Western Australia
Presbyterian Church Act Amendment Act 1919
Reprinted as at 25 October 2002
What the reprint includes
Endnotes, Compilation table
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table
2.Validation, transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table
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Western Australia
Presbyterian Church Act Amendment Act 1919
CONTENTS
4.Consolidation of mortgages1
5.Sinking fund2
6.Contributions to sinking fund3
Notes
Compilation table5
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Reprinted under the Reprints Act 1984 as |
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at 25 October 2002 |
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Western Australia
Presbyterian Church Act Amendment Act 1919
An Act to amend the Presbyterian Church Act 1908.
This Act may be cited as the Presbyterian Church Act Amendment Act 1919, and shall be read as one with the Presbyterian Church Act 1908, hereinafter referred to as the principal Act.
[2, 3.Omitted under the Reprints Act 1984 s. 7(4)(e).]
(1)The Commissioners may effect a consolidation of the mortgages secured on the property of any congregation or several congregations, or on any other property held in trust by the Commissioners.
(2)Where the land, buildings, or other property of any congregation, mission, or institution (except a mission or institution that has been separately incorporated as provided in section 21 of the Presbyterian Church Act 1908) are free from encumbrances, or where the amount raised by any mortgage thereof together with all other mortgages thereon, if any is less than 50% of the realisable value of the security, the Commissioners may, with the approval in writing of the majority of the members and adherents of the congregation, mission, or institution and subject to obtaining all other consents and approvals that are required to be obtained under any Act, borrow money on the security of such land, building, or other property, for the benefit of any other congregation, mission, or institution other than a mission or institution separately incorporated as provided in section 21 of the Presbyterian Church Act 1908: Provided that the money so borrowed shall be used for the purchase or erection of permanent building required for the extension of the work of the Church in Western Australia, or for the reduction of any existing mortgage, or other liability of the other congregation, mission or institution for whose benefit the money has been borrowed.
[Section 4 amended by No. 19 of 1964 s. 9.]
(1)A sinking fund shall be established by the Commissioners with the approval of the General Assembly, for the following purposes: —
(a)To pay off any mortgage or other liability existing on any land, building, or other property belonging to any congregation, which is held in trust by the Commissioners.
(b)To pay off any mortgage or other liability existing on a college, building, institution (except on the property of a separately incorporated mission or institution) or any other property held in trust by the Commissioners.
(c)For the creation of a fund for the purchase or erection of any church, manse, school, or other building required for the work of the Church in Western Australia.
(2)The contributions to the sinking fund shall be in accordance with the scheme and regulations approved by the General Assembly. Such scheme and regulations shall be administered by the Commissioners or a special committee appointed by the General Assembly, and such scheme and regulations shall be binding on all congregations, school councils, boards of management, and other committees of the Church excluding any mission and institution that has been separately incorporated as provided in section 21 of the Presbyterian Church Act 1908.
[Section 5 amended by No. 19 of 1964 s. 10.]
6.Contributions to sinking fund
(1)Every congregation, mission, or institution shall make an annual contribution to the sinking fund, in accordance with the following provisions: —
(a)Where the amount of a mortgage or other liability exceeds 25%, and is not more than 50% of the realisable value of the land, buildings, or other property secured by such mortgage or other liability, an annual contribution of 1½% on half the realisable value of such property, or 1½% on the amount of such mortgage or other liability, whichever is the greater, shall be made to the sinking fund.
(b)Where the amount of a mortgage or other liability secured on the land, buildings, or other property is 25% or less than 25% of the realisable value of such property, an annual contribution of 1½% on the amount of such mortgage or other liability, plus 1% of 25% or more of the realisable value of the property, subject to mortgage or other liability, shall be made to the sinking fund.
(c)Where the lands, buildings, or other property of a congregation, mission, or institution (excluding any mission or institution that has been separately incorporated as provided in section 21 of the Presbyterian Church Act 1908) are free from encumbrances, an annual contribution of 1% of half the realisable value of such property shall be made to the sinking fund:
Provided that where a congregation, mission, or institution is paying off to the satisfaction of the Commissioners a liability, the amount of which exceeds 50% of the realisable value of the property secured or otherwise subject to such liability, such congregation, mission, or institution shall not be required to make an annual contribution to the sinking fund until the amount of the liability has been reduced to 50% of the realisable value of the property subject to or secured by such liability.
(2)All sinking fund contributions assessed on the amount of a mortgage or other liability of a congregation, mission, or institution, shall be applied by the Commissioners in reduction of the mortgage or liability of the said
(3)Voluntary contributions made by the members and adherents or friends of the Church to the sinking fund shall be applied, as may be directed by the contributors, or as the Commissioners may direct.
(4)Realisable value means such value as may be agreed upon between the Commissioners and board of management, council or committee of any church, mission, or institution, or, in the event of any dispute as to such value, then the realisable value shall be fixed by an arbitrator appointed by the General Assembly.
[Section 6 amended by No. 19 of 1964 s. 11.]
