{"id":"a-1928-19","name":"Anglican Church of Australia Trust Property Act 1928","slug":"anglican-church-of-australia-trust-property-act-1928","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"19 of 1928","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23044,"registerId":"act-a-1928-19-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3A","sectionType":"section","heading":"Adoption of Anglican Church of Australia Constitution","content":"3A Adoption of Anglican Church of Australia Constitution\nAct 1961 (NSW)\n(1) Subject to this section, the Anglican Church of Australia\nConstitution Act 1961 (NSW), sections 2, 3, 8 and 9 as amended\nas set out in schedule 1, apply, by force of this section, in the\nTerritory as a law of the Territory.\n(2) In the application in the Territory of those provisions—\n(a) any reference to the State of New South Wales is a\nreference to the Territory; and\n(b) the reference in section 2 of those provisions to the\nBishops, clergy and laity being members of the Anglican\nChurch of Australia in the several Dioceses of the\nAnglican Church of Australia within the State of New\nSouth Wales is a reference to the Bishops, clergy and laity,\nbeing members of the Anglican Church of Australia in the\nDiocese within the Territory.\n4 Vesting trust property in corporate trustees\n(1) Any church trust property that at any time belongs to or is\nvested in any trustees shall, on the consent of the trustees or the\nmajority of them given in writing, or on the consent of the\nsynod of the Diocese given by or under an ordinance of the\n\nSection 5\npage 4 Anglican Church of Australia Trust Property Act 1928 R3\nsynod, because of that consent and without other assurance in\nthe law, become vested in the corporate body of trustees.\n(2) However, if in consequence of death or disability the consent of\nany trustee cannot be obtained, the bishop of the Diocese may\nconsent in the place of that trustee.\n5 Property vested in bishops\nAll church trust property that at any time belongs to or is vested\nin the bishop of the Diocese shall, by force of this Act, vest\nfrom time to time in the person who for the time being is or is\ndeemed to be the successor of the bishop of the Diocese as if\nthat property had belonged to or had been originally granted or\nconveyed to the bishop of the Diocese and his successors as a\nbody corporate.\n","sortOrder":0},{"sectionNumber":"6","sectionType":"section","heading":"Property vested in new trustee","content":"6 Property vested in new trustee\nOn the election or appointment of a new trustee, all the church\ntrust property in relation to which the election or appointment is\nmade shall, because of the election or appointment, and without\nother assurance in the law, become vested in the new trustee\neither alone or jointly with the surviving or continuing trustees,\nas the case requires, and every new trustee so elected or\nappointed shall have the same powers and authorities and\ndiscretions, and shall in all respects act as if the new trustee had\nbeen originally made a trustee on the creation of the trust.\n","sortOrder":1},{"sectionNumber":"7","sectionType":"section","heading":"Vesting of property in case of new diocese etc","content":"7 Vesting of property in case of new diocese etc\n(1) If, by ordinance made under the Act, section 22, the synod of\nthe Diocese allocates any church trust property for any other\ndiocese or proposed diocese, that church trust property shall,\nbecause of that ordinance and without other assurance in the\nlaw, from the times respectively provided in that ordinance, be\nheld for the other diocese or proposed diocese instead of the\nDiocese so allocating the property, and be vested in the new\ntrustees respectively then or afterwards elected for that church\n\nSection 8\nR3 Anglican Church of Australia Trust Property Act 1928 page 5\ntrust property in the place of the trustees of the property for the\ntime being or any of them, and on the trusts to which that\nproperty is for the time being subject, but for or for the use,\nbenefit or purposes of the Anglican Church of Australia in the\ndiocese or proposed diocese for which that property has been so\nallocated in the place of the diocese so allocating the property.\n(2) For this Act, the power of the synod of the Diocese to make\nordinances under the Act, section 22, in the circumstances\nreferred to in that section, in relation to church trust property\nwithin the meaning of the Act extends, under this subsection, to\nmaking ordinances in those circumstances, in relation to church\ntrust property within the meaning of this Act.\n","sortOrder":2},{"sectionNumber":"8","sectionType":"section","heading":"Property vested in separate trustees","content":"8 Property vested in separate trustees\n(1) On the election of separate trustees for any church trust property\nthat property shall, because of the election and without other\nassurance in the law, become vested in the separate trustees in\nthe place of the trustees of the property for the time being, and\nthe separate trustees shall, in relation to that property, have the\nsame powers, authorities and discretions, and shall in all\nrespects act as if they had been originally made trustees on the\ncreation of the trust.\n(2) On the appointment of an incorporated company as the separate\ntrustee of any church trust property, that property shall, because\nof the appointment and without other assurance in the law,\nbecome vested in the separate trustee in the place of the trustees\nof the property for the time being, and the separate trustee shall,\nin relation to that property, have the same powers, authorities\nand discretions, and shall in all respects act, as if it had been\noriginally made trustee on the creation of the trust.\n(3) In the application of the provisions of this Act in relation to\nchurch trust property vested in an incorporated company under\nsubsection (2), references to the trustees of church trust property\nare references to the separate trustee of that property.\n\nSection 8A\npage 6 Anglican Church of Australia Trust Property Act 1928 R3\n","sortOrder":3},{"sectionNumber":"8A","sectionType":"section","heading":"Ordinances about use of property jointly with other","content":"8A Ordinances about use of property jointly with other\nchurches\n(1) The synod of the Diocese may, by ordinance, make provision\nfor and in relation to—\n(a) the use of church trust property by a congregation of the\nAnglican Church of Australia and by a congregation of\nanother church or congregations of other churches; and\n(b) the acquisition of property by the Church of England\nProperty Trust Diocese of Canberra and Goulburn or by\nother trustees to be so used; and\n(c) the application of money vested in the Church of England\nProperty Trust Diocese of Canberra and Goulburn, in other\ntrustees or in any church-wardens or other persons holding\noffice under an ordinance of the synod on trust for the use,\nbenefit or purposes of the Anglican Church of Australia in\nthe Diocese on or in connection with any specified\npurpose.\n(2) For subsection (1)—\n(a) the acquisition of land or other property; or\n(b) the erection of a building; or\n(c) the repair, alteration or maintenance of a building or other\nproperty;\nto be used by a congregation of the Anglican Church of\nAustralia and a congregation of another church or congregations\nof other churches (whether the land where the building is or is\nto be erected, or the property, is vested in or is to be vested in\nthe Church of England Property Trust Diocese of Canberra and\nGoulburn or in other trustees on behalf of the Anglican Church\nof Australia or in trustees on behalf of another church) are each\na specified purpose.\n\nSection 8A\nR3 Anglican Church of Australia Trust Property Act 1928 page 7\n(3) The power to make ordinances under subsection (1) of this\nsection includes power to make ordinances authorising the\nBishop to enter into an agreement with the proper authority of\nanother church or with the proper authorities of other churches,\nfor the use of land or other property, including church trust\nproperty, by a congregation of the Anglican Church of Australia\nand a congregation of that other church, or congregations of\nthose other churches, as the case may be, and, in connection\nwith that use, for the acquisition of land or other property, the\nerection of a building on land, or the repair, alteration or\nmaintenance of a building on land or of other property, whether\nor not the land or property is vested in or is to be vested in the\nChurch of England Property Trust Diocese of Canberra and\nGoulburn or other trustees for the Anglican Church of Australia\nor in trustees for any other church.\n(4) The Church of England Property Trust Diocese of Canberra and\nGoulburn and any other trustees holding office under or in\naccordance with this Act or the sections of the Act specified in\nsection 16 are, under this subsection, authorised to hold land or\nother property in the Territory that is for the time being subject\nto a trust for the use, benefit or purposes of the Anglican Church\nof Australia and another church or other churches.\n(5) The synod of the Diocese has, in relation to land or other\nproperty that is for the time being subject to a trust for the use,\nbenefit or purposes of the Anglican Church of Australia and\nanother church or other churches, and the Church of England\nProperty Trust Diocese of Canberra and Goulburn or any other\ntrustees in which any such land or property is vested has or\nhave, the like powers in relation to that land or property as it has\nor they have under this Act or under the sections of the Act\nspecified in section 16 in relation to church trust property.\n(6) The use of church trust property, and the application of church\ntrust property (including money arising on the conversion into\nmoney of church trust property in accordance with an ordinance\nmade by the synod of the Diocese under this Act or under a\n\nSection 9\npage 8 Anglican Church of Australia Trust Property Act 1928 R3\nsection of the Act specified in section 16) in accordance with an\nordinance made under this section or in accordance with an\nagreement entered into in accordance with an ordinance made\nunder this section shall, for all purposes, be deemed to be and to\nhave been lawfully used or applied notwithstanding any trust on\nwhich the property or the money was or is held.\n(7) In this section, a reference to the use of property by a\ncongregation of the Anglican Church of Australia and the\ncongregation of another church or congregations of other\nchurches is a reference to the use of that property by those\ncongregations in common as separate congregations, jointly as a\njoint congregation or both in common and jointly.\n","sortOrder":4},{"sectionNumber":"9","sectionType":"section","heading":"Protection of purchasers etc","content":"9 Protection of purchasers etc\nA purchaser, mortgagee, lessee or other person or the registrar-\ngeneral, on any sale, exchange, mortgage, lease or other dealing\npurporting to be made under the powers granted by or under the\nAct, shall not be concerned to see or inquire into the necessity\nor propriety of the dealing, or the mode of exercising the\npowers, or be affected by notice that the exercise of the powers\nis unauthorised, irregular or improper, or be concerned to see to\nthe application or disposition of any purchase, mortgage or\nother money or rent paid by him or her.