{"id":"a-1917-21","name":"Anglican Church of Australia Trust Property Act 1917","slug":"anglican-church-of-australia-trust-property-act-1917","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"21 of 1917","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23032,"registerId":"act-a-1917-21-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Anglican Church of Australia Trust Property Act 1917","content":"Australian Capital Territory\nAnglican Church of Australia Trust\nProperty Act 1917\nA1917-21\nRepublication No 4\nEffective: 27 December 2007\nRepublication date: 27 December 2007\nLast amendment made by A2007-39\nAuthorised by the ACT Parliamentary Counsel\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 Trust Property Act 1917 (including\nany amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force\non 27 December 2007. It also includes any amendment, repeal or expiry affecting the\nrepublished law to 27 December 2007.\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 does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an uncommenced\namendment, the symbol U appears immediately before the provision heading. The text of the\nuncommenced provision or amendment appears only in the last endnote.\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 Legislation Act 2001, section 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication date\nis—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAnglican Church of Australia Trust\nProperty Act 1917\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n2 Application of Legislation Act 2\nPart 2 Trustees—constitution and succession\n5 Existing corporate bodies 3\n6 New corporate bodies 3\n7 Common seal and quorum 4\n8 Authority of members of corporate bodies 4\n9 Variation by synod 4\n10 Change of name 5\n11 Alteration of number of members of corporate body 5\n12 Vacancies in membership of corporate bodies 5\n\nContents\nPage\ncontents 2 Anglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\nR4\n27/12/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Alteration of number of trustees 5\n14 Vacancies in office of trustees 6\n15 New trustees for allocated property 6\n16 Separate trustees 6\n17 Provision cumulative 7\n18 Bishops 7\nPart 3 Trust property—management, investment and\ndealings\n24 Management 8\n25 Investment 8\n26 Synod may direct sales etc 8\n26A Certain directions may be given in anticipation 9\n27 Deeds of conveyance etc 9\n27A Certain directions may be given by resolution 10\n28 Power of corporate trustees to let in certain cases 11\n31 Temporary investments 11\nPart 4 Variation of trusts\n32 Power of synod to vary trusts etc 12\n32A Limited substitution of trust of income 13\nPart 5 Miscellaneous\n37 Repeal or amendment of ordinance 14\n38 Delegation of powers etc by bishop 14\n39 Delegation of powers etc of bishop by ordinance 14\n40 Delegation of powers etc of synod 15\n41 Validity of acts etc under delegation 15\n42 Notification about trustees 16\n45 New dioceses 16\nEndnotes\n1 About the endnotes 17\n2 Abbreviation key 17\n3 Legislation history 18\n\nContents\nPage\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history 21\n5 Earlier republications 22\n\n\n\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nAnglican Church of Australia Trust\nProperty Act 1917\n\nPart 1 Preliminary\nSection 1\npage 2 Anglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\nR4\n27/12/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Anglican Church of Australia Trust Property\nAct 1917.\n2 Application of Legislation Act\nThe Legislation Act 2001 does not apply to instruments made under\nthis Act.\n\nTrustees—constitution and succession Part 2\nSection 5\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Trustees—constitution and\nsuccession\n5 Existing corporate bodies\n(1) The following bodies:\n(a) Church of England Property Trust Diocese of Sydney;\n(b) Church of England Property Trust Diocese of Goulburn;\n(c) The Corporate Trustees of the Diocese of Grafton and\nArmidale;\n(d) Church of England Property Trust Diocese of Bathurst;\n(e) Trustees of the Church Property for the Diocese of Riverina;\n(f) The Corporate Trustees of the Diocese of Grafton,\nare declared to have been duly constituted as bodies politic and\ncorporate by those respective names, under the provisions of the\nChurch of England Trust Property Incorporation Act 1881, and\nnotwithstanding the repeal of that Act they shall remain so\nconstituted, and, except so far as there is anything in this Act\ninconsistent with that Act, this Act shall apply to them as if this Act\nhas been in force at the time they were constituted and they were\nconstituted under it.\nThe bishop of a diocese shall ex officio be a member of the\ncorporate body so constituted for the diocese, and the number of\nmembers shall be increased by 1 for that purpose.\n6 New corporate bodies\nThe synod of each diocese, other than the diocese for which the\nbodies mentioned in section 5 were and remain so constituted, may\nat any time elect the persons that the synod desires, should together\nwith the bishop of the diocese, ex officio, be incorporated as trustees\nfor the diocese, and the bishop of the diocese shall notify the\n\nPart 2 Trustees—constitution and succession\nSection 7\npage 4 Anglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\nR4\n27/12/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nelection in the Gazette, and immediately on the notification and\nafterwards the persons and the persons that may from time to time\nbe members of the body, together with the bishop of the diocese, ex\nofficio, shall be and they are hereby constituted a body politic and\ncorporate, by the name of incorporation mentioned in the\nnotification, and by that name they shall have perpetual succession\nand a common seal, and shall sue and be sued, or shall otherwise\nappear and answer and be answered, and may take and hold to them\nand their successors by grant, will, or otherwise any real or personal\nproperty, and for any estate or interest in real or personal property.\n7 Common seal and quorum\nThe members for the time being of each corporate body of trustees\nshall have the custody of the common seal of such corporate body,\nand the form of such seal and all other matters relating thereto shall\nfrom time to time be determined at a meeting of the said corporate\nbody, and three members for the time being of the said corporate\nbody shall constitute a quorum.