Unitarian Church Act 1927

This Act may be cited as the Unitarian Church Act 1927.

In this and the following sections of this Act, unless inconsistent with the context or subject-matter, the expression:

Unitarian Trust property shall mean (a) the lands described in Schedule A hereto subject to any encumbrances endorsed thereon, and (b) all other real property and all personal property which is now vested in any person or persons subject to any trust that such property should be set apart, maintained, or used for a site for the erection of a chapel, parsonage, school or hall for the use of the people called Unitarians or upon trust that such property should be used for Divine purposes or any other purpose or purposes by the people called Unitarians, and (c) all property, real or personal, which may hereafter be purchased, leased, hired, given, devised, bequeathed or otherwise acquired by or to a Trustee or Trustees for Unitarian Church or School purposes, and (d) all property, real or personal, given, devised, bequeathed, or donated to the people called Unitarians, or to any person or persons upon trust for or for the use or benefit of the people called Unitarians or for Unitarian church or school purposes, but shall not include bequests, legacies, gifts, donations, or other voluntary dispositions, whether testamentary or otherwise, of personal property (including moneys) up to a total value for each such bequest, legacy, gift, donation or other voluntary disposition, of $200 or such other sum as is determined from time to time by a resolution of the congregation duly passed by a general meeting of the congregation and approved by the Minister of the Crown for the time being administering the Charitable Collections Act 1934, and shall not include subscriptions or offertories by members of the congregation.

Unitarian Church or Church shall mean the people called or known as Unitarians in the State of New South Wales.

Congregation shall mean the congregation for the time being of the people called Unitarians in the State of New South Wales including such persons as shall for the time being be members of the Unitarian Church in the State of New South Wales.

Person shall include the Crown, a company and a corporation sole, and shall include persons.

Trustees or Trustee shall mean the Trustees or Trustee as the case may be for the time being of Unitarian Trust property, and shall include a Trustee Company and the Public Trustee.

Trustee company shall mean any company within the meaning of any law for the time being in force, and regulating the formation of companies in the State of New South Wales and authorised by its Memorandum of Association to act as a Trustee and carrying on in the said State the business of acting as a Trustee.

Committee shall mean the body of members of the congregation who shall be declared under or by virtue of this Act to be the committee of the congregation, or who shall from time to time have been elected by the congregation as the committee of the congregation.

The rules shall mean all rules or regulations which shall be declared or deemed by or by virtue of this Act to be the rules of the congregation, and also all rules or regulations from time to time passed by the congregation in accordance with the provisions of this Act.

The following persons shall be members of the congregation:

every person who was a member of the congregation at the commencement of Schedule 15 to the Statute Law (Miscellaneous Amendments) Act 1984, and

every person over the age of 18 years who is admitted as a member of the congregation in accordance with the rules after that commencement.

Notwithstanding subsection (1), the congregation may at any time by special resolution expel any member from the congregation.

There shall be an honorary committee of the congregation which shall consist of a president, vice-president, secretary, one treasurer or such greater number of treasurers as the rules may from time to time prescribe and eight other persons or such greater number as the rules may from time to time prescribe. Each member of the committee shall be deemed an honorary officer of the church. No person shall be a member of the committee unless he or she shall have been a member of the congregation for at least one year or for such longer period as the rules may from time to time prescribe, and no person shall be a president or vice-president unless he or she shall have been a member of the congregation for at least two years. The period of membership may be prior or subsequent to the passing of this Act, or may be partly prior or partly subsequent to the passing of this Act. Such committee shall manage the affairs of the church in such manner as it shall think fit, subject to the provisions of this Act and to the rules and to any resolutions or special resolutions passed by the congregation in any general meeting assembled. A quorum of such committee shall be such number as shall be prescribed by the rules, but shall consist of at least five members. Questions shall be decided by vote of the majority of the committee, each member present having one vote, and the chairman having a second or casting vote. The president, vice-president, secretary, or secretaries, treasurer, or treasurers and other members of the committee shall be elected by the congregation annually at such time and in such manner as the rules shall prescribe, and each officer shall hold office for one year from the date of his election, and shall be eligible for re-election. In case of any vacancy occurring in any office, such vacancy may be filled by the congregation in such manner as shall be prescribed by the rules. The person holding any of the abovementioned offices at the time of the passing of this Act, shall be deemed to have been duly elected to such offices respectively under the provisions of this Act, but shall be deemed to have retired from such office at the expiration of six months from the passing of this Act, and shall be eligible for re-election.