\n","sortOrder":5},{"sectionNumber":"10","sectionType":"section","heading":"Discharge for purchase money etc","content":"10 Discharge for purchase money etc\nThe money (if any) arising from any sale, exchange, mortgage,\nlease or other dealing purporting to be made under the powers\ngranted by or under the Act, shall be paid to the trustees in\nwhom the property, the subject matter of the sale, exchange,\nmortgage, lease or other dealing immediately theretofore vested,\nor to the other person that the ordinance (if any) directing the\nsale, exchange, mortgage, lease or other dealing provides, and\nthe receipt of the trustee or other person, as the case may be,\nshall be an effectual discharge for the money.\n\nSection 11\nR3 Anglican Church of Australia Trust Property Act 1928 page 9\n","sortOrder":6},{"sectionNumber":"11","sectionType":"section","heading":"Membership of corporate bodies","content":"11 Membership of corporate bodies\nA certificate signed by the bishop of the Diocese shall be prima\nfacie evidence, and, in favour of the registrar-general and of all\npersons purchasing, advancing money on, leasing or otherwise\nacquiring or possessing any estate or interest in the church trust\nproperty referred to in the certificate, shall be conclusive\nevidence that the persons named in the certificate are the duly\nconstituted members of the corporate body of trustees and that\nthey became members at the date or respective dates mentioned\nin the certificate.\n","sortOrder":7},{"sectionNumber":"12","sectionType":"section","heading":"Trusteeship","content":"12 Trusteeship\nA certificate signed by the bishop of the Diocese shall be prima\nfacie evidence, and, in favour of the registrar-general and of all\npersons purchasing, advancing money on, leasing, or otherwise\nacquiring or possessing any estate or interest in the church trust\nproperty referred to in the certificate, shall be conclusive\nevidence that the persons named in the certificate are the duly\nconstituted trustees of the property, and that they became\ntrustees at the date or respective dates and in the way mentioned\nin the certificate, and for lands under the Land Titles Act 1925\nshall entitle the trustees to be registered as the proprietors of the\nlands accordingly, and to have a certificate of title issued to\nthem without any formal transfer.\n","sortOrder":8},{"sectionNumber":"13","sectionType":"section","heading":"Making of ordinances","content":"13 Making of ordinances\nA document purporting to be a copy of an ordinance or\nresolution certified and recorded in accordance with the Act or\nany Act repealed by the Act or a certified or office copy of it,\nshall be prima facie evidence, and, in favour of all persons\npurchasing, advancing money on, leasing, or otherwise\nacquiring or possessing any estate or interest in the property\nreferred to in it, shall be conclusive evidence that an ordinance\nin terms of the copy was duly made and assented to, or that a\nresolution in those terms was duly passed, and that all necessary\n\nSection 14\npage 10 Anglican Church of Australia Trust Property Act 1928 R3\nconsents and directions were duly given, and that all\nproceedings in connection with it were regular and in due form,\nand that the ordinance or resolution was not repealed or\namended except (if at all) by such ordinances or resolutions, as\nthe case may be, as are for the time being certified and recorded\nin accordance with the Act or any such repealed Act.\n","sortOrder":9},{"sectionNumber":"14","sectionType":"section","heading":"Notification in State Gazette","content":"14 Notification in State Gazette\nA copy of the New South Wales Government Gazette\ncontaining a notification purporting to be published under the\nprovisions of the Act or any Act repealed by the Act, shall be\nprima facie evidence of the matters notified in it, the notification\nof which is authorised by the Act or any such repealed Act.\n","sortOrder":10},{"sectionNumber":"15","sectionType":"section","heading":"Record of ordinances","content":"15 Record of ordinances\nIf any lands referred to in any ordinance or resolution made\nunder the Act, section 22, 24, 25, 26, 26A, 27, 27A, 32, 37, 39\nor 40 are under the Land Titles Act 1925, a copy of the\nordinance certified by the bishop of the Diocese or of the\nresolution certified as provided in the Act, section 27A (5) shall\nbe deposited with the registrar-general for safe custody and\nreference.\n","sortOrder":11},{"sectionNumber":"16","sectionType":"section","heading":"Application of certain provisions of the Act","content":"16 Application of certain provisions of the Act\n(1) The Act, sections 5 to 18, 24 to 28, 31, 32, 32A, 37 to 42 and\n45, as amended as set out in this Act, schedule 2, shall apply in\nrelation to the Territory as if the Territory were part of the State\nof New South Wales.\n(2) For the purpose of applying the Act, section 42 to the Territory\nin accordance with subsection (1) of this section, that section\nshall be read as if after ‘19’ there were inserted ‘or under the\nAnglican Church of Australia Trust Property Act 1928, section\n4’.\n\nSection 17\nR3 Anglican Church of Australia Trust Property Act 1928 page 11\n(3) The Act, section 16 applies in the Territory in accordance with\nthis section as if the following subsections were added at the\nend:\n‘(2) Without limiting the application of subsection (1), the\nsynod of the Diocese of Canberra and Goulburn may appoint,\nby ordinance, an incorporated trustee company to be the sole\ntrustee, or 1 of the trustees, of any church trust property held for\nthat diocese.\n‘(3) In subsection (2):\nincorporated trustee company means an incorporated company\nthe objects of which include the object of acting as trustee of\nchurch trust property held for the Diocese of Canberra and\nGoulburn under an appointment made by ordinance of the synod\nof that diocese.’.\n","sortOrder":12},{"sectionNumber":"17","sectionType":"section","heading":"Church of England in Australia Trust Corporation","content":"17 Church of England in Australia Trust Corporation\n(1) The corporation has, under this section, in relation to property in\nthe Territory of the Anglican Church of Australia, all the rights\nand powers that it has in relation to property in New South\nWales of that Church.\n(2) A certificate signed by the Primate of the Anglican Church of\nAustralia, or of a Metropolitan or Bishop of that Church\nexercising the authorities, powers, rights and duties of the\nPrimate under the Constitution, certifying that the corporation\nconsists of the persons specified in the certificate is, for all\npurposes, evidence of the matters certified.\n(3) A certificate, signed by a person holding office as a member of\nthe corporation, certifying that a document annexed to the\ncertificate is a true copy of a resolution of the corporation duly\npassed at a duly constituted meeting of the corporation is, for all\npurposes, evidence of the matters certified.\n\nSection 18\npage 12 Anglican Church of Australia Trust Property Act 1928 R3\n(4) A document purporting to be a certificate referred to in\nsubsection (2) or (3) shall, unless the contrary is proved, be\ndeemed to be such a certificate and to have been duly issued.\n","sortOrder":13},{"sectionNumber":"18","sectionType":"section","heading":"References to Church of England and Church of","content":"18 References to Church of England and Church of\nEngland in Australia\nAfter the commencement of this section, any reference in—\n(a) an Act; or\n(b) a grant, deed, will or other instrument;\nto the Church of England or the Church of England in Australia\nis, unless the contrary intention appears, a reference to the\nAnglican Church of Australia.\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including regulations\n(see Legislation Act 2001, s 104).\n","sortOrder":14},{"sectionNumber":"19","sectionType":"section","heading":"Application of this Act","content":"19 Application of this Act\n(1) Subject to this section—\n(a) this Act (other than sections 3A and 16); and\n(b) the provisions of the Act referred to in section 16; and\n(c) the provisions of the Anglican Church of Australia\nConstitution Act 1961 referred to in section 3A;\napply, by force of this section, in the Jervis Bay Territory.\n(2) In the application of this Act in the Jervis Bay Territory—\n(a) any reference to the Territory is a reference to the Jervis\nBay Territory; and\n(b) any reference to the Diocese of Canberra and Goulburn is a\nreference to the Diocese of Sydney; and\n\nFundamental Declarations Chapter I\nSection 19\nR3 Anglican Church of Australia Trust Property Act 1928 page 13\n(c) any reference to the Church of England Property Trust\nDiocese of Canberra and Goulburn is a reference to the\nChurch of England Property Trust Diocese of Sydney.\n(3) The provisions referred to in subsection (1) (b) apply in the\nJervis Bay Territory as if that Territory were part of the State of\nNew South Wales.\n(4) The provisions referred to in subsection (1) (c) apply in the\nJervis Bay Territory as if—\n(a) any reference to the State of New South Wales were a\nreference to the Jervis Bay Territory; and\n(b) the reference to the Bishops, clergy and laity being\nmembers of the Anglican Church of Australia in the\nseveral Dioceses of the Anglican Church of Australia\nwithin the State of New South Wales were a reference to\nthe Bishops, clergy and laity, being members of the\nAnglican Church of Australia in the Diocese of Sydney\nwithin the Jervis Bay Territory.\n","sortOrder":15},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"The Constitution of the","content":"Schedule 3 The Constitution of the\nAnglican Church of Australia\n(s 3, def the Constitution)\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\nFaith as professed by the Church of Christ from primitive times\nand in particular as set forth in the creeds known as the Nicene\nCreed and the Apostles’ Creed.\n\npage 14 Anglican Church of Australia Trust Property Act 1928 R3\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\nfor salvation.\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\nministry.\nChapter II Ruling Principles\n4. This Church, being derived from the Church of England, retains\nand approves the doctrine and principles of the Church of\nEngland embodied in the Book of Common Prayer together\nwith the Form and Manner of Making Ordaining and\nConsecrating of Bishops, Priests and Deacons and in the\nArticles of Religion sometimes called the Thirty nine Articles\nbut has plenary authority at its own discretion to make\nstatements as to the faith ritual ceremonial or discipline of this\nChurch and to order its forms of worship and rules of discipline\nand to alter or revise such statements, forms and rules, provided\nthat all such statements, forms, rules or alteration or revision\nthereof are consistent with the Fundamental Declarations\ncontained herein and are made as prescribed by this\nConstitution. Provided, and it is hereby further declared that the\nabove-named Book of Common Prayer, together with the\nThirty-Nine Articles, be regarded as the authorised standard of\nworship and doctrine in this Church, and no alteration in or\npermitted variations from the Services or Articles therein\ncontained shall contravene any principle of doctrine or worship\nlaid down in such standard.\nProvided further that until other order be taken by canon made\nin accordance with this Constitution, a Bishop of a Diocese\nmay, at his discretion, permit such deviations from the existing\nOrder of Service, not contravening any principle of doctrine or\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 15\nworship as aforesaid, as shall be submitted to him by the\nIncumbent and Churchwardens of a parish.