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The Uniting Church in Australia Amendment Act 2008

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					 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
                              ═══════════════

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).
                 ═══════════════




                              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."




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