A register of members of the congregation shall be kept by the committee, and such register shall contain the names of all persons who shall be members of the congregation at the date of the passing of this Act, and at the anniversary of such date in each year or at such other date in each year as may be provided by the rules. Such register shall be kept in the custody of such officer of the Church as the committee may from time to time appoint, but shall be subject to the directions of the committee, and shall be open to the inspection of members of the congregation at such times and upon such conditions as the committee shall from time to time prescribe. If any person shall claim to be entitled to be entered or to be or remain upon the said register as a member of the congregation he shall deliver to the officer of the Church or other person for the time being appointed to have the custody of the said register a notice in writing stating the grounds of his claim to be or remain so registered, and within such time as the rules shall prescribe, or if no time is prescribed, within one month from the delivery of the said notice the committee shall hold an inquiry into the claim as disclosed by the said notice, and shall give the person making such claim three clear days’ notice of such inquiry, and he shall be entitled to be present and to be heard in support of his claim at such inquiry, and upon such inquiry the committee may or a majority of those present may refuse such claim or direct that the name of the person making such claim shall be entered in such register. The decision of the committee or a majority thereof shall be final.

General meetings of the congregation shall be held so often as may be prescribed by the rules, and shall be held at least once in each year for the election of officers of the church, and once in every three years for the election of Trustees or appointment of a Trustee Company or the Public Trustee as a Trustee in accordance with the provisions of this Act. General meetings shall be convened by notice given publicly from the pulpit and posted upon the notice board of the church premises for the time being in use. Such notice shall be signed by the president, or in his absence, by the vice-president or other member appointed by the committee in that behalf, and shall state in general terms the nature of the business of the meeting. A meeting shall not proceed to the transaction of business unless a quorum of at least fifteen members of the congregation or one-fifth of the number of members of the congregation included in the register referred to in section 5, whichever is the lesser, be present, but such meeting shall stand adjourned to such date not earlier than seven days as the members present shall decide and at any such adjourned meeting such quorum as may be prescribed by the Rules may transmit business.

The officiating minister or ministers at the date of the passing of this Act shall be deemed to have been duly appointed as such, and the members of the committee of the church holding office at the date of the passing of this Act shall be deemed to be members of the committee in the same manner as if they had been elected under the provisions contained in this Act, and any person or persons holding office at the date of the passing of this Act shall be entitled to hold their respective offices until another person or persons is or are appointed in their respective places under the provisions of this Act.

Subject as hereinafter provided Leslie Graham Curlewis of Sydney, in the State of New South Wales, importer, Samuel Nisbet Hogg of Sydney aforesaid, accountant, Charles Alexander Maxwell of Sydney aforesaid, retired banker, Robert Pollock, Senior, of Sydney, architect, and Edith Mary Louden of Sydney aforesaid, advertising expert, and the survivors or survivor of them and the executors or administrators of the last survivor of them shall be the Trustees or Trustee, and the lands described in the Schedule A hereto, shall as from the date of the passing of this Act be deemed to be vested in them and the survivors or survivor of them or the executors or administrators of the last survivor of them or other the Trustees or Trustee for such estates or interests as the said lands were held at the date of the passing of this Act and subject to such encumbrances, charges or interests as the same were then subject to, and the said lands and all other Unitarian Trust property shall be held by the Trustees or Trustee and the survivors or survivor of them, and the executors or administrators of the last survivor of them subject to the trusts and conditions declared by this Act and with all and singular the powers, authorities and discretions vested in the Trustees or Trustee under or by virtue of this Act.

Any of the Trustees mentioned in clause eight hereof and any Trustee hereafter elected or appointed may retire or refuse to act on giving to the committee written notice of such retirement or refusal to act. The Trustees mentioned in clause eight and each of them and any Trustees or Trustee hereafter elected or appointed in place of them or any of them shall be deemed to have retired on the expiration of six months from the date of this Act or within three months after the completion of the sale of the property comprised in the Schedule A hereto whichever shall be the later date. A Trustee Company or Public Trustee hereafter appointed a Trustee shall cease to be a Trustee at the end of three years from the date of its appointment but shall be eligible for reappointment. In case a Trustee shall die or refuse to act or shall retire or shall be deemed to have retired or shall have become incapable of acting as a Trustee a new Trustee shall as soon as practicable be elected or appointed to fill the place of the Trustee who shall have died, or shall be deemed to have retired, or who or which shall have refused to act, or shall have retired, or shall have become incapable of acting as a Trustee to act during the unexpired portion of the term for which such Trustee would otherwise be entitled to act by resolution passed at a general meeting of the congregation called for that purpose: Provided always that pending such election the surviving or continuing Trustees or Trustee or the executors or administrators of a sole Trustee may act or continue to act for the time being notwithstanding any vacancy or vacancies arising. After the election of a new Trustee in place of a deceased sole Trustee the executor or executors or the administrator or administrators of such sole surviving Trustee shall not be entitled to act or to exercise any of the powers hereby given to a Trustee.