\nProvided also that no such request shall be preferred to the\nBishop of a Diocese until the Incumbent and a majority of the\nparishioners present and voting at a meeting of parishioners,\nduly convened for the purpose, shall signify assent to such\nproposed deviations. Such meeting shall be duly convened by\nwriting, placed in a prominent position at each entrance to the\nChurch and by announcement at the Morning and Evening\nServices, or at the service if only one, at least two Sundays\nbefore such meeting, stating the time and place of such meeting,\nand giving full particulars of the nature of the proposed\ndeviation.\n5. Subject to the Fundamental Declarations and the provisions of\nthis Chapter this Church has plenary authority and power to\nmake canons, ordinances and rules for the order and good\ngovernment of the Church, and to administer the affairs thereof.\nSuch authority and power may be exercised by the several\nsynods and tribunals in accordance with the provisions of this\nConstitution.\n6. This Church will remain and be in communion with the Church\nof England in England and with Churches in communion\ntherewith so long as communion is consistent with the\nFundamental Declarations contained in this Constitution.\n\npage 16 Anglican Church of Australia Trust Property Act 1928 R3\nPart II The Government of the\nChurch\nChapter III Of the Bishops\n7. A diocese shall in accordance with the historic custom of the\nOne Holy Catholic and Apostolic Church continue to be the unit\nof organisation 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\nmay be prescribed by or under the constitution of the diocese,\nprovided that the election shall as to the canonical fitness of the\nperson elected be subject to confirmation as prescribed by\nordinance of the provincial synod, or if the diocese is not a part\nof a province then as prescribed by canon of general synod.\nDuring any vacancy in the office or incapacity of the bishop of\nany diocese 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\nexercised by the person appointed by or under the constitution\nof the diocese to administer the affairs of the diocese.\nGeneral synod may by canon confer upon a bishop of a diocese\nthe title of Archbishop provided that such canon shall be carried\nby an affirmative vote of at least two-thirds of the members of\neach house and shall receive the approval of all the\nMetropolitans.\n9. There shall be a Metropolitan (to be called Archbishop) of each\nprovince of this Church who shall hold office as prescribed by\nany Act of Parliament or by the constitution of the province or\nby ordinance of the provincial synod.\nDuring any vacancy in the office or incapacity of the\nMetropolitan of any province, or during his absence from the\nprovince for a period exceeding thirty days the authorities\npowers rights and duties of the Metropolitan under this\nConstitution shall be exercised by the senior diocesan bishop of\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 17\nthe province at the time in the province able and willing to act,\nseniority being determined by the date of consecration.\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\ndays, the authorities powers rights and duties of the Primate\nunder this Constitution shall be exercised by the senior\nMetropolitan at the time in Australia able and willing to act, or\nif there is no Metropolitan able and willing to act, then by the\nsenior diocesan bishop at the time in Australia able and willing\nto act, seniority in every case being determined by the date of\nconsecration.\n11. The Primate Metropolitans and diocesan bishops may apart\nfrom their meetings as a house of bishops of the general synod\nmeet from time to time for the discharge of the functions\nassigned to a meeting of them under this Constitution.\n12. Such a meeting of the said bishops shall be convened by the\nPrimate on his own initiative or at the request in writing of not\nless than one-third of the bishops, and shall have power to\nregulate its own business.\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\nindividual bishops shall be evidence of the matters so stated.\nChapter IV Of General Synod—\nComposition and Procedure\n15. General synod shall consist of the house of bishops, the house\nof clergy and the house of laity.\n\npage 18 Anglican Church of Australia Trust Property Act 1928 R3\nThe three houses shall sit together in full synod and shall\ndeliberate and transact business therein and shall vote together\nunless a vote by houses is required by not less than five\nmembers of the house of bishops or by ten members of the\nhouse of clergy, or by ten members of the house of laity.\nIn the event of a vote by houses being required, all questions\nshall be put first to the house of laity, then to the house of\nclergy, and finally to the house of bishops and no question shall\nbe deemed to be resolved in the affirmative by general synod\nunless it is so resolved by a vote of the majority of those present\nin each of the three houses.\nA house by a majority of its members voting may decide to\nconsider separately any matter in debate whereupon further\ndiscussion of the matter shall be postponed until there has been\nan opportunity of separate 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\nrepresentatives of each diocese.\n(2) The house of laity shall be composed of lay representatives of\neach diocese.\n(3) Clerical and lay representatives of a diocese shall be elected or\nappointed, and any vacancy in the place of a representative shall\nbe filled at such time and in such manner as may be prescribed\nby or under the constitution of the diocese.\n(4) The number of representatives shall be determined in\naccordance with 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\nhis appointment and holds a licence from the diocesan bishop,\nprovided however that the qualification of residence in the\ndiocese shall not be necessary in the case of a missionary\ndiocese or a diocese having less than thirty-one clergymen\nresident and duly licensed to officiate therein.\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 19\n(6) Every layman who is not under the age of twenty-one years and\nis a communicant 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\nPrimate a list of names and addresses of the clerical and lay\nrepresentatives of 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\nlist showing the change.\nAny list or supplementary list so certified shall be evidence that\na representative therein named is entitled to be such\nrepresentative unless a subsequent list shows that he has ceased\nto be a representative.\n18. General synod in such manner as it may deem proper may\ndetermine whether any person who claims to be a member of\nthe synod or of any house is entitled to be a member thereof and\nwhether he has been duly and lawfully elected appointed or\nsummoned to the synod.\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\nthe office of Primate or a Metropolitan or a diocesan bishop.\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\nappointed or summoned, or by reason only of any informality\nwith respect of the election appointing or summoning.\n20. The Primate or in his absence the senior Metropolitan present,\nor if there is no Metropolitan present, the senior diocesan bishop\npresent shall be President of the house of bishops and of general\nsynod, seniority in every case being determined by the date of\nconsecration.\n\npage 20 Anglican Church of Australia Trust Property Act 1928 R3\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\nmembers of the house of clergy representing not less than seven\ndioceses and of at least fifteen members of the house of laity\nrepresenting not less than seven dioceses shall be necessary to\nconstitute a meeting of general synod for the exercise of its\npowers.\n22. At each session of synod the house of clergy and the house of\nlaity shall elect its own chairman and such other officers as it\nconsiders necessary.\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\nmay by resolution appoint or failing any such resolution\nthen as the standing committee of synod may by resolution\nappoint provided that the standing committee of synod\nmay on grounds of emergency or other special grounds by\nresolution defer the summoning of synod for a period\nexceeding four years from the previous synod but not\nexceeding twelve months from the date of such resolution\nand may do so from time to time provided further that\nsynod shall meet at least once in every six years.\n(b) A special session of synod shall be convened by the\nPrimate at the request in writing of not less than one-half\nof the members of the house of bishops or of one-third of\nthe members of the house of clergy or of one-third of the\nmembers of the house of laity or upon a resolution of the\nstanding committee;\n(c) At least four months before the time for any ordinary\nsession of synod the Primate shall by mandate under his\nhand and seal summon the diocesan bishops, and require\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 21\nthem to convene the prescribed number of clerical and lay\nrepresentatives of their respective dioceses at the appointed\ntime 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\nspecial session no business other than the business\nspecified in the mandate 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\neach duplicate shall be certified as correct by the President, the\nchairman of committees and the secretaries of the synod,\nauthenticated by the official seal, and filed in books.\n25. (1) General synod shall have an official seal, which shall be\njudicially noticed.\nThe seal shall not be used to authenticate any canon rule\nresolution instrument or document or any copy thereof except\nupon a resolution of synod or of the standing committee of\nsynod and by and in the presence of at least three members of\nthe said committee.\n(2) Any canon rule resolution instrument or document authenticated\nby the official seal shall be admissible in evidence without\nfurther proof.\nA document purporting to be a copy of any canon rule or\nresolution so authenticated and purporting to be certified by at\nleast three members of the standing committee as a true copy\nshall be evidence of the canon rule or resolution and be\nadmissible in evidence without further proof.\nChapter V Of the Powers of General Synod\n26. Subject to the terms of this Constitution synod may make\ncanons rules and resolutions relating to the order and good\n\npage 22 Anglican Church of Australia Trust Property Act 1928 R3\ngovernment of this Church including canons in respect of ritual,\nceremonial and discipline and make statements as to the faith of\nthis Church and declare its view on any matter affecting this\nChurch or affecting spiritual, moral or social welfare, and may\ntake such steps as may be necessary or expedient in furtherance\nof union with other Christian Communions.\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\nthree months before the first day of the session of synod at\nwhich the bill is to be presented, provided that the standing\ncommittee may allow a shorter period of notice but not less\nthan one month and provided further that general synod by\nan affirmative vote in each house of at least three-fourths\nof the members present may declare any bill to be a matter\nof urgency and permit it to be included in the agenda\nwithout previous notice.\n(ii) (a) After the bill has been read and passed a first and\nsecond time, it shall be considered in committee and\nreported back with or without amendment;\n(b) The bill shall be read and passed a third time\nprovided however a special bill shall follow the\nprocedure hereinafter appointed.