Version No. 001
Churches of Christ, Scientist Incorporation Act 1958
Act No. 6439/1958
Version as at 13 October 1999
table of provisions
Section Page
ii
Section Page
1. Short title 3
2. First Church of Christ, Scientist to be incorporated 3
3. Property of First Church to be vested in corporation 5
4. Power to other Churches to incorporate 6
5. As to rights powers etc. of other Churches when incorporated 7
6. As to vesting of property in Corporation 8
7. Incorporation of Churches to be formed 8
8. Conditions referred to in last preceding section 9
9. As to vesting of property in Churches formed after the commencement of this Act 10
10. Meetings 10
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SCHEDULES 11
SCHEDULE 1—Tenets of the Mother Church, The First Church of Christ, Scientist 11
SCHEDULE 2 12
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ENDNOTES 13
1. General Information 13
2. Table of Amendments 14
3. Explanatory Details 15
ii
Version No. 001
Churches of Christ, Scientist Incorporation Act 1958
Act No. 6439/1958
Version as at 13 October 1999
An Act to incorporate First Church of Christ, Scientist, Melbourne and to provide for the Incorporation of other Churches of Christ, Scientist, in the State of Victoria and for other purposes.
1
Act No. 6439/1958
Churches of Christ, Scientist Incorporation Act 1958
Preamble
WHEREAS certain persons being members of the religious body or denomination accepting and holding the principles faith and doctrines known as Christian Science and in particular adhering to the tenets set forth in the First Schedule to this Act and acknowledging and adopting the principles of church organization, discipline, teaching, worship, service, procedure and practice laid down in the Church Manual of The First Church of Christ, Scientist, in Boston, Massachusetts, in the United States of America and known as The Mother Church, (hereinafter referred to as the said Manual) have formed themselves into a body or association called First Church of Christ, Scientist, Melbourne:
AND WHEREAS certain real and personal property is held by certain trustees upon trust for the said body or association:
AND WHEREAS other persons being members of the said body or denomination accepting, holding and adhering to the said principles faith and doctrines and the said tenets and acknowledging and adopting the principles of church organization, discipline, teaching, worship, service, procedure and practice laid down in the said Manual have formed themselves into separate bodies or associations known as Churches of Christ, Scientist:
AND WHEREAS certain real and personal property is held by certain trustees upon trust for each of the said bodies or associations respectively:
AND WHEREAS from time to time other associations or bodies may be formed in other places in Victoria by persons accepting, holding and adhering to the said principles faith and doctrines and the said tenets and acknowledging and adopting the principles of church organization, discipline, teaching, worship, service, procedure and practice laid down in the said Manual and may acquire real and personal property and have such real and personal property held by trustees in trust for each such body or association respectively:
Preamble
AND WHEREAS it is expedient that the said First Church of Christ, Scientist, Melbourne should be incorporated as a separate corporation and invested with the powers and authorities hereinafter set forth and that provision be made for the incorporation of each of the other existing bodies or associations and that the real and personal property of each of the said Churches of Christ, Scientist and such other existing bodies and associations now vested in such trustees for each of such bodies and associations respectively should be vested in each of the said separate bodies or associations and that the real and personal property of such other and further bodies when formed and incorporated should be vested in such other and further associations when incorporated:
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. Short title
s. 1
This Act may be cited as the Churches of Christ, Scientist Incorporation Act 1958.
2. First Church of Christ, Scientist to be incorporated
(1) All persons who are members of the said First Church of Christ, Scientist, Melbourne accepting and holding the principles faith and doctrines known as Christian Science and adhering to the tenets set forth in the First Schedule to this Act and acknowledging and adopting the principles of church organization, discipline, teaching, worship, service, procedure and practice laid down in the said Manual and who now or hereafter constitute the body or association called First Church of Christ, Scientist, Melbourne from henceforth shall be a body corporate by the name of First Church of Christ, Scientist, Melbourne and shall have perpetual succession and a common seal and under that name may sue and be sued prosecute and defend and take and suffer all other proceedings in all courts civil and criminal within the said State.
(2) The said body corporate (hereinafter referred to as "First Church") may by resolution as hereinafter provided make by-laws and rules to provide for the following—
(a) the admission, expulsion or re-admission to membership of the said Church;
(b) the conduct of the officers of the said Church and the election and duties of officers;
(c) the appointment rotation and duties of readers, librarians and Sunday School superintendents;
(d) the keeping of accounts and records;
(e) the appointment of auditors;
(f) the convening and conduct of meetings;
(g) the custody, care and maintenance of church property;
(h) the execution and authentication of documents;
(i) the authorization of expenditure;
(j) the recission or amendment of by-laws and rules;
(k) the remuneration of officers and employees.
s. 2
(3) Any such by-law or rule or any rescission or amendment thereof shall be made by a resolution carried at a meeting of the members of the said Church convened as hereinafter provided by the majority so provided.
(4) It shall be further lawful for the said First Church to take purchase receive hold and enjoy real and personal property of any description whatsoever and also to sell grant transfer convey exchange demise (whether by way of building lease or otherwise) give easements over or otherwise dispose of either absolutely or by way of mortgage charge lien or other encumbrance any of the property real or personal at any time belonging to the said First Church provided that if any such property is subject to any trust the provisions of such trust shall be carried out by the said First Church in accordance with the trust deed or other instrument creating such trust, and generally to exercise subject to the provisions of this Act all powers rights and privileges incident to a body corporate.