\n8 Authority of members of corporate bodies\nAny deed or instrument, executed or signed, and any other act,\nmatter, or thing done by any three members of any such corporate\nbody as aforesaid, in pursuance of a resolution of the said corporate\nbody and under the common seal of the said corporate body, shall be\nas effectual as if the same had been executed, signed, or done by all\nthe members of the said corporate body.\n9 Variation by synod\nIt shall be lawful for the synod of a diocese from time to time, by\nordinance, to vary the provisions of sections 7 and 8, so far as they\nrelate to the diocese, and the provisions shall, with reference to the\ndiocese and to all the church trust property matters and things of or\nheld for or pertaining to the diocese, be read from time to time as so\nvaried by ordinance.\n\nTrustees—constitution and succession Part 2\nSection 10\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Change of name\nIt shall be lawful for the synod of a diocese from time to time, by\nordinance, to change the name of the corporate body of trustees\nconstituted for the diocese.\n11 Alteration of number of members of corporate body\nIt shall be lawful for the synod of a diocese from time to time, by\nordinance to declare what shall be the number of members of the\ncorporate body of trustees constituted for the diocese, and in case of\nincrease in the number the increase shall be effected by the synod of\nthe diocese electing an additional member, or additional members,\nand in case of decrease in the number the decrease shall be effected\nby the synod of the diocese not electing a person, or persons, to fill a\nvacancy, or vacancies, declared under the provisions of this Act.\n12 Vacancies in membership of corporate bodies\nIt shall be lawful for the synod of a diocese from time to time, by\nresolution, to declare the existence of a vacancy, or vacancies, in the\noffice of member of the corporate body of trustees of the diocese\nbecause 1 or more of the members for the time being of the\ncorporate body having died, resigned office, refused or neglected or\nhaving become incapable to act in the office, or having for the space\nof 6 months ceased to reside within the diocese, or because of some\nother matter to be specified in the resolution, and thereupon or at\nany time afterwards the synod of the diocese may elect a person or\npersons to be, and the person or persons shall thereupon become a\nmember or members of the body in the place or places of the\nmember or members referred to in the resolution.\n13 Alteration of number of trustees\nIt shall be lawful for the synod of a diocese for which any church\ntrust property is for the time being held from time to time, by\nordinance, to declare what shall be the number of trustees of the\nproperty, and in case of increase in the number the increase shall be\n\nPart 2 Trustees—constitution and succession\nSection 14\npage 6 Anglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\nR4\n27/12/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\neffected by the synod of the diocese electing a new trustee, or new\ntrustees, by way of addition, and in case of decrease in the number\nthe decrease shall be effected by the synod of the diocese not\nelecting a person, or persons, to fill a vacancy, or vacancies,\ndeclared under the provisions of this Act.\n14 Vacancies in office of trustees\nIt shall be lawful for the synod of a diocese for which any church\ntrust property is for the time being held from time to time by\nresolution to declare the existence of a vacancy or vacancies in the\noffice of trustee of the property, because 1 or more of the trustees\nhaving died, resigned office, refused or neglected, or having become\nincapable to act in the office, or having for the space of 6 months\nceased to reside within the diocese, or because of some other matter\nto be specified in the resolution, and thereupon or at any time\nthereafter the synod of the diocese may elect or by resolution\nprovide for the election of a person or persons to be, and the person\nor persons shall on the election become a trustee or trustees in the\nplace or places of the trustee or trustees referred to in the resolution.\n15 New trustees for allocated property\nIt shall be lawful for the synod of a diocese to elect a new trustee or\nnew trustees respectively for church trust property, which may be\nallocated under the provisions of this Act for the diocese.\n16 Separate trustees\n(1) It shall be lawful for the synod of a diocese for which any church\ntrust property is for the time being held by ordinance to provide for\nthe election of separate trustees for any part or parts of the property,\nand to elect such separate trustees.\n(2) Without limiting the application of subsection (1), the synod of the\nDiocese of Canberra and Goulburn may appoint, by ordinance, an\nincorporated trustee company to be the sole trustee, or 1 of the\ntrustees, of any church trust property held for that diocese.\n\nTrustees—constitution and succession Part 2\nSection 17\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In subsection (2):\nincorporated trustee company means an incorporated company the\nobjects of which include the object of acting as trustee of church\ntrust property held for the Diocese of Canberra and Goulburn under\nan appointment made by ordinance of the synod of that diocese.\n17 Provision cumulative\nThe provisions contained in section 14 are in addition to any other\nprovision for the time being applicable to any church trust property.\n18 Bishops\nEvery person for the time being acting and recognised as being the\nbishop of a diocese, and having been consecrated according to the\nmanner and form prescribed and used by the Church of England, the\nChurch of England in Australia or the Anglican Church of Australia,\nshall in the construction of all Statutes, Acts, grants, deeds, and\nother instruments be deemed to be and shall be the successor of the\nbishop of the diocese, notwithstanding that the bishop may not have\nbeen appointed under letters patent from the Crown, or may have\nbeen consecrated in New South Wales or elsewhere without any\nmandate or licence being issued by the Crown for the consecration,\nand shall in all respects within the diocese have and enjoy all and\nsingular the same rights, powers, and privileges, whether created by\nStatute, Act, grant, deed, or other instrument whatsoever as were\nenjoyed or possessed therein by the bishops his predecessors, and in\nthe case of the diocese of Sydney the Most Reverend John Charles\nWright, D.D, the present Archbishop, and all other persons for the\ntime being acting and recognised and consecrated and aforesaid,\nshall in the construction of such instruments as aforesaid be deemed\nto be and shall be the successors from time to time of the Bishop of\nAustralia and the Bishop of Sydney.