\n28. (1) A bill which deals with or concerns the ritual ceremonial or\ndiscipline of this Church shall follow the procedure of this\nsection as a special bill unless synod by a vote in each house of\nat least three-fourths of the members present decides that it need\nnot proceed as a special 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\nas a special bill the President shall put to general synod the\nmotion that it be so treated and if general synod so decides the\nbill shall be dealt with as a special bill.\n(3) Special bills shall be dealt with as follows:\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 23\n(i) A special bill after the first and second readings and the\ncommittee stage have been concluded shall be submitted\nfor a provisional third reading and if the bill is then\napproved by a vote of at least two-thirds of the members of\neach of the three houses present it shall stand as a canon\nprovisionally made.\n(ii) The provisional canon shall then be referred to the synod\nof each diocese for its consideration and each diocesan\nsynod shall submit to the President within a period\nspecified by canon or by the provisional canon its assent to\nor dissent from the bill together with such report and\nrecommendations as it may think fit.\n(iii) If every diocesan synod reports that it assents to the\nprovisional canon the President shall so declare and\nthereupon it shall be a canon duly passed, otherwise the\nreports and recommendations received from the diocesan\nsynods shall be presented to general synod which shall\nrecommit the provisional canon as a bill to a further second\nreading and committee stage.\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\nimmediately before the vote is taken by a majority of the\nthree houses voting together shall declare that such reading\nshall be provisional only whereupon the procedure given\nabove shall again be followed.\n29. If not less than one fourth of the members of the general synod\nor one third of the members of the house of bishops or of the\nhouse of clergy or of the house of laity petition the President\nthat a canon duly made is in whole or in part inconsistent with\nany part or parts of the Fundamental Declarations or Ruling\nPrinciples of the Constitution or that a canon deals with or\nconcerns ritual ceremonial or discipline of this Church and has\nnot been passed in accordance with section 28 (1) hereof, the\nPresident shall refer the question to the appellate tribunal and in\nthe meantime the canon shall not come into force. If the\n\npage 24 Anglican Church of Australia Trust Property Act 1928 R3\ntribunal finds no inconsistency or no breach of Section 28 (1) as\nthe case may be, the President shall thereupon declare the canon\nto be in force. If the tribunal finds inconsistency or breach of\nSection 28 (1), it shall report to general synod the nature of the\ninconsistency or breach giving its reasons and may, if it thinks\nfit, 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\ncome into 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\nwhich the canon was passed. The canon as on and from the\nappointed date shall apply to every diocese of this church and\nany ordinance of any diocesan synod inconsistent with the\ncanon shall to the extent of the inconsistency have no effect.\nProvided that:\n(a) Any canon affecting the ritual, ceremonial or discipline of\nthis Church shall be deemed to affect the order and good\ngovernment of the Church within a diocese, and shall not\ncome into force in any diocese unless and until the diocese\nby ordinance adopts the said canon.\n(b) If general synod declares that the provisions of any other\ncanon affect the order and good government of the Church\nwithin, or the church trust property of a diocese, such\ncanon shall not come into force in any diocese unless and\nuntil the diocese by ordinance adopts the said canon.\n(c) If general synod should not so declare the synod of a\ndiocese or the diocesan council may declare its opinion\nthat the provisions of the said canon affect the order and\ngood government of the church within or the church trust\nproperty of such diocese and notify the President within\none month thereafter and then the following provisions\nshall apply:\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 25\n(i) If the said diocesan synod or council declare its\nopinion as aforesaid within a period of two years\nfrom the date of the passing of the said canon and the\nstanding committee advises the President that it\nagrees with the said opinion the canon shall not and\nshall be deemed not to have come into force in such\ndiocese unless and until it is adopted by ordinance of\nthe diocesan synod;\n(ii) If the said diocesan synod or council declare its\nopinion at any time after the expiration of the said\nperiod of two years and the standing committee\nadvises the President that it agrees with the said\nopinion the said canon shall cease to apply to the said\ndiocese as from the date of the said declaration and\nshall not after such date again come into force in such\ndiocese unless and until it is adopted by ordinance of\nthe diocesan synod;\n(iii) If the standing committee in either case should not so\nadvise the President he shall refer the question raised\nby the said opinion to the appellate tribunal for its\ndetermination and unless the appellate tribunal\ndetermines the question in the negative the canon\nshall be deemed not to have come into force in the\nsaid diocese in the first case or to have force or effect\nin the said diocese after the date of the said\ndeclaration in the second case until the diocesan\nsynod by ordinance adopts the said canon.\n(d) Any canon adopted as aforesaid by a diocesan synod may\nby ordinance be excluded at a subsequent date.\n31. If any question shall be raised as to the inconsistency of any\ncanon rule resolution or statement of general synod with the\nFundamental Declarations or the Ruling Principles the Primate\nmay and at the written request of twenty-five members of the\ngeneral synod shall refer the question to the appellate tribunal\nhereinafter constituted whose opinion thereon shall be final.\n\npage 26 Anglican Church of Australia Trust Property Act 1928 R3\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\nany appeal question or matter made or referred to it and the\nsittings of the special tribunal to hear and determine any\ncharge brought before it;\n(e) The maintenance of the registry of the Primate, and\nprimatial travelling expenses.\n(f) The election or appointment of the corporate trustees and\nthe administration 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\nthe same including the costs charges and expenses in or in\nconnection with the conduct of the affairs of any board\ninstitution or body set up by the synod and provided also that\nany financial liability accepted by a diocese under any\ndetermination rule or regulation continued in operation under\nSection 71 hereof shall remain unless or until it is replaced by or\nunder the provisions of this Constitution.\n33. (1) General synod may make rules prescribing anything necessary\nor convenient for carrying out and giving effect to any canon or\nfor controlling and regulating the administration of its affairs,\nand in particular may make rules prescribing—\n(a) The procedure for any election or appointment to be made\nby or under the authority of synod to any office;\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 27\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\ngiven in 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\nshall consist of so many members not less than ten as may be\nprescribed by any rule of synod.\nThe members of the committee shall be elected or appointed\nand shall hold office as may be prescribed by any rule of the\nThe seal books and records of general synod shall be in the care\nand control 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\nany committee 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\na board 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\nconsist of persons who are not members of synod;\n(b) The members of the committee board or commission shall\nbe elected 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\ncommittee board or commission by reason only of ceasing\nto be members of synod;\n\npage 28 Anglican Church of Australia Trust Property Act 1928 R3\n(c) The committee board or commission shall have such\npowers and duties as may be conferred or imposed by\nresolution of synod.\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\nfirst week of the next following ordinary session of synod.\nChapter VII The Provinces and Provincial\nSynods\nProvinces\n36. A province of the Church of England in the Dioceses of\nAustralia and Tasmania shall subject to this Constitution\ncontinue as at the date on which this Constitution takes effect,\nuntil altered in accordance 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\neach of such dioceses, and ratified by canon of general synod.\nNevertheless general synod may upon a petition preferred to it\nby less than four dioceses declare that such petitioning dioceses\nmay proceed under this section and the same shall then apply to\nthem accordingly.\n38. A province may be altered in accordance with the constitution\nof the province either by an increase or by a decrease in the\nnumber of dioceses forming the province, provided that the\nalteration shall not take effect until ratified by canon of general\nProvincial Synods\n39. The constitution of each province of the Church of England in\nthe Dioceses of Australia and Tasmania shall subject to this\nConstitution continue as at the date on which this Constitution\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 29\ntakes effect, until altered in accordance with the provisions of\nthis Constitution.\n40. The constitution of a new province may provide either for a\nprovincial synod or for a provincial council, and in either case\nmay contain such provisions as the diocesan synod of each of\nthe dioceses to be included in the province may think fit,\nprovided that the constitution shall not take effect until ratified\nby canon of the general synod.\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\nthe alteration shall not take effect until ratified by canon of\ngeneral synod.\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\npowers for the order and good government of this church,\nwithin the province as may be prescribed by the constitution of\nthe province.\nChapter VIII The Dioceses and Diocesan\nSynods\nDioceses\n43. A diocese of the Church of England in Australia and Tasmania\nshall subject to this constitution continue as at the date on which\nthis Constitution takes effect, until altered in accordance\ntherewith.\n44. (1) A new diocese may be formed in any of the following ways,\nthat is to 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\npage 30 Anglican Church of Australia Trust Property Act 1928 R3\n(c) out of territory in Australia which is not part of any\ndiocese, and either out of such territory alone or out of\nsuch territory together with any diocese or part of a\ndiocese;\n(d) as a missionary diocese, whether within or outside\nAustralia.\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\ndioceses, the proposal to form the new diocese may be initiated\nby the diocese or dioceses concerned or by the province, if any,\nin which the diocese or dioceses are included but the new\ndiocese shall not be formed unless such diocese or dioceses and\nprovince, if any, agree by ordinance of their respective synods\nthat the new diocese shall be formed, and general synod by\ncanon ratify the formation of the new diocese.