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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Macedonian Orthodox Church
Property Trust Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to constitute a statutory corporation to hold property on behalf of the
Macedonian Orthodox Church,
(b) to specify the functions of the statutory corporation,
(c) to provide for certain property held in trust for the Church to vest in the
statutory corporation on the date it is established,
(d) to provide for the vesting in the statutory corporation of property given to, or
receivable or recoverable by, the Church in the future,
(e) to provide for other property held in trust for the Church to be transferred and
vest in the statutory corporation, if the current trustees and the Metropolitan
consent or if the current trustees are deceased, absent or under a legal disability
and the Metropolitan consents on their behalf.
b2009-044-11.d23
Macedonian Orthodox Church Property Trust Bill 2010
Explanatory note
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day to be
appointed by proclamation.
Clause 3 defines terms used in the proposed Act. Among the terms defined are
Church, Trust and trust property. Church is defined as the Macedonian Orthodox
Church, Diocese of Australia and New Zealand with its seat in Melbourne, being an
integral part of the Macedonian Orthodox Church with its seat in Skopje, Macedonia,
a hierarchical religious body whose leader, overseer and shepherd is the Archbishop
of Ohrid and Macedonia.
Clause 4 makes it clear that it is the intention of the Parliament that the operation of
the Act should, as far as possible, include operation in relation to property and things
situated outside the territorial limits of the State.
Part 2 Constitution and functions of Trust
Clause 5 provides for the Macedonian Orthodox Church Property Trust (referred to
in the proposed Act as the Trust) to be established as a corporation. The Trust is to
consist of trustees comprising the Metropolitan (who presides over meetings of the
Trust), the Deputy Bishop, a representative from the monasteries of the Church who
is appointed by the Metropolitan, the Diocesan Secretary, the deputy president of the
Diocesan Assembly and 3 lay persons and 2 clerics of the Church, each being current
members of the Diocesan Ruling Committee, who are appointed by the Metropolitan.
Clause 6 specifies the procedure of the Trust.
Clause 7 specifies the functions of the Trust. These include:
(a) buying, holding and selling Church property, and
(b) acquiring property by gift or by devise or bequest, and
(c) borrowing money for Church purposes.
Clause 8 empowers the Trust to make by-laws.
Clause 9 enables the Trust to hold or acquire property alone or jointly.
Clause 10 provides for the investment of funds by the Trust.
Clause 11 enables the Trust to invest, as one fund, money held for different
purposes.
Clause 12 empowers the Trust to make advances from its trust funds, and specifies
how such advances may be made.
Clause 13 enables the Trust to make arrangements with a church of another
denomination concerning the use of trust property.
Explanatory note page 2
Macedonian Orthodox Church Property Trust Bill 2010
Explanatory note
Clause 14 enables the Trust to vary the terms of a trust if it has become impossible
or inexpedient to carry out those terms.
Clause 15 enables the Trust to be the executor or administrator of an estate in which
the Church has a beneficial interest. The clause will also enable the Trust to accept
appointment as trustee of property held for the Church's benefit.
Clause 16 authorises the Trust to act on behalf of the Church in settling the
compensation payable in the event that any trust property is compulsorily acquired.
Part 3 Vesting of property in Trust
Division 1 Vesting of property in Trust
Clause 17 provides for the vesting in the Trust, on the date of commencement, of all
property and rights held on trust for the Church by Bishop Petar Karevski, Father
Jovica Simonovski and Father Tone Gulev, including the property listed in the
clause.
Clause 18 provides for the vesting in the Trust of property acquired after the date of
commencement.
Clause 19 provides for the later vesting of other property, if the current trustees and
the Metropolitan consent.
Clause 20 provides for the later vesting of other property that is held on trust, if the
Metropolitan is unable to obtain the consent of all current trustees and consents on
their behalf.
Division 2 Provisions relating to vesting of property
Clause 21 requires registration authorities to record the transfer of interests in land
that are necessary as a result of the operation of the proposed Part.
Clause 22 provides that the vesting of property in the Trust by the proposed Part
does not affect any reservation, mortgage, charge, encumbrance, lien or lease that
affected the property or any trust on which the property was held, immediately before
the vesting of the property.
Clause 23 provides that, when property vests in the Trust in accordance with
proposed section 17, 19 or 20 the rights, liabilities and obligations of the former
trustees in relation to the property will become the rights, liabilities and obligations
of the Trust.
Clause 24 provides that certain gifts, dispositions and trusts of property do not fail
but take effect on or after the date of commencement, as gifts, dispositions and trusts
in favour of the Trust.
