{"id":"a-1961-16","name":"Anglican Church of Australia Constitution Act 1961","slug":"anglican-church-of-australia-constitution-act-1961","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"16 of 1961","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23034,"registerId":"act-a-1961-16-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Anglican Church of Australia Constitution Act 1961","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAnglican Church of Australia\nConstitution Act 1961\nA1961-16\nRepublication No 5\nEffective: 1 July 2017\nRepublication date: 1 July 2017\nLast amendment made by A2017-7\n(republication for amendments by A2017-7\nand correction to include the schedule)\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Anglican Church of Australia Constitution Act 1961 (including\nany amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force\non 1 July 2017. It also includes any commencement, amendment, repeal or expiry affecting this\nrepublished law to 1 July 2017.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $150 for\nan individual and $750 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAnglican Church of Australia\nConstitution Act 1961\nContents\nPage\n1AA Name of Act 2\n1A Application of Legislation Act 2\n2 Constitution, canons and rules to be binding for Church property\npurposes 2\n3 Effect of canons and rules 2\n8 Administration of customary oaths 3\n9 Powers of tribunal under Constitution, ch 9 3\nSchedule The Constitution of the Anglican Church of\nAustralia 4\nPart I 4\nChapter I Fundamental Declarations 4\nChapter II Ruling Principles 4\n\nContents\nPage\ncontents 2 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart II The Government of the Church 7\nChapter III Of the Bishops 7\nChapter IV Of General Synod— 9\nComposition and Procedure 9\nSessions 11\nRecords and Seal 12\nChapter V Of the Powers of General Synod 13\nChapter VI Committees Boards and Commissions 18\nChapter VII The Provinces and Provincial Synods 20\nProvinces 20\nProvincial Synods 20\nChapter VIII The Dioceses and Diocesan Synods 21\nDioceses 21\nDiocesan Synods 23\nConsent of Diocese to Alteration 24\nChapter IX The Tribunals 25\nChapter X The Corporate Trustees 33\nChapter XI The Alteration of this Constitution 34\nChapter XII The Operation of this Constitution 36\nEndnotes\n1 About the endnotes 45\n2 Abbreviation key 45\n3 Legislation history 46\n4 Amendment history 48\n5 Earlier republications 49\n\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAnglican Church of Australia\nConstitution Act 1961\n\nSection 1AA\npage 2 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1AA Name of Act\nThis Act is the Anglican Church of Australia Constitution Act 1961.\n1A Application of Legislation Act\nThe Legislation Act 2001 does not apply to instruments made under\nthis Act.\n2 Constitution, canons and rules to be binding for Church\nproperty purposes\nThe several articles and provisions of the Constitution contained in\nthe Schedule to this Act (the Constitution) and any canons and rules\nto be made under or by virtue or in pursuance thereof are and as\nprovided in the Constitution shall be for all purposes connected with\nor in any way relating to the property of the Anglican Church of\nAustralia binding on the Bishops, clergy and laity, being members\nof the Anglican Church of Australia in the Diocese within the ACT.\n3 Effect of canons and rules\nAny canon or rule made under or by virtue or in pursuance of the\nsaid Constitution which contravenes any law or statute in force for\nthe time being in the ACT, shall to the extent of such contravention\nbe incapable of having any force or effect.\n\nSection 8\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Administration of customary oaths\nIt shall be lawful for any Bishop Commissary Administrator\nChancellor Archdeacon or Registrar holding office in any Diocese\nof the Anglican Church of Australia to administer to any Bishop\nClergyman or member of the said Church the oath or oaths\ncustomarily used heretofore at the ordaining of deacons or priests,\nconsecration or enthronement of bishops institution of clergy to a\ncure of souls in a parish or other ecclesiastical district installation\ninduction or collation to any office on the grant of any License in\nthe said Church in the ACT and it shall be lawful for such persons to\ntake or make such oath or oaths.\n9 Powers of tribunal under Constitution, ch 9\n(1) A tribunal mentioned in the Constitution, chapter 9 is taken to be an\narbitral tribunal within the meaning of the Commercial\nArbitration Act 2017 for—\n(a) securing the attendance of witnesses; and\n(b) the production of documents; and\n(c) the taking of evidence of a witness on oath.\nNote Oath includes affirmation and swear an oath includes make an\naffirmation (see Legislation Act, dict, pt 1).\n(2) A party to a proceeding before a tribunal mentioned in\nsubsection (1), or any person permitted by the tribunal to submit any\nevidence to it, is taken to be a party to a reference or submission to\nan arbitration within the meaning of the Commercial Arbitration Act\n2017.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart I\npage 4 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule The Constitution of the\nAnglican Church of Australia\n(see s 2)\nPart I\nChapter I Fundamental Declarations\n1. The Anglican Church of Australia being a part of the one Holy\nCatholic and Apostolic Church of Christ, holds the Christian Faith\nas professed by the Church of Christ from primitive times and in\nparticular as set forth in the creeds known as the Nicene Creed and\nthe Apostles’ Creed.\n2. This Church receives all the canonical scriptures of the Old and\nNew Testaments as being the ultimate rule and standard of faith\ngiven by inspiration of God and containing all things necessary for\nsalvation.\n3. This Church will ever obey the commands of Christ, teach His\ndoctrine, administer His sacraments of Holy Baptism and Holy\nCommunion, follow and uphold His discipline and preserve the\nthree orders of bishops, priests and deacons in the sacred ministry.\nChapter II Ruling Principles\n4. This Church, being derived from the Church of England, retains and\napproves the doctrine and principles of the Church of England\nembodied in the Book of Common Prayer together with the Form\nand Manner of Making Ordaining and Consecrating of Bishops,\nPriests and Deacons and in the Articles of Religion sometimes\ncalled the Thirty nine Articles but has plenary authority at its own\ndiscretion to make statements as to the faith ritual ceremonial or\ndiscipline of this Church and to order its forms of worship and rules\n\nThe Constitution of the Anglican Church of Australia Schedule\nPart I\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nof discipline and to alter or revise such statements, forms and rules,\nprovided that all such statements, forms, rules or alteration or\nrevision thereof are consistent with the Fundamental Declarations\ncontained herein and are made as prescribed by this Constitution.\nProvided, and it is hereby further declared that the above-named\nBook of Common Prayer, together with the Thirty-Nine Articles, be\nregarded as the authorised standard of worship and doctrine in this\nChurch, and no alteration in or permitted variations from the\nServices or Articles therein contained shall contravene any principle\nof doctrine or worship laid down in such standard.\nProvided further that until other order be taken by canon made in\naccordance with this Constitution, a Bishop of a Diocese may, at his\ndiscretion, permit such deviations from the existing Order of\nService, not contravening any principle of doctrine or worship as\naforesaid, as shall be submitted to him by the Incumbent and\nChurchwardens of a parish.\nProvided also that no such request shall be preferred to the Bishop\nof a Diocese until the Incumbent and a majority of the parishioners\npresent and voting at a meeting of parishioners, duly convened for\nthe purpose, shall signify assent to such proposed deviations. Such\nmeeting shall be duly convened by writing, placed in a prominent\nposition at each entrance to the Church and by announcement at the\nMorning and Evening Services, or at the service if only one, at least\ntwo Sundays before such meeting, stating the time and place of such\nmeeting, and giving full particulars of the nature of the proposed\ndeviation.\n5. Subject to the Fundamental Declarations and the provisions of this\nChapter this Church has plenary authority and power to make\ncanons, ordinances and rules for the order and good government of\nthe Church, and to administer the affairs thereof. Such authority and\npower may be exercised by the several synods and tribunals in\naccordance with the provisions of this Constitution.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart I\npage 6 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6. This Church will remain and be in communion with the Church of\nEngland in England and with Churches in communion therewith so\nlong as communion is consistent with the Fundamental Declarations\ncontained in this Constitution.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart II The Government of the Church\nChapter III Of the Bishops\n7. A diocese shall in accordance with the historic custom of the One\nHoly Catholic and Apostolic Church continue to be the unit of\norganisation of this Church and shall be the see of a bishop.\n8. There shall be a bishop of each diocese who shall be elected as may\nbe prescribed by or under the constitution of the diocese, provided\nthat the election shall as to the canonical fitness of the person\nelected be subject to confirmation as prescribed by ordinance of the\nprovincial synod, or if the diocese is not a part of a province then as\nprescribed by canon of general synod.\nDuring any vacancy in the office or incapacity of the bishop of any\ndiocese or during his absence from the diocese for a period\nexceeding thirty days the authorities powers rights and duties\nconferred or imposed on him by this constitution shall be exercised\nby the person appointed by or under the constitution of the diocese\nto administer the affairs of the diocese.\nGeneral synod may by canon confer upon a bishop of a diocese the\ntitle of Archbishop provided that such canon shall be carried by an\naffirmative vote of at least two-thirds of the members of each house\nand shall receive the approval of all the Metropolitans.\n9. There shall be a Metropolitan (to be called Archbishop) of each\nprovince of this Church who shall hold office as prescribed by any\nAct of Parliament or by the constitution of the province or by\nordinance of the provincial synod.