\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\ndiocese is to be included, the new diocese shall not be formed\nunless the synod of the diocese and the synod of the province in\nwhich the diocese is included concur by ordinance and the new\ndiocese shall be deemed to be formed as general synod may by\ncanon 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\nthe new diocese by canon of general synod in any case where a\ndiocese is not concerned, shall by virtue of the ordinance or\ncanon, as the case may be, and without any other assurance in\nthe law, be held by and be vested in the trustees then or\nthereafter appointed for the purpose and upon and subject to the\ntrusts affecting the same, but for the use benefit and purposes of\nthis Church within the new diocese.\n45. (1) A diocese may by ordinance surrender the whole or any part of\nits territory to any other diocese, and that other diocese may by\nordinance accept the territory so surrendered. Provided\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 31\nhowever a diocese which has been formed by the separation of\nterritory from a diocese or dioceses shall not surrender such\nterritory to any diocese other than the diocese from which the\nterritory was last separated without the consent of such last-\nmentioned diocese given by an ordinance of the synod thereof.\nThe surrender and acceptance may be made upon such terms\nand conditions, including the allocation of church trust property\nas may be agreed upon by ordinance made by the dioceses\nconcerned.\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\nterritory otherwise than by surrender to another diocese.\n(3) Any surrender or alteration under this section shall not take\neffect until 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,\nincluding the extent of representation in the house of clergy and\nin the house of 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\ncontinue as at the date on which this Constitution takes effect,\nuntil altered in accordance therewith.\n48. The constitution of a new diocese shall provide for the election\nor appointment of the first bishop of the diocese and shall\ncontain such other provisions as may be deemed necessary or\nconvenient, whether set forth expressly or adopted by reference\nto the provisions set forth in a canon of general synod, or\nadopted by reference to the provisions of the constitution of any\nother diocese, and whether so adopted with or without\nmodifications and additions.\n\npage 32 Anglican Church of Australia Trust Property Act 1928 R3\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\npriests are licensed if there be no diocesan synod and until\ngeneral synod by or under any canon otherwise prescribes there\nshall be a diocesan council with such constitution as general\nsynod 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\ncanon, then in accordance with the provisions under which the\nlast election or appointment was made.\nIf in any diocese there is no synod or diocesan council the\ngeneral synod may by canon appoint a synod or council.\n50. The constitution of a diocese may be altered in accordance\ntherewith or as the synod of the diocese may by ordinance\ndetermine in accordance with any canon of general synod.\n51. Subject to this Constitution a diocesan synod may make\nordinance for the order and good government of this church\nwithin the diocese, in accordance with the powers in that behalf\nconferred upon it by the 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\nor permit 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,\nincluding the powers rights and duties relating to church\ntrust property and the rights of a diocese with regard to the\nelection of its bishop;\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 33\n(b) The qualifications or mode of election of the\nrepresentatives of a diocese in general synod;\n(c) The status of any diocese as a metropolitan see or the title\nto or tenure of office of any metropolitan.\n(2) Except with its own assent by ordinance no metropolitan see\nshall cease to be a metropolitan see or to have associated with it\nthree dioceses.\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\nconsist of a president, who shall be the bishop, or a deputy\npresident appointed by him and not less than two other members\nas may be prescribed by ordinance of the synod of the diocese.\nThe members other than the president and deputy president shall\nbe elected in such manner, hold office for such period, have\nsuch qualifications and be subject to such disqualifications, and\nvacancies shall occur and be filled in such manner, as may be\nprescribed by ordinance of the synod of the diocese.\nIn any province the provincial synod if so requested by the\nsynod of a diocese may by ordinance of the provincial synod\nprescribe any matter directed or permitted by this section to be\nprescribed by ordinance of the synod of the diocese, provided\nthat the synod of the diocese may at any time otherwise\nprescribe.\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\nresident in the diocese, have jurisdiction to hear and determine\ncharges of breaches of faith ritual ceremonial or discipline and\nof such offences as may be specified by any canon ordinance or\nrule.\n\npage 34 Anglican Church of Australia Trust Property Act 1928 R3\n(3) A person appointed by the bishop of a diocese or any five adult\ncommunicant members of this Church resident within the\ndiocese may promote a charge against any person licensed by\nthe bishop of the diocese or against any other person in holy\norders resident in the diocese in respect of breach of faith ritual\nor ceremonial either before the diocesan tribunal or before the\nprovincial tribunal in its original jurisdiction. Provided that if a\ncharge be preferred against an incumbent of a parish with\nreference to an offence alleged to have been committed within\nthat parish the aforesaid communicants shall be bona fide\nparishioners 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\nboard of enquiry appointed by ordinance of the diocesan synod\nand may proceed to a hearing if the said board allows it as a\ncharge proper to be heard.\n(4) In matters involving any question of faith ritual ceremonial or\ndiscipline an appeal shall lie from the determination of a\ndiocesan tribunal to the appellate tribunal, provided that in any\nprovince in which there is a provincial tribunal and an appeal\nthereto is permitted by ordinance of the diocesan synod, an\nappeal may lie in the first instance to the provincial tribunal, and\nprovided that in any such case an appeal shall lie from the\ndetermination of the provincial 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\ndetermination of the diocesan tribunal to the provincial tribunal,\nif any, or to the appellate tribunal, and from a determination of\nthe provincial tribunal to the appellate tribunal.\n55. (1) A provincial tribunal shall consist of a president who shall be\nthe Metropolitan, or a deputy president appointed by him, and\nnot less than two other members as may be prescribed by\nordinance of the synod of the province.\nThe members other than the president or deputy president shall\nbe elected in such manner, hold office for such period, have\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 35\nsuch qualifications and be subject to such disqualifications and\nvacancies shall occur and be filled in such manner, as may be\nprescribed by ordinance of the synod of the province.\n(2) A provincial tribunal shall have jurisdiction to hear and\ndetermine appeals from any determination of any diocesan\ntribunal of the province in any case in which an appeal lies\ntherefrom to the provincial tribunal.\nEvery appeal to a provincial tribunal shall be by way of\nrehearing.\n(3) A provincial tribunal shall, in respect of a person licensed by the\nbishop of a diocese within the province, have original\njurisdiction to hear and determine charges of breaches of faith\nritual ceremonial or discipline, and of such offences as may be\nspecified by any canon ordinance or rule, provided that such\noriginal jurisdiction shall not be exercised except as prescribed\nby ordinance of the synod of the diocese.\n(4) An appeal shall lie to the appellate tribunal from a\ndetermination of a provincial tribunal in its original jurisdiction.\n56. (1) The special tribunal shall consist of a president and not less than\ntwo diocesan bishops as hereinafter appointed.\nThe Primate shall be the president, or if he is not entitled to act,\nthe Metropolitan or bishop who would exercise the authorities\npowers rights and duties of the Primate, if the office were then\nvacant, shall be 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\ndetermine charges against any member of the house of bishops\nof breaches of faith ritual ceremonial or discipline and of such\noffences as may be specified by canon.\n(3) Before determining any charge the tribunal shall consult a board\nof assessors, being bishops, priests and laymen, as hereinafter\nappointed.\n\npage 36 Anglican Church of Australia Trust Property Act 1928 R3\nThe members of the special tribunal (other than the President)\nand the members of the board of assessors shall be 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\n(4) An appeal shall lie from the determination of the special\ntribunal to the 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\nlaymen.\nThe members shall be appointed by the general synod as\nfollows, that is to say, a bishop and a layman on the nomination\nof the house of bishops, a bishop and a layman on the\nnomination of the house of clergy and a bishop and two laymen\non the nomination of the house of laity.\nA president and deputy president shall as often as may be\nnecessary be chosen from among the lay members of the\ntribunal by the house of bishops, or, if general synod be not in\nsession, by a meeting of the members of the house of bishops.\nA layman shall not be a member unless he is qualified to be a\nlay representative of a diocese and is or has been a Justice of the\nHigh Court of Australia, a Justice of the Supreme Court of a\nState, or a practising barrister or solicitor, of at least ten years’\nstanding of the Supreme Court of a State.\n(2) The members of the tribunal shall be nominated and appointed\nin such manner, hold office for such period and be subject to\nsuch disqualifications, and vacancies shall occur and be filled in\nsuch manner, as may be prescribed by or under canon of general\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\npurpose of the appeal by the other members co-opting a person\nqualified for the office.\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 37\nThe appellate tribunal shall have jurisdiction to hear and\ndetermine appeals from any determination of the special\ntribunal and from any determination of any diocesan or\nprovincial tribunal in any case in which an appeal lies therefrom\nto the appellate tribunal.\nEvery appeal to the appellate tribunal shall be by way of re-\nhearing.\nAny person charged before a diocesan tribunal and aggrieved by\nany sentence recommended by it who has no right of appeal\nunder this constitution or under an ordinance of the diocesan\nsynod may petition the Metropolitan of the province or, if the\ndiocese be not part of a province, the Primate that his case be\nreviewed and the Metropolitan or Primate as the case may be\nmay refer the same to the appellate tribunal for review and any\ncase so referred shall be heard and determined as an appeal\nprovided however that no such petition may be presented in\nrespect 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\nor matter made or referred to it although all the members thereof\nbe not present at such hearing or determination, provided that\nthere be present at least two bishops and three laymen. And\nprovided further than if during the hearing of any appeal a\nmember attending the tribunal should die or become unable to\ncontinue with the hearing the appeal may proceed so long as the\nPresident two bishops and one other lay member or the Deputy\nPresident two bishops and one other lay member be present\nprovided further that if the number of those present on any\nappeal should be evenly divided on any question of evidence or\nprocedure the President (or in his absence the Deputy President)\nshall have a casting as well as a deliberative vote.