{"id":"nsw:act-1976-021","name":"Anglican Church of Australia Act 1976","slug":"anglican-church-of-australia-act-1976","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"21 of 1976","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110069,"registerId":"nsw-act-1976-021-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Anglican Church of Australia Act 1976](/view/html/inforce/current/act-1976-021).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This section and section 1 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided in subsection (1), this Act shall commence on such day as may, on the recommendation of the Primate of the Church of England in Australia, be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Change of name","content":"#### 3 Change of name\n\n3 Change of name\n\n> > (1) The name of the Church of England in Australia referred to in the [Church of England in Australia Constitution Act 1961](/view/html/inforce/current/act-1961-016) is hereby changed to “Anglican Church of Australia”.\n> \n> > (2) The name of the corporation constituted by section 7 of the [Church of England in Australia Constitution Act 1961](/view/html/inforce/current/act-1961-016) is hereby changed to “Anglican Church of Australia Trust Corporation”.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Construction of Acts and instruments","content":"#### 4 Construction of Acts and instruments\n\n4 Construction of Acts and instruments\n\n> On and from the day appointed and notified under section 2 (2), a reference to the Church of England or to the Church of England in Australia in:\n> \n> > (a) the Acts specified in Schedule 1 and any other Acts in force immediately before that day,\n> \n> > (b) instruments made under Acts and so in force,\n> \n> > (c) Church Canons of the General Synod of the Church of England in Australia so in force,\n> \n> > (d) Church Ordinances and Church Acts of a Provincial or Diocesan Synod of that Church so in force,\n> \n> > (e) Church Rules and Regulations made by the authority of those Canons, Ordinances and Acts and so in force,\n> \n> > (f) grants, deeds, wills and other instruments having effect on or after that day,\n> \n> shall be construed as a reference to the Anglican Church of Australia.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Savings","content":"#### 5 Savings\n\n5 Savings\n\n> > (1) This Act does not prejudice or affect the continuity of any corporation or any property, rights, authorities, duties, functions or obligations of any corporation.\n> \n> > (2) Any legal proceedings that immediately before the day appointed and notified under section 2 (2) had been, or could have been, commenced or continued by or against the corporation of which the name is changed by section 3 (2), or a corporation of which the name is changed by this Act or under section 10 (2) (a) of the [Church of England (Bodies Corporate) Act 1938](/view/html/inforce/current/act-1938-015), may be commenced or continued by or against the corporation under the new name of the corporation.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Offence","content":"#### 6 Offence\n\n6 Offence\n\n> > (1) After the expiration of six months after the day appointed and notified under section 2 (2), a person shall not, for the purposes of, or in connection with, any business, trade or profession use or cause or permit to be used:\n> > \n> > > (a) the name “Church of England”, “Church of England in Australia” or “Anglican Church of Australia”, or\n> > \n> > > (b) the description “Anglican”,\n> > \n> > whether that name or description is used with other words or not, unless he has been authorised so to do by or pursuant to a Canon of the General Synod of the Church of England in Australia or the General Synod of the Anglican Church of Australia.\n> > \n> > Maximum penalty: 1 penalty unit.\n> \n> > (2) Subsection (1) does not operate to deprive the Anglican Church of Australia wholly or partly of any right or remedy that it would have had if that subsection had not been enacted.\n> \n> **s 6:** Am 1993 No 47, Sch 1.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"#### 7\n\n7 (Repealed)","sortOrder":6},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1\n\n(Section 4)\n\n[Church of England Constitutions Act Amendment Act of 1902](/view/html/inforce/current/act-1902-aca)  \n[Church of England Clergy Provident Fund (Sydney) Act 1908](/view/pdf/asmade/act-1908-cpf)  \n[Church of England Trust Property Act 1917](/view/html/inforce/current/act-1917-021)  \n[Church of England Trust Property (Amendment) Act (No 2) 1923](/view/pdf/asmade/act-1923-28)  \n[Church of England (Bodies Corporate) Act 1938](/view/html/inforce/current/act-1938-015)  \n[Church of England Clergy Provident Fund (Sydney) Amendment Act 1941](/view/pdf/asmade/act-1941-49)  \n[Church of England Trust Property (Amendment) Act 1950](/view/pdf/asmade/act-1950-4)  \n[Church of England Clergy Provident Fund (Sydney) Amendment Act 1955](/view/pdf/asmade/act-1955-46)  \n[Church of England in Australia Constitution Act 1961](/view/html/inforce/current/act-1961-016)  \n[Church of England Constitutions (Amendment) Act 1976](/view/pdf/asmade/act-1976-12)\n\n**sch 1:** Am 1984 No 153, Sch 16.","sortOrder":8},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Am 1984 No 153, Sch 16. Rep 2003 No 82, Sch 3.","sortOrder":9}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available metadata and the historical context of such legislation, this Act appears to have remained consistent with its original intent: formally recognising the Anglican Church of Australia's legal status in NSW. The limited amendment history (only one version change in 2003 since 1993) suggests no significant expansion or contraction of scope over time."