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 8 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDuring any vacancy in the office or incapacity of the Metropolitan\nof any province, or during his absence from the province for a\nperiod exceeding thirty days the authorities powers rights and duties\nof the Metropolitan under this Constitution shall be exercised by the\nsenior diocesan bishop of the province at the time in the province\nable and willing to act, seniority being determined by the date of\nconsecration.\n10. There shall be a Primate of this Church who shall be elected and\nhold office as may be prescribed by canon of the general synod.\nDuring any vacancy in the office or incapacity of the Primate or\nduring his absence from Australia for a period exceeding thirty days,\nthe authorities powers rights and duties of the Primate under this\nConstitution shall be exercised by the senior Metropolitan at the\ntime in Australia able and willing to act, or if there is no\nMetropolitan able and willing to act, then by the senior diocesan\nbishop at the time in Australia able and willing to act, seniority in\nevery case being determined by the date of consecration.\n11. The Primate Metropolitans and diocesan bishops may apart from\ntheir meetings as a house of bishops of the general synod meet from\ntime to time for the discharge of the functions assigned to a meeting\nof them under this Constitution.\n12. Such a meeting of the said bishops shall be convened by the Primate\non his own initiative or at the request in writing of not less than one-\nthird of the bishops, and shall have power to regulate its own\nbusiness.\n13. The presence of at least one half of the said bishops shall be\nnecessary to constitute such a meeting of the bishops for the\ndischarge of its functions under this Constitution.\n14. A certificate signed by the Primate or Metropolitan or Bishop\npresiding in the absence of the Primate and purporting to state a\ndecision of such a meeting of the bishops or the votes of individual\nbishops shall be evidence of the matters so stated.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter IV Of General Synod—\nComposition and Procedure\n15. General synod shall consist of the house of bishops, the house of\nclergy and the house of laity.\nThe three houses shall sit together in full synod and shall deliberate\nand transact business therein and shall vote together unless a vote by\nhouses is required by not less than five members of the house of\nbishops or by ten members of the house of clergy, or by ten\nmembers of the house of laity.\nIn the event of a vote by houses being required, all questions shall\nbe put first to the house of laity, then to the house of clergy, and\nfinally to the house of bishops and no question shall be deemed to\nbe resolved in the affirmative by general synod unless it is so\nresolved by a vote of the majority of those present in each of the\nthree houses.\nA house by a majority of its members voting may decide to consider\nseparately any matter in debate whereupon further discussion of the\nmatter shall be postponed until there has been an opportunity of\nseparate consideration.\n16. The house of bishops shall be composed of the Primate,\nMetropolitans and diocesan bishops.\n17. (1) The house of clergy shall be composed of clerical representatives of\neach diocese.\n(2) The house of laity shall be composed of lay representatives of each\ndiocese.\n(3) Clerical and lay representatives of a diocese shall be elected or\nappointed, and any vacancy in the place of a representative shall be\nfilled at such time and in such manner as may be prescribed by or\nunder the constitution of the diocese.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 10 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The number of representatives shall be determined in accordance\nwith the table annexed to this Constitution.\n(5) Every bishop or priest shall be qualified to be a clerical\nrepresentative of a diocese if he is resident therein at the date of his\nappointment and holds a licence from the diocesan bishop, provided\nhowever that the qualification of residence in the diocese shall not\nbe necessary in the case of a missionary diocese or a diocese having\nless than thirty-one clergymen resident and duly licensed to officiate\ntherein.\n(6) Every layman who is not under the age of twenty-one years and is a\ncommunicant of this Church shall be qualified to be a lay\nrepresentative of a diocese, whether he does or does not reside\ntherein.\n(7) The bishop of each diocese shall certify and transmit to the Primate\na list of names and addresses of the clerical and lay representatives\nof the diocese.\nIn the event of any change in the representation of a diocese the\nbishop shall certify and transmit to the Primate a supplementary list\nshowing the change.\nAny list or supplementary list so certified shall be evidence that a\nrepresentative therein named is entitled to be such representative\nunless a subsequent list shows that he has ceased to be a\nrepresentative.\n18. General synod in such manner as it may deem proper may determine\nwhether any person who claims to be a member of the synod or of\nany house is entitled to be a member thereof and whether he has\nbeen duly and lawfully elected appointed or summoned to the\nsynod.\n19. (1) General synod may proceed to the despatch of business\nnotwithstanding the failure of any diocese to provide for its\nrepresentation in the synod and notwithstanding a vacancy in the\noffice of Primate or a Metropolitan or a diocesan bishop.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) No canon rule act or exercise of power of general synod shall be\nvitiated by reason only of the fact that any person to be elected\nappointed or summoned to the synod has not been elected appointed\nor summoned, or by reason only of any informality with respect of\nthe election appointing or summoning.\n20. The Primate or in his absence the senior Metropolitan present, or if\nthere is no Metropolitan present, the senior diocesan bishop present\nshall be President of the house of bishops and of general synod,\nseniority in every case being determined by the date of consecration.\nThe President may take part in any discussion and vote on any\nquestion.\n21. Until general synod otherwise prescribes the presence of at least\nseven members of the house of bishops and at least fifteen members\nof the house of clergy representing not less than seven dioceses and\nof at least fifteen members of the house of laity representing not less\nthan seven dioceses shall be necessary to constitute a meeting of\ngeneral synod for the exercise of its powers.\n22. At each session of synod the house of clergy and the house of laity\nshall elect its own chairman and such other officers as it considers\nnecessary.\nSessions\n23. Until general synod by canon otherwise prescribes:\n(a) Ordinary sessions of synod shall be held at intervals not\nexceeding four years, and at such time and place as synod may\nby resolution appoint or failing any such resolution then as the\nstanding committee of synod may by resolution appoint\nprovided that the standing committee of synod may on grounds\nof emergency or other special grounds by resolution defer the\nsummoning of synod for a period exceeding four years from\nthe previous synod but not exceeding twelve months from the\ndate of such resolution and may do so from time to time\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 12 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nprovided further that synod shall meet at least once in every six\nyears.\n(b) A special session of synod shall be convened by the Primate at\nthe request in writing of not less than one-half of the members\nof the house of bishops or of one-third of the members of the\nhouse of clergy or of one-third of the members of the house of\nlaity or upon a resolution of the standing committee;\n(c) At least four months before the time for any ordinary session\nof synod the Primate shall by mandate under his hand and seal\nsummon the diocesan bishops, and require them to convene the\nprescribed number of clerical and lay representatives of their\nrespective dioceses at the appointed time and place;\n(d) The procedure and powers of synod in a special and an\nordinary session shall be the same, provided that in a special\nsession no business other than the business specified in the\nmandate shall be transacted.\nRecords and Seal\n24. The proceedings of general synod shall be duly recorded and be\nauthenticated by the signature of the President.\nEvery canon of general synod shall be printed in duplicate, and each\nduplicate shall be certified as correct by the President, the chairman\nof committees and the secretaries of the synod, authenticated by the\nofficial seal, and filed in books.\n25. (1) General synod shall have an official seal, which shall be judicially\nnoticed.\nThe seal shall not be used to authenticate any canon rule resolution\ninstrument or document or any copy thereof except upon a\nresolution of synod or of the standing committee of synod and by\nand in the presence of at least three members of the said committee.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Any canon rule resolution instrument or document authenticated by\nthe official seal shall be admissible in evidence without further\nproof.\nA document purporting to be a copy of any canon rule or resolution\nso authenticated and purporting to be certified by at least three\nmembers of the standing committee as a true copy shall be evidence\nof the canon rule or resolution and be admissible in evidence\nwithout further proof.\nChapter V Of the Powers of General Synod\n26. Subject to the terms of this Constitution synod may make canons\nrules and resolutions relating to the order and good government of\nthis Church including canons in respect of ritual, ceremonial and\ndiscipline and make statements as to the faith of this Church and\ndeclare its view on any matter affecting this Church or affecting\nspiritual, moral or social welfare, and may take such steps as may be\nnecessary or expedient in furtherance of union with other Christian\nCommunions.\n27. A canon shall be made by a bill passed in accordance with the\nfollowing procedure:\n(i) The bill shall have been circulated to each diocese at least three\nmonths before the first day of the session of synod at which the\nbill is to be presented, provided that the standing committee\nmay allow a shorter period of notice but not less than one\nmonth and provided further that general synod by an\naffirmative vote in each house of at least three-fourths of the\nmembers present may declare any bill to be a matter of\nurgency and permit it to be included in the agenda without\nprevious notice.