\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\npoint of doctrine and may, if it thinks fit, in any other matter,\nobtain the opinion of the house of bishops, and a board of\n\npage 38 Anglican Church of Australia Trust Property Act 1928 R3\nassessors consisting of priests appointed by or under canon of\ngeneral 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\nmembers at the time in Australia may aid the tribunal with such\ninformation in writing as he thinks proper. For the purposes of\nthis subsection the house of bishops shall not include the\nbishops who are members of the appellate tribunal.\n59. (1) In all appeals and references to the appellate tribunal in any\nmatter involving any question of faith ritual ceremonial or\ndiscipline the concurrence of at least two bishops and two\nlaymen and in any other matter the concurrence of at least four\nmembers, shall be necessary for the determination of an appeal\nor the giving of an opinion upon a reference.\n(2) General synod may by canon prescribe any matter incidental to\nthe exercise of any jurisdiction vested by this constitution in the\nspecial tribunal or in the appellate tribunal including the power\nto award costs.\n(3) Unless otherwise prescribed by or under any canon of general\nsynod, the procedure with respect to hearings and\ndeterminations of the special tribunal, and with respect to\nappeals or references to the appellate tribunal shall be regulated\nin such manner as the tribunal thinks 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\nupon such recommendation may within twenty-eight days or\nwithin such further time as the President of the appellate\ntribunal may in writing allow after the making of the\ndetermination recommendation or the pronouncing of the\nsentence as the case may be, institute an appeal to the appellate\ntribunal by lodging a notice of appeal in the registry of the\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 39\nPrimate 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\nmetropolitan who has pronounced such sentence may thereupon\nif he sees fit intermit the operation of such sentence.\n60. (1) A tribunal shall make such recommendation as it thinks just in\nthe circumstances, but shall not recommend any sentence other\nthan one or more of the following, that is to say, monition,\nsuspension from office, expulsion from office, deprivation of\nrights and emoluments appertaining to office, deposition from\nholy orders.\nExcept as otherwise provided herein such recommendation shall\nbe made 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\nthe Primate, provided that if the Primate be a party to the\nappeal, the recommendation shall be made to the Metropolitan\nor bishop who would exercise the authorities powers rights and\nduties of the Primate, if the office were then vacant.\n(2) The person to whom the recommendation is made shall give\neffect thereto, provided that if any sentence is recommended, he\nmay consult with the tribunal and in the exercise of his\nprerogative of mercy (a) mitigate the sentence or (b) suspend its\noperation or (c) mitigate the sentence and suspend its operation.\nIn each case he shall pronounce the sentence recommended\neven though he mitigate or suspend it. Provided that if the\noperation of a sentence or mitigated sentence has been\nsuspended and remains suspended for a period of two years\nsuch sentence shall thereafter have no operation.\n(3) If in any case the appellate tribunal is precluded from\ndetermining the appeal, either because the members present at\nthe hearing are equally divided or because there is no such\nconcurrence as is required by this Constitution, the provisions of\nthis subsection shall have effect, that is to say:\n\npage 40 Anglican Church of Australia Trust Property Act 1928 R3\n(a) Where any recommendation adverse to the person charged\nmade by a diocesan or a provincial tribunal or by the\nspecial tribunal, or\n(b) Where any sentence pronounced against him would but for\nthis subsection continue in force, the person to whom the\nrecommendation was made or who pronounced the\nsentence shall in consultation with the appellate tribunal\nreview the recommendation or sentence, and after such\nreview may give effect or abstain from giving effect to the\nrecommendation, or may confirm, mitigate or annul the\nsentence and may give or abstain from giving directions\nfor restoration of office rights and emoluments as he shall\nthink proper and for such compensation where\ncompensation is available as in the circumstances he may\ndeem to be fair and reasonable.\n(4) The provisions of this Constitution with respect to an appeal\nfrom the determination of a tribunal shall extend to and\nauthorise an appeal from a recommendation or sentence but\nshall not extend to a ruling of a tribunal of an interlocutory\nnature.\n61. Where a charge is pending before a tribunal against any person\nlicensed by the bishop of a diocese, the bishop with the\nconcurrence of the diocesan council may suspend such person\nfrom the duties of his office until the determination of the\ncharge, and may make such arrangements for the performance\nof the duties of the office as may be authorised by any canon\nordinance or rule or in the absence of such canon ordinance or\nrule as the bishop may deem proper.\n62. For the purpose of securing the attendance of witnesses and the\nproduction of documents and for the examination of witnesses\non oath or otherwise a tribunal shall be deemed to be an\narbitrator within the meaning of any law in force in the State or\nterritory in which the tribunal sits and shall have power to\nadminister an oath or to take an affirmation from any witness\nand for the same purpose any party to a proceeding before a\ntribunal or any person permitted by a tribunal to submit\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 41\nevidence to it shall be deemed to be a party to a reference or\nsubmission to arbitration within the meaning of any such 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\njurisdiction to hear and determine the same or to give its opinion\nas the case may require provided that if provision is not\notherwise made under this Constitution for the reference of such\nquestion to the tribunal the Primate may and shall at the request\nof general synod by resolution or at the written request of\ntwenty-five members thereof or at the request by resolution of\nthe provincial or diocesan synod affected refer the question to\nthe tribunal which shall have jurisdiction as aforesaid.\n(2) The tribunal may direct that any synod person or class of\npersons or association claiming to be interested in the question\nshall be notified of the hearing and be entitled to appear or be\nrepresented 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\nreferred to as the corporate trustees.\nThe body corporate shall be deemed to be constituted as soon as\nthis constitution takes effect.\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\nor any estate or interest therein.\n(3) The corporate trustees shall consist of seven or such less\nnumber of persons as may be prescribed by canon of the general\nsynod, and such persons shall be elected or appointed and hold\noffice, and may be removed therefrom, as may be prescribed by\ncanon of the general synod.\n\npage 42 Anglican Church of Australia Trust Property Act 1928 R3\n(4) The corporate trustees may be appointed to be the trustees of\nany church trust property, whether the appointment is made by a\nperson giving or settling property by will or otherwise or by a\nperson entitled under the trust instrument, if any, or by law to\nappoint a trustee, provided that where the property is under the\ncontrol of the synod of a diocese or is held exclusively for the\nbenefit of or in connection with a diocese or any part thereof the\nappointment shall not be made unless the consent of the synod\nof the diocese is first obtained, and provided that where the\nproperty is not under such control or is not so held but is under\nthe control of any society council board agency or authority,\nwhether a body corporate or otherwise, the appointment shall\nnot be made unless the consent of the society council board\nagency or authority is first obtained.\n(5) Nothing contained in this section or done thereunder shall\nremove any church trust property from the control of any\ndiocesan synod or from the control of any such society council\nboard agency or authority.\nChapter XI The Alteration of this Constitution\n65. This Constitution shall not be altered except in accordance with\nthe provisions of this chapter.\n66. This Church takes no power under this Constitution to alter\nsections one, two and three and this section other than the name\nof this Church.\n67. Subject to the provisions hereinafter mentioned other sections of\nthis constitution may be altered subject to the following\nconditions:\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\nmentioned at the foot of this clause shall not come into\neffect unless it has been assented to on its second and third\nreadings by an affirmative vote of at least two-thirds of the\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 43\nmembers of each house and by a majority of all dioceses of\nwhich two at least shall be metropolitan dioceses; the\nassent of a diocese shall be deemed to be given if a\nmajority of its lay representatives and a majority of its\nclerical representatives and the bishop thereof have voted\nin favour of the bill.\nSections 11-14, inclusive; 18-25 inclusive; 27; 31-35 inclusive;\n64 (1) (2) and (3); 67 (a) 68-70 inclusive; 75.\n(c) A bill altering the name of this Church or the provisions of\nthis Constitution mentioned at the foot of this clause if\npassed at its second and third readings shall not come into\neffect unless and until every diocesan synod of this Church\nhas assented to it by ordinance and such assents be in force\nat the same time.\nSections 64 (4) (5); 67 (c).\n(d) A bill altering the provisions of this Constitution\nmentioned at the foot of this clause if passed at its second\nand third readings shall not come into effect unless and\nuntil at least three-quarters of the diocesan synods of this\nChurch including all the metropolitan sees have assented to\nit by ordinance and all such assents be in force at the same\ntime.\nSections 4-10 inclusive, 15-17 inclusive; 26; 28-30 inclusive;\n36-63 inclusive; 65; 67 (b) and (d); 71-74 inclusive: the Table\nannexed to the Constitution.\nChapter XII The Operation of this Constitution\n68. (1) This Constitution shall take effect on and from a day to be\nappointed in accordance with this section.\nThe day shall not be appointed until the Parliaments of five\nStates have passed Acts for giving effect to this Constitution.\nThe day shall be appointed by a deed signed by the diocesan\nbishops of not less than eighteen dioceses of the Church of\n\npage 44 Anglican Church of Australia Trust Property Act 1928 R3\nEngland in Australia and Tasmania declaring that their\nrespective dioceses have assented 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\nGazette by one or more of the Metropolitans by whom the deed\nappointing the day is signed and shall also be notified in the\nGovernment Gazette of each State concerned by any one or\nmore of the diocesan bishops by whom the deed appointing the\nday is signed.