Victorian Numbered Acts Victorian Numbered ActsAfter section 10 of the Principal Act, insert —
(1) The body corporate may—
(a) apply for and obtain, or join in applying for and obtaining, probate of the will or letters of administration of the estate of a deceased person if the Church has a beneficial interest, whether vested or contingent, in the estate of that person; or
(b) accept appointment and act as trustee or co-trustee of any trust if the trust property is not vested in the body corporate under this Act and—
(i) the trust was created wholly or partly for the benefit of the Church; or
(ii) the purpose or one of the purposes for which the trust was created relates to the Church.
(2) The body corporate may do all things necessary to exercise its powers and functions as executor, administrator or trustee under this section.
(3) Any person, if authorised by the body corporate for the purpose, may on behalf of the body corporate swear an affidavit, make a declaration or statement, execute a document, give security or do any other thing that is required to be done by a person applying for or granted probate or letters of administration or administering a trust.
(4) The body corporate may—
(a) renounce executorship;
(b) decline to act as administrator of an estate;
(c) retire or decline to act as trustee of property, other than property vested in the body corporate under this Act.
(5) Any commission earned by the body corporate as an executor, administrator or trustee under this section belongs to the body corporate and must be used and applied by the body corporate for any object specified or approved by the Synod.
(1) Subject to the provisions of the relevant trust instrument, the body corporate may from time to time invest as one fund any money it holds in trust for different purposes, or any part of that money.
(2) The body corporate must distribute any income arising from the investment of the fund referred to in subsection (1) rateably among the several purposes for which the money invested is held in trust.
(3) The body corporate must ensure that any loss arising from the investment of the fund referred to in subsection (1) is borne rateably among the several purposes for which the money invested is held in trust.
(1) The body corporate may make advances from the fund referred to in section 12(1) for any activity, service, institution or interest of the Church.
(2) Money advanced under subsection (1) is taken to be an investment of that money and must bear interest at a rate fixed by the body corporate.
(3) If the body corporate makes an advance under subsection (1), the sum advanced and the interest charged on the sum are taken to be a charge on the assets held by the body corporate for the activity, service, institution or interest of the Church in respect of which the advance was made.
(1) With the permission of the Synod, the body corporate may enter into a scheme of co-operation.
(2) Subject to any express trust or a condition specified under subsection (5), the body corporate may permit property that is vested in the body corporate to be used, managed or administered in accordance with a scheme of co-operation.
(3) Subject to any express trust or a condition specified under subsection (5), the body corporate may give or take a security or charge over property in respect of which contributions are made or received under a scheme of co-operation.
(4) For the purposes of subsections (2) and (3), property is not to be taken as subject to an express trust that prevents the property being used, managed or administered in accordance with a scheme of co-operation or being subject to a security or charge merely because the property was directed to be held for worship within or for the purposes of the Church.
(5) The Synod may specify conditions for a
scheme of co-operation, including but not limited to conditions with respect
to—
s. 10
(a) making contributions for the acquisition, construction, alteration, maintenance or repair of property vested in or held on behalf of the body corporate or a co-operating church or its congregation;
(b) giving or taking securities or charges over property in respect of which contributions are made or received under the scheme.
(6) If, under a scheme of co-operation, any proceeds result from the sale or mortgage of or any other dealing with property vested in the body corporate, the body corporate must apply the proceeds in a manner determined by the Synod.
(7) In this section—
"co-operating church" means the church of another denomination with which the Church has entered into or is involved in a scheme of co-operation;
"scheme of co-operation" means a scheme entered into by the Church that—
(a) is entered into with or involves a church of another denomination or involves an activity of a church of another denomination; and
(b) involves the use or administration of property vested in the body corporate that is specified in the scheme.
On and from the commencement of the Free Presbyterian Church Property Amendment Act 2012 , unless the contrary intention appears, a reference in any Act, subordinate instrument, agreement or other document to the Free Presbyterian Church Property Act 1953 is to be construed as a reference to the Presbyterian Church of Eastern Australia Property Act 1953 .".