\n\nPart 3 Trust property—management, investment and dealings\nSection 24\npage 8 Anglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\nR4\n27/12/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Trust property—management,\ninvestment and dealings\n24 Management\nIt shall be lawful for the synod of a diocese for which any church\ntrust property is for the time being held, from time to time by\nordinance, to provide and to vary any provision now or afterwards\nmade for governing and controlling the management and user of\nsuch property for the purposes for which the same is for the time\nbeing held in trust, and for all things incidental to such government\nand control, including constitutions of councils, committees, and\nother bodies, whether incorporated or not, and the property shall be\nheld, managed, and used under and in accordance with such\nordinance accordingly, the provisions of the trust instrument or\ninstruments (if any) to the contrary notwithstanding.\n25 Investment\nIt shall be lawful for the synod of a diocese for which any church\ntrust property is for the time being held, from time to time by\nordinance, to provide and to vary any provision now or afterwards\nmade for the investment of such property, and for the pooling of\nseparate church trust properties for the purpose of investment, and\nfor averaging gains, losses, and interests, and for all other matters\nand things incidental to the investment and pooling.\n26 Synod may direct sales etc\n(1) It shall be lawful for the synod of the diocese for which any church\ntrust property is for the time being held if it shall appear to the\nsynod expedient because of circumstances subsequent to the\ncreation of the trusts of the property by ordinance to direct that the\nproperty be sold, exchanged, mortgaged, or let on mining, building,\noccupation, or other leases, or otherwise dealt with in way provided\nby ordinance, and to provide for accepting the surrender of any lease\nof the property and for laying out and dedicating parts of the\n\nTrust property—management, investment and dealings Part 3\nSection 26A\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nproperty for any purpose or purposes, and to provide for the\napplication of the real and personal property arising from any sale,\nexchange, mortgage, letting, or other dealing as aforesaid.\n(2) However, in the cases of the dioceses of Sydney and Canberra and\nGoulburn no such ordinance in relation to property held for the sole\nbenefit of some particular parish shall be assented to under the\nAnglican Church of Australia Constitutions Act 1902, in its\napplication in the ACT, without the written consent of a majority of\nthe members of the parish council (if any) for the time being of the\nparish, and for property gratuitously granted or assured within 20\nyears before the time being by any private donor without the like\nconsent of the donor if living.\n26A Certain directions may be given in anticipation\n(1) This section applies to the diocese of Sydney but does not apply to\nany other diocese until an ordinance of the synod of that other\ndiocese is published in the Gazette under the hand of the Bishop\ndeclaring that this section applies to that other diocese.\n(2) The synod of a diocese to which this section applies may by\nordinance—\n(a) direct that, on specified real property becoming church trust\nproperty held for the diocese, it may be mortgaged, let on\nmining, building, occupation or other leases or otherwise dealt\nwith as specified in the ordinance; and\n(b) provide for the application of the personal property arising\nfrom any such mortgage, letting or other dealing.\n27 Deeds of conveyance etc\nIt shall be lawful for the synod of a diocese by ordinance to direct\nwhat person or persons shall execute the deed or deeds or other\ninstrument or instruments, and do all acts, measures, and things\nnecessary for the purpose of carrying into effect the sale, exchange,\nmortgage, lease, or other dealing directed by ordinance of the synod\n\nPart 3 Trust property—management, investment and dealings\nSection 27A\npage 10 Anglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\nR4\n27/12/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nof the diocese under the provisions of this Act, and the deed or\ndeeds, or other instrument or instruments executed, and the acts,\nmeasures, and things done by such person or persons shall take\neffect as if the trust instrument relating to the church trust property\ncomprised in the ordinance had contained a power enabling the\nperson or persons to effect the sale, exchange, mortgage, lease, or\nother dealing, and so as to operate, if necessary, by way of\nrevocation and appointment of the use or otherwise as the ordinance\nshall direct.\n27A Certain directions may be given by resolution\n(1) This section applies to the Diocese of Sydney but does not apply to\nany other diocese until an ordinance of the synod of that other\ndiocese is published in the Gazette under the hand of the Bishop\ndeclaring that this section applies to that other diocese.\n(2) Subject to this section, where the synod of a diocese to which this\nsection applies is authorised by section 26, 26A or 27 to give a\ndirection for or with respect to a mortgage, the direction may be\ngiven instead—\n(a) by resolution of its synod or of the standing committee of its\nsynod; and\n(b) for the Diocese of Sydney—also by resolution of the Sydney\nChurch of England Finance and Loans Board;\nbeing, in either case, a resolution that does not contravene or fail to\ncomply with any ordinance referred to in subsection (3) or (4) that is\napplicable.\n(3) A direction may not be given under subsection (2) if—\n(a) the same direction, if given by ordinance under section 26,\nwould require a consent referred to in that section before it\ncould be assented to; and\n(b) that consent has not been given.