\nA copy of the Commonwealth Gazette containing a notification\nof the appointed day which purports to be signed by one or\nmore of the Metropolitans shall be conclusive evidence that the\nday has been duly appointed in accordance with this section.\n(3) The diocesan bishops signing the deed or such of them as shall\nstill be in office shall be a commission for convening the first\nsession of general synod, and notwithstanding any other\nprovision of this Constitution the commission may do or cause\nto be done anything necessary or convenient for the convening\nand holding of the session.\nThe commission shall appoint the place for the session and the\ntime which shall be not later than twelve months after the day\non which this Constitution takes effect, and shall at least three\nmonths before the time for the session in such manner as the\ncommission deems proper summon the diocesan bishops of the\ndioceses to which this Constitution applies, and require them to\nconvene the prescribed number of clerical and lay\nrepresentatives of their respective dioceses at the appointed time\nand place.\n69. (1) Subject to all necessary Parliamentary enactments this\nConstitution shall apply to every diocese of the Church of\nEngland in Australia and Tasmania which assents to the\nConstitution, whether before or after this Constitution takes\neffect, and to every diocese formed or admitted to general synod\nunder this Constitution. The assent of a diocese shall be given\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 45\nby an ordinance of its synod or if there be no synod or diocesan\ncouncil 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\nsuch diocese shall not by reason only of that fact cease to be in\nfellowship or communion with this Church or with the Church\nof England in the Dioceses of Australia and Tasmania, but may\nhave association with this Church on such terms and conditions\nas may be agreed upon by ordinance of the diocesan synod of\nthe diocese and by canon 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\nin any 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,\nor in any province or diocese which has become or becomes a\nprovince or diocese to which this Constitution applies shall\ninsofar as they are not inconsistent with this Constitution,\ncontinue in force in this Church or in the province or diocese,\nuntil altered under this Constitution or under the constitution of\nthe 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\nconstitution act canon or ordinance made by the provincial\nsynods of New South Wales, Victoria, Queensland, and Western\nAustralia respectively, and any constitution act canon ordinance\nrule or regulation made by the diocesan synod of any diocese in\nAustralia.\n\npage 46 Anglican Church of Australia Trust Property Act 1928 R3\nNothing in this Constitution shall authorise the synod of a\ndiocese or of a province to make any alteration in the ritual or\nceremonial of this Church except in conformity with an\nalteration made by general synod.\n(2) The law of the Church of England including the law relating to\nfaith ritual ceremonial or discipline applicable to and in force in\nthe several dioceses of the Church of England in Australia and\nTasmania at the date upon which this Constitution takes effect\nshall apply to and be in force in such dioceses of this Church\nunless and until the same be varied or dealt with in accordance\nwith this Constitution.\n72. Where any question arises as to the faith ritual ceremonial or\ndiscipline of this Church or as to the authorities powers rights\nand duties of bishops priests and deacons of this Church, or of\nany officer or member thereof, nothing in this Constitution shall\nprevent reference being made to the history of the Church of\nEngland in England to the same extent as such reference might\nhave been made for the purposes of the Church of England in\nthe Dioceses of Australia and Tasmania immediately before the\nday on which this Constitution takes effect.\n73. (1) In determining any question as to the faith ritual ceremonial or\ndiscipline of this Church any tribunal may take into\nconsideration but shall not be bound to follow its previous\ndecisions on any such question or any decision of any judicial\nauthority in England on any questions of the faith ritual\nceremonial or discipline of the Church of England in England.\n(2) A determination of any tribunal which is inconsistent or at\nvariance with any decision of such a judicial authority in\nEngland shall have permissive effect only and shall not be\nobligatory 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\nthat the synod of a diocese may by ordinance direct that a\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 47\ndiocesan tribunal shall not follow or observe a particular\ndetermination of the appellate or provincial tribunal which has\npermissive 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\nChurch of England in England for the office of a bishop, at the\ndate when this Constitution takes effect.\nCanonical Scriptures means the canonical books as defined by\nthe sixth of the Thirty-nine Articles.\nCeremonial includes ceremonial according to the use of this\nChurch, and also the obligation to abide by such use.\nChurch trust property means property held in trust for or on\nbehalf of or for the use of this Church and includes property\nheld for the benefit of or in connection with any diocese or\nparish 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\ncouncil where there is no diocesan synod.\nDiocese means a diocese of this Church.\nDiscipline includes the rules of this Church and the rules of\ngood conduct.\n\npage 48 Anglican Church of Australia Trust Property Act 1928 R3\nDoctrine means the teaching of this Church on any question of\nfaith.\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,\nand licensed has a meaning corresponding with that of licence.\nMember of this Church means a baptised person who attends\nthe public worship of this Church and who declares that he is a\nmember of this Church and not a member of any other church.\nMetropolitan includes the bishop exercising the authorities\npowers and rights and duties of the Metropolitan.\nMissionary Diocese means each of the following: the Diocese\nof New Guinea, the Diocese of North-West Australia, the\nDiocese of Carpentaria, and any other diocese formed as a\nmissionary diocese under this Constitution.\nOrdinance includes any act canon constitution statute\nlegislative measure or provision of a provincial or diocesan\nsynod or of the competent authority in or with respect to a\nmissionary diocese.\nParish includes any parochial district or similar pastoral\ndivision constituted by or under ordinance of the synod of a\ndiocese.\nParishioner means a member of this Church who is entitled to\nvote at a meeting of a parish for the election of churchwardens,\nor who if no such meeting is provided for is at least twenty-one\nyears 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\nof producing facsimile copies.\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 49\nProvincial Synod includes a provincial council.\nRitual includes rites according to the use of this Church, and\nalso the 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\nthis Church.\nVoting by Houses means the procedure whereby three distinct\nvotes are taken, that is to say, a vote of the house of laity, a vote\nof the house of clergy, and a vote of the house of bishops.\n(2) In this Constitution “the Book of Common Prayer” means the\nBook of Common Prayer as received by the Church of England\nin the Dioceses of Australia and Tasmania before and in the\nyear of our Lord one thousand nine hundred and fifty-five, that\nis to say, the book intituled “The Book of Common Prayer and\nAdministration of the Sacraments and other rites and\nceremonies of the Church according to the use of the Church of\nEngland together with the Psalter or Psalms of David pointed as\nthey are to be sung or said in churches and the form or manner\nof making ordaining and consecrating of bishops, priests and\ndeacons,” and generally known as the Book of Common Prayer\n1662.\n(3) In this Constitution “the doctrine and principles of the Church\nof England embodied in the Book of Common Prayer” and the\n“articles of religion” sometimes called the “Thirty-nine\nArticles” means the body of such doctrine and principles.\n(4) In this Constitution, unless the context or subject matter\notherwise indicates, any reference to faith shall extend to\ndoctrine.\n(5) In this Constitution “decision of any judicial authority” shall\ninclude any judgment order decree sentence or order in council\n\npage 50 Anglican Church of Australia Trust Property Act 1928 R3\nand the reasons report or recommendation therefor, and\n“judicial authority” shall include any court judge tribunal body\nor person having either secular or ecclesiastical jurisdiction\nwhether before or after the date on which this Constitution takes\neffect, and without affecting the generality of any other\nprovision of this Constitution it is hereby declared that “judicial\nauthority” shall include the Court which was commonly called\nthe High Court of Delegates, the King’s Majesty in Council to\nwhich the powers of that Court were transferred, and the\nJudicial Committee of the Privy Council.\n(6) In the case of lay but not clerical persons words in this\nConstitution importing 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.\n75. This Constitution is divided into the following parts and\nchapters—\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\n34-35).\nChapter VII—The Provinces and Provincial Synods (Sections\n36-42).\nChapter VIII—The Dioceses and Diocesan Synods (Sections\n43-52).\n\nR3 Anglican Church of Australia Trust Property Act 1928 page 51\nChapter IX—The Tribunals (Sections 53-63).\nChapter X—The Corporate Trustees (section 64).\nChapter XI—The Alteration of this Constitution (Sections 65-\n67).\nChapter XII—The Operation of this Constitution (Sections 68-\n75).\nThe Table Annexed to the Constitution\nClerical and Lay Representatives in General Synod\n1. The number of clerical and lay representatives respectively\nof each diocese shall be in proportion to the number of\nclergymen of the diocese and shall be determined by dividing\nthat number by a quota, namely twenty, and if on the division\nthere is a remainder of ten or more the diocese shall be entitled\nto one more clerical and one more lay representative.\n2. Notwithstanding any other provision in this table each\ndiocese shall be entitled to at least one clerical and one lay\nrepresentative.\n3. In this table clergymen means persons licensed by the bishop\nof the diocese to the cure of souls in a parish or in charge of a\nparochial district or similar pastoral division, or assistant curate\nlicensed in a parish, such persons being in priests’ orders and\nresident in the diocese concerned.\nThis definition shall extend to a bishop, dean, archbishop,\ncanon, principal, vice-principal and tutors in priests’ orders of a\nuniversity or theological college headmaster of a school or\nchaplain or other clergyman in priests’ orders licensed to other\ndistinct official position in the diocese so resident and holding\nthe licence of the bishop of the diocese, provided that in the case\nof a chaplain of a school college hospital or other institution the\nchaplaincy involves regular spiritual ministrations to persons\ntherein resident or students attendant thereat.