Explanatory note page 3
Macedonian Orthodox Church Property Trust Bill 2010
Explanatory note
Division 3 Payment of duty not required
Clause 25 provides that duty under the Duties Act 1997 is not chargeable in respect
of, or in connection with, a conveyance to the Trust of property from a person or body
that holds that property for or on behalf of any parish or community of the Church.
Part 4 Miscellaneous
Clause 26 provides for the custody and use of the seal of the Trust.
Clause 27 provides for the execution on behalf of the Trust of deeds and instruments
required by law to be in writing and for the entering into of oral contracts on its
behalf.
Clause 28 enables the Trust to appoint agents to execute documents on its behalf.
Clause 29 enables the Trust to certify that it holds property on trust for the Church.
Clause 30 provides that, if a person obtains a receipt for money paid to the Trust, the
person will not be liable if the money is lost or misapplied or is not applied.
Clause 31 is intended to remove the need for a person involved in a property dealing
with the Trust to inquire whether the Trust has power to deal with property and will
protect the person even if the person had notice that the Trust had no such power.
Clause 32 entitles members of the Trust and others to be indemnified out of trust
property against liability for certain things done by them in good faith concerning the
property.
Clause 33 provides for the service of documents on the Trust.
Explanatory note page 4
Introduced by Revd the Hon F J Nile, MLC First print
New South Wales
Macedonian Orthodox Church
Property Trust Bill 2010
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Extraterritorial operation of Act 3
Part 2 Constitution and functions of Trust
5 Constitution of Trust 4
6 Procedure of Trust 4
7 Functions of Trust 4
8 Trust may make by-laws 5
9 Trust may hold property jointly 5
10 Trust may invest trust funds 5
11 Blending of trust funds 6
12 Trust may make advances 6
b2009-044-11.d23
Macedonian Orthodox Church Property Trust Bill 2010
Contents
Page
13 Arrangements for other churches to use trust property 6
14 Trusts may be varied 7
15 Trust may act as executor, administrator or trustee 7
16 Trust may make claims for compensation on compulsory
acquisition etc 8
Part 3 Vesting of property in Trust
Division 1 Vesting of property in Trust
17 Vesting of certain property in Trust on the date of
commencement 9
18 Operation of a gift, disposition or trust after date of
commencement 10
19 Vesting of other property held on trust if current trustees
consent 10
20 The Metropolitan may consent to transfer of other property
held on trust, on behalf of absent or disabled trustees 11
Division 2 Provisions relating to vesting of property
21 Registration authorities required to record conveyances
of land 11
22 Provisions relating to vesting of property 13
23 Claims and liabilities in relation to Trust 13
24 Operation of gifts, dispositions or trusts of property 14
Division 3 Payment of duty not required
25 Payment of duty not required in certain cases 15
Part 4 Miscellaneous
26 Custody and use of seal of Trust 16
27 How Trust may execute certain documents 16
28 Trust may appoint agents 16
29 Evidence of certain matters relating to Trust 17
30 Persons exonerated from liability on receiving receipt for
money paid to Trust 17
31 Inquiries relating to dealings with trust property
unnecessary in certain cases 17
32 Certain persons to be indemnified out of trust property 17
33 How documents may be served on Trust 18
Contents page 2
New South Wales
Macedonian Orthodox Church
Property Trust Bill 2010
No , 2010
A Bill for
An Act to constitute as a corporation the Macedonian Orthodox Church Property
Trust, to specify the Trust's functions, to provide for the vesting of certain property
in the Trust; and for other purposes.
