Version No. 001
Young Women's Christian Association of Australia Incorporation Act 1962
Act No. 6953/1962
Version as at 26 February 2003
table of provisions
SectionPage
1
SectionPage
1.Short title
2.Definitions
3.Incorporation of National Board
4.Transfer etc. of property to the Corporation
5.Dealing with property by the Corporation
6.Application of property and income
7.Application of property upon dissolution
8.Dissolution of Corporation
9.Custody and use of the seal
10.Notice to and service on the Corporation
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SCHEDULE—Constitution of the Young women's Christian Association of Australia
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Young Women's Christian Association of Australia Incorporation Act 1962
Act No. 6953/1962
Version as at 26 February 2003
An Act to incorporate the National Board of the Young Women's Christian Association of Australia, to provide for the Vesting in that Body of certain Property, and for other purposes.
1
Act No. 6953/1962
Young Women's Christian Association of Australia Incorporation Act 1962
Preamble
WHEREAS certain voluntary associations known as Young Women's Christian Associations existing in Victoria and elsewhere in Australia have in Melbourne in Victoria formed themselves into an association called the "Young Women's Christian Association of Australia" (hereinafter called the "Association") and have adopted as the constitution of the Association the constitution set out in the Schedule to this Act:
AND WHEREAS the objects of the Association are those set out in clause two of the said constitution:
AND WHEREAS the general management of the affairs of the Association is under and subject to the said constitution vested in the National Board thereof and the executive committee of the National Board:
AND WHEREAS it is expedient that the said National Board should be incorporated under the name of "Young Women's Christian Association National Board" and to provide for the vesting in the corporation of certain property of the Association and its member associations or groups and to make other provision as hereinafter enacted:
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 Young Women's Christian Association of Australia Incorporation Act 1962.
2.Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
"Association" means the hereinbefore recited Young Women's Christian Association of Australia;
"affiliated association" means an association or group which is a member of the Young Women's Christian Association of Australia;
"constitution" means the constitution of the Association set out in the Schedule to this Act as amended from time to time in accordance with the provisions therein contained with respect to the amendment thereof;
"Corporation" means the body incorporated by this Act;
"executive committee" means the executive committee, for the time being under the constitution, of the National Board;
"National Board" means the National Board for the time being constituted under the constitution.
(2) The constitution (so far as it relates to the constitution of the National Board) shall subject to this Act be the constitution of the Corporation.
3.Incorporation of National Board
s. 3
Without further or other authority than this Act the members at the commencement of this Act of the National Board shall upon the commencement of this Act become and the members for the time being of the National Board shall thereafter be and continue to be a body corporate under the name of the "Young Women's Christian Association National Board" with perpetual succession and a common seal (with power to break alter and change the seal from time to time) and shall by that name be capable in law of suing and being sued and subject to this Act of purchasing taking holding selling mortgaging leasing taking on lease exchanging and disposing of all real and personal property whether situated in Victoria or outside Victoria and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.
4.Transfer etc. of property to the Corporation
(1)Any person—
(a)who at the commencement of this Act holds; or
(b)who hereafter acquires—
any real or personal property upon trust for or on behalf of or for the benefit of the Corporation the Association or any affiliated association shall (if and when required by notice in writing from the Corporation so to do) transfer convey and assign unto the Corporation at the cost of the Corporation such real or personal property as aforesaid but subject to any conditions or trusts upon which such property is held or acquired.
(2) Any notice requiring the transfer conveyance or assignment of any such real or personal property—
(a)shall be signed by the secretary or other authorized officer of the Corporation;
(b)shall be deemed to have been properly served upon and received by the person organization or controlling authority to whom or which it is addressed at the expiration of three days after it has been forwarded by registered post addressed to that person organization or controlling authority or to any person who is a member thereof or in the case of joint holders then to one of those joint holders at his or its usual or last known place of residence or postal address.
(3)Upon service of any such notice the person organization or controlling authority holding as aforesaid the real or personal property in respect of which the notice has been given shall immediately take all necessary action to vest the property in the Corporation but subject to any conditions and trusts upon which it is held.
s. 4
(4)Any person organization or controlling authority served with any such notice may apply by summons to a judge of the Supreme Court for an order that any such transfer conveyance or assignment of any such real or personal property shall not be made or if made shall be subject to such terms and conditions as the judge may determine are just and e quitable having regard to all the circumstances of the case.