\n\nTrust property—management, investment and dealings Part 3\nSection 28\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The synod of a diocese may, by ordinance, restrict or regulate the\nright of its members and of the members of its standing committee\nto move a resolution referred to in subsection (2) and prescribe the\nform that any such resolution shall take, and the synod of the\nDiocese of Sydney may similarly restrict, regulate and prescribe in\nrelation to the Sydney Church of England Finance and Loans Board.\n(5) A resolution passed under subsection (2) shall be certified—\n(a) by the Registrar of the diocese for which is held the church\ntrust property to which the resolution relates or by a person for\nthe time being acting in that office; or\n(b) by a secretary of the synod of that diocese or by a person for\nthe time being acting in that office.\n28 Power of corporate trustees to let in certain cases\n(1) A corporate body of trustees may let the church trust property vested\nin the body on lease for the term or terms that shall from time to\ntime be approved of by the synod of the diocese for which the\ncorporate body is constituted, or if the synod be not in session than\nas shall be approved of by the standing committee of the diocese.\n(2) However, until the first session of the synod after this Act comes\ninto force in the diocese the corporate body may let such church\ntrust property for any term of years not exceeding 7.\n31 Temporary investments\nPending the application of any money to arise as aforesaid, the\nmoney may, after payment out of the money of all proper costs,\ncharges, and expenses, be invested in Government or real securities\nin New South Wales or in the Commonwealth of Australia, or on\nfixed deposit in any bank, credit union or building society, or\notherwise as the Act directing the dealing, or any Act of the synod\nof the diocese in force for the time being and applicable thereto may\nprovide.\n\nPart 4 Variation of trusts\nSection 32\npage 12 Anglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\nR4\n27/12/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Variation of trusts\n32 Power of synod to vary trusts etc\n(1) If because of circumstances subsequent to the creation of the trusts,\nincluding trusts declared under this section, to which any church\ntrust property is for the time being subject, it has in the opinion of\nthe synod of the diocese for which the property is held become\nimpossible or inexpedient to carry out or observe the trusts, it shall\nbe lawful for the synod of the diocese by ordinance to declare their\nopinion, and the same or any subsequent ordinance to declare other\ntrusts for or for the use, benefit, or purposes of the Church of\nEngland within the diocese instead of the firstmentioned trusts and\nthe firstmentioned trusts shall thereupon by force of the ordinance\ncease and determine, and the property shall thereupon be held on the\nother trusts accordingly.\n(2) However, the property shall be dealt with and applied for the benefit\nof the Church of England in the parish or parishes (if any) for the\nbenefit of which the property was immediately before the ordinance\nheld in trust, and for the same purposes as nearly as may be as the\npurposes for which the property was immediately before the\nordinance held unless the synod of the diocese shall by ordinance\ndeclare that because of circumstances, subsequent to the creation of\nthe firstmentioned trusts, it is, in the opinion of the synod,\nimpossible or inexpedient to deal with or apply the property or some\npart of it for the use or benefit of such parish or parishes or for the\nsame or the like purposes, in which case the property or the part of it\nmay be dealt with and applied for the use and benefit of the Church\nof England for the other purposes and in the other parish or parishes\nin the diocese or otherwise that shall be declared by ordinance of the\nsynod of the diocese.\n\nVariation of trusts Part 4\nSection 32A\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n32A Limited substitution of trust of income\n(1) In this section:\nchurch trust property does not include church trust property held\nfor the sole benefit of a particular parish.\nprescribed period in relation to an ordinance made under\nsubsection (3) means—\n(a) if the ordinance specifies a particular period of 12 months as\nthe prescribed period for this section—that period of 12\nmonths; or\n(b) in any other case—the period of 12 months that next succeeds\nassent to the ordinance by the Bishop of the diocese.\n(2) This section applies to the Diocese of Sydney but does not apply to\nany other diocese until an ordinance of the synod of that other\ndiocese is published in the Gazette under the hand of the Bishop\ndeclaring that this section applies to that other diocese.\n(3) The synod of a diocese to which this section applies may by\nordinance declare that it is temporarily inexpedient to carry out or\nobserve the trusts to which the income from that property, or a\nspecified part of that income, is subject.\n(4) If the synod of a diocese makes an ordinance under subsection (3)\nwith respect to any income it may, by the same or a subsequent\nordinance, declare that, during the prescribed period for the\nordinance, that income is held on trusts, specified in the ordinance,\nfor or for the use, benefit or purposes (whether within or beyond that\ndiocese or the State) of the Anglican Church of Australia.\n(5) Income to which a declaration under subsection (4) relates shall,\nduring the prescribed period for the ordinance by which the\ndeclaration is made, be held on the trusts specified in that ordinance\nto the exclusion of any other trusts to which it was subject and shall,\nat the end of that prescribed period, become again subject to those\nother trusts.\n\nPart 5 Miscellaneous\nSection 37\npage 14 Anglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\nR4\n27/12/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n37 Repeal or amendment of ordinance\nSubject and without prejudice to any past operation of any\nordinance made or resolution passed under the provisions of this Act\nor any Act hereby repealed, and subject and without prejudice to\nany estate, right, privilege, obligation or liability vested, acquired,\naccrued, or incurred under any such ordinance or resolution—\n(a) the synod of a diocese may by ordinance repeal or amend—\n(i) any ordinance made by that synod; or\n(ii) any resolution passed by that synod or its standing\ncommittee; or\n(iii) if the diocese is the Diocese of Sydney—any resolution of\nthe Sydney Church of England Finance and Loans Board;\nand\n(b) the standing committee of the synod of a diocese may by\nresolution repeal or amend any resolution of that committee;\nand\n(c) the Sydney Church of England Finance and Loans Board may\nby resolution repeal or amend any resolution of that board.