\n(ii) (a) After the bill has been read and passed a first and second\ntime, it shall be considered in committee and reported\nback with or without amendment;\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 14 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) The bill shall be read and passed a third time provided\nhowever a special bill shall follow the procedure\nhereinafter appointed.\n28. (1) A bill which deals with or concerns the ritual ceremonial or\ndiscipline of this Church shall follow the procedure of this section as\na special bill unless synod by a vote in each house of at least three-\nfourths of the members present decides that it need not proceed as a\nspecial bill.\n(2) In the case of other bills if not less than twenty-five members of\ngeneral synod petition the President that a bill should be treated as a\nspecial bill the President shall put to general synod the motion that it\nbe so treated and if general synod so decides the bill shall be dealt\nwith as a special bill.\n(3) Special bills shall be dealt with as follows:\n(i) A special bill after the first and second readings and the\ncommittee stage have been concluded shall be submitted for a\nprovisional third reading and if the bill is then approved by a\nvote of at least two-thirds of the members of each of the three\nhouses present it shall stand as a canon provisionally made.\n(ii) The provisional canon shall then be referred to the synod of\neach diocese for its consideration and each diocesan synod\nshall submit to the President within a period specified by canon\nor by the provisional canon its assent to or dissent from the bill\ntogether with such report and recommendations as it may think\nfit.\n(iii) If every diocesan synod reports that it assents to the provisional\ncanon the President shall so declare and thereupon it shall be a\ncanon duly passed, otherwise the reports and recommendations\nreceived from the diocesan synods shall be presented to\ngeneral synod which shall recommit the provisional canon as a\nbill to a further second reading and committee stage.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iv) If on the subsequent third reading the bill is approved by at\nleast two-thirds of the members of each of the three houses\npresent it shall be a canon, unless general synod immediately\nbefore the vote is taken by a majority of the three houses\nvoting together shall declare that such reading shall be\nprovisional only whereupon the procedure given above shall\nagain be followed.\n29. If not less than one fourth of the members of the general synod or\none third of the members of the house of bishops or of the house of\nclergy or of the house of laity petition the President that a canon\nduly made is in whole or in part inconsistent with any part or parts\nof the Fundamental Declarations or Ruling Principles of the\nConstitution or that a canon deals with or concerns ritual ceremonial\nor discipline of this Church and has not been passed in accordance\nwith section 28 (1) hereof, the President shall refer the question to\nthe appellate tribunal and in the meantime the canon shall not come\ninto force. If the tribunal finds no inconsistency or no breach of\nSection 28 (1) as the case may be, the President shall thereupon\ndeclare the canon to be in force. If the tribunal finds inconsistency\nor breach of Section 28 (1), it shall report to general synod the\nnature of the inconsistency or breach giving its reasons and may, if\nit thinks fit, indicate what amendments, if any, would remove the\ninconsistency or avoid the breach, and unless and until such\namendments are made by general synod the canon shall not come\ninto force.\n30. Subject to the preceding section and unless the canon itself\notherwise provides, a canon duly passed by general synod shall\ncome into force on and from a date appointed by the President,\nbeing not later than one calendar month from the date upon which\nthe canon was passed. The canon as on and from the appointed date\nshall apply to every diocese of this church and any ordinance of any\ndiocesan synod inconsistent with the canon shall to the extent of the\ninconsistency have no effect.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 16 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nProvided that:\n(a) Any canon affecting the ritual, ceremonial or discipline of this\nChurch shall be deemed to affect the order and good\ngovernment of the Church within a diocese, and shall not come\ninto force in any diocese unless and until the diocese by\nordinance adopts the said canon.\n(b) If general synod declares that the provisions of any other canon\naffect the order and good government of the Church within, or\nthe church trust property of a diocese, such canon shall not\ncome into force in any diocese unless and until the diocese by\nordinance adopts the said canon.\n(c) If general synod should not so declare the synod of a diocese or\nthe diocesan council may declare its opinion that the provisions\nof the said canon affect the order and good government of the\nchurch within or the church trust property of such diocese and\nnotify the President within one month thereafter and then the\nfollowing provisions shall apply:\n(i) If the said diocesan synod or council declare its opinion\nas aforesaid within a period of two years from the date of\nthe passing of the said canon and the standing committee\nadvises the President that it agrees with the said opinion\nthe canon shall not and shall be deemed not to have come\ninto force in such diocese unless and until it is adopted by\nordinance of the diocesan synod;\n(ii) If the said diocesan synod or council declare its opinion at\nany time after the expiration of the said period of two\nyears and the standing committee advises the President\nthat it agrees with the said opinion the said canon shall\ncease to apply to the said diocese as from the date of the\nsaid declaration and shall not after such date again come\ninto force in such diocese unless and until it is adopted by\nordinance of the diocesan synod;\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) If the standing committee in either case should not so\nadvise the President he shall refer the question raised by\nthe said opinion to the appellate tribunal for its\ndetermination and unless the appellate tribunal determines\nthe question in the negative the canon shall be deemed not\nto have come into force in the said diocese in the first\ncase or to have force or effect in the said diocese after the\ndate of the said declaration in the second case until the\ndiocesan synod by ordinance adopts the said canon.\n(d) Any canon adopted as aforesaid by a diocesan synod may by\nordinance be excluded at a subsequent date.\n31. If any question shall be raised as to the inconsistency of any canon\nrule resolution or statement of general synod with the Fundamental\nDeclarations or the Ruling Principles the Primate may and at the\nwritten request of twenty-five members of the general synod shall\nrefer the question to the appellate tribunal hereinafter constituted\nwhose opinion thereon shall be final.\n32. (1) Synod shall not make any canon or rule imposing any financial\nliability on any diocese except in accordance with this section.\n(2) Synod may by canon or rule provide for the costs charges and\nexpenses in or in connection with—\n(a) The carrying into effect of this Constitution;\n(b) The holding of synod and the conduct of its business;\n(c) The meetings of the standing committee and of any other\ncommittee, board or commission appointed by synod;\n(d) The sittings of the appellate tribunal to hear and determine any\nappeal question or matter made or referred to it and the sittings\nof the special tribunal to hear and determine any charge\nbrought before it;\n(e) The maintenance of the registry of the Primate, and primatial\ntravelling expenses.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 18 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) The election or appointment of the corporate trustees and the\nadministration of the affairs of the body corporate.\nProvided that synod may make any canon or rule imposing a\nfinancial liability on any diocese which by ordinance assents to the\nsame including the costs charges and expenses in or in connection\nwith the conduct of the affairs of any board institution or body set\nup by the synod and provided also that any financial liability\naccepted by a diocese under any determination rule or regulation\ncontinued in operation under Section 71 hereof shall remain unless\nor until it is replaced by or under the provisions of this Constitution.\n33. (1) General synod may make rules prescribing anything necessary or\nconvenient for carrying out and giving effect to any canon or for\ncontrolling and regulating the administration of its affairs, and in\nparticular may make rules prescribing—\n(a) The procedure for any election or appointment to be made by\nor under the authority of synod to any office;\n(b) The authorities powers rights and duties of any officer\ncommittee board or commission of synod.\nA rule shall be made by resolution after notice has been duly given\nin accordance with the standing orders.\n(2) General synod may regulate the conduct of its business under\nstanding orders or otherwise as it may deem proper.\nChapter VI Committees Boards and\nCommissions\n34. There shall be a standing committee of general synod which shall\nconsist of so many members not less than ten as may be prescribed\nby any rule of synod.\nThe members of the committee shall be elected or appointed and\nshall hold office as may be prescribed by any rule of the synod.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nThe seal books and records of general synod shall be in the care and\ncontrol of the standing committee.\n35. General synod shall appoint such boards of assessors as may be\nrequired for the purposes of this Constitution and may appoint any\ncommittee board or commission that it may deem proper for\ncarrying out or giving effect to any canon rule or resolution of\nsynod, and the following provisions of this section shall apply to a\nboard of assessors as well as to any such committee board or\ncommission.\nUnless otherwise provided by any canon or rule of synod—\n(a) The committee board or commission may include or consist of\npersons who are not members of synod;\n(b) The members of the committee board or commission shall be\nelected or appointed and shall hold office as may be\ndetermined by resolution of synod but shall not, unless the\nresolution so provide, cease to be members of the committee\nboard or commission by reason only of ceasing to be members\nof synod;\n(c) The committee board or commission shall have such powers\nand duties as may be conferred or imposed by resolution of\nsynod.