{"id":"anglican-church-of-australia-act-1975","name":"Anglican Church of Australia Act 1975","slug":"anglican-church-of-australia-act-1975","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29835,"registerId":"nt-anglican-church-of-australia-act-1975-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Anglican Church of Australia Act 1975","content":"NORTHERN TERRITORY OF AUSTRALIA\nANGLICAN CHURCH OF AUSTRALIA ACT 1975\nAs in force at 1 March 2011\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Definitions ........................................................................................ 1\n3 Constitution, canon and rules to be binding for church property\npurposes .......................................................................................... 1\n4 Effect of canon and rules ................................................................. 1\n5 Anglican Church of Australia Trust Corporation............................... 2\n6 Construction of laws of the Territory, laws of the church, and\ninstruments ...................................................................................... 2\n7 Administration of customary oaths................................................... 3\n8 Powers to tribunal under chapter 9 of Constitution .......................... 3\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 March 2011\n____________________\nANGLICAN CHURCH OF AUSTRALIA ACT 1975\nAn Act relating to the Anglican Church of Australia\n1 Short title\nThis Act may be cited as the Anglican Church of Australia Act 1975.\n2 Definitions\nIn this Act, unless the contrary intention appears:\nAct means the Anglican Church of Australia Constitution Act 1961,\nof the State of New South Wales.\nConstitution means the Constitution of the Anglican Church of\nAustralia as set out in the Schedule to the Act.\nCorporation means the Anglican Church of Australia Trust\nCorporation incorporated in the State of New South Wales by virtue\nof section 7 of the Act.\n3 Constitution, canon and rules to be binding for church\nproperty purposes\nThe provisions of the Constitution, and of any canon or rules made\nunder the Constitution, are, as provided in the Constitution but\nsubject to this Act, for all purposes connected with or in any way\nrelating to the property within the Territory of the Anglican Church of\nAustralia, binding on the Bishops, clergy and laity of the Anglican\nChurch of Australia who are in a diocese, or part of a diocese, of\nthe Anglican Church of Australia within the Territory.\n4 Effect of canon and rules\nA canon or rule made under the Constitution that is inconsistent\nwith a law in force in the Territory is, to the extent of that\ninconsistency, incapable of having any force or effect in the\nTerritory.\n\nAnglican Church of Australia Act 1975 2\n5 Anglican Church of Australia Trust Corporation\n(1) The Corporation is, by virtue of this section, capable of holding land\nand exercising all the rights and powers in relation to the property in\nthe Territory of the Anglican Church of Australia that it is capable of\nexercising in relation to property in the State of New South Wales of\nthat Church.\n(2) A certificate purporting to be under the hand of the Primate of the\nAnglican Church of Australia, or of a Metropolitan or Bishop of that\nChurch exercising the authority, powers, rights and duties of the\nPrimate under the Constitution, certifying that the Corporation\nconsists of the persons specified in the certificate, is, for all\npurposes, prima facie evidence of the matters certified.\n(3) A certificate purporting to be under the hand of a person holding\noffice as a member of the Corporation, certifying that a document\naffixed to the certificate is a copy of a resolution of the Corporation\nduly passed at a duly constituted meeting of the Corporation is, for\nall purposes, prima facie evidence of the matters certified.\n(4) Nothing in this section shall be taken to prevent property in the\nTerritory that is for the time being subject to a trust for, or the use,\nbenefit or purposes of, the Anglican Church of Australia being held\nby a trustee other than the Corporation.