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Ashfield Trust Ordinance 2001

No 38, 2001

Long Title

An Ordinance to vary the trusts on which certain property is held and to establish the Ashfield Trust.

Preamble

A. Anglican Church Property Trust Diocese of Sydney (the "Property Trust") is the trustee of the property described in each of the cells in column 1 of the table in the Schedule (the "Existing Property").

B. The property described in a cell in column 1 of the table in the Schedule is held on the trusts described in the corresponding cell in column 2 of the Schedule.

C. By reason of circumstances which have arisen after the creation of the trusts on which the Existing Property is held, it is inexpedient to carry out and observe those trusts.

The Standing Committee of the Synod of the Diocese of Sydney Ordains as follows.

1. Name of this ordinance

This Ordinance is the Ashfield Trust Ordinance 2001.

2. Declarations

By reason of circumstances which have arisen after the creation of the trusts on which the Existing Property is held, it is inexpedient to carry out and observe those trusts, and

(a) it is inexpedient that the Existing Property be held for the same or like purposes as the trusts on which the Existing Property is held; and

(b) it is expedient that power be given to the Property Trust to lease or licence from time to time any part of the real property forming part of the trust fund; and

(c) it is expedient that the part of the real property forming part of the trust fund comprised in Lot 1 Deposited Plan 208481 be subdivided and that power be given to the Property Trust to grant an equitable interest in the nature of a charge over the subdivided part.

3. Definition of "trust fund"

In this Ordinance -

"trust fund" means -

(a) the Existing Property; and

(b) all real and personal property received or acquired by the Property Trust from time to time as an addition to the trust fund.

4. Name of the trust fund

The trust fund is to be known as the Ashfield Trust.

5. New trusts

Subject to the terms of this Ordinance, the trust fund is held upon trust for the purposes of the parish of Ashfield (the "Parish").

6. Capital of the trust fund

(1) Any real property which forms part of the capital of the trust fund, may be used for one or more of the following purposes -

(a) a church;

(b) a residence for the minister, an assistant minister or any person employed by the churchwardens of a church in the Parish;

(c) a hall or halls;

(d) a school (including a preschool) or other place of assembly;

(e) any purpose incidental to a purpose referred to in paragraph (a), (b), (c) or (d).

(2) Any personal property which forms part of the capital of the trust fund may be applied by the Property Trust for one or more of the following purposes -

(a) the payment of all rates, taxes and charges incurred by the Property Trust in relation to the trust fund, any property forming part of the trust fund or any transaction with property forming part of the trust fund; and

(b) the costs of maintenance and repair of any property forming part of the trust fund required to meet minimum standards of maintenance and repair prescribed by legislation and applying to that property;

(c) for such purposes as the Standing Committee may direct by ordinance or resolution.

(3) Pending application under clause 6(2), any personal property which forms part of the capital of the trust fund is to be invested.

(4) If the churchwardens of a church in the Parish make a payment to the Property Trust as an addition to the trust fund for the purpose of enabling the Property Trust to make a payment under any contract made or to be made by the Property Trust as trustee of the trust fund and -

(a) the full amount of the payment made by the churchwardens is not required by the Property Trust for that purpose, the Property Trust may pay to the churchwardens an amount equal to the excess; or

(b) the Property Trust claims an input tax credit (as defined in the New Tax System (Goods and Services) Act 1999) in respect of the payment made under the contract, the Property Trust may pay to the churchwardens an amount equal to the amount of the input tax credit (or proportionate part thereof where the payment made by the churchwardens is less than the payment made by the Property Trust).

7. Application of the income of the trust fund

(1) The income of the trust fund (other than income referred to in clause 7(2)), after paying all rates, taxes and charges incurred by the Property Trust in relation to the trust fund, any property forming part of the trust fund or any transaction with property forming part of the trust fund, is to be applied as follows -

(a) 30% is to be capitalised, and

(b) the balance is to be paid to the churchwardens of the church of the Parish or, if there is more than one church, the churchwardens of the principal church of the Parish, to be applied for such purposes of the Parish as the parish council may from time to time determine, except the payment of the stipends, allowances and benefits paid or provided to the minister.

(2) The income of the trust fund arising from a residential lease granted pursuant to clause 9(1) for a weekly rental which does not exceed $750 or such other amount as the Standing Committee determines by resolution is to be applied in accordance with clause 7(1)(b).

8. Review

(1) The authority to apply income under clause 7(1)(b) earned after the review date terminates on the review date.

(2) For the purposes of subclause (1) "review date" means the date which is 10 years after the date this Ordinance commences or such later date as the Standing Committee approves from time to time by resolution.

9. Powers - leasing and licensing of real property

(1) With the written consent of the parish council of the Parish, the Property Trust may lease or licence any part of the real property forming part of the trust fund, except any part which is consecrated or licensed for use as a church, if the term of the lease or licence (when aggregated with the term of any option to renew such lease or licence) does not exceed 5 years.

(2) Nothing in this clause limits the powers of the Property Trust under the Anglican Church Property Trust Ordinance 1965 or under any other ordinance.

10. Powers - subdivision of and equitable interest in certain real property

(1) The Property Trust may -

(a) subdivide part of the real property forming part of the trust fund comprised in Lot 1 Deposited Plan 208481 to create the preschool lot with such changes as are required by local government and statutory authorities including access over Lot 2 Deposited Plan 208481, and

(b) grant an equitable interest in the nature of a charge over the pre-school lot.

(2) In this clause "preschool lot" means a new lot upon which the preschool (currently situated on Lot 1 Deposited Plan 208481) can be situated which -

(a) is adjacent to Lot 2 Deposited Plan 208481, and

(b) excludes the land on which St John's Church, Ashfield is situated.

11. Commencement

This Ordinance commences on the date of assent to this Ordinance.

Schedule

I Certify that the Ordinance as printed is in accordance with the Ordinance as reported.

PETER YOUNG
Deputy Chairman of Committees

I Certify that this Ordinance was passed by the Standing Committee of the Synod of the Diocese of Sydney on 24 September 2001.

M A PAYNE
Secretary

I Assent to this Ordinance.

PETER F JENSEN
Archbishop of Sydney
3/10/2001