Clause 1 Macedonian Orthodox Church Property Trust Bill 2010
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Macedonian Orthodox Church Property Trust Act 2010. 4
2 Commencement 5
This Act commences on a day to be appointed by proclamation. 6
3 Definitions 7
In this Act: 8
by-laws means the by-laws of the Trust. 9
Church means the Macedonian Orthodox Church, Diocese of Australia 10
and New Zealand with its seat in Melbourne, being an integral part of 11
the Macedonian Orthodox Church with its seat in Skopje, Macedonia, a 12
hierarchical religious body whose leader, overseer and shepherd is the 13
Archbishop of Ohrid and Macedonia. 14
conveyance includes transfer, assignment and assurance. 15
date of commencement means the date on which this Act commences. 16
Deputy Bishop means the Deputy Bishop of the Church, who is 17
appointed by the Metropolitan. 18
Diocesan Assembly means the Diocesan Assembly of the Church, 19
constituted under the Diocesan Statute. 20
Diocesan Ruling Committee means the Diocesan Ruling Committee, 21
constituted under the Diocesan Statute. 22
Diocesan Secretary means the person from time to time occupying the 23
office of Secretary of the Church, who is appointed by the Metropolitan. 24
Diocesan Statute means the statute of the Church passed by the 25
Diocesan Assembly, and authorised and certified by the Archbishopric 26
Church and Lay Assembly of the Macedonian Orthodox Church on 27
24 February 1996, as in force from time to time. 28
exercise a function includes perform a duty. 29
function includes a power, authority or duty. 30
Metropolitan means the Bishop of the Macedonian Orthodox Church, 31
Diocese of Australia and New Zealand, appointed by the Holy Bishops' 32
Synod of the Macedonian Orthodox Church or, if there is a vacancy in 33
the See, the person for the time being exercising the authority of the 34
Bishop who has been appointed by the Holy Bishops' Synod of the 35
Macedonian Orthodox Church. 36
Page 2
Macedonian Orthodox Church Property Trust Bill 2010 Clause 4
Preliminary Part 1
relevant transfer date means: 1
(a) in relation to land transferred by the operation of section 17--the 2
date of commencement, and 3
(b) in relation to land transferred by the operation of section 19 or 4
20--the date of consent of the Metropolitan under either of those 5
sections. 6
Trust means the Macedonian Orthodox Church Property Trust 7
constituted by this Act. 8
trust property means property held by the Trust. 9
trustee means a member of the Trust. 10
4 Extraterritorial operation of Act 11
(1) It is the intention of the Parliament of New South Wales that the 12
operation of this Act should, as far as possible, include operation in 13
relation to the following: 14
(a) land situated in or outside the territorial limits of the State, 15
(b) things situated in or outside the territorial limits of the State, 16
(c) acts, transactions and matters done, entered into or occurring in 17
or outside the territorial limits of the State, 18
(d) things, acts, transactions and matters (wherever situated, done, 19
entered into or occurring) that would, apart from this Act, be 20
governed or otherwise affected by the law of another State or 21
Territory. 22
(2) Without limiting subsection (1), it is the intention of the Parliament of 23
New South Wales that the provisions of this Act have an operation in 24
relation to the things, acts, transactions and matters referred to in that 25
subsection even if the rules of private international law (whether at 26
general law or as provided by legislation) would require the application 27
of a law other than this Act instead of the provisions of this Act. 28
(3) To the extent that the vesting of any property by this Act is beyond the 29
legislative competence of the Parliament of New South Wales, and this 30
Act does not vest any of the property in the Trust without the need for 31
conveyance, then each person who holds that property on trust for the 32
Church is, to the extent that the person is amenable to the law of New 33
South Wales, required to do all that is necessary to actually transfer it. 34
Page 3
Clause 5 Macedonian Orthodox Church Property Trust Bill 2010
Part 2 Constitution and functions of Trust
Part 2 Constitution and functions of Trust 1
5 Constitution of Trust 2
(1) There is constituted by this Act a corporation under the corporate name 3
of the Macedonian Orthodox Church Property Trust. 4
(2) The Trust is to consist of the following members: 5
(a) the Metropolitan, 6
(b) the Deputy Bishop, 7
(c) a representative from the monasteries of the Church, who is 8
appointed by the Metropolitan, 9
(d) the Diocesan Secretary, 10
(e) 2 clerics of the Church, being current members of the Diocesan 11
Ruling Committee, who are appointed by the Metropolitan, 12
(f) the deputy president of the Diocesan Assembly, 13
(g) 3 lay persons, being current members of the Diocesan Ruling 14
Committee, who are appointed by the Metropolitan. 15
6 Procedure of Trust 16
(1) Subject to this section, the trustees are to conduct the business of the 17
Trust in accordance with the by-laws. 18
(2) The Metropolitan is to preside at a meeting of the Trust. 19
(3) The quorum for a meeting of the Trust is a majority for the time being 20
of the members (one of whom must be the Metropolitan). 21
