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The Uniting Church in Australia Amendment Act 2008
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Document Sample
The Uniting Church in Australia Amendment Act
2008
No. 28 of 2008
TABLE OF PROVISIONS
Section Page
1 Purpose 2
2 Commencement 2
3 Definitions 2
4 Constitution of the Trust 3
5 Common seal 3
6 Receipt for certain moneys 4
7 Statute law revision 4
8 Consequential amendments to other Acts 4
9 Repeal of amending Act 5
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ENDNOTES 6
i
Victoria
The Uniting Church in Australia
Amendment Act 2008†
No. 28 of 2008
[Assented to 3 June 2008]
Preamble
By resolution of the Assembly of the Uniting
Church in Australia, the Synods of Victoria and
Tasmania merged to form a single Synod of
Victoria and Tasmania with effect from 22 June
2002.
The Uniting Church in Australia Act 1977
established The Uniting Church in Australia
Property Trust (Victoria) for the purpose of
holding property of the Church.
Amendment of The Uniting Church in Australia
Act 1977 is required to facilitate operation of the
Trust following the merger of the Synods of the
Uniting Church in Australia within Victoria and
Tasmania.
1
The Uniting Church in Australia Amendment Act 2008
No. 28 of 2008
s. 1
The Parliament of Victoria therefore enacts:
1 Purpose
The purpose of this Act is to amend The Uniting
Church in Australia Act 1977—
(a) to update the definition of Synod; and
(b) to provide for procedural matters relating to
The Uniting Church in Australia Property
Trust (Victoria); and
(c) to make other consequential and minor
amendments to improve the operation of the
Act and to consequentially amend other
Acts.
2 Commencement
(1) This Act, except section 4, comes into operation
on the day after the day on which it receives the
Royal Assent.
(2) Section 4 comes into operation on 21 September
2008.
3 Definitions
See: (1) In section 5(1) of The Uniting Church in
Act No.
9021 Australia Act 1977 insert the following
and definition—
amending
Act Nos
9059, 10225
"designated officer means an officer, other than
and 18/1989. the Secretary, Moderator or Property Officer,
LawToday:
www.
appointed by the Synod in accordance with
legislation. the Constitution of the Uniting Church in
vic.gov.au
Australia;".
(2) In section 5(1) of The Uniting Church in
Australia Act 1977 for the definition of Synod
substitute—
2
The Uniting Church in Australia Amendment Act 2008
No. 28 of 2008
s. 4
"Synod means the Synod of the Church referred to
in clause 15(d) of the Basis of Union the
region allotted to which is, or includes,
Victoria;".
4 Constitution of the Trust
(1) For section 12(1)(d) of The Uniting Church in
Australia Act 1977 substitute—
"(d) not more than 7 other persons appointed by
the Synod.".
(2) Section 12(2) of The Uniting Church in
Australia Act 1977 is repealed.
5 Common seal
(1) For section 17(2) and (3) of The Uniting Church
in Australia Act 1977 substitute—
"(2) The common seal of the Trust must not be
affixed to any instrument except pursuant to
a resolution passed at a duly convened
meeting of the Trust.
(3) Each instrument to which the common seal is
affixed in accordance with subsection (2)
must be signed by—
(a) not less than 2 members of the Trust; or
(b) one member of the Trust and a
designated officer.
(4) An instrument purporting to have been
sealed with the common seal of the Trust and
purporting to have been signed by—
(a) not less than 2 members of the Trust; or
(b) one member of the Trust and a
designated officer—
is deemed to have been executed in
accordance with subsections (2) and (3).".
3
The Uniting Church in Australia Amendment Act 2008
No. 28 of 2008
s. 6
6 Receipt for certain moneys
For section 26(b) and (c) of The Uniting Church
in Australia Act 1977 substitute—
"(b) is in writing signed by—
(i) two members of the Trust; or
(ii) one member of the Trust and a
designated officer; or
(c) is in writing signed by a person duly
authorised for the purpose of the Trust by
two members of the Trust or by one member
of the Trust and a designated officer.".
7 Statute law revision
For section 15(1)(d) of The Uniting Church in
Australia Act 1977 substitute—
"(d) becomes a represented person within the
meaning of the Guardianship and
Administration Act 1986;".
8 Consequential amendments to other Acts
See: (1) In section 2 of the Epworth Foundation Act
Act No.
9404 1980, for the definition of Synod substitute—
and
amending " Synod has the same meaning as it has in The
Act Nos
9549, 10087,
Uniting Church in Australia Act 1977;".
42/1995,
97/1997 and
74/2000.
LawToday:
www.
legislation.
vic.gov.au
4
The Uniting Church in Australia Amendment Act 2008
No. 28 of 2008
s. 9
(2) For section 7(1)(c)(v) of the Melbourne College See:
of Divinity Act 1910 substitute— Act No.
2275
"(v) the Synod within the meaning of The and
amending
Uniting Church in Australia Act 1977;". Act Nos
5956, 8335,
9325, 23/1990
and 54/2005.
LawToday:
www.
legislation.
vic.gov.au
9 Repeal of amending Act
This Act is repealed on 21 September 2009.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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5
The Uniting Church in Australia Amendment Act 2008
No. 28 of 2008
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 10 April 2008
Legislative Council: 8 May 2008
The long title for the Bill for this Act was "A Bill for an Act to amend
The Uniting Church in Australia Act 1977, to consequentially amend
other Acts and for other purposes."
6