(5)If any person organization or controlling authority on whom or which any such notice is served or deemed to be served refuses or neglects to execute a transfer conveyance or assignment to the Corporation of any real or personal property in respect of which the notice has been given or cannot be found—
(a)the Corporation may apply to a judge of the Supreme Court for an order directing the Master of the Supreme Court to execute for and on behalf of that person organization or controlling authority a transfer conveyance or assignment of the property to the Corporation; and
(b)upon proof to the satisfaction of the judge—
(i)that the property is held by that person organization or controlling authority upon trust for or on behalf of or for the benefit of the Corporation the Association or any affiliated association; and
(ii)that notice as aforesaid requiring that person organization or controlling authority to transfer convey or assign the property has been given in manner herein provided; and
s. 4
(iii)that that person organization or controlling authority refuses or has neglected to execute the transfer conveyance or assignment as aforesaid or cannot be found—
the judge may make the order and the Master shall thereupon do and perform all such acts and things as may be necessary to transfer convey or assign the property to the Corporation but subject to any charge mortgage lease easement or other encumbrance then affecting the property and to the trusts on which it was held by the person organization or controlling authority, and any such act or thing so performed by the Master shall be of the like force and effect as if done or performed by that person organization or controlling authority.
(6)Any person who has at any time acquired real or personal property by using the name of the Corporation the Association or any affiliated association and who is in possession of or otherwise holds such real or personal property shall be deemed to be a person holding such real or personal property upon trust for or on behalf of or for the benefit of the Corporation the Association or affiliated association (as the case may be).
(7)Any rights or liabilities in respect of any real or personal property which hereafter becomes vested in the Corporation pursuant to this section may thereupon be enforced by or against the Corporation.
5.Dealing with property by the Corporation
s. 5
The Corporation shall deal with or dispose of the real or personal property vested in the Corporation in such manner, subject to the provisions of section six of this Act and to any special trust affecting the property, as the executive committee thinks fit, but subject in the case of a lease mortgage or sale of real property to the following conditions—
(a)any proposed lease mortgage or sale of real property shall be submitted in the first instance to an ordinary meeting of the executive committee and shall be specially mentioned in the notice convening the meeting;
(b)at the next ordinary meeting of the executive committee of which seven days' notice has been given the proposed lease mortgage or sale, if approved by the previous meeting, shall be submitted to the meeting, and if approved by not less than two-thirds of those present when the motion is put may be carried into effect by the executive committee;
(c) a copy of the resolution of the executive committee directing the lease mortgage or sale if sealed with the common seal of the Corporation shall be conclusive evidence in favour of any person claiming by through or under the lease mortgage or sale that the resolution has been duly passed in compliance with the provisions of this Act and of the constitution;
(d)no lessee purchaser or mortgagee shall be bound to see to the application of any moneys paid by him.
6.Application of property and income
s. 6
The property and income vested in or received by the Corporation, whencesoever derived, shall be applied solely towards the promotion of the objects of the Association set out in clause two of the constitution and no portion thereof shall be paid or transferred directly or indirectly by way of dividend bonus or otherwise howsoever by way of profit to persons who are or have been members of any affiliated association.
7.Application of property upon dissolution
If at any time the Corporation is dissolved and upon its dissolution there remains after satisfaction of all its debts and liabilities any property whatsoever that property shall not be paid to or distributed amongst the members of the Corporation or any affiliated association or the members thereof but shall be given or transferred with the sanction of the Governor in Council to some company association or institution (including any affiliated association or any association or group which was previously an affiliated association) to be determined by the members of the Association at or before the time of dissolution—
(a)which has objects similar to the objects of the Association; and
(b)which prohibits distribution of its income and property among its members to the extent provided in section six of this Act.
8.Dissolution of Corporation
s. 8
The Corporation shall be dissolved if the Association is wound up or ceases to exist.
9.Custody and use of the seal
(1)The common seal of the Corporation shall be in the custody of the secretary and shall not be affixed to any document except pursuant to a resolution of the executive committee.
(2)The affixing of the common seal to any document shall not be complete without the signatures of three members of the executive committee and the secretary of the Corporation:
Provided that it shall not be necessary to require the common seal to be affixed as evidence of the appointment by the Corporation of a barrister or solicitor in or for the prosecution or defence of any action suit or other proceeding.
10.Notice to and service on the Corporation
s. 10
Notice to or service upon the secretary or acting secretary of the Corporation shall be deemed to be a notice to or service upon the Corporation.
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Preamble,
section 2.
SCHEDULE
Sch.