(4) Every meeting of the Trust at which a quorum is present is competent 22
to transact any business of the Trust. 23
(5) A question arising at a meeting is determined by a majority of votes and, 24
in the case of equality of votes, the Metropolitan has a casting vote. 25
(6) The Trust may, if it thinks fit, transact any of its business at a meeting 26
at which members (or some members) participate by telephone, video 27
conference, closed-circuit television or other means, but only if any 28
member who speaks on a matter before the meeting can be heard by the 29
other members. 30
7 Functions of Trust 31
(1) The functions of the Trust are as follows: 32
(a) to purchase, exchange, take on lease, hold, dispose of and 33
otherwise deal with property as trustee for, or for the purposes of, 34
the Church, 35
Page 4
Macedonian Orthodox Church Property Trust Bill 2010 Clause 8
Constitution and functions of Trust Part 2
(b) to acquire property by gift, devise or bequest and to agree to and 1
carry out the conditions of the gift, devise or bequest, 2
(c) to borrow or lend money for the purposes of the Church, 3
(d) to mortgage, charge or otherwise encumber trust property, 4
(e) to make gifts and donations of property held by it for religious 5
and charitable purposes, 6
(f) to enter into any guarantee or indemnity that may assist the Trust 7
or the Church in the exercise of its functions, 8
(g) to do and suffer all other things (whether or not of the kind 9
referred to in this section) that the Metropolitan considers to be 10
necessary, appropriate or desirable, 11
(h) to do and suffer all other things that bodies corporate may, by 12
law, do and suffer and that are necessary for or incidental to the 13
exercise of its functions under this Act. 14
(2) The Trust has such other functions as are conferred or imposed on it by 15
this Act. 16
(3) This section does not limit section 50 of the Interpretation Act 1987. 17
8 Trust may make by-laws 18
(1) The Trust may make by-laws, not inconsistent with this Act: 19
(a) for the control and management of, and dealings with, trust 20
property, and 21
(b) with respect to the procedure for conducting the business of the 22
Trust. 23
(2) A certificate under the seal of the Trust to the effect that a by-law 24
specified in the certificate, or in an annexure to the certificate, was in 25
force on a day specified in the certificate is, until the contrary is proved, 26
evidence that the by-law was in force on that day. 27
(3) A by-law may be amended or repealed by a subsequent by-law made 28
under this section. 29
9 Trust may hold property jointly 30
The Trust may hold or acquire property either alone or jointly as a joint 31
tenant or tenant-in-common. 32
10 Trust may invest trust funds 33
The Trust: 34
(a) may invest or lend any funds that it holds on trust in accordance 35
with the terms of any trust to which the funds are subject, and 36
Page 5
Clause 11 Macedonian Orthodox Church Property Trust Bill 2010
Part 2 Constitution and functions of Trust
(b) may also invest or lend any such funds in accordance with the 1
Trustee Act 1925, unless the investment or loan is expressly 2
forbidden by the instrument (if any) creating the trust to which 3
the funds are subject. 4
11 Blending of trust funds 5
(1) The Trust may invest trust funds held by it on trust for different 6
purposes or activities, or any part of those funds, as one fund (the fund). 7
(2) Income arising from an investment of funds in accordance with 8
subsection (1) is to be apportioned ratably among the several purposes 9
or activities for which the funds are held on trust. 10
(3) Any loss arising from an investment of funds in accordance with 11
subsection (1) is to be apportioned ratably among the several purposes 12
or activities for which the funds are held on trust. 13
12 Trust may make advances 14
(1) The Trust may make advances out of its trust funds for any activity, 15
service, institution or interest of the Church. 16
(2) Any sum so advanced is taken to be an investment of the money and 17
bears interest at a rate fixed by the Trust. 18
(3) If the terms of any such advance so provide, the sum advanced and any 19
interest on that sum is taken to be a charge on those assets (if any) that 20
the Trust holds for the activity, service, institution or interest of the 21
Church for which the advance was made. 22
13 Arrangements for other churches to use trust property 23
(1) In this section, scheme of co-operation means a scheme entered into by 24
the Trust: 25
(a) with or involving a church of another denomination or any 26
congregation or activity of such a church, and 27
(b) concerning the use of trust property. 28
(2) The Trust may permit trust property to be used and managed for the 29
purposes of a scheme of co-operation on such terms and conditions as 30
the Trust determines. 31
(3) Any proceeds derived by the Trust from a scheme of co-operation are to 32
be applied in the manner decided by the Trust. 33
(4) Conditions that the Trust may determine under this section include: 34
(a) conditions with respect to the making of monetary contributions 35
towards the acquisition, construction, alteration, maintenance or 36
Page 6
Macedonian Orthodox Church Property Trust Bill 2010 Clause 14
Constitution and functions of Trust Part 2
repair of property vested in or held on behalf of a co-operating 1