No person or Trustee Company shall, nor shall the Public Trustee be deemed to be a Trustee or be entitled to act as a Trustee or to exercise any of the powers and authorities vested in a Trustee by this Act unless and until a memorandum signed by the president or by the vice-president, and also signed by the secretary or secretaries or by two or more members of the committee stating that such person or persons has or have been duly elected a Trustee, or that such Trustee Company or the Public Trustee has been appointed a Trustee, has been filed in the office of the Registrar-General of the State of New South Wales who is hereby authorised to receive and record any such memorandum or in such public office as the Chief Secretary shall from time to time direct: Provided that a person taking title under or otherwise dealing with the Trustees or Trustee or taking title to or otherwise dealing with Unitarian Trust property shall not nor shall the said Registrar-General be bound or concerned to inquire whether or not such Trustees or Trustee have or has been duly appointed or not or whether or not the provisions of this Act with respect to the appointment of a Trustee other than the registration of the said memorandum have been duly complied with, and production of a memorandum purporting to be signed by the president or by the vice-president and also by the secretary or secretaries or by two or more members of the committee stating that any person has been elected a Trustee or that any Trustee Company or the Public Trustee has been duly appointed a Trustee, or of an official copy of such memorandum shall be deemed conclusive proof in favour of every person taking title under or otherwise dealing with such person or such Trustee Company or the Public Trustee so appointed or taking title to or otherwise dealing with Unitarian Trust property that such person has been duly elected a Trustee or that such Trustee or Public Trustee has been appointed a Trustee under this Act, and as such is entitled to exercise all or any of the powers and authorities vested in a Trustee under this Act.

All Unitarian property which for the time being is vested in the Trustees or Trustee and which is for the time being subject to the provisions of this Act and the trusts thereby created shall, upon the registration in manner aforesaid of the memorandum hereinbefore referred to and without any assurance in the law, be deemed to have been duly conveyed, assigned, or transferred to or otherwise legally and effectually vested in the person or persons, Trustee Company, or the Public Trustee named in such memorandum as having been elected or appointed Trustees or Trustee either solely or jointly with the surviving or continuing Trustees or Trustee to be held by him, them, or it upon and subject to the trusts and conditions for or upon which the same shall be held immediately prior to the registration of the said memorandum.

Every candidate for election as a Trustee shall give the secretary of the committee or such other person as the rules shall provide at least four weeks’ notice in writing of his candidature which shall be posted and kept posted on the notice board on the church premises at least three weeks before the holding of the meeting called for the election of Trustees. A notice stating that it is proposed to appoint a Trustee Company or the Public Trustee a Trustee shall at least four weeks before the meeting at which appointment shall be made be posted on the said notice board, and kept so posted during the said period of three weeks.

The number of Trustees shall not at any time be less than five, provided that any Trustee Company or the Public Trustee may be a sole Trustee, and no person shall be eligible to be elected as a Trustee, or to continue as a Trustee who has not been for two years a member of the congregation. As soon as practicable after the Trustees hereinbefore nominated, and any Trustee hereafter elected in place of any of such Trustees shall have been deemed to have retired from office as Trustees a Trustee Company or the Public Trustee shall be appointed to act as Trustee of Unitarian Church property under this Act. Such appointment shall be made by resolution of the congregation, and shall be for such period not exceeding three years, and at such remuneration and on such terms as shall be authorised by such resolution.

The Trustees or the Trustee shall permit and suffer any church or other building for the time being standing on land of whatever tenure which shall form part of Unitarian Trust property to be from time to time and at all times hereafter peaceably and quietly used, occupied, and enjoyed as and for a place for the worship of God by the congregation for services of the Unitarian Church and for meetings of the congregation to be held according to the rules while and so long as such congregation observes and conforms to the provisions of this Act.

The Trustees or the Trustee shall permit to officiate in any church building for the time being standing on land forming part of Unitarian Trust property, such person or persons as a majority of the congregation shall from time to time in manner prescribed by the rules appoint as officiating minister or ministers, until such minister or ministers shall be removed by a resolution of the majority of the congregation, and shall also permit occasional service of such person or persons as a majority of the committee or the officiating minister acting with the authority of such committee may from time to time appoint.

The Trustees or the Trustee shall permit and suffer any building for the time being standing on Unitarian Trust property, or any part of such building to be used or let on hire for purposes other than religious or scholastic, upon payment of such fees upon such terms and conditions as the committee shall from time to time direct.