Coptic Orthodox Church (Victoria) Property Trust Act 2006

i Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 2 1. Purpose 2 2. Commencement 2 3. Definitions 2 4. Appointed day 3 PART 2—COPTIC ORTHODOX CHURCH (VICTORIA) PROPERTY TRUST 5 Division 1—General 5 5. Establishment 5 6. Functions and powers 6 7. Membership 6 8. Vacation of office 6 9. Alternative members 7 10. Meetings 7 Division 2—Further Powers of the Trust 8 11. Further general powers 8 12. Pooling of trust funds 8 PART 3—THE TRUST AS TRUSTEE FOR THE CHURCH AND SUCCESSOR OF THE CHURCH ASSOCIATIONS 9 13. Transfer from the Bishop 9 14. Transfer from the Church associations and cancellation of their incorporation 9 15. Effect of gifts etc. 10 16. Application of trust funds 11 17. Exemption from duty and other taxes 11 18. Amendment of Register 12 __________________ -- 1 of 18 -- Section Page ii SCHEDULES 13 SCHEDULE 1—Church Associations 13 SCHEDULE 2—Property and Liabilities of Bishop to Vest in Trust 14 ═══════════════ ENDNOTES 16 -- 2 of 18 -- 1 Coptic Orthodox Church (Victoria) Property Trust Act 2006 † [Assented to 29 August 2006] Preamble (1) The Coptic Orthodox Church's Diocese of Melbourne and Affiliated Regions encompasses Victoria, South Australia, Western Australia, Tasmania, the Australian Capital Territory, New Zealand and certain Pacific island nations. (2) The property of the Church within the Diocese is currently held by the Bishop of the Church and by certain incorporated associations. Victoria No. 58 of 2006 -- 3 of 18 -- Act No. 58/2006 Coptic Orthodox Church (Victoria) Property Trust Act 2006 2 (3) It is expedient that a body corporate be established to hold trust property on behalf of the Church within the Diocese, that trust property be transferred to that body corporate, and that the incorporation of the associations that formerly held the trust property be cancelled. The Parliament of Victoria therefore enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to establish a corporate trustee for the Coptic Orthodox Church within the Diocese of Melbourne and Affiliated Regions to hold property for the benefit of the Coptic Orthodox Church in that Diocese, to provide for the vesting of certain property in the corporate trustee and to cancel the incorporation of certain associations. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Definitions In this Act— "appointed day" means the beginning of the day appointed under section 4; "appointed member" of the Trust means a member of the Trust appointed under section 7(3). s. 1 -- 4 of 18 -- Part 1—Preliminary Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 3 "Bishop" means the Bishop of the Church or, if the Bishop of the Church is absent from Victoria or otherwise unable to perform the functions of office, or there is a vacancy in the See, the person for the time being entitled to perform the functions of Bishop according to the rules and customs of the Church; "Church" means the Coptic Orthodox Church, Diocese of Melbourne and Affiliated Regions, an indivisible part of the Coptic Orthodox Church of Alexandria and the See of St Mark, a hierarchical Christian body whose leader, overseer and shepherd is the Pope of Alexandria and Patriarch of the See of St Mark; "Church association" means a body specified in Schedule 1, being an association incorporated under the Associations Incorporation Act 1981; "function" includes power, duty and authority; "perform" a function includes exercise a power; "Trust" means the Coptic Orthodox Church (Victoria) Property Trust established by this Act; "trust property" means property acquired by or vested in the Trust. 4. Appointed day (1) The Bishop must cause a notice to be published in the Government Gazette appointing a day as the day on which the Trust is established, and, in accordance with this Act, property is transferred to the Trust and the incorporation of the Church associations is cancelled. s. 4 -- 5 of 18 -- Part 1—Preliminary Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 4 (2) The notice must include— (a) the names of the first appointed members of the Trust; and (b) the name and registration number of each Church association. __________________ s. 4 -- 6 of 18 -- Part 2—Coptic Orthodox Church (Victoria) Property Trust Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 5 PART 2—COPTIC ORTHODOX CHURCH (VICTORIA) PROPERTY TRUST Division 1—General 5. Establishment (1) On the appointed day, the Coptic Orthodox Church (Victoria) Property Trust is established. (2) The Trust— (a) is a body corporate with perpetual succession; (b) must have an official seal; (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The official seal of the Trust must be kept as directed by the Trust and may only be used as authorised by the Trust. (4) All courts must take judicial notice of the official seal on a document and, until the contrary is proved, must presume that the document was properly sealed. (5) Every instrument to which the official seal of the Trust is affixed must be signed by not less than 2 members of the Trust. s. 5 -- 7 of 18 -- Part 2—Coptic Orthodox Church (Victoria) Property Trust Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 6 6. Functions and powers (1) The functions of the Trust are— (a) to acquire, hold, deal with and dispose of real and personal property as trustee for, or for the purposes of, the Church; (b) to act as trustee under express trusts for the purposes of the Church created by gift or will; (c) any other functions conferred on the Trust by this