church or congregation, and 2
(b) the giving or taking of a security or charge over any property. 3
(5) Trust property may be used in accordance with a scheme of 4
co-operation except to the extent that the property is subject to an 5
express trust expressly forbidding its use in that manner. 6
(6) Trust property is not to be regarded as property that is subject to an 7
express trust expressly forbidding its use under a scheme of 8
co-operation merely because it is directed to be held on trust for worship 9
within, or for the purposes of, the Church. 10
14 Trusts may be varied 11
(1) The Trust may by resolution declare that, in its opinion, it has become 12
impossible or inexpedient to carry out or observe the terms of a trust of 13
property vested in it, whether as to its purpose or any other of its terms. 14
(2) The Trust may, by the same or a later resolution, declare that the 15
property is subject to another trust and, on the making of such a 16
declaration: 17
(a) the trust that is to be replaced ceases, and 18
(b) the property is to be held subject to the other trust. 19
(3) In making such a declaration, the Trust must ensure that the property is 20
dealt with as nearly as is possible for the purposes for which the 21
property was held immediately before the resolution. 22
(4) However, the Trust may by resolution declare that, in its opinion, it is 23
impossible or inexpedient to deal with the property in accordance with 24
subsection (3) because of circumstances arising after the creation of the 25
trust that is to be replaced. 26
(5) On making a resolution under subsection (4), the Trust may hold, 27
dispose of or otherwise deal with and apply the property for such 28
purposes for the use and benefit of the Church as the Trust declares by 29
resolution. 30
15 Trust may act as executor, administrator or trustee 31
If authorised by the Trust to do so, a trustee or a person employed by the 32
Trust may, on behalf of the Trust: 33
(a) swear an affidavit, or 34
(b) make a declaration or statement, or 35
(c) give security and do any other act or thing, 36
Page 7
Clause 16 Macedonian Orthodox Church Property Trust Bill 2010
Part 2 Constitution and functions of Trust
that is, by any charter, enactment or rule of court, required to be done 1
by a person who is applying for or granted probate or letters of 2
administration, or who is administering a trust. 3
16 Trust may make claims for compensation on compulsory acquisition etc 4
In relation to the exchange, dedication or compulsory acquisition of any 5
trust property, the Trust may: 6
(a) act on behalf of the Church and make claims for compensation, 7
and 8
(b) agree to and settle any such claims for such amount, and on such 9
terms and conditions, as it thinks fit. 10
Page 8
Macedonian Orthodox Church Property Trust Bill 2010 Clause 17
Vesting of property in Trust Part 3
Part 3 Vesting of property in Trust 1
Division 1 Vesting of property in Trust 2
17 Vesting of certain property in Trust on the date of commencement 3
(1) On the date of commencement, all property and rights vested in or held 4
by Bishop Petar Karevski, Father Jovica Simonovski and Father Tone 5
Gulev on trust for the Church are divested from those persons and are, 6
to the extent that they were so held, vested in the Trust (without the need 7
for any further conveyance). 8
(2) Without limiting subsection (1), on the date of commencement, the 9
following land vests in the Trust (without the need for any further 10
conveyance): 11
(a) The Macedonian Orthodox Church "Holy Mother of God", 12
situated at and known as 37-39 Atkinson Street, Liverpool, New 13
South Wales and being the land more particularly described in 14
Certificate of Title Volume 10673 Folio 236 of the Register kept 15
under the Real Property Act 1900 of New South Wales, 16
(b) The Macedonian Orthodox Church "Nativity of Holy Mother of 17
God" Cathedral Chapel, situated at and known as 1-3 Pecks 18
Road, Sydenham, Victoria and being the land more particularly 19
described in Certificate of Title Volume 9361 Folio 679 of the 20
Register kept under the Transfer of Land Act 1958 of Victoria, 21
(c) The Macedonian Orthodox Church "Saint Prohor Pchinski" 22
Monastery, situated at and known as 130 Spring Road, 23
Donnybrook, Victoria and being the land more particularly 24
described in Certificate of Title Volume 10689 Folios 945, 946, 25
947 and 948 of the Register kept under the Transfer of Land Act 26
1958 of Victoria, 27
(d) The Macedonian Orthodox Church "Holy Mother of God", 28
situated at and known as Lots 4 and 5 Curtis Street, Woodville 29
South, South Australia, and being the land more particularly 30
described in Certificate of Title Volume 5477 Folio 51 of the 31
Register Book kept under the Real Property Act 1886 of South 32
Australia. 33
(3) On and from the date of commencement, the Trust is taken to be the 34
successor in law of Bishop Petar Karevski, Father Jovica Simonovski 35
and Father Tone Gulev for all purposes, including private international 36
law. 37
Page 9
Clause 18 Macedonian Orthodox Church Property Trust Bill 2010
Part 3 Vesting of property in Trust
18 Operation of a gift, disposition or trust after date of commencement 1
(1) This section applies to a gift, disposition or trust of property that, on or 2
