Roman Catholic Church Property Act 1932 (Tas)

Roman Catholic Church Property Act 1932

An Act to consolidate and amend the law relating to the property and the commercial activities of the Roman Catholic Church in Tasmania [Royal Assent 23 December 1932]

Whereas it is desirable that the trustees of the property of the Roman Catholic Church in Tasmania should be constituted a body corporate and that the trustees should be empowered to dispose of any property vested in them and to conduct any commercial activities without obtaining the authority of Parliament for that purpose: And whereas it would be convenient to consolidate and set forth in one enactment the law relating to the property and the commercial activities of the said Church in this State:

Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Roman Catholic Church Property Act 1932 .

2. Repeal The Acts set forth in the schedule are hereby repealed.

3. Interpretation In this Act, unless the contrary intention appears – the Archbishop means the Roman Catholic Archbishop of Hobart for the time being; and in the case of the absence of the Archbishop from the Commonwealth or of a vacancy in the office of Archbishop includes the Chief Ecclesiastical Authority of the Roman Catholic Church in this State; body corporate means the Roman Catholic Church Trust Corporation of the Archdiocese of Hobart as continued under section 4 ; trustee means a trustee appointed or continued in office under section 4 .

4. Constitution of body corporate as Roman Catholic Church Trust Corporation of the Archdiocese of Hobart (1) The body corporate constituted under section 4 of this Act, as in force immediately before the commencement of the Roman Catholic Church Property Amendment Act 2005 , continues and is to be known as the "Roman Catholic Church Trust Corporation of the Archdiocese of Hobart". (2) The body corporate has perpetual succession and a common seal. (3) The body corporate consists of three trustees appointed by the Archbishop. (4) The Archbishop, at any time, may remove a trustee. (5) The Archbishop may appoint another trustee in the place of a trustee – (a) who has been removed under subsection (4) ; or (b) who has died. (6) The seal of the body corporate is to be affixed in the presence of at least two trustees who are to sign their names to the instrument to which the seal has been affixed. (7) Except as provided in subsection (4) , this section does not affect the tenure or term of office of a person who immediately before the commencement of this section was a trustee.