Presbyterian Church Act 1908

The Moderator for the time being of the General Assembly and 8 persons who shall respectively hold office either as a Minister or as an Elder of the said Church (but 2, at least, of whom shall be Ministers), and who shall from time to time be elected by the General Assembly as hereinafter provided shall be and are hereby constituted a body corporate for the better holding and management of the property of the said Church or of any congregation, mission or institution connected therewith, other than a mission or institution that is separately incorporated as provided in section 21, whether the same shall have been already acquired or may hereafter be acquired in any way howsoever; and for the better regulation and management of the affairs thereof, and under and by the name, style, and title of “The Commissioners of the Presbyterian Church in Western Australia” (hereinafter called the Commissioners) shall have continuance and succession for ever, and may have and use a Common Seal for the business of the said corporation and change and alter the same at their will and pleasure, and shall and may have, hold, purchase, receive, take, enjoy, and in the proper execution, and for the better fulfilment of the trusts of the said Church or corporation, and for the benefit and advantage thereof, manage, sell, lease, exchange, grant, transfer, and otherwise dispose of all manner of real and personal property whatsoever, and every part and parcel thereof, and exercise over the same all the powers of leasing and accepting surrenders of leases conferred on a tenant for life by The Settled Land Act 1892 ² or any Acts for the time being in force amending or re‑enacting the same, and shall also have power to borrow and take up at interest any sum or sums of money for the purpose of erecting or improving or aiding in erecting or improving churches, manses, or other buildings, or in the improvement of any property, whether freehold or leasehold, or in otherwise promoting as the General Assembly may direct, the objects of the said Church, and, in addition to the matters herein expressly provided for, shall in respect of the property of the said Church, exercise all the powers and perform all the functions and duties which the General Assembly may from time to time confer upon them, or in anywise direct by resolution to be passed in conformity with its recognised practice and procedure, and for any of such purposes may mortgage by deed or other instrument, under the said corporate seal, such portions of the property of the said Church as may be necessary for securing the repayment of such moneys with interest thereon; and the property so to be sold, exchanged, or mortgaged shall thenceforth be held and enjoyed by the purchaser or by the mortgagee thereof or his executors, administrators, and assigns, freed and absolutely discharged from the trusts upon which the Commissioners may theretofore have held the same, and the Commissioners shall and may, by the corporate name, style, and title aforesaid, sue and implead, be sued and impleaded, answer and be answered unto, in any Court of Record, or elsewhere, in law or equity, in all actions and causes whatsoever for, touching, or concerning any matter or thing appertaining to the said Church or corporation.

[Section 4 amended: No. 6 of 1924 s. 2; No. 19 of 1964 s. 2.]

4A. Commissioners, election, term of office etc.

The General Assembly shall elect (as hereinafter provided) 8 persons whose qualification for such election shall be the holding by each of said persons of the office of either a Minister or an Elder of said Church, and so that the Moderator and such 8 persons when so elected, or the persons from time to time elected in place of them respectively, as hereinafter provided, shall constitute the Commissioners in accordance with section 4.

The said 8 persons or their successors shall be elected by the General Assembly by either a vote by a show of hands, or by ballot or otherwise as may be determined by the General Assembly from time to time.

Subject to subsections (3A) to (3D), the persons elected as Commissioners shall hold office for the period of 4 years, so that 2 of such persons shall retire in rotation each year.

In the case of the first 8 persons to be elected as aforesaid, the General Assembly shall determine the period for which each of such persons shall hold office, and date or retirement by them respectively, and so that 2 of such persons shall retire during each of the first, second, third, and fourth years from the date of their election.

In the case of person subsequently elected as aforesaid, other than persons elected to fill a casual vacancy, such persons shall be elected for a period of 4 years from date of their respective election.

All persons elected as aforesaid shall, subject to the provisions of subsections (5) and (6), hold office until the appointment of their successors, notwithstanding the provisions hereof.

Every person so elected and subject to retirement as aforesaid shall be eligible for re‑election, provided such person continues to hold the qualification hereinbefore mentioned.

The Moderator shall not be subject to retirement, and shall hold office so long as he continues to act as Moderator.

The Moderator shall also act as convener of all meetings of Commissioners, and may summon general meetings of the Commissioners from time to time.

In the absence of the Moderator or in case of the inability or refusal of the Moderator to convene any such meeting or meetings, then any 2 Commissioners may convene such meeting or meetings.

The Moderator shall also be entitled to preside as chairman at all meetings, and in his absence the Commissioners present at any meeting may appoint one of their number to be chairman of such meeting.

If any person elected as aforesaid resigns his office by writing under his hand and delivered to the Moderator or secretary of the Commissioners, or if such person dies or ceases to have his usual place of residence within the State of Western Australia, or ceases to hold the qualification of a Minister or Elder of the said Church, or is absent from 6 or more consecutive general meetings of the Commissioners without leave obtained from such meetings, then the place of every such person shall thereupon become vacant, and a casual vacancy shall be deemed to have occurred.

In the event of a casual vacancy occurring from any cause as aforesaid, it shall be lawful for the Commissioners to appoint some other person holding a qualification as aforesaid to fill the vacancy until the next meeting of the General Assembly, when it shall be lawful for the General Assembly to elect some other duly qualified person to fill such vacancy for the remainder of the term (if any) of the person whose place as aforesaid has been vacated.

[Section 4A inserted as section 4a: No. 6 of 1924 s. 3; renumbered as section 4A and amended: No. 19 of 2010 s. 51.]