\n(d) The committee board or commission may, if synod by\nresolution so directs, continue to exist and to exercise and\nperform its powers and duties, until the expiration of the first\nweek of the next following ordinary session of synod.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 20 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter VII The Provinces and Provincial Synods\nProvinces\n36. A province of the Church of England in the Dioceses of Australia\nand Tasmania shall subject to this Constitution continue as at the\ndate on which this Constitution takes effect, until altered in\naccordance therewith.\n37. A new province may be formed by any four or more dioceses\nassociating for that purpose, provided that the formation of the\nprovince is approved by ordinance of the diocesan synod of each of\nsuch dioceses, and ratified by canon of general synod. Nevertheless\ngeneral synod may upon a petition preferred to it by less than four\ndioceses declare that such petitioning dioceses may proceed under\nthis section and the same shall then apply to them accordingly.\n38. A province may be altered in accordance with the constitution of the\nprovince either by an increase or by a decrease in the number of\ndioceses forming the province, provided that the alteration shall not\ntake effect until ratified by canon of general synod.\nProvincial Synods\n39. The constitution of each province of the Church of England in the\nDioceses of Australia and Tasmania shall subject to this\nConstitution continue as at the date on which this Constitution takes\neffect, until altered in accordance with the provisions of this\nConstitution.\n40. The constitution of a new province may provide either for a\nprovincial synod or for a provincial council, and in either case may\ncontain such provisions as the diocesan synod of each of the\ndioceses to be included in the province may think fit, provided that\nthe constitution shall not take effect until ratified by canon of the\ngeneral synod.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n41. The constitution of a province may be altered in accordance\ntherewith, or with the consent of all the dioceses of the province\ngiven by ordinance of the synod of each diocese, provided that the\nalteration shall not take effect until ratified by canon of general\nsynod.\nThis section extends to altering the constitution of a province by\nsubstituting a provincial council for a provincial synod, or by\nsubstituting a provincial synod for a provincial council.\n42. A provincial synod or a provincial council shall have such powers\nfor the order and good government of this church, within the\nprovince as may be prescribed by the constitution of the province.\nChapter VIII The Dioceses and Diocesan Synods\nDioceses\n43. A diocese of the Church of England in Australia and Tasmania shall\nsubject to this constitution continue as at the date on which this\nConstitution takes effect, until altered in accordance therewith.\n44. (1) A new diocese may be formed in any of the following ways, that is\nto say—\n(a) by separation of territory from a diocese;\n(b) by the union of two or more dioceses or parts of dioceses;\n(c) out of territory in Australia which is not part of any diocese,\nand either out of such territory alone or out of such territory\ntogether with any diocese or part of a diocese;\n(d) as a missionary diocese, whether within or outside Australia.\n(2) Where a new diocese is formed by separation of territory from a\ndiocese or by the union of two or more dioceses or parts of dioceses,\nthe proposal to form the new diocese may be initiated by the diocese\nor dioceses concerned or by the province, if any, in which the\ndiocese or dioceses are included but the new diocese shall not be\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 22 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nformed unless such diocese or dioceses and province, if any, agree\nby ordinance of their respective synods that the new diocese shall be\nformed, and general synod by canon ratify the formation of the new\ndiocese.\n(3) In any other case the proposal to form a new diocese may be\ninitiated in general synod, but where any diocese or part of a diocese\nis to be included, the new diocese shall not be formed unless the\nsynod of the diocese and the synod of the province in which the\ndiocese is included concur by ordinance and the new diocese shall\nbe deemed to be formed as general synod may by canon determine.\n(4) Upon the formation of a new diocese any church trust property\nallocated to the new diocese by ordinance of the synod of any\ndiocese concerned, and any church trust property allocated to the\nnew diocese by canon of general synod in any case where a diocese\nis not concerned, shall by virtue of the ordinance or canon, as the\ncase may be, and without any other assurance in the law, be held by\nand be vested in the trustees then or thereafter appointed for the\npurpose and upon and subject to the trusts affecting the same, but\nfor the use benefit and purposes of this Church within the new\ndiocese.\n45. (1) A diocese may by ordinance surrender the whole or any part of its\nterritory to any other diocese, and that other diocese may by\nordinance accept the territory so surrendered. Provided however a\ndiocese which has been formed by the separation of territory from a\ndiocese or dioceses shall not surrender such territory to any diocese\nother than the diocese from which the territory was last separated\nwithout the consent of such last-mentioned diocese given by an\nordinance of the synod thereof.\nThe surrender and acceptance may be made upon such terms and\nconditions, including the allocation of church trust property as may\nbe agreed upon by ordinance made by the dioceses concerned.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A diocese may by ordinance alter its boundaries so as to include\nterritory which is not part of any diocese or so as to exclude territory\notherwise than by surrender to another diocese.\n(3) Any surrender or alteration under this section shall not take effect\nuntil ratified by or under canon of general synod.\n46. General synod may by canon admit to the synod any diocese the\nterritory of which is partly or wholly outside Australia and may\nupon such admission impose such terms and conditions, including\nthe extent of representation in the house of clergy and in the house\nof laity, as the synod thinks fit.\nDiocesan Synods\n47. The constitution of each diocese of the Church of England in\nAustralia and Tasmania shall subject to this Constitution continue as\nat the date on which this Constitution takes effect, until altered in\naccordance therewith.\n48. The constitution of a new diocese shall provide for the election or\nappointment of the first bishop of the diocese and shall contain such\nother provisions as may be deemed necessary or convenient,\nwhether set forth expressly or adopted by reference to the provisions\nset forth in a canon of general synod, or adopted by reference to the\nprovisions of the constitution of any other diocese, and whether so\nadopted with or without modifications and additions.\nThe constitution of the new diocese shall not take effect until\nratified by or under canon of general synod.\n49. In a missionary diocese or in a diocese in which less than ten priests\nare licensed if there be no diocesan synod and until general synod\nby or under any canon otherwise prescribes there shall be a diocesan\ncouncil with such constitution as general synod thinks fit.\nIf in any diocese in which there is no provision for a synod the\noffice of the bishop become vacant, the office shall be filled as\nprescribed by canon of general synod, or if there is no such canon,\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 24 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nthen in accordance with the provisions under which the last election\nor appointment was made.\nIf in any diocese there is no synod or diocesan council the general\nsynod may by canon appoint a synod or council.\n50. The constitution of a diocese may be altered in accordance therewith\nor as the synod of the diocese may by ordinance determine in\naccordance with any canon of general synod.\n51. Subject to this Constitution a diocesan synod may make ordinance\nfor the order and good government of this church within the diocese,\nin accordance with the powers in that behalf conferred upon it by\nthe constitution of such diocese.\nConsent of Diocese to Alteration\n52. (1) Notwithstanding any provision to the contrary contained in this\nconstitution or anything done thereunder general synod shall not\nwithout the assent by ordinance of the diocese concerned alter or\npermit the alteration of—\n(a) The constitution or boundaries of a diocese or any of the\npowers rights or duties of the synod of a diocese or of any\ndiocesan society council board agency or authority, including\nthe powers rights and duties relating to church trust property\nand the rights of a diocese with regard to the election of its\nbishop;\n(b) The qualifications or mode of election of the representatives of\na diocese in general synod;\n(c) The status of any diocese as a metropolitan see or the title to or\ntenure of office of any metropolitan.\n(2) Except with its own assent by ordinance no metropolitan see shall\ncease to be a metropolitan see or to have associated with it three\ndioceses.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter IX The Tribunals\n53. There shall be a diocesan tribunal of each diocese, the special\ntribunal and the appellate tribunal, and there may be a provincial\ntribunal of any province.\n54. (1) A diocesan tribunal shall be the court of the bishop and shall consist\nof a president, who shall be the bishop, or a deputy president\nappointed by him and not less than two other members as may be\nprescribed by ordinance of the synod of the diocese.\nThe members other than the president and deputy president shall be\nelected in such manner, hold office for such period, have such\nqualifications and be subject to such disqualifications, and vacancies\nshall occur and be filled in such manner, as may be prescribed by\nordinance of the synod of the diocese.\nIn any province the provincial synod if so requested by the synod of\na diocese may by ordinance of the provincial synod prescribe any\nmatter directed or permitted by this section to be prescribed by\nordinance of the synod of the diocese, provided that the synod of the\ndiocese may at any time otherwise prescribe.\n(2) A diocesan tribunal shall in respect of a person licensed by the\nbishop of the diocese, or any other person in holy orders resident in\nthe diocese, have jurisdiction to hear and determine charges of\nbreaches of faith ritual ceremonial or discipline and of such offences\nas may be specified by any canon ordinance or rule.