(5) The administration of the affairs and the exercise of the powers of the said body corporate shall be vested in the Executive Board duly appointed pursuant to the by-laws and rules of the said body for the time being subject to any by-law or resolution of the said body corporate or any resolution of the members of the said body corporate carried at a meeting of such members convened as hereinafter provided.
(6) The said Board shall have the custody and use of the common seal of the said First Church and a majority of the members of such Board present at any meeting duly convened shall have power to use or direct the use of such seal for all purposes for which the use of such seal is required.
(7) The seal shall only be affixed by virtue of a resolution of the said majority and in the presence of two members of the Board and of the Chairman or the Clerk for the time being of the said First Church and the said two members and the Chairman or Clerk shall sign their names to the document to which the seal has been affixed.
3. Property of First Church to be vested in corporation
s. 3
(1) The land described in the Second Schedule to this Act and all other real and personal property held in trust for the said First Church or for its Board or for any committee of the said First Church whether for any special purposes or generally for such First Church, Board or committee shall from and after the coming into operation of this Act vest in the said First Church without the necessity for any conveyance transfer or other assurance of such property.
(2) Where any property vested in the said First Church under this section consists of property registered under the Transfer of Land Act 1958 the Registrar of Titles on application made to him in that behalf and proof to his satisfaction of the facts relating thereto and on payment of the necessary fees shall give effect to such vesting by registering the said First Church as proprietor.
4. Power to other Churches to incorporate
s. 4
If and when the members for the time being of any of the following bodies or associations accepting and holding the said principles, faith and doctrines and adhering to the said tenets and acknowledging and adopting the principles of church organization, discipline, teaching, worship, service, procedure and practice laid down in the said Manual called—
Second Church of Christ, Scientist, Melbourne;
Third Church of Christ, Scientist, Melbourne;
Fourth Church of Christ, Scientist, Melbourne;
Fifth Church of Christ, Scientist, Melbourne; and
First Church of Christ, Scientist, Geelong—
respectively by resolution carried at a meeting of such body or association convened as hereinafter provided by not less than three-fourths of the members present at such meeting resolve that it is expedient that such body or association should be incorporated under the provisions of this Act then upon the filing in the office of the Registrar-General of Victoria of—
(a) a copy of such resolution certified under the hand of the Chairman of such meeting and the Clerk of such body or association;
(b) a copy of the rules of the said body or association certified as such by the said Clerk;
(c) a statement certified by the said Clerk and the Treasurer of such body or association setting forth the real and personal property belonging to or held in trust for such body or association or any committee thereof and giving the names of the trustee or trustees holding any such property and stating the objects and purposes of each trust or trusts—
the said body or association shall become a body corporate by the name of Second Church of Christ, Scientist, Melbourne; Third Church of Christ, Scientist, Melbourne; Fourth Church of Christ, Scientist, Melbourne; Fifth Church of Christ, Scientist, Melbourne; First Church of Christ, Scientist, Geelong as the case may be, and shall have perpetual succession and a common seal and under that name may sue and be sued prosecute and defend and take and suffer all other proceedings in all Courts civil and criminal within the said State.
5. As to rights powers etc. of other Churches when incorporated
s. 5
Each such body corporate shall have mutatis mutandis the same rights powers privileges and duties to those hereinbefore provided in this Act in respect of the said First Church including—
(a) the making rescission or amendment of its by-laws or rules;
(b) the acquisition purchase receiving holding and enjoyment of real and personal property of any description;
(c) the sale grant transfer conveyance exchange demise (whether by building lease or otherwise) the giving of easements over or otherwise disposing of either absolutely or by way of mortgage charge lease or other encumbrance any property real or personal belonging to it;
(d) the carrying out of the provisions of any trusts;
(e) the custody and use of its common seal by its Board;
(f) the exercise of powers rights and privileges incident to a body corporate.
6. As to vesting of property in Corporation
s. 6
(1) On and from the filing as aforesaid of the documents referred to in section four hereof, all the real and personal property belonging to or held in trust for the body on whose behalf the documents were filed shall vest in the said body corporate without the necessity for any conveyance transfer or other assurance.
(2) Where any property vested in any such church under this section consists of land registered under the Transfer of Land Act 1958 the Registrar of Titles on application made to him in that behalf and proof to his satisfaction of the facts relating thereto and on payment of the necessary fees shall give effect to such vesting by registering any such Church as proprietor.
7. Incorporation of Churches to be formed
After the coming into operation of this Act if and when any number of persons not less than sixteen and including at least four members of The Mother Church, The First Church of Christ, Scientist in Boston, Massachusetts, United States America accepting and holding the said principles faith and doctrines and adhering to the said tenets and acknowledging and adopting the principles of church organization, discipline, teaching, worship, service, procedure and practice laid down in the said Manual shall form themselves into a body or association to be known as a Church of Christ, Scientist such body or association may subject to the conditions stated in the next following section become a corporate body with the same powers authorities and privileges and subject to the same duties and liabilities mutatis mutandis as those provided in this Act in respect of the said First Church.
8. Conditions referred to in last preceding section
s. 8
The conditions referred to in the last preceding section shall be as follows—
(a) the body or association shall have been in existence for at least six months prior to the date of the resolution hereinafter mentioned;
(b) the bona fides of such body or association shall be certified in writing under the seal of The Mother Church, The First Church of Christ, Scientist in Boston, Massachusetts, United States America;
(c) a resolution that it is expedient that such body or association should be incorporated shall be carried by a vote of three-fourths of the members of such body or association present at a special meeting convened as hereinafter provided;