\n\n1 About the endnotes\npage 52 Anglican Church of Australia Trust Property Act 1928 R3\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and\nthe amendment history. Current modifications are not included in the\nNot all editorial amendments made under the Legislation Act 2001, part 11.3\nare annotated in the amendment history. Full details of any amendments can\nbe obtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation\nhistory and the amendment history. These details are underlined.\nUncommenced provisions and amendments are not included in the\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.\nIf the republished law includes penalties, current information about penalty\nunit values appears on the republication inside front cover.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter p = page\ncl = clause par = paragraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly prov = provision\ndiv = division pt = part\nexp = expires/expired r = rule/subrule\nGaz = Gazette reg = regulation/subregulation\nhdg = heading renum = renumbered\nIA = Interpretation Act 1967 reloc = relocated\nins = inserted/added R[X] = Republication No\nLA = Legislation Act 2001 s = section/subsection\nLR = legislation register sch = schedule\nLRA = Legislation (Republication) Act 1996 sdiv = subdivision\nmod = modified / modification sub = substituted\nNo = number SL = Subordinate Law\nnum = numbered underlining = whole or part not commenced\no = order or to be expired\nom = omitted/repealed\n\nLegislation history 3\nR3 Anglican Church of Australia Trust Property Act 1928 page 53\n","sortOrder":16},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Church of\nEngland Trust Property Ordinance 1928 No 19 (Cwlth).\nThe ordinance was renamed as the Anglican Church of Australia Trust\nProperty Ordinance 1928 A1928-19 by the Anglican Church of Australia\nOrdinance 1980 Ord1980-42 s 4.\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth),\ns 34 (4) converted most former Commonwealth ordinances in force in the\nACT into ACT enactments. This allowed the ACT Legislative Assembly to\namend and repeal the laws. This Act was converted into an ACT enactment\non 11 May 1989 (self-government day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989\nA1989-21, s 5 on 11 May 1989 (self-government day).\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),\ns 12).\nLegislation before becoming Territory enactment\nAnglican Church of Australian Trust Property Act 1928 A1928-19\nnotified 6 September 1928\ncommenced 6 September 1928\nas amended by\nChurch of England Trust Property Ordinance 1941 Ord1941-10\nnotified 4 September 1941\ncommenced 4 September 1941\nChurch of England Trust Property Ordinance 1967 Ord1967-8\nnotified 17 May 1967\ncommenced 17 May 1967\nChurch of England in Australia Ordinance 1980 Ord1980-41\nnotified 27 November 1980\ncommenced 27 November 1980\nAnglican Church of Australia Ordinance 1980 Ord1980-42\nnotified 27 November 1980\ncommenced 24 August 1981 (s 2 and Cwlth Gaz 1981 No G7)\n\n4 Amendment history\npage 54 Anglican Church of Australia Trust Property Act 1928 R3\nCommercial Arbitration Ordinance 1986 Ord1986-84 s 59\nnotified 22 December 1986\ncommenced 2 March 1987 (s 2 and Cwlth Gaz 1987 No G6)\nLegislation after becoming Territory enactment\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64\nsch 1\nnotified 6 September 1993 (Gaz 1993 No S172)\ns 1, s 2 commenced 6 September 1993 (s 2 (1))\nsch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No\nS207)\nLegislation (Consequential Amendments) Act 2001 A2001-44\npt 14\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 14 commenced 12 September 2001 (s 2 and see Gaz 2001 No\nS65)\n","sortOrder":17},{"sectionNumber":"4","sectionType":"section","heading":"Amendment history","content":"4 Amendment history\nName of Act\ns 1 Ord1980-42 s 2\nApplication of Legislation Act\ns 2 am Ord1967-8 s 2\nom Ord1980-42 s 5\nins A2001-44 amdt 1.126\nDefinitions for Act\ns 3 sub Ord1967-8\ndef church trust property sub Ord1967-8 s 3\nam Ord1980-42 s 6\ndef the Act sub Ord1941-10 s 2; Ord1967-8 s 3\nam Ord1980-41 s 18\ndef the Constitution ins Ord1967-8 s 3\ndef the corporate body of trustees sub Ord1967-8 s 3\ndef the corporation ins Ord1967-8 s 3\ndef the Diocese sub Ord1967-8 s 3\nam Ord1980-42 s 6\ndef the Jervis Bay Territory ins Ord1967-8 s 3\n\nAmendment history 4\nR3 Anglican Church of Australia Trust Property Act 1928 page 55\ndef the Real Property Act sub Ord1967-8 s 3\nom A1993-64 sch 1\ndef the registrar of titles sub Ord1967-8 s 3\nom A1993-64 sch 1\ndef the Territory ins Ord1967-8 s 3\nAdoption of Anglican Church of Australia Constitution Act 1961 (NSW)\ns 3A ins Ord1967-8 s 3\nam Ord1980-42 s 7; Ord1986-84 s 59\nVesting of property in case of new diocese etc\ns 7 am Ord1967-8 s 5; Ord1980-42 sch 1\nProperty vested in separate trustees\ns 8 am Ord1980-41 s 19\nOrdinances about use of property jointly with other churches\ns 8A ins Ord1967-8 s 6\nam Ord1980-42 sch 1\nProtection of purchasers etc\ns 9 am A1993-64 sch 1\nMembership of corporate bodies\ns 11 am A1993-64 sch 1\nTrusteeship\ns 12 am A1993-64 sch 1\nMaking of ordinances\ns 13 am Ord1980-41 s 20\nRecord of ordinances\ns 15 am Ord1980-41 s 21; A1993-64 sch 1\nApplication of certain provisions of the Act\ns 16 ins Ord1941-10 s 3\nam Ord1980-41 s 22; Ord1980-42 s 8, sch 1\nChurch of England in Australia Trust Corporation\ns 17 ins Ord1941-10 s 3\nsub Ord1967-8 s 7\nam Ord1980-42 sch 1\nReferences to Church of England and Church of England in Australia\ns 18 ins Ord1967-8 s 7\nsub Ord1980-42 s 9\nam A2001-44 amdts 1.127-1.129\nApplication of this Act\ns 19 ins Ord1967-8 s 7\nam Ord1980-42 sch 1; Ord1986-84 s 59\n\n","sortOrder":18},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\npage 56 Anglican Church of Australia Trust Property Act 1928 R3\nFirst Schedule\nFirst sch hdg ins Ord1967-8 s 8\nom Ord1980-42 s 10\nFirst sch om Ord1980-42 s 10\nSchedule 1\nsch 1 ins Ord1980-42 s 10\nam Ord1986-84 s 59\nom R3 LA\nSchedule 2\nsch 2 ins Ord1980-42 s 10\nom R3 LA\nSchedule 3\nsch 3 hdg (prev second sch hdg) sub as sch 3 hdg Ord1980-42\nsch 1\nsch 3 (prev second sch) ins Ord1967-8 s 9\nrenum Ord1980-42 sch 1\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1\nrefers to the publication order.\nSince 12 September 2001 every authorised republication has been published\nin electronic pdf format on the ACT legislation register. A selection of\nauthorised republications have also been published in printed format. These\nrepublications are marked with an asterisk (*) in column 1. Except for the\nfooter, electronic and printed versions of an authorised republication are\nidentical.\nRepublication No Amendments to Republication date\n","sortOrder":19},{"sectionNumber":"1","sectionType":"section","heading":"Ord1986-84 30 June 1991","content":"1 Ord1986-84 30 June 1991\n","sortOrder":20},{"sectionNumber":"2","sectionType":"section","heading":"A1993-64 31 January 1994","content":"2 A1993-64 31 January 1994\n","sortOrder":21}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has been adapted from its 1928 origins to apply the Anglican Church of Australia framework in the Territory: it now adopts the Anglican Church Constitution for Territory use (s 3A; Schedule 3), replaces historic ‘Church of England’ references with ‘Anglican Church of Australia’ (s 18), and provides synod power for joint-use and trustee appointment arrangements (s 8A; s 16). It also explicitly extends application to the Jervis Bay Territory with coordinate references to dioceses (s 19)."},"complexity_factors":["Incorporation of external constitution and NSW legislation into Territory law (s 3A; Schedule 3) increases cross-jurisdictional complexity.","Automatic vesting mechanisms that operate without separate legal assurance (ss 4–8) create non-standard property transfer mechanics.","Wide diocesan and synod discretionary powers to make ordinances affecting property and trust allocation, including joint-use rules (ss 7, 8A, 13, 16).","Conclusive evidentiary certificates by bishops, primates or corporate officers that bind registrars and third parties (ss 11–13, 17) limit title enquiries.","Protections for purchasers and discharge rules that shield buyers and registrars from internal irregularity (ss 9–10) simplify commercial dealing but shift risk allocation.","Embedded canonical governance and tribunal structure in the adopted Constitution (Schedule 3, Chapters IV–IX) layers ecclesiastical procedure onto civil law.","Special application rules to Jervis Bay and interaction rules with New South Wales law (s 19; s 16) add territorial mapping complexity.","Explicit exclusion of the Legislation Act for instruments under this Act (s 2) affects how subordinate instruments are treated procedurally."],"plain_english_summary":"This Act governs ownership, vesting and management of Anglican church trust property in the ACT (and in Jervis Bay). It makes property vest automatically in corporate trustees, bishops or newly elected trustees on written consent, election or diocesan ordinance, and adopts the Anglican Church Constitution for the Territory. \n\nDecisions are taken by trustees, the diocesan synod or the bishop; purchasers and registrars are protected from probing internal irregularity, and sale proceeds must be paid to the trustees. The Act centralises title, fixes evidentiary rules and enables joint-use arrangements with other churches."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":538},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original scope as a property trust and governance framework for the Anglican Church in the ACT. While it incorporates substantial constitutional material and has been amended to reflect name changes (Church of England to Anglican Church of Australia), these represent evolutionary updates rather than scope expansion beyond its original purpose of managing church property and governance."},"complexity_factors":["Extensive cross-referencing to NSW legislation (Anglican Church of Australia Trust Property Act 1917 and Constitution Act 1961)","Adoption of external statutory provisions with territorial modifications (sections 3A, 16)","Incorporation of complete constitutional document (Schedule 3) with 75 sections covering church governance","Multiple layers of authority: General Synod, Provincial Synods, Diocesan Synods, and various tribunals","Conditional application provisions with geographic variations (ACT vs Jervis Bay Territory)","Complex succession provisions for ecclesiastical offices (Primate, Metropolitan, Bishop)","Detailed procedural requirements for making canons and ordinances including special bill procedures","Nested definitions and interpretative provisions spanning both the Act and the adopted Constitution"],"plain_english_summary":"This Act governs how trust property of the Anglican Church of Australia (notably the Diocese of Canberra and Goulburn) in the ACT and Jervis Bay Territory is held, transferred and used. It streamlines vesting and succession of church property, lets the Bishop or corporate trustees manage transfers and shared use with other Christian bodies, protects innocent purchasers dealing in good faith, and incorporates the Church’s Constitution while adopting certain NSW laws for local effect."}},"importantCases":[],"_links":{"self":"/api/acts/anglican-church-of-australia-trust-property-act-1928","history":"/api/acts/anglican-church-of-australia-trust-property-act-1928/history","analysis":"/api/acts/anglican-church-of-australia-trust-property-act-1928/analysis","conflicts":"/api/acts/anglican-church-of-australia-trust-property-act-1928/conflicts","importantCases":"/api/acts/anglican-church-of-australia-trust-property-act-1928/important-cases","documents":"/api/acts/anglican-church-of-australia-trust-property-act-1928/documents"}}