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MOTOR VEHICLES ACT 1993 (WANGARATTA DIOCESE)

(Replacing The Motor Vehicles Act 1966-1980)

No. 12, 1993

AN ACT

TO MAKE PROVISION FOR THE PURCHASE OF MOTOR VEHICLES AND FOR OTHER PURPOSES

Amended: No. 2, 1999

BE it enacted by the Bishop the Clergy and the Laity of the Anglican Church of Australia within the Diocese of Wangaratta duly met in Synod according to law as follows:-


Repeal of Motor Vehicles Act
1966-1980

1. That the Act of this Synod known as the Motor Vehicles Act 1966-1980 shall be repealed except as to every operation already affected by or act done under the said enactment or as to any right title or obligation or liability already acquired or accrued thereunder.

Loans for purchase of Motor Vehicles

2. To enable Clergy who hold from the Bishop a licence to officiate Diocesan Officers who are in receipt of a salary or wage and Stipendiary Parish Assistants who are entitled under Section 2(a) of the Synod Act 1904-1993 to be summonsed to Synod (hereinafter referred to as "the applicant") to purchase motor vehicles the Bishop in Council on the written application of the applicant may:

(a) guarantee a bank loan to the applicant;

(b) grant to the applicant from the Diocesan Fund a loan at a rate of interest as fixed by the Bishop in Council to operate from 1st January each year and on such terms as to repayment as the Bishop in Council shall determine

subject to any such loan being for a sum not exceeding an amount to be fixed from time to time by the Bishop in Council provided that before any loan is guaranteed or granted such motor vehicle be approved by the Bishop in Council or by a committee or a person appointed by it for that purpose as a suitable motor vehicle and further provided that the applicant at his or her cost shall give to the Trusts Corporation of the Diocese legal security over such motor vehicle to secure to the said Trusts Corporation compliance by the applicant of the terms and conditions of either of such loans which legal security shall be registered if the law so provides.

Terms and Conditions
of Loans

3. All loans are to be repayable over a period of not exceeding five years and in accordance with the terms and conditions required

(a) for guaranteed loans by the Bank and with the approval of the Bishop in Council as to such terms and conditions; and

(b) for other loans by the Bishop in Council

Breach of Loan

4. Should the applicant breach the terms and conditions of any loan made to him or her hereunder or becomes bankrupt or on the retirement resignation incapacity to act or death of the applicant any loan made hereunder or the unpaid balance thereof together with any interest accrued thereon shall become immediately due and repayable without prejudice to any other right which the said Trusts Corporation may have pursuant to the legal security referred to in Section 2 of this Act.

Payment for travelling rate
and allowances

5. Each Parish Council before the conclusion of each calendar year shall make a careful estimate of the distance to be travelled respectively by the Rector and Parish Assistants, if any, for their parochial work during the ensuing twelve months and the Bishop in Council from time to time shall determine the travelling rate and allowance which are to apply. The payment required to be made for these rates and allowances to be made in accordance with the provisions of Section 141 of the Parish Administration Act 1984-1993.

Motor Vehicle Replacement Fund

6. (Repealed by Act No. 2, 1999)

Investment of Monies in Fund

7. (Repealed by Act No. 2, 1999)

Payment of Monies at Credit in Fund

8. (Repealed by Act No. 2, 1999)

Power of Bishop in Council to make Regulations
9. The Bishop in Council may make such regulations for and with respect to:

(a) the appointment of a committee to be known as the Motor Vehicles Committee (the Committee) to determine the procedures for and approval of an application for a loan;

(b) meetings of the Committee and the conduct and carrying out its business; and

(c) generally, prescribing all such matters and things as are authorised or required to be prescribed or as are necessary or convenient to be prescribed for carrying into effect the purposes of the Act.

10. This Act may be cited as "The Motor Vehicles Act 1993 - 1999".


Passed: 27th August 1993
Assented to: 15th September 1993


Act Amended, No. 2, 1999

Passed: 30th July 1999
Assented to: 6th August 1999









MOTOR VEHICLES OF STIPENDIARY CLERGY

Rules for establishment of a Motor Vehicle Replacement Fund

1. At the commencement of each calendar year the Bishop in Council shall determine, as required by Section 5 of The Motor Vehicles Act 1993-1999, the depreciation allowance for the motor vehicle of each of the stipendiary clergy used for parochial pastoral work.

2. Each parish council shall pay the determined depreciation allowance for each of its stipendiary clergy (the recipient) to the Registrar by monthly payments to be held in the name of The Wangaratta Diocesan Trustees in a fund to be known as The Motor Vehicle Replacement Fund (the Fund) the ledger entries for which will designate the separate amounts received in the name of each recipient.

3. The Fund shall be invested and the income or losses therefrom shall be credited or debited (as the case may be) to or from the amount held for each recipient as required by The Church Property Act 1997.

4. The Fund is not to be used for any purpose other than for

(a) the purchase of a motor vehicle by a recipient and/or
(b) the payment of instalments of principal and interest in respect of any loan agreement which any recipient may have entered into with a third party (the lender) to meet any shortfall of price occasioned by such purchase.

and only on the receipt by the Registrar of an invoice directed to the Diocese by the vehicle trader relative to the purchase of the motor vehicle and an executed copy of the loan agreement.

5. For the payment made not to be chargeable with the payment of income tax it must be a payment direct from the Fund to the vehicle trader in respect of the purchase of the motor vehicle and to the lender in respect of the loan repayments. Should any of these payments be made to any one of the stipendiary clergy the amount paid is taxable income of the recipient.

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6. A payment to a vehicle trader and/or to a lender is a fringe benefit and for the Diocese to be exempt from the payment of fringe benefits tax the provisions of the Fringe Benefits Assessment Act 1986 (as amened) must be strictly applied and adhered to. Reference should be made to various sections of that Act viz Sections 20, 57 and 136.

7. These rules shall be deemed to have come into force on the thirtieth

day of July 1999. .