after the date of commencement, is made or declared (whether by deed, 3
will or otherwise) to, in favour of, or for the purpose of: 4
(a) the Bishop (on behalf of the Church), or 5
(b) any other person (on behalf of the Church), or 6
(c) the Church. 7
(2) Such a gift, disposition or trust of property takes effect when it is made 8
or declared: 9
(a) to or in favour of the Trust, and 10
(b) for a purpose of the Trust corresponding with, or similar to, the 11
purpose for which it was, or was taken to be, made or declared. 12
(3) Such a gift, disposition or trust: 13
(a) does not fail only because of the provisions of this Act, and 14
(b) if it is capable of taking effect to any extent, takes effect to that 15
extent as if it were made or declared: 16
(i) to or in favour of the Trust, and 17
(ii) for a purpose of the Trust corresponding with, or similar to, 18
the purpose for which it was, or was taken to be, made or 19
declared. 20
19 Vesting of other property held on trust if current trustees consent 21
(1) This section applies if: 22
(a) property (the relevant property) is held on trust for the Church on 23
or after the date of commencement by any person or persons (the 24
current trustees), and 25
(b) each of the current trustees consents in writing to a transfer of the 26
relevant property to the Trust. 27
(2) The Metropolitan may, by writing under his hand, consent to the 28
transfer of the relevant property to the Trust. 29
(3) If the Metropolitan consents to the transfer, the relevant property is, on 30
the date of consent of the Metropolitan, divested from the current 31
trustees and is, to the extent that it was held on trust for the Church, 32
vested (without the need for any further conveyance) in the Trust. 33
(4) If such a transfer is registered in accordance with section 21, the 34
registration operates as a discharge of all such current trustees from the 35
duties of the trust. 36
Page 10
Macedonian Orthodox Church Property Trust Bill 2010 Clause 20
Vesting of property in Trust Part 3
20 The Metropolitan may consent to transfer of other property held on trust, 1
on behalf of absent or disabled trustees 2
(1) This section applies if: 3
(a) property (the relevant property) is held on trust for the Church on 4
or after the date of commencement by any person or persons (the 5
current trustees), and 6
(b) the Metropolitan has sought the consent of each current trustee to 7
the transfer of the relevant property, and 8
(c) the consent of any current trustee cannot be obtained because that 9
person has died, is absent or is under any other disability, but the 10
consent of the remaining trustees has been obtained, and 11
(d) the Metropolitan has given notice of his intention to consent to 12
the transfer of the relevant property in a newspaper circulating 13
generally in the place where the relevant property is located, and 14
(e) no proceedings have been taken by any current trustee within 15
30 days after the publication of that notice or, if such proceedings 16
have commenced, those proceedings have been finally 17
determined in favour of the Metropolitan. 18
(2) The Metropolitan may, by writing under his hand, consent to the 19
transfer of the relevant property to the Trust. 20
(3) If the Metropolitan consents to the transfer, the relevant property is, on 21
the date of consent of the Metropolitan, divested from current trustees 22
and is, to the extent that it was held on trust for the Church, vested 23
(without the need for any further conveyance) in the Trust. 24
(4) If such a transfer is registered in accordance with section 21, the 25
registration operates as a discharge of all current trustees from the duties 26
of the trust. 27
Division 2 Provisions relating to vesting of property 28
21 Registration authorities required to record conveyances of land 29
(1) The appropriate registration authority, on being requested to do so and 30
on delivery of any relevant instrument, must issue all necessary 31
certificates of registration or title and make any recordings on the 32
relevant Register that are necessary because of the operation of section 33
17, 19 or 20. 34
(2) In this section: 35
appropriate registration authority: 36
(a) in relation to land in New South Wales--means the 37
Registrar-General of this State, and 38
Page 11
Clause 21 Macedonian Orthodox Church Property Trust Bill 2010
Part 3 Vesting of property in Trust
(b) in relation to land in the Australian Capital Territory--means the 1
registrar-general referred to in the Land Titles Act 1925 of the 2
Australian Capital Territory, and 3
(c) in relation to land in the Northern Territory--means the 4
Registrar-General referred to in the Land Title Act of the 5
Northern Territory, and 6
(d) in relation to land in Queensland--means the chief executive 7
referred to in the Land Act 1994 of Queensland, and 8
(e) in relation to land in South Australia--means the 9
Registrar-General appointed under the Real Property Act 1886 of 10
South Australia, and 11
(f) in relation to land in Tasmania--means the Recorder referred to 12
in the Land Titles Act 1980 of Tasmania, and 13
(g) in relation to land in Victoria--means the Registrar of Titles 14
appointed under the Transfer of Land Act 1958 of Victoria, and 15
(h) in relation to land in Western Australia--means the Registrar 16