\n38 Delegation of powers etc by bishop\nDuring the absence from New South Wales of a bishop of a diocese,\na commissary appointed by the bishop may exercise all the powers\nand functions, and do and make all the things referred to in this Act,\nor such of them as shall be referred to in the appointment, as the\ncase may be, in the place of the bishop.\n39 Delegation of powers etc of bishop by ordinance\nDuring the absence of a bishop as aforesaid and if no commissary is\nappointed as aforesaid or some only of such powers, functions, and\n\nMiscellaneous Part 5\nSection 40\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nthings are referred to in the appointment of the commissary, or\nduring the incapacity of a bishop of a diocese arising from illness or\nany cause other than such absence as aforesaid, or during a vacancy\nin the see, the person or persons appointed for the purpose or\npurposes by ordinance of the synod of the diocese or in default of\nsuch ordinance or so far as the same shall not extend to any of such\npurposes the person next in ecclesiastical rank or degree in the\ndiocese and resident in it may exercise all the powers and functions\nand do and make all the things referred to in this Act or such of\nthem as are not referred to in any such appointment of a commissary\nas aforesaid, as the case may be, in the place of the bishop.\n40 Delegation of powers etc of synod\n(1) During the recess of the synod of a diocese such committee, council,\nor other body of persons (if any) as shall from time to time be\nconstituted or appointed for the purpose by or under ordinance of\nthe synod of the diocese may, in place of the synod of the diocese,\nexercise such of the powers and functions, and do and make such of\nthe things referred to in this Act that shall from time to time be\ndetermined by ordinance of the synod of the diocese, and the synod\nof the diocese may, for the purpose aforesaid, from time to time by\nordinance regulate the procedure of such committee, council, or\nother body of persons.\n(2) However, no ordinance passed by any such committee, council, or\nother body of persons as aforesaid shall take effect or have any\nvalidity unless within 1 month after the passing of the ordinance it\nshall be assented to under the Anglican Church of Australia\nConstitutions Act 1902 in its application in the ACT.\n41 Validity of acts etc under delegation\nThe preceding provisions of this Act shall, so far as applicable,\napply to all powers, functions, and things so exercised, done, and\nmade in the place of the bishop of the diocese and in the place of the\nsynod of the diocese as in this part respectively provided for, as if\n\nPart 5 Miscellaneous\nSection 42\npage 16 Anglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\nR4\n27/12/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nthe powers, functions, and things had been validly exercised, done,\nand made by the bishop of the diocese, or by the synod of the\ndiocese, as the case may be.\n42 Notification about trustees\nEach ordinance made under this Act under section 9, 10, 11, 13 or\n16, and each resolution and election made under section 12, 14, 15\nor 16, and each consent given under section 19, or under the\nAnglican Church of Australia Trust Property Act 1928, section 4,\nshall be forthwith notified in the Gazette under the hand of the\nbishop of the diocese.\n45 New dioceses\n(1) A provincial synod convened or held under the provisions of the\nAnglican Church of Australia Constitutions Act 1902, in its\napplication in the ACT, may make ordinances for and with respect\nto—\n(a) the formation of new dioceses; and\n(b) the alteration of boundaries of dioceses.\n(2) A new diocese shall not be formed by separation of any area from a\ndiocese unless the synod of the diocese consents by an ordinance to\nthe separation.\n(3) A new diocese shall not be formed by the union of 2 or more\ndioceses, or parts of dioceses, unless the synod of each of those\ndioceses consents by an ordinance to the union.\n(4) The boundaries of a diocese shall not be altered unless the synod of\nthe diocese consents by an ordinance to the alteration.\n(5) For the Diocese of Sydney the consent shall not be valid unless the\nordinance is passed with an absolute majority in each order.\n\nEndnotes\nAbout the endnotes 1\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\npage 17\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 and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\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\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter par = paragraph/subparagraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly pt = part\ndiv = division r = rule/subrule\nexp = expires/expired renum = renumbered\nGaz = gazette reloc = relocated\nhdg = heading R[X] = Republication No\nIA = Interpretation Act 1967 RI = reissue\nins = inserted/added s = section/subsection\nLA = Legislation Act 2001 sch = schedule\nLR = legislation register sdiv = subdivision\nLRA = Legislation (Republication) Act 1996 sub = substituted\nmod = modified/modification SL = Subordinate Law\no = order underlining = whole or part not commenced\nom = omitted/repealed or to be expired\n\nEndnotes\n3 Legislation history\npage 18 Anglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\nR4\n27/12/07\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 Trust Property Act\n1917 A1917-21 (NSW).\nThe Church of England Trust Property Act 1917 (NSW) was renamed as the\nAnglican Church of Australia Trust Property Act 1917 by the Church of England\nTrust Property (Amendment) Act 1976 (NSW).\nCertain sections of the Anglican Church of Australia Trust Property Act 1917\n(NSW) (as amended by the Church of England Trust Property (Amendment) Act\n1923 (NSW)), the Anglican Church of Australia Trust Property Amendment Act\n(No 2) 1923 (NSW) and the Church of England Trust Property (Amendment) Act\n1976 (NSW) were applied, in a modified form, in relation to the ACT ‘as if the\nTerritory were part of the State of New South Wales’ by the Church of England\nTrust Property Ordinance 1928 (now the Anglican Church of Australia Trust\nProperty Act 1928) A1928-19, section 16 (see also s 3, def of the Act and sch 2).