\n(3) A person appointed by the bishop of a diocese or any five adult\ncommunicant members of this Church resident within the diocese\nmay promote a charge against any person licensed by the bishop of\nthe diocese or against any other person in holy orders resident in the\ndiocese in respect of breach of faith ritual or ceremonial either\nbefore the diocesan tribunal or before the provincial tribunal in its\noriginal jurisdiction. Provided that if a charge be preferred against\nan incumbent of a parish with reference to an offence alleged to\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 26 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nhave been committed within that parish the aforesaid communicants\nshall be bona fide parishioners of that parish.\nProvided further that before any charge relating to faith ritual or\nceremonial be heard by the tribunal it shall be referred to a board of\nenquiry appointed by ordinance of the diocesan synod and may\nproceed to a hearing if the said board allows it as a charge proper to\nbe heard.\n(4) In matters involving any question of faith ritual ceremonial or\ndiscipline an appeal shall lie from the determination of a diocesan\ntribunal to the appellate tribunal, provided that in any province in\nwhich there is a provincial tribunal and an appeal thereto is\npermitted by ordinance of the diocesan synod, an appeal may lie in\nthe first instance to the provincial tribunal, and provided that in any\nsuch case an appeal shall lie from the determination of the\nprovincial tribunal to the appellate tribunal.\nIn other matters an appeal shall lie in such cases as may be\npermitted by ordinance of the diocesan synod from a determination\nof the diocesan tribunal to the provincial tribunal, if any, or to the\nappellate tribunal, and from a determination of the provincial\ntribunal to the appellate tribunal.\n55. (1) A provincial tribunal shall consist of a president who shall be the\nMetropolitan, or a deputy president appointed by him, and not less\nthan two other members as may be prescribed by ordinance of the\nsynod of the province.\nThe members other than the president or deputy president shall be\nelected in such manner, hold office for such period, have such\nqualifications and be subject to such disqualifications and vacancies\nshall occur and be filled in such manner, as may be prescribed by\nordinance of the synod of the province.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A provincial tribunal shall have jurisdiction to hear and determine\nappeals from any determination of any diocesan tribunal of the\nprovince in any case in which an appeal lies therefrom to the\nprovincial tribunal.\nEvery appeal to a provincial tribunal shall be by way of rehearing.\n(3) A provincial tribunal shall, in respect of a person licensed by the\nbishop of a diocese within the province, have original jurisdiction to\nhear and determine charges of breaches of faith ritual ceremonial or\ndiscipline, and of such offences as may be specified by any canon\nordinance or rule, provided that such original jurisdiction shall not\nbe exercised except as prescribed by ordinance of the synod of the\ndiocese.\n(4) An appeal shall lie to the appellate tribunal from a determination of\na provincial tribunal in its original jurisdiction.\n56. (1) The special tribunal shall consist of a president and not less than two\ndiocesan bishops as hereinafter appointed.\nThe Primate shall be the president, or if he is not entitled to act, the\nMetropolitan or bishop who would exercise the authorities powers\nrights and duties of the Primate, if the office were then vacant, shall\nbe the president.\nNo person by or against whom the charge is brought shall be a\nmember of the tribunal.\n(2) The special tribunal shall have jurisdiction to hear and determine\ncharges against any member of the house of bishops of breaches of\nfaith ritual ceremonial or discipline and of such offences as may be\nspecified by canon.\n(3) Before determining any charge the tribunal shall consult a board of\nassessors, being bishops, priests and laymen, as hereinafter\nappointed.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 28 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nThe members of the special tribunal (other than the President) and\nthe members of the board of assessors shall be appointed in such\nmanner hold office for such period and be subject to such\ndisqualifications and vacancies shall occur and be filled in such\nmanner as may be prescribed by or under canon of general synod.\n(4) An appeal shall lie from the determination of the special tribunal to\nthe appellate tribunal.\n57. (1) The appellate tribunal shall consist of seven members three of\nwhom shall be diocesan bishops and four of whom shall be laymen.\nThe members shall be appointed by the general synod as follows,\nthat is to say, a bishop and a layman on the nomination of the house\nof bishops, a bishop and a layman on the nomination of the house of\nclergy and a bishop and two laymen on the nomination of the house\nof laity.\nA president and deputy president shall as often as may be necessary\nbe chosen from among the lay members of the tribunal by the house\nof bishops, or, if general synod be not in session, by a meeting of the\nmembers of the house of bishops.\nA layman shall not be a member unless he is qualified to be a lay\nrepresentative of a diocese and is or has been a Justice of the High\nCourt of Australia, a Justice of the Supreme Court of a State, or a\npractising barrister or solicitor, of at least ten years’ standing of the\nSupreme Court of a State.\n(2) The members of the tribunal shall be nominated and appointed in\nsuch manner, hold office for such period and be subject to such\ndisqualifications, and vacancies shall occur and be filled in such\nmanner, as may be prescribed by or under canon of general synod.\nNo party to an appeal shall be a member of the tribunal for any\npurpose of the appeal and his place shall be filled for the purpose of\nthe appeal by the other members co-opting a person qualified for the\noffice.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nThe appellate tribunal shall have jurisdiction to hear and determine\nappeals from any determination of the special tribunal and from any\ndetermination of any diocesan or provincial tribunal in any case in\nwhich an appeal lies therefrom to the appellate tribunal.\nEvery appeal to the appellate tribunal shall be by way of re-hearing.\nAny person charged before a diocesan tribunal and aggrieved by any\nsentence recommended by it who has no right of appeal under this\nconstitution or under an ordinance of the diocesan synod may\npetition the Metropolitan of the province or, if the diocese be not\npart of a province, the Primate that his case be reviewed and the\nMetropolitan or Primate as the case may be may refer the same to\nthe appellate tribunal for review and any case so referred shall be\nheard and determined as an appeal provided however that no such\npetition may be presented in respect of an order for costs only.\n(3) Unless otherwise prescribed by canon of general synod, the\nappellate tribunal may hear and determine any appeal question or\nmatter made or referred to it although all the members thereof be not\npresent at such hearing or determination, provided that there be\npresent at least two bishops and three laymen. And provided further\nthan if during the hearing of any appeal a member attending the\ntribunal should die or become unable to continue with the hearing\nthe appeal may proceed so long as the President two bishops and\none other lay member or the Deputy President two bishops and one\nother lay member be present provided further that if the number of\nthose present on any appeal should be evenly divided on any\nquestion of evidence or procedure the President (or in his absence\nthe Deputy President) shall have a casting as well as a deliberative\nvote.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 30 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n58. (1) Before determining any appeal or giving an opinion on any\nreference the appellate tribunal shall in any matter involving\ndoctrine upon which the members are not unanimous upon the point\nof doctrine and may, if it thinks fit, in any other matter, obtain the\nopinion of the house of bishops, and a board of assessors consisting\nof priests appointed by or under canon of general synod.\n(2) In any case where the house of bishops is consulted under this\nsection, the house of bishops shall aid the tribunal with such\ninformation in writing as it thinks proper, provided that if all\nmembers of the house of bishops do not concur each of the members\nat the time in Australia may aid the tribunal with such information\nin writing as he thinks proper. For the purposes of this subsection\nthe house of bishops shall not include the bishops who are members\nof the appellate tribunal.\n59. (1) In all appeals and references to the appellate tribunal in any matter\ninvolving any question of faith ritual ceremonial or discipline the\nconcurrence of at least two bishops and two laymen and in any other\nmatter the concurrence of at least four members, shall be necessary\nfor the determination of an appeal or the giving of an opinion upon a\nreference.\n(2) General synod may by canon prescribe any matter incidental to the\nexercise of any jurisdiction vested by this constitution in the special\ntribunal or in the appellate tribunal including the power to award\ncosts.\n(3) Unless otherwise prescribed by or under any canon of general\nsynod, the procedure with respect to hearings and determinations of\nthe special tribunal, and with respect to appeals or references to the\nappellate tribunal shall be regulated in such manner as the tribunal\nthinks fit.\n(4) The person who brings a charge before a diocesan or provincial\ntribunal or before the special tribunal if dissatisfied with its\ndetermination or recommendation and the person so charged if\ndissatisfied with the recommendation or sentence pronounced upon\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nsuch recommendation may within twenty-eight days or within such\nfurther time as the President of the appellate tribunal may in writing\nallow after the making of the determination recommendation or the\npronouncing of the sentence as the case may be, institute an appeal\nto the appellate tribunal by lodging a notice of appeal in the registry\nof the Primate and in the registry of the bishop of the diocese or\nmetropolitan concerned and in the case of any sentence of\ndeprivation of or suspension from office the bishop or metropolitan\nwho has pronounced such sentence may thereupon if he sees fit\nintermit the operation of such sentence.