19 7 1 457 VICTORIA. ANNO VICESIMO ELIZABETHS SECUNDS REGINS No. 8178. An Act to incorporate the Lutheran Church of Australia Victorian District and for other purposes. [23rd November, 1971.] HEREAS the Association known as the United Evangelical PreamWe. W Lutheran Church in Australia Victoria District was incorporated under the provisions of the United Lutheran Church Incorporation Act 1961 : NO. 6787. Whereas the Association known as the Evangelical Lutheran Church of Australia (Victorian District) was incorporated under the provisions of The Evangelical Lutheran Church of Australia {Victorian District) Incorporation Act 1964 : NO. 7121. And whereas the said Associations have agreed to unite and form themselves into an Association to be called the Lutheran Church of Australia Victorian District : Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):— 1. This Act may be cited as the Lutheran Church of Australia short title. Victorian District Incorporation Act 1971. 2. In 458 1971. Lutheran Church of Australia Victorian District No. 8178 Incorporation. Interpretation. 2. lu thiS Act unless inconsistent with the context or subject-matter :— " Church.' " Church " or " District" means the Lutheran Church of Australia Victorian District incorporated by this Act. •• United " United Evangelical Lutheran Church in Australia Victoria Evangelical Lutheran District" means the Association incorporated under the Church in Australia provisions of the United Lutheran Church Incorporation Victoria District." Act 1961. "The " The Evangelical Lutheran Church of Australia (Victorian Evangelical Lutheran District)" means the Association incorporated under Church of Australia the provisions of The Evangelical Lutheran Church of (Victorian District)." Australia (Victorian District) Incorporation Act 1964. " Congrega­ " Congregation " means any congregation which is now or tion." was or may hereafter become a constituent of either the United Evangelical Lutheran Church in Austraha Victoria District or The Evangelical Lutheran Church of Australia (Victorian District) or the Lutheran Church of Australia Victorian District. 'The Synod.' " The Synod" has the meaning ascribed thereto in the Constitution set forth in the First Schedule to this Act. " Church " church Council " has the meaning ascribed thereto in the Council." Constitution set forth in the First Schedule to this Act. * President.' " President" means the President for the time being of the Lutheran Church of Australia Victorian District appointed by the Synod of the Church. ' Constitution," " Constitution" means the Constitution set forth in the First Schedule to this Act. ' Property.* " Property" means all property real or personal whether within or without tiie State of Victoria. •Schedule." " Schedule " means the Schedule to this Act. Repeal. 3. The Acts mentioned in the Second Schedule to this Act to Second Schedule. the extent to which the same are in and by the said Schedule expressed to be repealed are hereby repealed. Incorporation. 4. There shall be a body corporate by the name " Lutheran Church of Australia Victorian District " consisting of all members at the passing of this Act of the body corporate known as the United Evangelical Lutheran Church in Australia Victoria District which was incorporated as recited in the preamble of this Act and aU 1971. Lutheran Church of Australia Victorian District No. 8178 459 Incorporation. all members at the passing of this Act of the body corporate known as The Evangelical Lutheran Church of Australia (Victorian District) which was incorporated as recited in the preamble of this Act and all persons in the State of Victoria and elsewhere who from time to time in accordance with the Constitution for the time being of the Church accept as their general tenets the doctrines set forth in Clause II. of the First Schedule and the said body corporate shall First schedule. have perpetual succession and a common seal and under the name Clause II. Lutheran Church of Australia Victorian District may sue and be sued prosecute and defend and take and suffer all other proceedings in all courts. 5. (1) The Church may— p<"«"- (a) make by-laws and rules (not inconsistent with this Act or the said Constitution) for or with respect to all or any of the matters following :— (i) The admission expulsion or re-admission of congregations to membership of the Church. (ii) Conduct of the officers of the said Church and the election and duties of officers. (iii) The appointment rotation- and duties of all minor officials of the said Church, (iv) The keeping of accounts and records. (v) The appointment of auditors. (vi) The convening and conduct of conventions, conferences and meetings. (vii) The custody care and maintenance of Church property. (viii) The execution and authentication of documents. (ix) The authorization of expenditure. (x) The rescission or amendment of by-laws and rules. (xi) The