\n6 Construction of laws of the Territory, laws of the church, and\ninstruments\nOn the commencement of the Anglican Church of Australia\nOrdinance 1978, a reference in:\n(a) an Act or an instrument of a legislative or administrative\ncharacter made, issued or given under an Act;\n(d) Church Canons of the General Synod of the Church of\nEngland in Australia;\n(e) Church Ordinances and Church Acts of a provincial or\nDiocesan Synod of that Church;\n(f) Church Rules and Regulations made by the authority of those\nCanons, Ordinances and Acts; and\n(g) a grant, deed, will or other instrument,\nto the Church of England or to the Church of England in Australia,\nshall be read as a reference to the Anglican Church of Australia.\n\nAnglican Church of Australia Act 1975 3\n7 Administration of customary oaths\nIt is lawful for a Bishop, Commissary, Administrator, Chancellor,\nArchdeacon or Registrar holding office in a Diocese of the Anglican\nChurch of Australia to administer to a Bishop, clergyman or\nmember of that Church the oath or oaths customarily used at the\nordaining of deacons or priests, the consecration or enthronement\nof Bishops, the institution of a clergyman to a cure of souls in a\nparish or other ecclesiastical district or the installation, induction or\ncollation to any office on the grant of a licence in that Church in the\nTerritory, and it is lawful for such a person to take and make such\nan oath or any such oaths.\n8 Powers to tribunal under chapter 9 of Constitution\nFor the purpose of securing the attendance of witnesses and the\nproduction of documents, or of examining witnesses on oath or\notherwise, a tribunal referred to in chapter 9 of the Constitution shall\nbe deemed to be an arbitrator within the meaning of the law from\ntime to time in force in the Territory relating to arbitration, and has\npower to require a witness to give evidence on oath, and, for the\nlike purpose, a party to a proceeding before such a tribunal or a\nperson permitted by such a tribunal to submit evidence to it shall be\ndeemed to be a party to a reference or submission to arbitration\nwithin the meaning of that law.\n\nENDNOTES\nAnglican Church of Australia Act 1975 4\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nChurch of England in Australia Constitution Ordinance 1975 (Act No. 26, 1975)\nAssent date 28 June 1976\nCommenced 28 June 1976\nAnglican Church of Australia Ordinance 1978 (Act No. 5, 1978)\nAssent date 31 March 1978\nCommenced 31 August 1979 (Gaz G35, 31 August 1979, p 1)\nStatute Law Act 1980 (Act No. 6, 1981)\nAssent date 9 January 1981\nCommenced 9 January 1981\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 9 Anglican Church of Australia Ordinance 1978 (Act No. 5, 1978)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: s 1.\n\nENDNOTES\nAnglican Church of Australia Act 1975 5\n5 LIST OF AMENDMENTS\nlt amd No. 5, 1978, s 5; No. 6, 1981, s 4\ns 1 amd No. 5, 1978, s 5; No. 6, 1981, s 4\ns 2 amd No. 5, 1978, ss 6 and 8; No. 6, 1981, s 4\ns 3 amd No. 5, 1978, s 8; No. 6, 1981, s 4\ns 5 amd No. 5, 1978, s 8\ns 6 sub No. 5, 1978, s 7\namd No. 6, 1981, s 4\ns 7 amd No. 5, 1978, s 8\ns 8 amd No. 40, 2010, s 118","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act was updated to substitute references to the Anglican Church of Australia for earlier references to the Church of England on commencement of the Anglican Church of Australia Ordinance 1978 (s 6). Subsequent amendments listed in the endnotes adjusted formal references and interaction with Territory laws (see endnotes and amendment table). The core scope—making the Church's constitution operative for property matters and recognising the Trust Corporation and tribunal powers—remains, but references and cross‑links were modernised."},"complexity_factors":["Narrow subject-matter: deals mainly with church property, evidence, oaths and tribunal powers (ss 3–8)","Cross-references to external instruments: depends on the Anglican Church of Australia Constitution and State Act definitions (s 2 definition of Act; Constitution defined)","Conflict rule requires legal comparison of Territory law and church canons to determine applicability (s 4)","Property-title and trustee arrangements: allows Trust Corporation to hold land but preserves other trustees, affecting land‑title and trust practice (s 5(1), s 5(4))","Evidence and administrative convenience from prima facie certificates by church leaders introduces non-judicial proof presumptions (s 5(2)–(3))","Deeming provision alters historical references from \"Church of England\" to \"Anglican Church of Australia\" on commencement of the Ordinance, affecting interpretation of many instruments (s 6)","Tribunal powers are