\nSection 16 was inserted by the Church of England Trust Property Ordinance\n1941 Ord1941-10 and later amended by the Church of England in Australia\nOrdinance 1980 Ord1980-41 and the Anglican Church of Australia Ordinance\n1980 Ord1980-42.\nThe sections applied were sections 5 to 18, 24 to 28, 31, 32, 32A, 37 to 42 and 45.\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).\nNSW legislation\nAnglican Church of Australia Trust Property Act 1917 A1917-21\nassented to 7 November 1917\ncommenced 7 November 1917\n\nEndnotes\nLegislation history 3\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nas amended by\nChurch of England Trust Property (Amendment) Act 1923 Act 1923\nNo 26\nassented to 8 December 1923\ncommenced 8 December 1923\nNote This Act is not relevant to the sections of the 1917 Act that\napply in the ACT.\nChurch of England Trust Property (Amendment) Act (No 2) 1923 Act\n1923 No 28\nassented to 14 December 1923\ncommenced 14 December 1923\nNote This Act also contains provisions that are not relevant to the\nsections of the 1917 Act that apply in the ACT.\nChurch of England Trust Property (Amendment) Act 1923 Act 1923\nNo 26\nassented to 8 December 1923\ncommenced 8 December 1923\nNote This Act is not relevant to the sections of the 1917 Act that\napply to the ACT.\nCommonwealth legislation\nAnglican Church of Australia Trust Property Act 1928 A1928-19 sch 2\n(as am Ord1941-10, Ord1980-41 and Ord1980-42)\nnotified 6 September 1928\ncommenced 6 September 1928\nChurch of England in Australia Ordinance 1941 Ord1941-10\nnotified 4 September 1941\ncommenced 4 September 1941\nNote This Act amended the Church of England Trust Property\nOrdinance 1928 (now the Anglican Church of Australia Trust\nProperty Act 1928) A1928-19. The effect of the amendments\nwas to apply provisions of the Anglican Church of Australia\nTrust Property Act 1917 (NSW) (then the Church of England\nTrust Property Act 1917 (NSW)), in a modified form, in the\nACT.\n\nEndnotes\n3 Legislation history\npage 20 Anglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\nR4\n27/12/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nNSW legislation\nChurch of England Trust Property (Amendment) Act 1950 Act 1950\nNo 4\nassented to 24 March 1950\ncommenced 24 March 1950\nNote The amendments made by this Act were not applied in the\nACT.\nCommonwealth legislation\nChurch of England in Australia Ordinance 1980 Ord1980-41\nnotified 27 November 1980\ncommenced 27 November 1980\nNote This Act amended the Church of England Trust Property\nOrdinance 1928 (now the Anglican Church of Australia Trust\nProperty Act 1928) A1928-19, section 16. The Act did not\ndirectly amend the provisions of the Anglican Church of\nAustralia Trust Property Act 1917 applying in the ACT.\nHowever, the effect of the amendments was to change the\nprovisions of the 1917 Act applying in the ACT.\nAnglican Church of Australia Ordinance 1980 Ord1980-42\nnotified 27 November 1980\ncommenced 24 August 1981 (s 2 and Cwlth Gaz 1981 No G7)\nNote This Act amended the Church of England Trust Property\nOrdinance 1928 (now the Anglican Church of Australia Trust\nProperty Act 1928) A1928-19, section 16 (see also s 6,\nsubstituted def of the Act and new sch 2 inserted by that\nordinance). The Act did not directly amend the provisions of\nthe Anglican Church of Australia Trust Property Act 1917\napplying in the ACT. However, the effect of the amendments\nwas to change the provisions of the 1917 Act applying in the\nACT.\nLegislation after becoming Territory enactment\nFinancial Institutions (Removal of Discrimination) Act 1997 A1997-88\nsch\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)\n\nEndnotes\nAmendment history 4\nR4\n27/12/07\nAnglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 13\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 13 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.6\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.6 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.1\nnotified LR 6 December 2007\ns 1, s 2 commenced 6 December 2007 (LA s 75 (1))\nsch 3 pt 3.1 commenced 27 December 2007 (s 2)\n4 Amendment history\nPreliminary\npt 1 hdg ins A2001-44 amdt 1.125\nName of Act\ns 1 ins A2007-3 amdt 3.24\nApplication of Legislation Act\ns 2 ins A2001-44 amdt 1.125\nTrustees—constitution and succession\npt 2 hdg ins A2007-39 amdt 3.1\nExisting corporate bodies\ns 5 ss and pars num R2 LA\nSeparate trustees\ns 16 am Ord1928-19 s 16 (as am Ord1980-41 s 22)\nBishops\ns 18 am Ord1928-19 sch 2 (as am Ord1980-42 s 10)\nTrust property—management, investment and dealings\npt 3 hdg ins A2007-39 amdt 3.2\nSynod may direct sales etc\ns 26 am Ord1928-19 sch 2 (as am Ord1980-42 s 10); ss num R2\nLA\nPower of corporate trustees to let in certain cases\ns 28 ss num R2 LA\n\nEndnotes\n5 Earlier republications\npage 22 Anglican Church of Australia Trust Property Act 1917\nEffective: 27/12/07\nR4\n27/12/07\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nTemporary investments\ns 31 am A1997-88 sch\nVariation of trusts\npt 4 hdg ins A2007-39 amdt 3.3\nPower of synod to vary trusts etc\ns 32 ss num R2 LA\nLimited substitution of trust of income\ns 32A am Ord1928-19 sch 2 (as am Ord1980-42 s 10)\nMiscellaneous\npt 5 hdg ins A2007-39 amdt 3.4\nRepeal or amendment of ordinance\ns 37 am Ord1928-19 sch 2 (as am Ord1980-42 s 10)\nDelegation of powers etc of synod\ns 40 am Ord1928-19 sch 2 (as am Ord1980-42 s 10); ss num R2\nLA\nNotification about trustees\ns 42 am Ord1941-10 s 3\nNew dioceses\ns 45 ins Act 1923 No 28 (NSW) s 2\nam Ord1928-19 sch 2 (as am Ord1980-42 s 10)\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 Ord1980-42 31 August 1992\n2 A2001-44 30 August 2002\n3 A2007-3 12 April 2007\n\n© Australian Capital Territory 2007","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":5,"scope_assessment":{"changed":true,"description":"Originally enacted in 1917 as a NSW law for the Church of England, this legislation has significantly evolved. It was renamed in 1976 to reflect the Church becoming the 'Anglican Church of Australia'. The ACT version is a modified subset of the original NSW Act, with only specific sections applied via the 1928 Ordinance and subsequent amendments. The scope has expanded to include modern investment powers (credit unions, building societies), temporary trust variations (section 32A), and specific provisions for corporate trustees (section 16(2)-(3) allowing incorporated trustee companies for Canberra-Goulburn). The law has also become more complex with diocese-specific provisions that create a two-tier system where Sydney has broader powers than other dioceses unless they opt-in via Gazette notification."