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QLD Letter Patent - How Does the Organisation Operate?

Discussion in 'Commercial Law Forum' started by Ted Sherwood, 24 December 2015.

  1. Ted Sherwood

    Ted Sherwood Well-Known Member

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    An organisation, a registered charity, was originally incorporated under letters patent. The Associations Incorporation Act 1981 (Qld), by section 144 of that Act, provides that those letters patent 'continue to be of full force and effect and to be subject to that Act as if this Act had not been passed'.

    What does that mean for how that organisation is to operate? Does it mean, for instance, that it continues to derive its incorporation from the letters patent, but that it must comply with the Associations legislation? Or the opposite - all its requirements come from the letters patent. Or something in between?
     
  2. Michael T

    Michael T Well-Known Member

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    Letters patent issued under the Religious Educational and Charitable Institutions Act 1861 (Qld) continue to be of full force and effect and to be subject to that Act as if the Associations Incorporation Act 1981 (Qld) had not been passed. So its not subject to the Associations Incorporation Act.

    Have a read of this Queensland Law Reform Commission Report "A Review of Religious and Certain Other Community Organisation Acts" that delves into a bit more detail (especially at 2.59): http://www.qlrc.qld.gov.au/__data/assets/pdf_file/0014/372020/r70.pdf
     
    Ted Sherwood likes this.
  3. Ted Sherwood

    Ted Sherwood Well-Known Member

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    Thanks Michael.
     

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