Australian Capital Territory Current Acts

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UNITING CHURCH IN AUSTRALIA ACT 1977 - SECT 19

Cooperative use of property

    (1)     If the Church, in accordance with the directions and resolutions of the Assembly, decides to enter into a scheme of cooperation with or involving a church, or a congregation or activity of a church, of another denomination, being a scheme that involves the use of trust property, the trust may, while the scheme of cooperation continues in force, permit the property to be used, managed and administered in connection with the scheme in the way and on the conditions that the Synod, or a committee appointed by it, determines.

    (2)     The conditions that may be determined under subsection (1) include, without limiting that subsection, conditions with respect to—

        (a)     the making of contributions of money for the acquisition, construction, alteration, maintenance or repair of assets vested in or held on behalf of a cooperating church or congregation; and

        (b)     the giving or taking of security in relation to any property in connection with a contribution received or made under the scheme.

    (3)     The proceeds of the sale, mortgage or other dealing with any property referred to in this section may be paid and applied in the way that the Synod or, if a committee has been appointed by it for subsection (1), the committee determines.

    (4)     Neither a person (the transferee ) dealing bona fide and for value with the Trust in connection with trust property nor the registrar-general when acting in connection with a dealing with trust property shall, only because of this Act or the existence of a scheme of cooperation, be concerned to inquire whether a security is in force, or be deemed to have notice of, or be bound by, a security in force, under this section in relation to the property and—

        (a)     a conveyance, transfer or other assurance of the property to the transferee shall operate as a discharge of a security in force under this section in relation to the property, so far as the property would, apart from this subsection, be subject to the security; and

        (b)     a mortgage or charge in relation to the property in favour of the transferee shall have priority over a security in force under this section in relation to the property.

    (5)     This section applies to and in relation to all property at any time held by the Trust except to the extent that the property is held subject to an express trust expressly forbidding its use, management or administration in a way referred to in this section.

    (6)     Subsection (5) does not apply to prevent the use of property in a way referred to in this section if the property is merely directed to be held on trust for the worship or purposes of the Church.



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