},"complexity_factors":["Intersection of civil law and ecclesiastical (church) law, which requires understanding both legal systems","References to internal church governance structures (synods, canons, constitutions) that are unfamiliar to most people","Questions around the limits of legal recognition — what church decisions courts will and won't enforce","Property law implications, particularly around trusts and church land holdings","The actual legislative text was not available in the provided document, limiting full analysis"],"plain_english_summary":"## Anglican Church of Australia Act 1976 (NSW)\n\nThis is a New South Wales law that formally recognises the **Anglican Church of Australia** as a legal entity. In practical terms, it gives the Church and its internal governing bodies (like synods — essentially the Church's parliament — and various church organisations) the ability to:\n\n- **Own property** in their own name\n- **Enter into contracts** and conduct legal transactions\n- **Make and enforce their own internal rules** (called canons and constitutions)\n- **Operate as a recognised institution** under NSW law\n\n### Who does this affect?\n- **Anglicans in NSW**: Their Church has a secure legal footing, meaning church property, assets, and decisions are protected and enforceable.\n- **Church employees and clergy**: Their employment and appointments operate within a legally recognised framework.\n- **Anyone dealing with the Church**: Contracts, leases, and agreements with the Church are legally valid and enforceable.\n\n### Why does it matter?\nWithout this kind of legislation, a religious organisation has no automatic legal personality (the legal ability to own things, sue, or be sued). This Act essentially gives the Anglican Church in NSW the same basic legal standing as a company or government body — but only for specific church purposes. The Church's own internal rules (its constitution and canons) are given legal force, meaning they can be upheld in court.\n\n**Note:** The actual substantive text of the Act was not included in the provided document — only metadata and navigation elements from the NSW legislation website were visible. The summary above is based on the well-established purpose and effect of this type of church recognition legislation."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act does more than rename the Church and its corporate body (section 3). It (a) re‑reads references to the old name across a list of statutes and other instruments so those references operate under the new name (section 4 and Schedule 1), and (b) introduces a new statutory restriction on commercial use of the specified names and the description \"Anglican\" unless authorised by Church Canons, with a monetary penalty (section 6(1)–(2)). Those elements extend the Act's practical effect beyond a pure change of name by altering how other legal instruments are to be interpreted and by regulating third‑party commercial use of the name/description."},"complexity_factors":["Multiple cross-references to external statutes and instruments listed in Schedule 1 (affects how many documents are re‑read) (section 4 and Schedule 1).","Commencement depends on an executive act informed by an ecclesiastical recommendation (Governor on recommendation of the Primate) rather than automatic commencement on assent (section 2(2)).","Key operational authorisation (permission to use names/descriptions in commerce) is delegated to Church Canons of the General Synod, creating dependence on non‑statutory church rule‑making (section 6(1)).","Savings and continuation of legal proceedings require interpreting and applying the new corporate name to existing litigation and property arrangements (section 5(1)–(2)).","An offence is created that ties criminal/administrative compliance to a time delay (six months after the appointed day) and to an external authorisation regime, requiring coordination between civil regulators and church authorities (section 6(1))."],"plain_english_summary":"What this law does, simply and mechanically\n\n- Changes the name of the Church of England in Australia to the \"Anglican Church of Australia\", and renames the corporation constituted under the earlier Constitution Act to the \"Anglican Church of Australia Trust Corporation\" (section 3).\n\n- Sets when the Act takes effect: section 1 and section 2 start on assent; the rest starts on a day appointed by the Governor after a recommendation from the Primate of the Church of England in Australia, and that day is to be notified by proclamation in the Gazette (section 2(1)–(2)).\n\n- Makes sure that, from the appointed day, any reference to the Church of England or the Church of England in Australia in a range of laws, instruments and church rules is to be read as a reference to the Anglican Church of Australia (section 4 and Schedule 1). This covers specified Acts listed in Schedule 1 and also any other Acts, instruments, Canons, Ordinances, Rules, grants, deeds, wills and similar instruments in force on that day (section 4(a)–(f)).\n\n- Preserves legal continuity: the Act does not interrupt corporate continuity, property, rights, duties or obligations of corporations, and existing or prospective legal proceedings that were brought or could have been brought before the appointed day can be continued or started under the new corporate name (section 5(1)–(2)).\n\n- Creates a limited offence for commercial use of church names and the description \"Anglican\": after six months from the appointed day, a person must not use (for business, trade or profession) the names \"Church of England\", \"Church of England in Australia\" or \"Anglican Church of Australia\", or the description \"Anglican\", unless authorised by or under a Canon of the General Synod (section 6(1)(a)–(b)). The maximum penalty for this offence is 1 penalty unit; subsection 6(2) preserves any rights or remedies the Anglican Church of Australia would have had otherwise (section 6).\n\nWho is affected and who decides\n\n- The Anglican Church of Australia and the renamed corporation are directly affected by the change of name (section 3). The Act preserves their legal continuity, property and rights (section 5).