 9
[12] Section 42 Directions of congregation to Trust 10
Omit section 42 (1) and (2). Insert instead: 11
(1) A direction of a congregation is, for the purposes of this Act, 12
given when: 13
(a) a resolution in favour of the direction has been passed by 14
the required majority at a meeting of the congregation of 15
which notice has been given in accordance with this 16
section, and 17
(b) in the case only of a congregation with between 10 and 18
20 members--the Executive Committee has consented to 19
the direction being given. 20
[13] Section 42 (4A) 21
Insert after section 42 (4): 22
(4A) For the purposes of this section, a resolution is passed by the 23
required majority if it is passed: 24
(a) by a majority of not less than 75% of the personal votes of 25
such of the members of the congregation as are of or above 26
the age of 18 years and as are present and vote at the 27
meeting, and 28
(b) by at least 10 persons. 29
Page 7
Baptist Churches of New South Wales Property Trust Amendment Bill 2013
Schedule 1 Amendment of Baptist Churches of New South Wales Property Trust Act
1984 No 4
[14] Section 43 Meetings of District Associations for purpose of giving 1
directions to Trust 2
Omit "Subject to subsection (2), the" from section 43 (1). Insert instead "A". 3
[15] Section 43 (2) 4
Omit the subsection. 5
Page 8
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