Uniting Church in Australia Act 1977

This Act may be cited as the Uniting Church in Australia Act 1977.

This Act shall come into operation on a date to be fixed by the

Administrator by notice in the Gazette.

The South Australian Wesleyan Methodists Act, 1887, and The Methodist Union Act, 1900, of the State of South

Australia cease to have effect in the Territory as laws of the

Territory.

Section 8 of the Acts Interpretation Act 1901, in its application to Acts by virtue of section 4 of the

Interpretation Acts, has effect as though the laws referred to in subsection (1) were Acts and had been repealed by this Act.

In this Act unless the contrary intention appears:

appointed day means the day fixed under section 2.

Assembly means the Assembly of the Church referred to in clause 15(e) of the Basis of Union and includes the inaugurating Assembly.

Basis of Union means the Basis of Union set out in the

First Schedule.

Church means The Uniting Church in Australia formed pursuant to the Basis of Union.

Congregational Church means the Congregational Union of

Australia and the Congregational Unions in each of the States of the

Commonwealth, and includes the individual Congregational Churches which have resolved to enter into union with the Methodist and

Presbyterian Churches and any department, society, auxiliary, activity, fund, service, institution, or any interest of any such individual church or Union.

Inaugurating Assembly means the first Assembly of the

Church which is convened in accordance with the Basis of Union.

Methodist Church means the Methodist Church of

Australasia and includes any congregation, circuit, department, society, auxiliary, activity, fund, service, institution or interest thereof save and except the Conferences of Fiji, Samoa and Tonga.

Presbyterian Church means the Presbyterian Church of

Australia comprising the Presbyterian Church of Australia in the

State of New South Wales, the Presbyterian Church of Victoria, the

Presbyterian Church of Queensland, the Presbyterian Church of South

Australia, the Presbyterian Church of Tasmania and the Presbyterian

Church in Western Australia.

property includes real and personal property and any estate or interest therein and, in the case of real property, includes property held on leasehold, whether from the Crown or otherwise.

Registrar-General means the Registrar-General and includes an Acting or Deputy Registrar-General.

Synod means the Synod of the Church, within the meaning of clause 15C(d) of the Basis of Union, for the region that includes the Northern Territory of Australia.

Trust means the Uniting Church in Australia Property

Trust (N.T.), constituted by section 5.

Trust Property means property vested in or acquired by the Trust by or pursuant to this Act.

Uniting Churches means the Congregational Church, the

Methodist Church, and the Presbyterian Church save and except those congregations of the Presbyterian Church continuing to function after the appointed day under the Scheme of Union of 24 July, 1901, as amended, whereby there was constituted a body known as the

Presbyterian Church of Australia.

The Trust shall have perpetual succession and a common seal and may enter into contracts, sue and be sued in its corporate name and may take, acquire, hold, deal with and dispose of property and may mortgage, charge or otherwise encumber any of its property and may borrow money for the purposes of the Trust.

Subject to this Act, the Trust shall hold Trust property in trust for the Church and upon any other trust affecting the property, but, notwithstanding anything contained in this Act, or in the Basis of Union, it shall hold the property subject to the determinations, declarations and interpretations on matters of doctrine, worship, government and discipline made from time to time in accordance with the provisions of the Constitution for the Church for the time being in force in that regard.

Subject to subsection (2), the Trust shall hold, manage, administer and otherwise deal with Trust property in accordance with the regulations, directions and resolutions of the Assembly and with the by-laws of the Synod in so far as such by-laws are not inconsistent with the regulations, directions and resolutions of the

Assembly.

Three members of the Trust shall constitute a quorum for the purpose of any meeting of the Trust and the decision of a majority of the members present and voting at any meeting of the Trust shall be the decision of the Trust.

Where by reason of the occurrence of casual vacancies the number of members of the Trust for the time being is reduced to less than 5, the continuing members shall appoint, as members of the Trust filling the vacancies until the end of the next succeeding Synod, persons not fewer in number than that required to increase to 5 the number of members.

Subject to subsection (1), where there is a casual vacancy in the membership of the Trust, the continuing members of the Trust may appoint a person to fill the vacancy until the end of the next succeeding Synod.

The members for the time being of the Trust shall have the custody of its common seal and, subject to this section, the form of the common seal and all other matters relating thereto shall be determined by the Trust.

The common seal of the Trust shall not be affixed to any instrument except in pursuance of a resolution passed at a duly convened meeting of the Trust and every instrument to which the common seal is so affixed shall be signed by not less than 2 members of the Trust.

An instrument purporting to have been sealed with the common seal of the Trust and purporting to have been signed by not less than

2 members of the Trust shall be deemed to have been executed in accordance with subsection (2).

Any deed, instrument, contract or agreement relating to any property or matter which if made or executed by an individual would be by law required to be in writing under seal may be made on behalf of the Trust in writing under the common seal of the Trust.

Any instrument, contract or agreement relating to any property or matter which if made by or between individuals would be required to be in writing signed by the parties to be charged therewith may be made on behalf of the Trust in writing by any person acting under its authority express or implied.

Any contract relating to any property or matter which if made between individuals would by law be valid although made by parol only (and not reduced to writing) may be made on behalf of the Trust by any person acting under its authority express or implied.

Any contract which is entered into or any instrument, contract or agreement which is signed in relation to any Trust property shall be deemed to have been entered into or signed with the express authority of the Trust, if it is entered into or signed in accordance with the resolution of the Synod for the time being in force pursuant to this Act.

The Trust may, by writing under its common seal, expressly empower any person, in respect of any specific matter, as its agent or attorney to execute any deed, instrument, contract or agreement on its behalf, and any deed signed by such an agent or attorney on behalf of the Trust and under his seal shall bind the Trust and have the same effect as if it were under its common seal.