},"complexity_factors":["Historical layering: Originally a 1917 NSW Act, modified multiple times (1923, 1928, 1941, 1980) before becoming ACT law in 1999","Selective application: Only specific sections (5-18, 24-28, 31, 32, 32A, 37-42, 45) apply in the ACT, not the entire Act","Dual terminology: Uses both 'Church of England' and 'Anglican Church of Australia' reflecting name changes over time","Conditional provisions: Several sections (26A, 27A, 32A) only apply to specific dioceses (mainly Sydney) unless explicitly adopted by others via Gazette notification","Cross-referencing: Heavy reliance on the Anglican Church of Australia Constitutions Act 1902 for procedural requirements like assent to ordinances","Nested delegation: Multiple layers of delegation (bishop to commissary, synod to standing committees, specific boards like the Sydney Church of England Finance and Loans Board)","19th century drafting style: Archaic language ('It shall be lawful', 'ex officio', 'deemed to be') mixed with modern amendments","Definition section limited to specific sections: 'church trust property' and 'prescribed period' only defined for section 32A"],"plain_english_summary":"This law sets a legal framework for how the Anglican Church in the ACT owns, manages and disposes of land and money by recognising and creating corporate trustees and empowering synods and bishops to govern trusts. It protects parish interests in specified dioceses and affects dioceses, trustees, parish councils, church members, and third parties dealing with church property."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Compared with a narrow original purpose of recognising and constituting church trustee bodies and preserving title, later insertions and applied provisions broadened the Act into a practical governance regime for diocesan asset management. Additions include explicit powers to set investment rules and pool funds (s 25), mechanisms to vary or substitute trusts (ss 32, 32A), the ability to authorise dealings by resolution rather than only by ordinance (s 27A), and procedures for delegation and temporary substitution of income trusts. Several of these expansions (notably ss 26A, 27A, 32A and the delegation parts) were added later or operate only if dioceses opt in, so the Act has grown from a technical incorporations/statutory‑title statute to a toolkit enabling active diocesan management and reallocation of church property and income."},"complexity_factors":["Relatively short statute but substantive: ~45 sections focused on corporate trusteeship, property management, trust variation and delegation.","Multiple conditional provisions that apply only to certain dioceses (notably the Diocese of Sydney and Diocese of Canberra & Goulburn) (ss 26(2), 26A, 27A, 32A).","Cross‑references to other instruments and Acts (Anglican Church of Australia Constitutions Act 1902, Anglican Church of Australia Trust Property Act 1928, diocesan ordinances) creating external dependencies (ss 2, 26(2), 27A, 32A).","Several governance actors with distinct powers: synod, standing committee, bishop, finance board, corporate trustees, registrars (multiple sections including ss 24–27, 27A, 37–42).","Layered decision routes: powers exercisable by ordinance, resolution, or delegated committee, with different assent/notification consequences (ss 26, 27, 27A, 40–42).","Substantive discretion: open‑ended standard \"impossible or inexpedient\" to vary trusts (s 32) — creates fact‑specific legal tests and potential litigation risk.","Temporal and opt‑in elements: some powers are temporarily exercisable (s 32A prescribed period) or require an express diocesan ordinance to apply outside Sydney (ss 26A, 27A, 32A).","Procedural formalities (Gazette notifications, bishop’s assent, certification by registrar) create administrative steps that must be tracked (ss 27A(5), 42).","Cumulative and saving provisions referencing earlier statutes and repeals/history complicate interpretation in light of historical instruments (endnotes and s 5).","Limited number of defined terms in this Act but significant reliance on terms and structures defined in other church Acts and diocesan ordinances."],"plain_english_summary":"**What this Act does, mechanically**\n\n- Establishes how Anglican church trust property in the Australian Capital Territory (ACT) is held, managed and dealt with by diocesan trustee bodies (sections 5–18).  Existing corporate trustee bodies named in the Act are treated as properly constituted (s 5); other diocesan synods may elect and constitute corporate trustee bodies (s 6).\n\n- Sets basic internal rules for those trustee bodies: custody of a common seal, quorum (3 members) and that actions by three members under a resolution and the seal bind the corporate body (ss 7–8). Synods may change those internal rules by ordinance (s 9).\n\n- Gives diocesan synods power to govern how church trust property is managed and used (s 24), to set investment rules and permit pooling of separate trust funds for investment (s 25), and to direct sales, exchanges, mortgages, leases or other dealings with trust property by ordinance (s 26).  Some dioceses (notably Sydney and Canberra & Goulburn) have special consent or opt‑in rules for particular categories of property (s 26(2), s 26A, s 27A).\n\n- Allows synods to specify who executes deeds and does the acts necessary to carry out sales, mortgages or other dealings (s 27).\n\n- Permits short‑term or temporary investment options for money arising from dealings (s 31).\n\n- Enables a synod to vary or replace existing trusts over church trust property when continuing the original trust has become impossible or inexpedient because of later circumstances (s 32).  There is a narrower, time‑limited power to substitute the trust over income from property (not capital), subject to limits and opt‑in rules (s 32A).