referred to in the Transfer of Land Act 1893 of Western Australia. 17
relevant Register: 18
(a) in relation to land in New South Wales--means the Register 19
required to be kept under the Real Property Act 1900 of New 20
South Wales, and 21
(b) in relation to land in the Australian Capital Territory--means the 22
register required to be kept under the Land Titles Act 1925 of the 23
Australian Capital Territory, and 24
(c) in relation to land in the Northern Territory--means the land 25
register required to be kept under the Land Title Act of the 26
Northern Territory, and 27
(d) in relation to land in Queensland--means the land registry 28
required to be kept under the Land Act 1994 of Queensland, and 29
(e) in relation to land in South Australia--means the Register Book 30
required to be kept under the Real Property Act 1886 of South 31
Australia, and 32
(f) in relation to land in Tasmania--means the Register required to 33
be kept under the Land Titles Act 1980 of Tasmania, and 34
(g) in relation to land in Victoria--means the Register of land 35
required to be kept under the Transfer of Land Act 1958 of 36
Victoria, and 37
(h) in relation to land in Western Australia--means the Register 38
required to be kept under the Transfer of Land Act 1893 of 39
Western Australia. 40
Page 12
Macedonian Orthodox Church Property Trust Bill 2010 Clause 22
Vesting of property in Trust Part 3
22 Provisions relating to vesting of property 1
(1) The vesting of the property in the Trust by this Part does not affect: 2
(a) any reservation, mortgage, charge, encumbrance, lien or lease 3
that affected the property, or 4
(b) any trust on which the property was held, 5
immediately before the vesting of the property. 6
(2) No attornment to the Trust by a lessee of land vested in the Trust by this 7
Part is necessary. 8
(3) The vesting of property by this Part is not a dutiable transaction for the 9
purposes of the Duties Act 1997. 10
(4) A dutiable transaction within the meaning of the Duties Act 1997, or an 11
instrument that effects or evidences a dutiable transaction and that 12
occurs or is executed or registered only for: 13
(a) a purpose ancillary to, or consequential on, the operation of this 14
Part, or 15
(b) the purpose of giving effect to this Part, 16
is not chargeable with duty under the Duties Act 1997. 17
23 Claims and liabilities in relation to Trust 18
(1) On and from the relevant transfer date, the following provisions have 19
effect in relation to property vested in the Trust in accordance with 20
section 17, 19 or 20: 21
(a) the rights and liabilities of a former trustee become rights and 22
liabilities of the Trust to be exercised and discharged in 23
accordance with this Act, 24
(b) the obligations of a former trustee become obligations of the 25
Trust to be performed in accordance with this Act, 26
(c) proceedings before a court or tribunal by or against a former 27
trustee that, immediately before the relevant transfer date, were 28
pending or in the course of being heard become proceedings by 29
or against the Trust, 30
(d) to the extent to which an act, matter or thing done or omitted to 31
be done on behalf of a former trustee had any force or effect 32
immediately before the relevant transfer date, it becomes an act, 33
matter or thing done or omitted to be done by the Trust, 34
(e) a reference in any document to a former trustee is to be read as a 35
reference to the Trust, 36
Page 13
Clause 24 Macedonian Orthodox Church Property Trust Bill 2010
Part 3 Vesting of property in Trust
(f) time that had commenced to run in relation to a former trustee is 1
taken to be time that had commenced to run in relation to the 2
Trust. 3
(2) In this section: 4
former trustee means a person in whom, immediately before the 5
relevant transfer date, property was held on trust for the Church. 6
24 Operation of gifts, dispositions or trusts of property 7
(1) A gift, disposition or trust of property transferred by section 17 that, 8
before the relevant transfer date, has been or is taken to have been made 9
or declared (whether by deed, will or otherwise) to, in favour of, or for 10
the purpose of Bishop Petar Karevski, Father Jovica Simonovski or 11
Father Tone Gulev (on behalf of the Church): 12
(a) does not fail only because of the provisions of this Act, and 13
(b) if it is capable of taking effect to any extent on or after the date of 14
commencement, takes effect to that extent as if it were made or 15
declared: 16
(i) to or in favour of the Trust, and 17
(ii) for a purpose of the Trust corresponding with, or similar to, 18
the purpose for which it was, or was taken to be, made or 19
declared. 20
(2) A gift, disposition or trust of property transferred by section 19 or 20 21
that, before the relevant transfer date, has been or is taken to have been 22
made or declared (whether by deed, will or otherwise) to, in favour of, 23
or for the purpose of the Bishop (on behalf of the Church) or any other 24
person (on behalf of the Church) or the Church: 25
(a) does not fail only because of the provisions of this Act, and 26
(b) if it is capable of taking effect to any extent on or after the date of 27
commencement, takes effect to that extent as if it were made or 28
declared: 29
(i) to or in favour of the Trust, and 30
(ii) for a purpose of the Trust corresponding with, or similar to, 31