Constitution of the Young women's Christian Association of Australia
PRELIMINARY
1.Interpretation
In these rules—
Words or expressions shall be interpreted in accordance with the provisions of the Acts Interpretation Act 1958—
"Association" where it appears without description or qualification shall mean the Young Women's Christian Association of Australia;
"Convention" shall mean the National Convention for the time being of the Young Women's Christian Association of Australia;
"National Board" shall mean the National Board for the time being of the Young Women's Christian Association of Australia;
"Executive Committee" shall mean the Executive Committee for the time being of National Board;
"term" shall mean the period between Conventions;
"Headquarters City" shall mean the City from which the work of the Association is for the time being administered as determined from time to time by Convention.
2.Objects
(1)The Association acknowledges that in the sight of God all persons are of equal value without distinction of race, colour, class or creed and seeks to serve the Kingdom of God and bases all activities on Faith in God the Father Almighty and Jesus Christ His only Son our Lord and Saviour and in the Holy Spirit.
(2)The objects of the Association are as follows:
(a)To unite women and girls in loyalty to Jesus Christ and to encourage membership in His Church.
(b)To strengthen Christian character by training of body and mind and spirit and to serve the Kingdom of God through a world wide fellowship.
(c)To undertake the activities of and to acquire and take over the assets and to undertake all or any of the liabilities of the present unincorporated body known as The Young Women's Christian Association of Australia whose office in now situate at No. 68 Powlett-street, East Melbourne.
(d)To further and co-ordinate the work of established Young Women's Christian Associations throughout Australia and to promote the establishment of new associations.
Sch.
(e)To unite all members in the fellowship of the Association.
(f)To provide a link between the Young Women's Christian Associations throughout Australia and the World Young Women's Christian Association.
(g)To co-operate with and participate in the work and contribute to the funds of the World Young Women's Christian Association.
(h)To provide a channel for the sharing of resources and the exchange of experience between the Young Women's Christian Associations throughout Australia.
(i)To assist Young Women's Christian Associations throughout Australia with the development of leadership and programme.
(j)To encourage mutual understanding and concern for human rights.
(k)To express from time to time the thought of the Young Women's Christian Associations throughout Australia on questions of national importance and on other matters consistent with its aim and purpose.
(l)To purchase, take on lease or in exchange, hire or otherwise acquire any real and personal estate which may be deemed necessary or convenient for any of the purposes of the Association.
(m)To construct, maintain, and alter any houses, buildings, or works necessary or convenient for the purposes of the Association.
(n)To take any gift of property, whether subject to any special trust or not, for any one or more of the objects of the Association.
(o)To take such steps by personal or written appeals, public meetings, or otherwise, as may from time to time be deemed expedient for the purpose of procuring contributions to the funds of the Association in the shape of donations, annual subscriptions or otherwise.
(p)To print and publish any newspapers, periodicals, books or leaflets that the Association may think desirable for the promotion of its objects.
(q)To sell, manage, lease, mortgage, dispose of, or otherwise deal with all or any part of the property of the Association.
(r)To borrow and raise money in such manner as the Association may think fit.
Sch.
(s)To invest any moneys of the Association, not immediately required for any of its objects, in such manner as may from time to time be determined.
(t)To undertake and execute any trusts or any agency business which may seem directly or indirectly conducive to any of the objects of the Association.
(u)To subscribe to any local or other charities, and to grant donations for any public purpose, and to provide a superannuation fund for the servants of the Association or otherwise to assist any such servants or their dependants.
(v)To establish and support and to aid in the establishment and support of any other associations formed for all or any of the objects of this Association.
(w)To amalgamate with any companies, institutions, societies or associations having objects altogether or in part similiar to those of this Association and the distribution of whose income and property are restricted to an extent at least as great as is the distribution of the income and property of the Association.
(x)To purchase or otherwise acquire and undertake all or any part of the property, assets, liabilities and engagements of any one or more of the companies, institutions, societies or associations with which this Association is authorized to amalgamate.
(y)To transfer all or any part of the property, assets, liabilities and engagements of this Association to any one or more of the Companies, institutions, societies or associations with which this Association is authorized to amalgamate.
(z)To do all such other lawful things as are incidental or conducive to the attainment of the above objects:
Provided that the Association shall not support with its funds or endeavour to impose on or procure to be observed by its members or others any regulation or restriction which if an object of the Association would make it a trade union within the meaning of the Trade Unions Act 1958.
Sch.
MEMBERSHIP
3.Members of the Association shall consist of the fully affiliated Associations whose names are set out in the Schedule hereto and such other Associations or groups as are admitted to membership as hereinafter provided and there shall be the following categories of affiliation:
Category A—An Association having full membership having the necessary requirements in its constitution set out in Rule 9 hereof and such Association shall have voting rights as hereinafter provided.