\n60. (1) A tribunal shall make such recommendation as it thinks just in the\ncircumstances, but shall not recommend any sentence other than one\nor more of the following, that is to say, monition, suspension from\noffice, expulsion from office, deprivation of rights and emoluments\nappertaining to office, deposition from holy orders.\nExcept as otherwise provided herein such recommendation shall be\nmade to the bishop of the diocese concerned.\nThe recommendation of the special tribunal, or of the appellate\ntribunal on an appeal from the special tribunal, shall be made to the\nPrimate, provided that if the Primate be a party to the appeal, the\nrecommendation shall be made to the Metropolitan or bishop who\nwould exercise the authorities powers rights and duties of the\nPrimate, if the office were then vacant.\n(2) The person to whom the recommendation is made shall give effect\nthereto, provided that if any sentence is recommended, he may\nconsult with the tribunal and in the exercise of his prerogative of\nmercy (a) mitigate the sentence or (b) suspend its operation or (c)\nmitigate the sentence and suspend its operation. In each case he\nshall pronounce the sentence recommended even though he mitigate\nor suspend it. Provided that if the operation of a sentence or\nmitigated sentence has been suspended and remains suspended for a\nperiod of two years such sentence shall thereafter have no operation.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 32 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If in any case the appellate tribunal is precluded from determining\nthe appeal, either because the members present at the hearing are\nequally divided or because there is no such concurrence as is\nrequired by this Constitution, the provisions of this subsection shall\nhave effect, that is to say:\n(a) Where any recommendation adverse to the person charged\nmade by a diocesan or a provincial tribunal or by the special\ntribunal, or\n(b) Where any sentence pronounced against him would but for this\nsubsection continue in force, the person to whom the\nrecommendation was made or who pronounced the sentence\nshall in consultation with the appellate tribunal review the\nrecommendation or sentence, and after such review may give\neffect or abstain from giving effect to the recommendation, or\nmay confirm, mitigate or annul the sentence and may give or\nabstain from giving directions for restoration of office rights\nand emoluments as he shall think proper and for such\ncompensation where compensation is available as in the\ncircumstances he may deem to be fair and reasonable.\n(4) The provisions of this Constitution with respect to an appeal from\nthe determination of a tribunal shall extend to and authorise an\nappeal from a recommendation or sentence but shall not extend to a\nruling of a tribunal of an interlocutory nature.\n61. Where a charge is pending before a tribunal against any person\nlicensed by the bishop of a diocese, the bishop with the concurrence\nof the diocesan council may suspend such person from the duties of\nhis office until the determination of the charge, and may make such\narrangements for the performance of the duties of the office as may\nbe authorised by any canon ordinance or rule or in the absence of\nsuch canon ordinance or rule as the bishop may deem proper.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n62. For the purpose of securing the attendance of witnesses and the\nproduction of documents and for the examination of witnesses on\noath or otherwise a tribunal shall be deemed to be an arbitrator\nwithin the meaning of any law in force in the State or territory in\nwhich the tribunal sits and shall have power to administer an oath or\nto take an affirmation from any witness and for the same purpose\nany party to a proceeding before a tribunal or any person permitted\nby a tribunal to submit evidence to it shall be deemed to be a party\nto a reference or submission to arbitration within the meaning of any\nsuch law.\n63. (1) Wherever a question arises under this Constitution and in the\nmanner provided and subject to the conditions imposed by this\nConstitution the question is referred for determination or for an\nopinion to the appellate tribunal the tribunal shall have jurisdiction\nto hear and determine the same or to give its opinion as the case\nmay require provided that if provision is not otherwise made under\nthis Constitution for the reference of such question to the tribunal\nthe Primate may and shall at the request of general synod by\nresolution or at the written request of twenty-five members thereof\nor at the request by resolution of the provincial or diocesan synod\naffected refer the question to the tribunal which shall have\njurisdiction as aforesaid.\n(2) The tribunal may direct that any synod person or class of persons or\nassociation claiming to be interested in the question shall be notified\nof the hearing and be entitled to appear or be represented thereat.\nChapter X The Corporate Trustees\n64. (1) There shall be a body corporate to be known as the “Anglican\nChurch of Australia Trust Corporation,” and in this section referred\nto as the corporate trustees.\nThe body corporate shall be deemed to be constituted as soon as this\nconstitution takes effect.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 34 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The corporate trustees shall have perpetual succession and a\ncommon seal, and may sue and be sued in and by their corporate\nname, and may acquire and hold any real and personal property or\nany estate or interest therein.\n(3) The corporate trustees shall consist of seven or such less number of\npersons as may be prescribed by canon of the general synod, and\nsuch persons shall be elected or appointed and hold office, and may\nbe removed therefrom, as may be prescribed by canon of the general\nsynod.\n(4) The corporate trustees may be appointed to be the trustees of any\nchurch trust property, whether the appointment is made by a person\ngiving or settling property by will or otherwise or by a person\nentitled under the trust instrument, if any, or by law to appoint a\ntrustee, provided that where the property is under the control of the\nsynod of a diocese or is held exclusively for the benefit of or in\nconnection with a diocese or any part thereof the appointment shall\nnot be made unless the consent of the synod of the diocese is first\nobtained, and provided that where the property is not under such\ncontrol or is not so held but is under the control of any society\ncouncil board agency or authority, whether a body corporate or\notherwise, the appointment shall not be made unless the consent of\nthe society council board agency or authority is first obtained.\n(5) Nothing contained in this section or done thereunder shall remove\nany church trust property from the control of any diocesan synod or\nfrom the control of any such society council board agency or\nauthority.\nChapter XI The Alteration of this Constitution\n65. This Constitution shall not be altered except in accordance with the\nprovisions of this chapter.\n66. This Church takes no power under this Constitution to alter sections\none, two and three and this section other than the name of this\nChurch.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n67. Subject to the provisions hereinafter mentioned other sections of this\nconstitution may be altered subject to the following conditions:\n(a) The bill shall be submitted for its first reading by leave of\ngeneral synod, the three houses thereof voting together.\n(b) A bill altering the provisions of this Constitution mentioned at\nthe foot of this clause shall not come into effect unless it has\nbeen assented to on its second and third readings by an\naffirmative vote of at least two-thirds of the members of each\nhouse and by a majority of all dioceses of which two at least\nshall be metropolitan dioceses; the assent of a diocese shall be\ndeemed to be given if a majority of its lay representatives and a\nmajority of its clerical representatives and the bishop thereof\nhave voted in favour of the bill.\nSections 11-14, inclusive; 18-25 inclusive; 27; 31-35 inclusive; 64\n(1) (2) and (3); 67 (a) 68-70 inclusive; 75.\n(c) A bill altering the name of this Church or the provisions of this\nConstitution mentioned at the foot of this clause if passed at its\nsecond and third readings shall not come into effect unless and\nuntil every diocesan synod of this Church has assented to it by\nordinance and such assents be in force at the same time.\nSections 64 (4) (5); 67 (c).\n(d) A bill altering the provisions of this Constitution mentioned at\nthe foot of this clause if passed at its second and third readings\nshall not come into effect unless and until at least three-\nquarters of the diocesan synods of this Church including all the\nmetropolitan sees have assented to it by ordinance and all such\nassents be in force at the same time.\nSections 4-10 inclusive, 15-17 inclusive; 26; 28-30 inclusive; 36-63\ninclusive; 65; 67 (b) and (d); 71-74 inclusive: the Table annexed to\nthe Constitution.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 36 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChapter XII The Operation of this Constitution\n68. (1) This Constitution shall take effect on and from a day to be appointed\nin accordance with this section.\nThe day shall not be appointed until the Parliaments of five States\nhave passed Acts for giving effect to this Constitution.\nThe day shall be appointed by a deed signed by the diocesan bishops\nof not less than eighteen dioceses of the Church of England in\nAustralia and Tasmania declaring that their respective dioceses have\nassented to this Constitution.\nThe bishops signing the deed shall include at least two\nMetropolitans.\n(2) The day appointed shall be notified in the Commonwealth Gazette\nby one or more of the Metropolitans by whom the deed appointing\nthe day is signed and shall also be notified in the Government\nGazette of each State concerned by any one or more of the diocesan\nbishops by whom the deed appointing the day is signed.\nA copy of the Commonwealth Gazette containing a notification of\nthe appointed day which purports to be signed by one or more of the\nMetropolitans shall be conclusive evidence that the day has been\nduly appointed in accordance with this section.\n(3) The diocesan bishops signing the deed or such of them as shall still\nbe in office shall be a commission for convening the first session of\ngeneral synod, and notwithstanding any other provision of this\nConstitution the commission may do or cause to be done anything\nnecessary or convenient for the convening and holding of the\nsession.