South Australian Current Acts South Australian Current Acts53—Power of association holding land in trust for religious purposes to
dispose of same
(1) Where land is held
by an association for any religious purpose or for any purpose for the
advancement of religion, whether upon trust or otherwise, then,
notwithstanding that the deed or other instrument creating the trust or the
rules or articles of the association do not contain any power to sell,
mortgage, lease, transfer, or convey the land, or forbid any such transaction,
it shall nevertheless be lawful for the association to sell, mortgage, lease,
transfer, or convey the land upon such terms and conditions as the association
thinks fit, subject, however, to the observance of the following conditions:
(a) the
consent of the members of the association shall be obtained to every such
transaction;
(b) the
consent shall be obtained by a vote of the members of the association at a
meeting called and held pursuant to not less than seven days' notice by post
in that behalf duly given to every member of the association;
(c) the
consent of the association shall not be deemed to have been given unless a
majority of the members of the association voting at a meeting held as
aforesaid consent to the transaction;
(d) the
consent in writing of the Attorney-General shall be obtained to every such
transaction.
(2) If any land is
sold, mortgaged, leased, transferred, or conveyed as provided in
subsection (1) hereof the association shall stand possessed of the net
proceeds thereof (if any) upon trust to apply them for such religious purpose
or such purpose for the advancement of religion as is determined by a vote of
the members of the association ascertained in manner provided by
subsection (1) hereof at any meeting called and held in manner provided
by that subsection.
(3) For the purposes
of this section "association" means any association which is incorporated or
deemed to be incorporated pursuant to the Associations Incorporation
Act 1929 .