the purpose for which it was, or was taken to be, made or 32
declared. 33
Page 14
Macedonian Orthodox Church Property Trust Bill 2010 Clause 25
Vesting of property in Trust Part 3
Division 3 Payment of duty not required 1
25 Payment of duty not required in certain cases 2
Duty under the Duties Act 1997 is not chargeable in respect of, or in 3
connection with, a conveyance to the Trust of property from a person or 4
body who holds that property for or on behalf of any parish or 5
community of the Church. 6
Page 15
Clause 26 Macedonian Orthodox Church Property Trust Bill 2010
Part 4 Miscellaneous
Part 4 Miscellaneous 1
26 Custody and use of seal of Trust 2
(1) The seal of the Trust is kept by the Secretary of the Trust and may be 3
affixed to a document only: 4
(a) in accordance with a resolution of the Trust, and 5
(b) in the presence of the Metropolitan, or in the absence of the 6
Metropolitan, a person appointed by the Metropolitan for the 7
purpose of signing the document, and not fewer than 2 other 8
trustees, and 9
(c) with an attestation by the signatures of those members of the fact 10
of the affixing of the seal. 11
(2) An instrument purporting to have been sealed with the seal of the Trust 12
and to have been signed by the Metropolitan, or in his absence, by the 13
appointed person, and not fewer than 2 other trustees is taken to have 14
been executed in accordance with this section. 15
27 How Trust may execute certain documents 16
(1) Any instrument relating to any property or matter that, if made or 17
executed by an individual, would by law be required to be in writing 18
under seal may be made on behalf of the Trust in writing under the seal 19
of the Trust. 20
(2) Any instrument relating to any property or matter that, if made by or 21
between individuals, would by law be required to be in writing signed 22
by the parties to be bound by it may be made on behalf of the Trust in 23
writing by any person acting under its authority, express or implied. 24
(3) Any contract relating to any property or matter that, if made between 25
individuals, would by law be valid although made orally only (and not 26
reduced to writing) may be made on behalf of the Trust by any person 27
acting under its authority, express or implied. 28
28 Trust may appoint agents 29
(1) The Trust may, by writing under its seal, expressly empower any 30
person, in respect of any specific matter, to execute any deed or other 31
document on its behalf as its agent or attorney. 32
(2) Any deed signed by such an agent or attorney on behalf of the Trust 33
binds the Trust and has the same effect as if it were under the seal of the 34
Trust. 35
Page 16
Macedonian Orthodox Church Property Trust Bill 2010 Clause 29
Miscellaneous Part 4
29 Evidence of certain matters relating to Trust 1
(1) A certificate under the seal of the Trust to the effect that property 2
specified in the certificate is held by it on trust for the Church is, in any 3
legal proceedings, evidence that the property is so held. 4
(2) A certificate under the seal of the Trust to the effect that the estate or 5
interest of a person specified in the certificate in land so specified is an 6
estate or interest vested in the Trust by this Act is, for the purposes of 7
any application by the Trust to be registered under the Real Property Act 8
1900 as the proprietor of that estate or interest, evidence of its contents. 9
30 Persons exonerated from liability on receiving receipt for money paid to 10
Trust 11
A receipt for money paid to the Trust that: 12
(a) is executed under the seal of the Trust, or 13
(b) is in writing signed by not fewer than 2 trustees, or 14
(c) is in writing signed by a person or persons purporting to be duly 15
authorised for the purpose by the Trust, 16
exonerates the person by whom or on whose behalf the money is paid 17
from any liability for the loss, misapplication or non-application of the 18
money. 19
31 Inquiries relating to dealings with trust property unnecessary in certain 20
cases 21
Whenever the Trust acquires, disposes of or otherwise deals with 22
property, it is not necessary for: 23
(a) the other party or parties to the transaction, or 24
(b) the Registrar-General or any other person registering or 25
certifying title to the property, 26
to inquire whether the Trust has power to acquire, dispose of or 27
otherwise deal with the property and none of those persons is affected 28
by notice that the Trust has no such power. 29
32 Certain persons to be indemnified out of trust property 30
A trustee, and any other person, exercising in good faith a function in 31
relation to trust property in accordance with this Act or any by-law of 32
the Trust, and the executor or administrator of any such trustee or 33
person, are entitled to be indemnified out of trust property against all 34
expenses and liabilities that they have incurred in connection with the 35
exercise of the function. 36
Page 17
Clause 33 Macedonian Orthodox Church Property Trust Bill 2010
Part 4 Miscellaneous
33 How documents may be served on Trust 1
Any document may be served on the Trust by delivering it to, or sending 2
it by post to, the Diocesan Secretary or any person apparently authorised 3
by the Trust to accept service. 4
Page 18
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