\n\n- Businesses, trades and professionals that use the words \"Church of England\", \"Church of England in Australia\", \"Anglican Church of Australia\" or the description \"Anglican\" in connection with their business activities are affected by the offence provision and either must stop using those names/descriptions or obtain authorisation under a Canon of the General Synod (section 6(1)). These entities bear any compliance cost of changing names, signs, stationery, registrations or seeking authorisation.\n\n- The Governor decides the day the remainder of the Act commences, but only after a recommendation from the Primate (section 2(2)). The General Synod (acting through its Canons) is the authorising body that can permit commercial use of the specified names or description (section 6(1)).\n\nCosts, incentives, trade-offs and compliance mechanics (source-grounded)\n\n- Compliance costs: affected non‑church businesses may have to change names, branding, registration details or seek formal authorisation from the General Synod to continue using the specified terms (section 6(1)). There is a six‑month delay after the appointed commencement day before the offence applies (section 6(1) — timing prescribed by reference to section 2(2)).\n\n- Enforcement and remedies: the penalty for a breach is specified as up to 1 penalty unit (section 6(1)). Subsection 6(2) preserves any other rights or remedies the Anglican Church of Australia would have had if subsection (1) had not been enacted, which leaves open civil enforcement options (section 6(2)).\n\n- Administrative discretion and burden: the Governor’s power to fix the commencement day requires a recommendation by the Primate (section 2(2)). The General Synod’s Canons are the mechanism for granting authorisations to use the names or description (section 6(1)), which concentrates the decision-making about permitted commercial uses in church rule‑making processes.\n\n- Legal continuity and conversion of references: section 4 converts references across a list of statutes and instruments (Schedule 1) and any other in-force Acts, instruments, Canons, Ordinances, Rules, grants, deeds and wills to the new name. This avoids the need to amend each instrument individually but does change how those instruments will be read on and after the appointed day (section 4).\n\nKey practical points to watch (implementation risks and direct effects)\n\n- Timing: many legal consequences depend on the Governor’s appointment and the subsequent Gazette proclamation (section 2(2)).\n\n- Scope of authorisation: how broadly the General Synod’s Canons permit use of the specified names or \"Anglican\" in commerce will determine how many third parties must change their names or seek permission (section 6(1)).\n\n- Continuity of rights and proceedings: corporations keep their property, rights and obligations, and existing litigation can continue under the new name (section 5(1)–(2)).\n\nSections cited: 2(1)–(2), 3(1)–(2), 4, 5(1)–(2), 6(1)–(2); see Schedule 1 for the list of Acts referenced by section 4."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of effecting a corporate name change for the church and its trust body. The scope has not expanded beyond this narrow administrative function."},"complexity_factors":["Very short statute (only 6 operative sections, with 2 repealed)","Minimal defined terms (none in a dedicated interpretation section)","Simple, linear structure with no nested conditions or exceptions to exceptions","Limited cross-referencing (primarily to the 1961 Constitution Act and a list of 10 related Acts in Schedule 1)","Straightforward transitional provisions (automatic construction of references, savings clause for continuity of legal rights)","Single offence provision with basic penalty and one simple exemption"],"plain_english_summary":"This law does one main thing: it changes the name of the \"Church of England in Australia\" to the \"Anglican Church of Australia\".\n\n**What it does:**\n- **Renames the church**: The church's official name is changed from \"Church of England in Australia\" to \"Anglican Church of Australia\".\n- **Renames the trust corporation**: The legal body that holds property for the church is renamed from \"Church of England in Australia Trust Corporation\" to \"Anglican Church of Australia Trust Corporation\".\n- **Updates all references**: Any mention of the old name in existing laws, legal documents, church rules, wills, and property deeds is automatically read as referring to the new name.\n- **Protects the church's property and rights**: Nothing in this law affects the church's ownership of property, its legal powers, or any court cases involving the church.\n- **Protects the name**: After six months from when the law takes full effect, it's illegal for anyone to use the names \"Church of England\", \"Church of England in Australia\", \"Anglican Church of Australia\", or the word \"Anglican\" for business purposes without permission from the church's governing body (the General Synod). Breaking this rule carries a small fine (1 penalty unit).\n\n**Who it affects:**\n- Members of the Anglican Church of Australia\n- Anyone holding property or legal documents referring to the old church name\n- Businesses or individuals who might want to use \"Anglican\" in their trading name\n\n**Why it matters:**\nThis law reflects a shift in identity. The term \"Anglican\" is more widely recognised internationally and better represents the church's connection to the worldwide Anglican Communion, rather than suggesting it's simply the English church in Australia. It ensures all legal documents remain valid despite the name change and protects the church's brand from unauthorised commercial use."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/anglican-church-of-australia-act-1976","history":"/api/acts/anglican-church-of-australia-act-1976/history","analysis":"/api/acts/anglican-church-of-australia-act-1976/analysis","conflicts":"/api/acts/anglican-church-of-australia-act-1976/conflicts","importantCases":"/api/acts/anglican-church-of-australia-act-1976/important-cases","documents":"/api/acts/anglican-church-of-australia-act-1976/documents"}}