Victorian Current Acts Victorian Current Acts(1) There shall be a body corporate by the name of "The Trustees for Victoria of the Presbyterian Church of Eastern Australia" consisting of the Trustees appointed by or under this Act; and the body corporate shall have perpetual succession and a common seal and under that name may sue and be sued prosecute and defend and take and suffer all other proceedings in all courts civil and criminal.
(2) The body corporate may subject to this Act from time to time—
(a) take purchase receive hold and enjoy real and personal property of any description whatsoever and also sell grant exchange convey demise reserve or grant easements over or otherwise dispose of or deal with either absolutely or by way of mortgage charge lien or other encumbrance any of the property real or personal which may at any time belong to or be vested in the body corporate;
(b) sell any real or personal property for the time being vested in it or any interest therein by public auction or private contract at such price and upon such terms as to payment of purchase money and on such conditions and subject to such restrictive covenants and generally in such manner as is thought fit and convey transfer or assign the same to the purchaser or purchasers thereof or as he or they directs or direct and the property so conveyed transferred or assigned shall thereupon be absolutely freed and discharged from the trusts affecting the same;
(c) construct erect maintain repair alter add to destroy or replace any buildings fixtures chattels plant or equipment or permit the same to be done with respect to any such buildings fixtures chattels plant or equipment;
(d) borrow or secure the payment of any sum or sums of money and for that purpose mortgage or charge any real or personal property for the time being vested in it;
(e) insure any buildings or other property or persons against all such risks liabilities and eventualities as may seem advisable;
(f) draw make accept indorse execute discount and issue promissory notes bills of exchange and other negotiable transferable or mercantile instruments;
(g) lend money to such persons and on such terms as may be thought fit and guarantee the performance of any contract;
(h) do all such other matters and things as are incidental to a body corporate.
(3) The number of Trustees shall not be more than five.
(4) The Trustees shall have the custody of the common seal of the body corporate and the form of such seal and all other matters relating thereto shall from time to time be determined by the Synod.
(5) The common seal of the body corporate shall not be affixed to any document except as provided by the rules or as specifically directed or authorised by the Synod, and the affixing of the seal shall be attested by at least two of the Trustees and such attestation shall be sufficient evidence of authority to affix the seal.
(6) The production of a document which purports to be executed in accordance with the requirements of the last preceding subsection shall in all cases be prima facie evidence, and in favour of the Crown, the Registrar-General, the Registrar of Titles and every person who deals for value with the body corporate be conclusive evidence, that such document was executed in accordance with the requirements of the said subsection.
(7) The Trustees or any two thereof, unless a greater number be prescribed in the rules, and in such case such greater number, may exercise any power conferred by this Act on the Trustees or the body corporate.
(8) At a meeting of the Trustees two shall form a
quorum unless a greater number be prescribed by the rules and in such case
such greater number.
s. 3
(9) Particulars of the exercise of any power conferred by this Act on the Trustees or the body corporate and in particular of the affixing of the common seal shall at the time thereof be entered by the Trustees in a book or books to be kept for that purpose and the form of such particulars may be prescribed by the rules.
S. 3(10) substituted by No. 67/2012 s. 5(1).
(10) A Trustee holds office until his office becomes vacant under subsection (11).
(11) If any Trustee dies or resigns by writing under his hand addressed and delivered or sent by post to the Clerk for the time being of the Synod or ceases to be a member of the Presbyterian Church of Eastern Australia or becomes bankrupt or compounds with his creditors or is convicted of any indictable offence or any offence for which he is sentenced to be imprisoned or has his office of Trustee declared vacant by a resolution duly passed by the Synod his office shall become vacant and the continuing or surviving Trustees may act notwithstanding vacancies from any cause and any act of the Trustees shall not be rendered invalid by reason of the incapacity of any of the members.
S. 3(12) repealed by No. 67/2012 s. 5(2).
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(13) Subject to this section the power of appointing Trustees shall be vested in the Synod.
(14) The Synod may from time to time appoint one or more persons (irrespective of whether those persons are Trustees) to be treasurer or treasurers of the body corporate or to hold such other office or offices in connection therewith as the Synod may designate and may define the duties of any such treasurer or other officer and may revoke any such appointment.
S. 4 repealed by No. 67/2012 s. 6.
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S. 5 (Heading) inserted by No. 67/2012 s. 7(1).