\nThe commission shall appoint the place for the session and the time\nwhich shall be not later than twelve months after the day on which\nthis Constitution takes effect, and shall at least three months before\nthe time for the session in such manner as the commission deems\nproper summon the diocesan bishops of the dioceses to which this\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nConstitution applies, and require them to convene the prescribed\nnumber of clerical and lay representatives of their respective\ndioceses at the appointed time and place.\n69. (1) Subject to all necessary Parliamentary enactments this Constitution\nshall apply to every diocese of the Church of England in Australia\nand Tasmania which assents to the Constitution, whether before or\nafter this Constitution takes effect, and to every diocese formed or\nadmitted to general synod under this Constitution. The assent of a\ndiocese shall be given by an ordinance of its synod or if there be no\nsynod or diocesan council by a certificate of its bishop.\n(2) Where all the dioceses of any province so assent to this\nConstitution, it shall apply to the province as well as to each\ndiocese.\nIf four or more dioceses of a province assent such dioceses shall\nconstitute a province under this Constitution.\n(3) If any diocese in Australia does not assent to this Constitution such\ndiocese shall not by reason only of that fact cease to be in fellowship\nor communion with this Church or with the Church of England in\nthe Dioceses of Australia and Tasmania, but may have association\nwith this Church on such terms and conditions as may be agreed\nupon by ordinance of the diocesan synod of the diocese and by\ncanon of general synod.\n70. This Constitution and all canons and rules passed and made\nhereunder shall be binding on the bishops clergy and laity as\nmembers of this Church and for all purposes connected with or in\nany way relating to church trust property.\n71. (1) Every consensual compact and every enactment in force in the\nChurch of England in the Dioceses of Australia and Tasmania, or in\nany province or diocese which has become or becomes a province or\ndiocese to which this Constitution applies shall insofar as they are\nnot inconsistent with this Constitution, continue in force in this\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 38 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChurch or in the province or diocese, until altered under this\nConstitution or under the constitution of the province or diocese.\nThis subsection extends to any determination rule or regulation\nmade by the synod known as the general synod of the Church of\nEngland in the Dioceses of Australia and Tasmania, any constitution\nact canon or ordinance made by the provincial synods of New South\nWales, Victoria, Queensland, and Western Australia respectively,\nand any constitution act canon ordinance rule or regulation made by\nthe diocesan synod of any diocese in Australia.\nNothing in this Constitution shall authorise the synod of a diocese or\nof a province to make any alteration in the ritual or ceremonial of\nthis Church except in conformity with an alteration made by general\nsynod.\n(2) The law of the Church of England including the law relating to faith\nritual ceremonial or discipline applicable to and in force in the\nseveral dioceses of the Church of England in Australia and\nTasmania at the date upon which this Constitution takes effect shall\napply to and be in force in such dioceses of this Church unless and\nuntil the same be varied or dealt with in accordance with this\nConstitution.\n72. Where any question arises as to the faith ritual ceremonial or\ndiscipline of this Church or as to the authorities powers rights and\nduties of bishops priests and deacons of this Church, or of any\nofficer or member thereof, nothing in this Constitution shall prevent\nreference being made to the history of the Church of England in\nEngland to the same extent as such reference might have been made\nfor the purposes of the Church of England in the Dioceses of\nAustralia and Tasmania immediately before the day on which this\nConstitution takes effect.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n73. (1) In determining any question as to the faith ritual ceremonial or\ndiscipline of this Church any tribunal may take into consideration\nbut shall not be bound to follow its previous decisions on any such\nquestion or any decision of any judicial authority in England on any\nquestions of the faith ritual ceremonial or discipline of the Church of\nEngland in England.\n(2) A determination of any tribunal which is inconsistent or at variance\nwith any decision of such a judicial authority in England shall have\npermissive effect only and shall not be obligatory or coercive.\n(3) A determination of a provincial tribunal shall be binding upon a\ndiocesan tribunal in the province and a determination of the\nappellate tribunal shall be binding upon the special tribunal the\nprovincial tribunal and the diocesan tribunal provided however that\nthe synod of a diocese may by ordinance direct that a diocesan\ntribunal shall not follow or observe a particular determination of the\nappellate or provincial tribunal which has permissive effect only.\n74. (1) In the constitution unless the context or subject matter otherwise\nindicates—\nAlteration includes repeal, and alter and altered have a meaning\ncorresponding with that of alteration.\nAustralia includes the Commonwealth of Australia and any\nTerritory under the control of the Commonwealth of Australia\nwhether by trusteeship or otherwise.\nCanonical fitness means the qualifications required in the Church of\nEngland in England for the office of a bishop, at the date when this\nConstitution takes effect.\nCanonical Scriptures means the canonical books as defined by the\nsixth of the Thirty-nine Articles.\nCeremonial includes ceremonial according to the use of this\nChurch, and also the obligation to abide by such use.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 40 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChurch trust property means property held in trust for or on behalf\nof or for the use of this Church and includes property held for the\nbenefit of or in connection with any diocese or parish or otherwise.\nDiocesan bishop means the bishop of a diocese.\nDiocesan council in a diocese where there is a synod means the\nbody exercising powers and functions of the synod on its behalf\nwhen it is not in session.\nDiocesan synod and synod of a diocese include diocesan council\nwhere there is no diocesan synod.\nDiocese means a diocese of this Church.\nDiscipline includes the rules of this Church and the rules of good\nconduct.\nDoctrine means the teaching of this Church on any question of faith.\nFaith includes the obligation to hold the faith.\nGeneral synod or synod means the general synod under this\nConstitution.\nLicence means a licence under seal of the bishop of a diocese, and\nlicensed has a meaning corresponding with that of licence.\nMember of this Church means a baptised person who attends the\npublic worship of this Church and who declares that he is a member\nof this Church and not a member of any other church.\nMetropolitan includes the bishop exercising the authorities powers\nand rights and duties of the Metropolitan.\nMissionary Diocese means each of the following: the Diocese of\nNew Guinea, the Diocese of North-West Australia, the Diocese of\nCarpentaria, and any other diocese formed as a missionary diocese\nunder this Constitution.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nOrdinance includes any act canon constitution statute legislative\nmeasure or provision of a provincial or diocesan synod or of the\ncompetent authority in or with respect to a missionary diocese.\nParish includes any parochial district or similar pastoral division\nconstituted by or under ordinance of the synod of a diocese.\nParishioner means a member of this Church who is entitled to vote\nat a meeting of a parish for the election of churchwardens, or who if\nno such meeting is provided for is at least twenty-one years of age.\nPrimate includes the Metropolitan or bishop exercising the\nauthorities powers rights and duties of the Primate.\nPrinting shall include typing, duplicating or any other method of\nproducing facsimile copies.\nProvincial Synod includes a provincial council.\nRitual includes rites according to the use of this Church, and also\nthe obligation to abide by such use.\nSee means a see of this Church.\nState means a State of the Commonwealth of Australia.\nThis Church means the Anglican Church of Australia.\nThis Constitution or the Constitution means the Constitution of this\nChurch.\nVoting by Houses means the procedure whereby three distinct votes\nare taken, that is to say, a vote of the house of laity, a vote of the\nhouse of clergy, and a vote of the house of bishops.\n(2) In this Constitution “the Book of Common Prayer” means the Book\nof Common Prayer as received by the Church of England in the\nDioceses of Australia and Tasmania before and in the year of our\nLord one thousand nine hundred and fifty-five, that is to say, the\nbook intituled “The Book of Common Prayer and Administration of\nthe Sacraments and other rites and ceremonies of the Church\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 42 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\naccording to the use of the Church of England together with the\nPsalter or Psalms of David pointed as they are to be sung or said in\nchurches and the form or manner of making ordaining and\nconsecrating of bishops, priests and deacons,” and generally known\nas the Book of Common Prayer 1662.\n(3) In this Constitution “the doctrine and principles of the Church of\nEngland embodied in the Book of Common Prayer” and the\n“articles of religion” sometimes called the “Thirty-nine Articles”\nmeans the body of such doctrine and principles.\n(4) In this Constitution, unless the context or subject matter otherwise\nindicates, any reference to faith shall extend to doctrine.\n(5) In this Constitution “decision of any judicial authority” shall include\nany judgment order decree sentence or order in council and the\nreasons report or recommendation therefor, and “judicial authority”\nshall include any court judge tribunal body or person having either\nsecular or ecclesiastical jurisdiction whether before or after the date\non which this Constitution takes effect, and without affecting the\ngenerality of any other provision of this Constitution it is hereby\ndeclared that “judicial authority” shall include the Court which was\ncommonly called the High Court of Delegates, the King’s Majesty\nin Council to which the powers of that Court were transferred, and\nthe Judicial Committee of the Privy Council.\n(6) In the case of lay but not clerical persons words in this Constitution\nimporting the masculine shall include the feminine.