Version No. 001
Lutheran Church of Australia Victorian District Incorporation Act 1971
Act No. 8178/1971
Version as at 11 August 2000
table of provisions
SectionPage
1
SectionPage
1.Short title
2.Definitions
3.Repeals
4.Incorporation
5.Powers
6.Vesting of property
7.Trust property
8.Power to lease property
9.Land in Tasmania
10.Amendment of Fifth Schedule
______
SCHEDULES
SCHEDULE 1—Constitution of the Lutheran Church of Australia Victorian District
SCHEDULE 2—Repealed Acts
SCHEDULE 3—Real and personal property
SCHEDULE 4—Real Property
SCHEDULE 5—Powers of the Church in relation to the conduct of its property and other affairs
═══════════════
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Lutheran Church of Australia Victorian District Incorporation Act 1971
Act No. 8178/1971
Version as at 11 August 2000
An Act to incorporate the Lutheran Church of Australia Victorian District and for other purposes.
1
Act No. 8178/1971
Lutheran Church of Australia Victorian District Incorporation Act 1971
Preamble
WHEREAS the Association known as the United Evangelical Lutheran Church in Australia Victoria District was incorporated under the provisions of the United Lutheran Church Incorporation Act 1961:
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:
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.Short title
This Act may be cited as the Lutheran Church of Australia Victorian District Incorporation Act 1971.
s. 1
2.Definitions
In this Act unless inconsistent with the context or subject-matter—
"Church" or "District" means the Lutheran Church of Australia Victorian District incorporated by this Act;
"United Evangelical Lutheran Church in Australia Victoria District" means the Association incorporated under the provisions of the United Lutheran Church Incorporation Act 1961;
"The Evangelical Lutheran Church of Australia (Victorian District)" means the Association incorporated under the provisions of The Evangelical Lutheran Church of Australia (Victorian District) Incorporation Act 1964;
"congregation" means any congregation which is now or was or may hereafter become a constituent of either the United Evangelical Lutheran Church in Australia Victoria District or The Evangelical Lutheran Church of Australia (Victorian District) or the Lutheran Church of Australia Victorian District;
"the Synod" has the meaning ascribed thereto in the Constitution set forth in the First Schedule to this Act;
"Church Council" has the meaning ascribed thereto in the Constitution set forth in the First Schedule to this Act;
"President" means the President for the time being of the Lutheran Church of Australia Victorian District appointed by the Synod of the Church;
"Constitution" means the Constitution set forth in the First Schedule to this Act;
"property" means all property real or personal whether within or without the State of Victoria;
"Schedule" means the Schedule to this Act.
3.Repeals
The Acts mentioned in the Second Schedule to this Act to the extent to which the same are in and by the said Schedule expressed to be repealed are hereby repealed.
s. 3
4.Incorporation
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 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 have perpetual succession and a common seal and under the name Lutheran Church of Australia Victorian District may sue and be sued prosecute and defend and take and suffer all the proceedings in all courts.
5.Powers
(1)The Church may—
(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—
s. 5
(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 employés;
(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 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 Schedule and also to sell grant transfer convey exchange 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.
s. 5
(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 the 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.
6.Vesting of property
All the estate and interest of the bodies corporate and the several persons named in the Third Schedule of this Act in the 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.
s. 6
7.Trust property
(1)Where at any time after the coming into operation of 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 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.
8.Power to lease property
s. 8
Except insofar as it is prohibited from doing so by the original trusts to which any property vested in it is subject the Church may devise for any term (whether upon building lease or other lease or tenancy) charge mortgage encumber give easements over exchange partition or sell any such property as aforesaid and generally deal with the same as fully and effectually as if it were the beneficial owner thereof.
9.Land in Tasmania
s. 9
The persons (whether corporate or unincorporate) referred to in the Fourth Schedule as the persons registered as proprietors of the several pieces of land described in the Fourth Schedule, being land situate in the State of Tasmania, are hereby required as trustees of the said land to take or cause to be taken such action as is necessary to have the Church registered as proprietor of the said pieces of land and to sign all necessary conveyances transfers assurances or other documents for that purpose.
10.Amendment of Fifth Schedule
The provisions set out in the Fifth Schedule may at any time and from time to time be altered modified or amended by the Church by resolution duly passed in accordance with its Constitution.
______
SCHEDULES
FIRST SCHEDULE
Constitution of the Lutheran Church of Australia Victorian District
Sch. 1
Interpretation
In this Constitution and the By-laws made thereunder unless the context or subject-matter otherwise requires—
"Church worker" means any person within the District whose name is listed on the Register of Church Workers provided for in the By-laws of the Church;
"congregation" means a group of persons within the assigned area of the District adhering to the Lutheran Faith who regularly meet for the administration of the Means of Grace and who have constituted themselves as an organized body by the adoption of a constitution;
"layman" means any member of a congregation of the District other than a pastor;
"pastor" or "member of the Ministry" means any person ordained to the Holy Ministry according to the rites and practice of the Evangelical Lutheran Church who is a member of the Ministry according to Article V, Clause 1;
"teacher" means any pastor or layman called or appointed by the District or any of its congregations to serve on the teaching staff of a school or educational institution established and maintained by the District or congregation.