tied to arbitration law, creating interaction with general arbitration procedures and compulsion powers for witnesses/documents (s 8)","Administration of customary oaths by specified church officers interacts with Territory oaths/declarations law and creates a non‑court oath-giving route (s 7)"],"plain_english_summary":"The Act makes the Anglican Church of Australia’s constitution, and any canons and rules made under it, binding for matters relating to Anglican Church property in the Northern Territory, while providing that any canon inconsistent with Territory law has no force there. It authorises the Anglican Church of Australia Trust Corporation to hold land and exercise property rights in the Territory, treats certain church certificates as prima facie evidence, permits specified officers to administer customary ecclesiastical oaths, and deems church tribunals to have arbitration powers to compel witnesses and documents."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: giving legal effect to the Anglican Church's national governance structure within the Northern Territory. The amendments shown in the endnotes are minor updates (name changes, references to commencement dates, and consequential amendments from other Acts) that do not expand the substantive scope beyond property law, tribunal powers, and administrative recognition of church officers."},"complexity_factors":["Only 8 operative sections covering discrete, narrow topics","Minimal defined terms (only 3: 'Act', 'Constitution', 'Corporation')","Heavy reliance on external documents (NSW Act, Church Constitution, Chapter 9 of Constitution) without reproducing their content","Simple conditional logic limited to section 4 (inconsistency with Territory law) and section 6 (commencement trigger)","No nested exceptions or complex cross-referencing between sections","Straightforward deeming provisions in sections 5(2)-(3) and 8"],"plain_english_summary":"This is a short Northern Territory law that gives legal effect to the national rules of the Anglican Church within the Territory. It does four main things:\n\n**1. Makes church rules binding on property matters**\nThe Constitution, canons (church laws), and rules of the Anglican Church of Australia apply to church property in the Northern Territory. This means bishops, clergy, and church members must follow these rules when dealing with land, buildings, or assets owned by the church in the NT.\n\n**2. Allows the national church trust to operate in the NT**\nThe Anglican Church of Australia Trust Corporation — a body set up under New South Wales law — can hold and manage church property in the Northern Territory as if it were in NSW. However, other trustees can still hold church property if needed.\n\n**3. Updates old references**\nWhen the 1978 Ordinance commenced, any reference to the \"Church of England\" or \"Church of England in Australia\" in Territory laws, church documents, wills, or property deeds was automatically updated to \"Anglican Church of Australia.\" This was a housekeeping measure after the church changed its name.\n\n**4. Gives church tribunals legal powers**\nChurch tribunals (committees that hear disputes under Chapter 9 of the Church Constitution) are treated like arbitrators under NT law. This means they can compel witnesses to attend, produce documents, and give evidence on oath.\n\n**5. Authorises religious oaths**\nSenior church officials (bishops, archdeacons, registrars, etc.) can legally administer the traditional oaths used when ordaining priests, consecrating bishops, or installing clergy in the NT.\n\n**Who it affects:** Members of the Anglican Church in the Northern Territory, particularly those involved in managing church property or participating in church tribunals.\n\n**Why it matters:** Without this law, the national church's rules wouldn't automatically apply to property in the NT, and church tribunals wouldn't have legal power to enforce their decisions or summon witnesses."}},"importantCases":[],"_links":{"self":"/api/acts/anglican-church-of-australia-act-1975","history":"/api/acts/anglican-church-of-australia-act-1975/history","analysis":"/api/acts/anglican-church-of-australia-act-1975/analysis","conflicts":"/api/acts/anglican-church-of-australia-act-1975/conflicts","importantCases":"/api/acts/anglican-church-of-australia-act-1975/important-cases","documents":"/api/acts/anglican-church-of-australia-act-1975/documents"}}