Act. (2) The Trust has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions. 7. Membership (1) The Trust consists of not less than 3 members. (2) One member must be the Bishop. (3) The other members must be people appointed by the Bishop. (4) A member appointed by the Bishop holds office for the period specified by the Bishop when the appointment is made. 8. Vacation of office The office of an appointed member of the Trust becomes vacant if the member— (a) dies; or (b) resigns his or her office by notice in writing to the Trust; or (c) becomes insolvent; or (d) becomes a represented person within the meaning of the Guardianship and Administration Act 1986. s. 6 -- 8 of 18 -- Part 2—Coptic Orthodox Church (Victoria) Property Trust Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 7 9. Alternative members (1) The Bishop may appoint an alternative member to act in the place of an appointed member who is absent or who, for any other reason, is unable to perform the duties of office. (2) An alternative member may be appointed for a term or to hold office for the period of absence or inability of the member for whom he or she is to act. (3) An alternative member has all the powers, and must perform all the duties, of the member for whom the alternative member is acting. 10. Meetings (1) The following person is to preside at a meeting of the Trust— (a) the Bishop; or (b) a member appointed by the members present if the Bishop is absent. (2) The quorum of the Trust is a majority for the time being of the members of the Trust. (3) A question arising at a meeting is determined by a majority of votes and the person presiding has a deliberative vote and, in the case of an equality of votes, a second or casting vote. (4) The Trust must ensure that accurate minutes are kept of its meetings. (5) The Trust may permit members to participate in a particular meeting, or all meetings, by telephone, video conference or any other means of communication that does not require the physical presence of each member in the same place. (6) Subject to this section, the Trust may regulate its own procedure. s. 9 -- 9 of 18 -- Part 2—Coptic Orthodox Church (Victoria) Property Trust Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 8 Division 2—Further Powers of the Trust 11. Further general powers Without limiting the generality of section 5(2), the Trust may— (a) acquire or hold property in its own right, as joint tenant or as tenant in common; (b) enter into a scheme of co-operation with another denomination; (c) mortgage, charge or otherwise encumber trust property; (d) invest or lend any trust funds held by it in accordance with the terms of any trust to which the funds are subject; (e) accept appointment, and act, as an administrator, executor or trustee; (f) give guarantees and indemnities. 12. Pooling of trust funds (1) The Trust may invest trust funds held by it for different purposes, or any part of those funds, as one or more common funds. (2) Any income arising from the investment of a common fund may be distributed rateably for the benefit of carrying out the several purposes for which the money invested is held on trust. (3) Any loss arising from the investment of a common fund is to be distributed rateably to the detriment of carrying out the several purposes for which the money invested is held on trust. __________________ s. 11 -- 10 of 18 -- Part 3—The Trust as Trustee for the Church and Successor of the Church Associations Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 9 PART 3—THE TRUST AS TRUSTEE FOR THE CHURCH AND SUCCESSOR OF THE CHURCH ASSOCIATIONS 13. Transfer from the Bishop (1) On the appointed day— (a) all property and rights vested in or held by the Bishop on trust for the Church or the purposes of the Church vest in the Trust; (b) all liabilities of the Bishop as trustee for the Church or the purposes of the Church become liabilities of the Trust. (2) Without limiting sub-section (1), on the appointed day— (a) the land described in the folios of the Register that are set out in Part 1 of Schedule 2 vests in the Trust; and (b) any liability of the Bishop under a mortgage of land described in a folio of the Register set out in Part 2 of Schedule 2 becomes a liability of the Trust. 14. Transfer from the Church associations and cancellation of their incorporation (1) On the appointed day— (a) all property and rights of the Church associations or of any of them vest in the Trust; (b) all liabilities of the Church associations or of any of them become liabilities of the Trust; (c) without limiting paragraph (a) or (b), the Trust is substituted as a party to any arrangement or contract entered into by or on behalf of the Church associations or of any of them as a party; s. 13 -- 11 of 18 -- Part 3—The Trust as Trustee for the Church and Successor of the Church Associations Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 10 (d) the Trust is the successor in law of each Church association; (e) the incorporation of each of the Church associations is cancelled. (2) Any reference to a Church association in any document must be construed as a reference to the Trust, so far as it relates to any period on or after the appointed day and if not inconsistent with the context or subject-matter. 