Words importing the singular number shall be deemed to include the plural unless the context or subject-matter otherwise requires.
I.Name
The name of the District is: LUTHERAN CHURCH OF AUSTRALIA VICTORIAN DISTRICT, hereinafter called "the District".
II.Confession
The District accepts the Confession of the Lutheran Church of Australia, (hereinafter called "the Church") viz.—
(a)it accepts without reservation the Holy Scriptures of the Old and New Testaments, as a whole and in all their parts, as the divinely inspired, written, and inerrant Word of God, and as the only infallible source and norm for all matters of faith, doctrine, and life;
(b)it acknowledges and accepts as true expositions of the Word of God and as its own confession all the Symbolical Books of the Evangelical Lutheran Church contained in the Book of Concord of 1580, namely, the three Ecumenical Creeds: being the Apostles' Creed, the Nicene Creed, and the Athanasian Creed; the Unaltered Augsburg Confession; the Apology of the Augsburg Confession; the Smalcald Articles; the Small Catechism of Luther; the Large Catechism of Luther; and the Formula of Concord.
III.Objects
The District accepts the Objects of the Lutheran Church of Australia, and shall promote them within its assigned area. These objects are—
(a)to fulfil the mission of the Christian Church in the world by proclaiming the Word of God and administering the Sacraments in accordance with the Confession of the Church laid down in Article II;
Sch. 1
(b)to unite in one body Evangelical Lutheran congregations in Australia and New Zealand for the more effective work of the Church;
(c)to promote and maintain true Christian unity in the bond of peace;
(d)to ensure that preaching, teaching, and practice in the Church are in conformity with the Confession of the Church;
(e)to provide pastors and teachers and other Church workers for service in the Church and its congregations, and for this purpose to establish and maintain institutions for their training;
(f)to establish, develop and support missions at home and abroad;
(g)to establish and maintain schools and other institutions and to foster all other means whereby the members of the congregations receive Christian education;
(h)to cultivate uniformity in worship, ecclesiastical practice and customs in accord with the principles laid down in the Formula of Concord, Article X;
(i)to publish, procure, and distribute literature compatible with the Confession and principles of the Church;
(j)to provide institutions and agencies to minister to human need in the name of Christ Jesus our Lord;
(k)to take such action as is necessary for the protection of the congregations, pastors, teachers, and other Church workers in the performance of their duties and the maintenance of their rights.
IV.Membership
1.The membership of the District shall consist of congregations within its assigned area which—
(a)accept and hold the Confession of the Lutheran Church of Australia;
(b)accept the Constitution and By-laws of the Lutheran Church of Australia and the District;
Sch. 1
(c)submit a Constitution acceptable to the Lutheran Church of Australia and the District;
(d)undertake to participate in the work of the Lutheran Church of Australia and the District, and to promote their Objects.
Such member congregations shall be recorded in the official Roll of Congregations of the District.
2.At its inception the District shall consist of the congregations which are members of the Lutheran Church of Australia in the area of the District.
3.Membership of Lutheran Church of Australia may be terminated by action of the congregation or by action of the Church, as prescribed by the By-laws of the Lutheran Church of Australia.
4.A congregation which terminates its membership, or whose membership is terminated by action of the Church, shall have no claim upon the Church or District or the property or funds of the Church and of the District; but nothing herein contained prevents the Church from giving effect to any decision, award or recommendation made by any Church tribunal in accordance with the By-laws in consequence of any such termination of membership.
V.The Ministry
1.The District recognizes and upholds the Office of the Ministry as the office divinely instituted for the public administration of the Means of Grace. The members of the Ministry are the pastors of the Lutheran Church of Australia, including the pastors emeriti, resident within the District, whose names are recorded on the Roll of Pastors of the District.
2.A conference of the members of the Ministry, called the Pastors' Conference, shall be held in conjunction with the regular convention of the Synod of the District, and at such other times as may be determined by the Synod or the Church Council.
VI.Authority and powers
1.The District consists of congregations voluntarily joined together to establish a wider fellowship in the faith and to promote and do work which congregations could not undertake and do effectively alone and therefore has power and authority to carry out its Objects as set forth in this Constitution, and to perform such other acts as may be incidental thereto.
Sch. 1
2.The District, in accordance with the provisions of the Constitution and By-laws of the Lutheran Church of Australia and this Constitution, shall have authority and power to make rules and regulations for the administration of its affairs.
3.The District shall have power to delegate the exercise of its authority to such persons and in such manner as it may deem advisable.
4.The District shall have power to acquire, accept, hold, dispose of, lease, let, mortgage or otherwise deal with real and personal property and any estate or interest in real and personal property as it may deem necessary for the effective promotion of any or all its activities.