\n\n- Provides that synods, standing committees, bishops (and in some cases other diocesan bodies) can delegate powers, and that acts done under delegation are treated as valid (ss 37–41).  Many instruments and elections under the Act must be notified in the Gazette by the bishop (s 42).\n\n- Contains rules about forming new dioceses or changing diocesan boundaries (s 45) and about continuity of episcopal office for statutory and deed construction (s 18).\n\n- States that the Legislation Act 2001 (the general ACT drafting/statutory rules) does not apply to instruments made under this Act (s 2).\n\n**Who this affects**\n\n- Diocesan synods and their standing committees: they gain (or retain) primary decision‑making power over church trust property (ss 24–27, 32).\n\n- Corporate trustees and trustees appointed by synods: the Act determines their constitution, powers and succession (ss 5–16).\n\n- Parish councils and individual parishes: in specified cases the parish council’s consent is required before a synod ordinance affecting property held solely for a parish can be assented to (s 26(2)).  Otherwise, synods can change the use of property that was previously held for parish purposes, subject to s 32’s protective language.\n\n- Donors and beneficiaries of dedicated gifts: the Act allows synods to override or vary trusts where it becomes impracticable to carry them out, and (subject to some limits) to reallocate income for diocesan or wider church purposes (ss 32, 32A).\n\n- Bishops and registrars: the bishop signs Gazette notifications and may give assent; registrars certify resolutions (ss 27A(5), 42).\n\n**Why it matters (official purpose and practical consequences)**\n\n- The Act’s stated mechanics let diocesan bodies manage, invest, convert and re‑allocate church trust property and income when circumstances change after the trusts were created (ss 24–26, 32).  The practical effect is to give diocesan governance organs legal tools to adapt legacy property and income arrangements to current needs.\n\n- Benefits claimed by that design (as the Act enables): flexibility in asset management, the ability to pool investments for professional management, to realise or finance property, and to avoid deadlocks where old trusts are impracticable.  These powers can reduce transaction friction for diocesan asset managers (ss 25–27, 31, 32).\n\n- Trade‑offs, costs and incentive effects to note:\n  - Concentration of decision‑rights in the synod/standing committee (and, in some cases, boards authorised by synod) makes diocesan governance the decisive actor in property decisions (ss 24–27, 27A, 40).  That centralisation reduces the ability of individual parishes or original donors to veto reallocations except where the Act expressly requires their consent (s 26(2)).\n  - The Act allows deviation from original donor or parish purposes when the synod considers it \"impossible or inexpedient\" to carry out the original trust (s 32). This creates scope for reallocating assets and income (s 32A) but also raises the risk that donor intent will be displaced unless donor consent or statutory protections apply (compare s 26(2) and s 32(2)).\n  - Allowing resolutions (rather than ordinances) to authorise some mortgages or dealings (s 27A) lowers the procedural cost of action but may reduce external scrutiny (ordinarily assent processes differ between ordinances and internal resolutions).\n  - Pooling and investment powers (s 25) can achieve scale economies but concentrate investment risk and decision‑making; they increase reliance on diocesan governance and any professional advisers the synod appoints.\n\n- Implementation and compliance burdens:\n  - The Act requires formal steps: ordinances, resolutions, and Gazette notification signed by the bishop (ss 26–27, 42).  Those procedural requirements create administrative cost and a predictable record of decisions.\n  - Some powers only apply to dioceses that adopt them by ordinance (notably the special Sydney provisions in ss 26A, 27A, 32A), so dioceses must make active enabling choices to access certain flexibilities.\n\n**Who pays, who decides, what behaviour changes**\n\n- Who decides: diocesan synods (primary), their standing committees, bishops (for assent and notifications), and in some cases diocesan finance boards or registrars (ss 24–27, 27A, 37–42).\n\n- Who pays / who bears costs: the church trust funds and the parishes that are beneficiaries bear transaction costs, investment gains/losses, and opportunity costs when property or income is redirected (ss 25, 31, 32).  Private donors may effectively have intended benefits diverted unless their consent or statutory protections apply (s 26(2)).\n\n- Behaviour likely to change: dioceses can more readily sell, mortgage or re‑invest church property; pool assets for investment; temporarily substitute trusts over income; and appoint corporate trustee structures (ss 24–27, 25, 32, 32A, 16).  Parishes and donors will be required to operate under a governance regime that can override some historical allocations when synods so decide.\n\n**Concrete legal limits and checks**\n\n- Specific consent protections exist in limited circumstances (e.g. property held solely for a parish in Sydney and Canberra & Goulburn needs parish council consent for certain disposals; s 26(2)).\n\n- Several powers are subject to synod ordinances, bishop’s assent, or Gazette notification, creating procedural checks and a public record (ss 26, 27, 42).\n\n**Net procedural picture**\n\nMechanically, the Act modernises and centralises diocesan control over church trust property while retaining some protections for parish‑level interests and donor intent in specified situations.  It shifts substantive choice about asset use and investment from individual trustees or parishes to diocesan synods and their delegated bodies, with formalities (ordinance, resolution, Gazette notification) required to make changes effective (see especially ss 24–27, 32, 32A, 37–42)."}},"importantCases":[],"_links":{"self":"/api/acts/anglican-church-of-australia-trust-property-act-1917","history":"/api/acts/anglican-church-of-australia-trust-property-act-1917/history","analysis":"/api/acts/anglican-church-of-australia-trust-property-act-1917/analysis","conflicts":"/api/acts/anglican-church-of-australia-trust-property-act-1917/conflicts","importantCases":"/api/acts/anglican-church-of-australia-trust-property-act-1917/important-cases","documents":"/api/acts/anglican-church-of-australia-trust-property-act-1917/documents"}}