\n(7) This Constitution shall, unless the context or subject matter\notherwise indicate, be construed as if the Acts Interpretation Act\n1901-1948 of the Parliament of the Commonwealth of Australia\napplied to this Constitution.\n\nThe Constitution of the Anglican Church of Australia Schedule\nThe Government of the Church Part II\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n75. This Constitution is divided into the following parts and chapters—\nPart I\nChapter I—Fundamental Declarations (Sections 1-3).\nChapter II—Ruling Principles (Sections 4-6).\nPart II—The Government of the Church\nChapter III—Of the Bishops (Sections 7-14).\nChapter IV—Of the General Synod (Sections 15-25).\nChapter V—Of the Powers of General Synod (Sections 26-33).\nChapter VI—Committees, Board and Commissions (Sections 34-\n35).\nChapter VII—The Provinces and Provincial Synods (Sections 36-\n42).\nChapter VIII—The Dioceses and Diocesan Synods (Sections 43-\n52).\nChapter IX—The Tribunals (Sections 53-63).\nChapter X—The Corporate Trustees (section 64).\nChapter XI—The Alteration of this Constitution (Sections 65-67).\nChapter XII—The Operation of this Constitution (Sections 68-75).\nThe Table Annexed to the Constitution\nClerical and Lay Representatives in General Synod\n1. The number of clerical and lay representatives respectively of\neach diocese shall be in proportion to the number of clergymen of\nthe diocese and shall be determined by dividing that number by a\nquota, namely twenty, and if on the division there is a remainder of\nten or more the diocese shall be entitled to one more clerical and one\nmore lay representative.\n\nSchedule The Constitution of the Anglican Church of Australia\nPart II The Government of the Church\npage 44 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2. Notwithstanding any other provision in this table each diocese\nshall be entitled to at least one clerical and one lay representative.\n3. In this table clergymen means persons licensed by the bishop of\nthe diocese to the cure of souls in a parish or in charge of a parochial\ndistrict or similar pastoral division, or assistant curate licensed in a\nparish, such persons being in priests’ orders and resident in the\ndiocese concerned.\nThis definition shall extend to a bishop, dean, archbishop, canon,\nprincipal, vice-principal and tutors in priests’ orders of a university\nor theological college headmaster of a school or chaplain or other\nclergyman in priests’ orders licensed to other distinct official\nposition in the diocese so resident and holding the licence of the\nbishop of the diocese, provided that in the case of a chaplain of a\nschool college hospital or other institution the chaplaincy involves\nregular spiritual ministrations to persons therein resident or students\nattendant thereat.\n\nEndnotes\nAbout the endnotes 1\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 46 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a NSW Act—the Church of England in Australia\nConstitution Act 1961 A1961-16 (NSW).\nThe Church of England in Australia Constitution Act 1961 (NSW), sections 2, 3,\n8 and 9 were applied, in a modified form, as an ACT law by the Church of\nEngland Trust Property Ordinance 1928 (now the Anglican Church of Australia\nTrust Property Act 1928) A1928-19, section 3A (see also sch 1). (Section 3A was\ninserted by the Church of England Trust Property Ordinance 1967 Ord1967-8).\nThe Act was renamed the Anglican Church of Australia Constitution Act 1961\nA1961-16 by the Anglican Church of Australia Act 1980 A1980-42.\nUnder the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force\nin the ACT immediately before 10 November 1999 (including this Act) became,\nfor all purposes, laws made by the ACT Legislative Assembly. This completed\nthe process of making former NSW Acts fully into ACT laws.\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),\ns 12).\nNew South Wales legislation\nAnglican Church of Australia Constitution Act 1961 A1961-16\nassented to 27 March 1961\ncommenced 1 January 1962 s 12 excepted (s 12 and NSW Gaz 1962\nNo 125)\nas amended by\nCommonwealth legislation\nAnglican Church of Australia Trust Property Ordinance 1928\nOrd1928-18 (as am Ord1967-8 and Ord1986-84)\nnotified 6 September 1928\ncommenced 6 September 1928\n\nEndnotes\nLegislation history 3\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nChurch of England Trust Property Ordinance 1967 Ord1967-8\nnotified 17 May 1967\ncommenced 17 May 1967\nNote This ordinance amended the Anglican Church of Australia Trust\nProperty Act 1928 Ord1928-18 to insert section 3A. That\nsection applied the Anglican Church of Australia Constitution\nAct 1961 A1961-16 (NSW) in the ACT in a modified form.\nAnglican Church of Australia Ordinance 1980 Ord1980-42 sch 1\nnotified 27 November 1980\nsch 1 commenced 27 November 1980 (s 2 and Cwlth Gaz 1980 No\nG6)\nCommercial Arbitration Ordinance 1986 Ord1986-84 s 59\nnotified 22 December 1986\ncommenced 22 December 1986\nNote This Ordinance amended the Anglican Church of Australia\nTrust Property Act 1928 Ord1928-19 , s 3A.\nLegislation after becoming Territory enactment\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 12\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 12 commenced 12 September 2001 (s 2 and Gaz 2001 No S65)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.5\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.5 commenced 12 April 2007 (s 2 (1))\nCommercial Arbitration Act 2017 A2017-7 sch 1 pt 1.1\nnotified LR 4 April 2017\ns 1A, s 1B commenced 4 April 2017 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 July 2017 (s 1B and CN2017-1)\n\nEndnotes\n4 Amendment history\npage 48 Anglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\nR5\n01/07/17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1AA ins A2007-3 amdt 3.23\nApplication of Legislation Act\ns 1A ins A2001-44 amdt 1.124\nConstitutions, canons and rules to be binding for Church property purposes\ns 2 am Ord1928-19 s 3A, sch 1 (as am by Ord1980-42 sch 1)\nEffect of canons and rules\ns 3 am Ord1928-19 s 3A\nAdministration of customary oaths\ns 8 am Ord1928-19 s 3A, sch 1 (as am by Ord1986-84 s 59)\nPowers of tribunal under Constitution, ch 9\ns 9 am Ord1928-19 s 3A (as am by Ord1980-42 sch 1;\nOrd1986-84 s 59)\nsub A2017-7 amdt 1.1\n\nEndnotes\nEarlier republications 5\nR5\n01/07/17\nAnglican Church of Australia Constitution Act 1961\nEffective: 01/07/17\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1986-84 31 August 1992\n2 A2001-44 9 May 2002\n3 A2001-44 29 August 2002\n4 A2007-3 12 April 2007\n© Australian Capital Territory 2017","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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: giving legal effect to the Anglican Church of Australia's Constitution within the ACT for property and governance purposes. While the Act has been amended several times (notably to update the arbitration provisions in Section 9 and rename the Church in 1980), these changes maintain the original scope rather than expand it. The Act does not purport to regulate religious doctrine or worship directly—only to provide a legal framework for the Church's property holdings and internal disciplinary procedures."},"complexity_factors":["The Act is short (only 9 sections) but incorporates by reference the entire Schedule containing the Church Constitution (75 sections plus a Table), creating a dual-layer structure","Multiple cross-references to external legislation including the Legislation Act 2001, Commercial Arbitration Act 2017, and historical NSW legislation","Complex ecclesiastical terminology requiring knowledge of church hierarchy (Primate, Metropolitan, diocesan vs provincial synods, canons vs ordinances)","Conditional application clauses (e.g., Section 2 limits binding effect to 'property purposes', Section 3 creates a hierarchy of validity between church law and civil law)","Section 9 creates deemed status for tribunals under another Act, requiring simultaneous reading of two statutes","The Schedule contains nested procedural requirements for passing canons, including special voting thresholds (two-thirds, three-quarters), diocesan consent requirements, and appellate mechanisms"],"plain_english_summary":"This legislation is the **Anglican Church of Australia Constitution Act 1961**, an ACT law that gives legal force to the internal constitution of the Anglican Church of Australia within the Australian Capital Territory.\n\n**What it does:**\n- **Binds church members to the Constitution**: It makes the Church's constitution, canons (church laws), and rules legally binding on bishops, clergy, and lay members in the ACT, specifically for matters involving church property (Section 2).\n- **Limits church law**: Any church canon or rule that contradicts ACT law is invalid to the extent of that contradiction (Section 3).\n- **Authorises oaths**: It allows senior church officials (bishops, archdeacons, registrars, etc.) to administer traditional religious oaths used for ordaining priests, consecrating bishops, and installing clergy (Section 8).\n- **Gives tribunals arbitration powers**: Church tribunals (courts that hear disputes about church doctrine or discipline) are treated as arbitration tribunals under the Commercial Arbitration Act 2017. This means they can compel witnesses to attend, demand documents, and take evidence under oath (Section 9).\n\n**Who it affects:**\n- Members of the Anglican Church of Australia in the ACT, particularly those involved in managing church property or participating in church governance.\n- Church tribunals and officials who need legal authority to administer oaths or conduct hearings.\n\n**Why it matters:**\nThis Act bridges the gap between religious governance and secular law. Without it, the Church's internal rules would have no legal standing in property disputes or disciplinary matters. It ensures that while the Church can govern its own affairs, it cannot override ACT civil law. The Schedule attached to the Act contains the full Constitution of the Anglican Church of Australia, which details how the Church is governed (including the General Synod, bishops, and tribunals), but the Act itself focuses on giving that Constitution legal effect in the ACT."}},"importantCases":[],"_links":{"self":"/api/acts/anglican-church-of-australia-constitution-act-1961","history":"/api/acts/anglican-church-of-australia-constitution-act-1961/history","analysis":"/api/acts/anglican-church-of-australia-constitution-act-1961/analysis","conflicts":"/api/acts/anglican-church-of-australia-constitution-act-1961/conflicts","importantCases":"/api/acts/anglican-church-of-australia-constitution-act-1961/important-cases","documents":"/api/acts/anglican-church-of-australia-constitution-act-1961/documents"}}