{"id":"church-england-act-1904","name":"Church of England Act 1904","slug":"church-of-england-act-1904","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174325,"registerId":"vic-church-england-act-1904-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Church of England Act 1904","content":"Version No. 001\n\n**Church of England Act 1904**\n\n**No. 1947 of 1904**\n\nVersion as at  \n5 April 2023\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\n1 Short title and construction 1\n\n2 Repeal of section 17 of Church of England Act 1854 1\n\n3 Substitution of Synods for Assemblies 2\n\n4 References in deeds and documents 2\n\n5 Amendment of section 2 of No. 454 2\n\n═══════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Explanatory details 6\n\n**Version No.** **001**\n\n**Church of England Act 1904**\n\n**No. 1947 of 1904**\n\nVersion as at  \n5 April 2023\n\nAn Act to further amend the Law relating to the Church of England in Victoria.\n\nBE it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—\n\n\t1 Short title and construction\n\nThis Act may be cited as the **Church of England Act 1904**, and shall be construed as one with an Act passed in Victoria in the year One thousand eight hundred and fifty-four and intituled *An Act to enable the Bishops Clergy and Laity of the United Church of England and Ireland in Victoria to provide for the regulation of the affairs of the said Church* which may be cited as the **Church of England Act 1854**.\n\n\t2 Repeal of section 17 of Church of England Act 1854\n\nSection seventeen of the said **Church of England Act 1854** is hereby repealed.\n\n\t3 Substitution of Synods for Assemblies\n\nFor the words \"an Assembly\" \"Assembly\" or \"Assemblies\" wherever occurring in the said **Church of England Act 1854** or any Act amending the same there shall be substituted the words \"a Synod\" \"Synod\" or \"Synods\" as the case may be.\n\n\t4 References in deeds and documents\n\nWherever in the Act passed in Victoria in the year One thousand eight hundred and eighty-four and intituled \"An Act to provide for the creation of corporate bodies of Trustees in which property belonging to the Church of England in Victoria may be vested and to make further provisions in reference thereto\" or in any deed document or instrument made or entered into by or in connexion with the Church of England in Victoria any reference is made to any Assembly or Assemblies or Church Assembly or Church Assemblies such reference unless inconsistent with the context shall be deemed and taken to refer to the Synod or Synods.\n\n\t5 Amendment of section 2 of No. 454\n\nIn section two of the Act No. 454 for the word \"therein\" here shall be substituted the words \"in the said Church.\"\n\n**═══════════════**\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 16 November 1904*\n\n*Legislative Council: 23 November 1904*\n\nThe long title for the Bill for this Act was—\n\nAn Act to further amend the Law relating to the Church of England in Victoria.\n\nThe **Church of England Act 1904** was assented to on 30 November 1904 and came into operation on 30 November 1904.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the **Church of England Act 1904** by Acts and subordinate instruments.\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act does not broaden or add regulatory powers; it performs terminological and minor drafting amendments to existing law governing the Church of England in Victoria, preserving the original regulatory structure while changing how governing bodies are named and how prior documents are to be read."},"complexity_factors":["Narrow, primarily terminological amendments (substitution of 'Synod(s)' for 'Assembly(s)') reduce substantive complexity.","Cross-references to the older Church of England Act 1854 and to other Acts and deeds require careful textual updating across instruments.","Section 4's proviso 'unless inconsistent with the context' introduces interpretive discretion when construing older documents.","Repeal of section 17 of the 1854 Act could have residual legal effects requiring historical reference to that provision to confirm no unintended gaps.","Practical compliance cost is low but involves administrative and legal updating of deeds, corporate trustee records and governance documents."],"plain_english_summary":"This Act updates the law for the Church of England in Victoria by replacing statutory references to “Assembly(s)” with “Synod(s)”, repealing section 17 of the 1854 Act, and making small wording changes in related Acts and deeds so older references to Assemblies are read as Synods where appropriate. It affects the Church of England in Victoria, church trustees, and parties to existing property and governance instruments. The principal effects are re‑reading existing documents and modest administrative or legal work to amend or interpret older instruments."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient information was provided to assess whether the scope of this Act changed from its original intent. No substantive text, amendment history, or explanatory materials were included — only version status metadata. A proper scope assessment would require reviewing the original 1904 Act alongside any amendments made since."},"complexity_factors":["Extremely limited information provided — only metadata and version history were included, with no substantive legislative text","Historical legislation from 1904 may use archaic legal language and concepts unfamiliar to modern readers","Intersection of religious law, property law, and state legislation can create complexity","Over a century of potential amendments, repeals, and interactions with other legislation may complicate interpretation","Ecclesiastical (church) governance structures referenced may be unfamiliar to laypeople"],"plain_english_summary":"The Church of England Act 1904 is a Victorian law concerning the legal and property arrangements of the Anglican (Church of England) in Victoria. It deals with recognition and governance of church bodies so they can hold, manage and transact property and participate in legal proceedings.\n\nIt affects clergy, parishioners, trustees and anyone dealing with Anglican institutions in a legal or property capacity. Although enacted in 1904, it remains in force and can still influence titles, trusts and institutional governance."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: technical amendments to church governance terminology. It has not expanded beyond this narrow scope in the 120+ years since enactment, as evidenced by zero subsequent amendments."},"complexity_factors":["Extremely short: only 5 operative sections spanning 2 pages","No defined terms section - relies entirely on external references to the 1854 Act","Simple, single-layer amendments: word substitutions and one repeal","No conditional logic, exceptions, or nested provisions","Minimal cross-referencing: only references to two other Acts (1854 Act and Act No. 454)","No penalties, enforcement mechanisms, or procedural requirements"],"plain_english_summary":"This is a short Victorian law from 1904 that makes technical changes to how the Anglican Church (then called the Church of England) governs itself in Victoria.\n\n**What it does:**\n- **Changes the name of church governing bodies** from \"Assemblies\" to \"Synods\" throughout existing church laws and legal documents\n- **Fixes a drafting error** in another Act (No. 454) by replacing the word \"therein\" with clearer wording \"in the said Church\"\n- **Repeals one section** (section 17) of the 1854 Church of England Act\n\n**Who it affects:**\n- The Anglican Church in Victoria (now known as the Anglican Diocese of Melbourne and regional dioceses)\n- Anyone holding property deeds or legal documents referencing the church's governing bodies\n\n**Why it matters:**\nThis is housekeeping legislation. The term \"Synod\" is the standard name used by Anglican churches worldwide for their governing councils (made up of bishops, clergy and lay people). This Act simply updated Victorian law to use the correct terminology, ensuring church property deeds and legal documents remained valid and clear. It has no practical effect today beyond maintaining historical legal continuity."}},"importantCases":[],"_links":{"self":"/api/acts/church-of-england-act-1904","history":"/api/acts/church-of-england-act-1904/history","analysis":"/api/acts/church-of-england-act-1904/analysis","conflicts":"/api/acts/church-of-england-act-1904/conflicts","importantCases":"/api/acts/church-of-england-act-1904/important-cases","documents":"/api/acts/church-of-england-act-1904/documents"}}