The Uniting Church in Australia Amendment Act 2008

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 -- 1 of 7 -- 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 -- 2 of 7 -- 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 (1) In section 5(1) of The Uniting Church in Australia Act 1977 insert the following definition— See: Act No. 9021 and amending Act Nos 9059, 10225 and 18/1989. LawToday: www. legislation. vic.gov.au "designated officer means an officer, other than the Secretary, Moderator or Property Officer, appointed by the Synod in accordance with the Constitution of the Uniting Church in Australia;". (2) In section 5(1) of The Uniting Church in Australia Act 1977 for the definition of Synod substitute— 2 -- 3 of 7 -- 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 -- 4 of 7 -- 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 (1) In section 2 of the Epworth Foundation Act 1980, for the definition of Synod substitute— See: Act No. 9404 and amending Act Nos 9549, 10087, 42/1995, 97/1997 and 74/2000. LawToday: www. legislation. vic.gov.au " Synod has the same meaning as it has in The Uniting Church in Australia Act 1977;". 4 -- 5 of 7 -- 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 of Divinity Act 1910 substitute— See: Act No. 2275 and amending Act Nos 5956, 8335, 9325, 23/1990 and 54/2005. LawToday: www. legislation. vic.gov.au "(v) the Synod within the meaning of The Uniting Church in Australia Act 1977;". 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 -- 6 of 7 -- 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." 6 -- 7 of 7 --