remuneration of officers and employes. (xii) Such other matters that may from time to time be necessary or expedient; (b) make such alterations in and additions to the Constitution of the Church (a copy of which is set out in the First First Schedule. Schedule hereto) as may be found from time to time necessary or expedient; (c) take purchase receive hold and enjoy property upon the trusts and with the powers set out in the Fifth F^fh schedule. Schedule and also to sell grant transfer convey exchange demise 460 1971. Lutheran Church of Australia Victorian District No. 8178 Incorporation. demise (whether by way of lease or otherwise) create easements over or otherwise dispose of either absolutely or by way of mortgage charge lien or other encumbrance any of the property at any time belonging to the Church provided that if any such property is subject to any trust the provisions of such trust shall be carried out by the Church in accordance with the trust deed or other instruments creating the trust ; and generally to exercise subject to the provisions of this Act all powers rights and privileges incident to a body corporate. (2) The Church Council for the time being of the Church shall have the custody and the use of the common seal of the Church and a majority of the members of such Council or a majority of the members of a convention of the Synod shall have power to use or direct the use of such seal for all purposes for which the use of such seal is required. (3) The seal shall not be affixed otherwise than pursuant to a resolution of the said majority of either the Church Council or a convention of tha Synod ; and any two of the President, Vice-President, Secretary, Treasurer for the time being of the Church or any other official appointed for the purpose by a duly constituted convention of the Church shall sign their names to the documents to which the seal has been affixed. Vesting of 6. All the estate and interest of the bodies corporate and the property. several persons named in the Third Schedule of this Act in the Third Schedule. property therein set forth and all property held at the date of the coming into operation of this Act by any person or persons in trust for the Church or for the United Evangelical Lutheran Church in Australia Victoria District or for The Evangelical Lutheran Church of Australia (Victorian District) referred to in the preamble to this Act shall from and after the coming into operation of this Act vest in the Church without the necessity for any conveyance transfer or other assurance of such property. Trust 7. (1) Where at any time after the coming into operation of property. this Act any person or persons holds or held any property in trust for or on behalf of the congregation such person or persons may, with the consent of, or shall, at the direction of, the majority of the members of such congregation present in person or by proxy at a meeting duly convened for the purpose and with the approval of the Church convey assign or transfer such property to the Church subject 1971. Lutheran Church of Australia Victorian District No. 8178 461 Incorporation. subject to the trusts upon which the same is held and the conveyance assignment or transfer when completed and accepted by the Church shall from and after the date thereof operate as a discharge of all the trustees from the duties of the trust. (2) A minute of resolution contained in the minutes of the meeting and signed by the Chairman thereof shall be conclusive proof for all purposes that such meeting was duly convened and that such resolution was duly passed thereat by the requisite majority. (3) If any person or persons in whom the property is for the time being vested refuses or refuse or for a period of one calendar month after being directed by a majority of the voting members of the congregation present and voting at a duly constituted meeting of the congregation as hereinbefore provided fails or fail to execute and deliver such conveyance assignment or transfer to the Church or if there is or are no such person or persons or if such person or persons is or are dead or absent from Victoria or are unable to be found then and in any such events the President may execute such conveyance assignment or transfer in lieu of such person or persons. (4) The execution by the President of an instrument of conveyance assignment or transfer pursuant to the powers conferred by sub-section (3) shall be as valid and effectual for all purposes as if the same had been executed by the person or persons refusing or failing to execute and deliver such conveyance or transfer or being dead or absent from Victoria or unable to be found as aforesaid ; and the mere fact of execution by the President shall be conclusive proof for all purposes that all matters and conditions preliminary to such execution by him as required by this section have duly occurred or have been duly complied with.