15. Effect of gifts etc. (1) A gift, disposition or trust of property that, before the appointed day, has been or is taken to have been made or declared (whether by deed, will or otherwise) to, in favour of, or for a purpose of, the Bishop (on behalf of the Church), the Church or a Church association— (a) does not fail only because of the provisions of this Act; and (b) if it is capable of taking effect to any extent on or after the appointed day, takes effect to that extent as if it were made or declared— (i) to or in favour of the Trust; and (ii) for a purpose of the Trust corresponding with, or similar to, the purpose for which it was, or was taken to be, made or declared. (2) A gift, disposition or trust of property that, on or after the appointed day, is or is taken to be made or declared (whether by deed, will or otherwise) to, in favour of, or for a purpose of, the Bishop (on behalf of the Church), the Church or a Church association takes effect when it is, or is taken to be, made or declared— (a) to or in favour of the Trust; and s. 15 -- 12 of 18 -- Part 3—The Trust as Trustee for the Church and Successor of the Church Associations Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 11 (b) for a purpose of the Trust corresponding with, or similar to, the purpose for which it was, or was taken to be, made or declared. 16. Application of trust funds (1) A trust fund that, before the appointed day, has been created (whether by deed, will or otherwise) in favour of, or for a purpose of, the Bishop (on behalf of the Church), the Church or a Church association— (a) does not fail only because of the provisions of this Act; and (b) if it is capable of being applied to any extent on or after the appointed day, may be applied to that extent as if it were created— (i) in favour of the Trust; and (ii) for a purpose of the Trust corresponding with, or similar to, the purpose for which it was created. (2) A trust fund that, on or after the appointed day, is created (whether by deed, will or otherwise) in favour of, or for a purpose of, the Bishop (on behalf of the Church), the Church or a Church association may be applied as if it were created— (a) in favour of the Trust; and (b) for a purpose of the Trust corresponding with, or similar to, the purpose for which it was created. 17. Exemption from duty and other taxes No duty or other tax is chargeable under any other Act in respect of the operation of this Part or anything done under this Part or in respect of any act or transaction connected with or necessary to be done by reason of this Part. s. 16 -- 13 of 18 -- Part 3—The Trust as Trustee for the Church and Successor of the Church Associations Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 12 18. Amendment of Register The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Part. __________________ s. 18 -- 14 of 18 -- Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 13 SCHEDULES SCHEDULE 1 CHURCH ASSOCIATIONS Name of association Registration number Coptic Orthodox Church Diocese of Melbourne Inc. A0040124U Coptic Orthodox Patriarchate Anba Bishoy and Anba Shenouda Church Inc. A0024366D Coptic Orthodox Patriarchate Archangel Mikhail & St Anthony Church Inc. A0026737H Coptic Orthodox Patriarchate St. George Church Inc. A0015982E Coptic Orthodox Patriarchate St. Mina and St. Marina's Church Inc. A0026767T Coptic Orthodox Patriarchate (Parish of Victoria) "St Mary's Church" Inc. A0017126R Coptic Orthodox Church St Mark's Inc. A0015603P __________________ Sch. 1 -- 15 of 18 -- Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 14 SCHEDULE 2 PROPERTY AND LIABILITIES OF BISHOP TO VEST IN TRUST PART 1—LAND TO BE VESTED Volume 2302 Folio 371 Volume 2888 Folio 426 Volume 3277 Folio 261 Volume 3536 Folio 161 Volume 3536 Folio 172 Volume 3733 Folio 600 Volume 4686 Folio 121 Volume 4725 Folio 992 Volume 7565 Folio 032 Volume 8102 Folio 393 Volume 8212 Folio 329 Volume 8435 Folio 638 Volume 8435 Folio 656 Volume 8435 Folio 657 Volume 8737 Folio 615 Volume 8737 Folio 616 Volume 8776 Folio 541 Volume 8988 Folio 307 Volume 9058 Folio 418 Volume 9292 Folio 538 Volume 9801 Folio 903 Volume 05566 Folio 119 Volume 08150 Folio 180 Volume 08196 Folio 285 Volume 08232 Folio 104 Volume 08877 Folio 772 Volume 08877 Folio 773 Volume 08877 Folio 774 Volume 08877 Folio 775 Volume 10044 Folio 534 Volume 10129 Folio 527 Volume 10129 Folio 528 Volume 10129 Folio 529 Volume 10129 Folio 530 Volume 10156 Folio 863 Volume 10352 Folio 150 Volume 10352 Folio 155 Volume 10352 Folio 156 Volume 10689 Folio 638 Sch. 2 -- 16 of 18 -- Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 15 PART 2—LAND SUBJECT TO MORTGAGE Volume 2302 Folio 371 Volume 3277 Folio 261 Volume 3536 Folio 161 Volume 3536 Folio 172 Volume 4686 Folio 121 Volume 4725 Folio 992 Volume 7565 Folio 032 Volume 8102 Folio 393 Volume 8435 Folio 638 Volume 8435 Folio 656 Volume 8435 Folio 657 Volume 8737 Folio 615 Volume 8737 Folio 616 Volume 8776 Folio 541 Volume 8988 Folio 307 Volume 9058 Folio 418 Volume 9801 Folio 903 Volume 08877 Folio 772 Volume 10044 Folio 534 Volume 10129 Folio 528 Volume 10129 Folio 529 Volume 10156 Folio 863 Volume 10689 Folio 638 ═══════════════ Sch. 2 -- 17 of 18 -- Coptic Orthodox Church (Victoria) Property Trust Act 2006 Act No. 58/2006 16 ENDNOTES † Minister's second reading speech— Legislative Assembly: 19 July 2006 Legislative Council: 22 August 2006 The long title for the Bill for this Act was "to establish a corporate trustee for the Coptic Orthodox Church within the Diocese of Melbourne and Affiliated Regions to hold property for the benefit of the Coptic Orthodox Church in that Diocese, to provide for the vesting of certain property in the trustee, to cancel the incorporation of certain associations and for other purposes." Endnotes -- 18 of 18 --