{"id":"a-1972-17","name":"Presbyterian Church (Proposals for Union with other Churches) Act 1972","slug":"presbyterian-church-proposals-for-union-with-other-churches-act-1972","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"17 of 1972","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24101,"registerId":"act-a-1972-17-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Presbyterian Church (Proposals for Union with other Churches) Act 1972","content":"Australian Capital Territory\nPresbyterian Church (Proposals for\nUnion with other Churches) Act 1972\nNo 17\nRepublication No 2\nRepublication date: 24 July 2002\nLast amendment made by A2001-44\nAmendments incorporated to 12 September 2001\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Presbyterian Church (Proposals for Union with other\nChurches) Act 1972 (including any amendment made under the Legislation Act 2001, part\n11.3 (Editorial changes)) as in force on 24 July 2002. It also includes any amendment,\nrepeal or expiry affecting the republished law to 12 September 2001.\nThe legislation history and amendment history of the republished law are set out in\nendnotes 3 and 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see\nthe ACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been\nmade by an Act commencing on the republication date (see Legislation Act 2001, s 115\nand s 117). The changes are made if the Parliamentary Counsel considers they are\ndesirable to bring the law into line, or more closely into line, with current legislative\ndrafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an\nuncommenced amendment, the symbol U appears immediately before the provision\nheading. The text of the uncommenced provision or amendment appears only in the last\nendnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision\nappears in the endnotes. For the legal status of modifications, see Legislation Act 2001,\nsection 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication\ndate is—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendments incorporated to\n12 September 2001\nAustralian Capital Territory\nPresbyterian Church (Proposals for\nUnion with other Churches) Act 1972\nContents\nPage\n1 Name of Act 2\n2 Definitions for Act 2\n3 Provisions applicable if less than 1/3 of members of a\ncongregation vote ‘Yes’ to second question 2\n4 Provisions applicable if 1/3 or more vote ‘Yes’ to second question 3\n5 Application for determination of trusts by commission 3\n6 Dealings with congregational property pending determination by\ncommission 4\n7 Constitution of commission 4\n8 Hearing and determination by commission 5\n9 Effect of determination by the commission 5\n10 Regulation-making power 5\n\nContents\nPage\ncontents 2 Presbyterian Church (Proposals for Union with other\nChurches) Act 1972\nR2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Provisions relating to voting by members\nof congregations 6\nEndnotes\n1 About the endnotes 8\n2 Abbreviation key 8\n3 Legislation history 9\n4 Amendment history 10\n5 Earlier republications 10\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAmendments incorporated to\n12 September 2001\nAustralian Capital Territory\nPresbyterian Church (Proposals for\nUnion with other Churches) Act 1972\nAn Act to make provision in relation to the trusts on which property of the\nPresbyterian Church of Australia is to be held\n\nSection 1\npage 2 Presbyterian Church (Proposals for Union with other\nChurches) Act 1972\nR2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Presbyterian Church (Proposals for Union with\nother Churches) Act 1972.\n2 Definitions for Act\nIn this Act:\nNote A definition applies except so far as the contrary intention appears\n(see Legislation Act 2001, s 155).\nchurch trust property—see the Trust Property Act.\ncongregation—see the Trust Property Act.\nthe Church—see the Trust Property Act.\nthe commission means the commission referred to in section 7.\nthe General Assembly means the General Assembly of the\nPresbyterian Church of Australia.\nthe Trust—see the Trust Property Act.\nthe Trust Property Act means the Presbyterian Church Trust\nProperty Act 1971.\n3 Provisions applicable if less than 1/ 3 of members of a\ncongregation vote ‘Yes’ to second question\nIf—\n(a) the members of each congregation in the ACT have voted,\nin accordance with schedule 1, clause 2, on the questions\nset out in schedule 1, clause 1 relating to a proposed union\nof the Church with another church or other churches; and\n(b) less than 1/ 3 of the members of a congregation who voted\non the questions voted ‘Yes’ on the second question; and\n(c) the General Assembly has resolved to enter into union with\nanother church or churches;\n\nSection 4\nR2 Presbyterian Church (Proposals for Union with other\nChurches) Act 1972\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nall property held by the Trust on behalf of that congregation\nshall, unless an application is made as provided by section 5\ncease, on the passing of that resolution, to be church trust\nproperty within the meaning of the Trust Property Act and shall\nbe held by the Trust for the purposes of the church to be formed\nas a result of the union specified in the resolution.\n4 Provisions applicable if 1/ 3 or more vote ‘Yes’ to\nsecond question\nIf—\n(a) the members of each congregation in the ACT have voted,\nin accordance with schedule 1, clause 2, on the questions\nset out in schedule 1, clause 1 relating to a proposed union\nof the Church with another church or other churches; and\n(b) 1/ 3 or more than 1/ 3 of the members of a congregation who\nvoted on the questions voted ‘Yes’ on the second of the\nquestions; and\n(c) the General Assembly has resolved to enter into union with\nanother church or churches;\nall property held by the Trust on behalf of that congregation\nshall, unless an application is made as provided by section 5,\ncontinue to be church trust property within the meaning of the\nTrust Property Act and shall be held by the Trust as if this Act\nhad not been made.\n5 Application for determination of trusts by commission\nAt any time after the counting of votes cast by members of a\ncongregation and before the General Assembly has resolved to\nenter into union with other churches, an application signed by\nnot less than 1/ 20 of the members of the congregation who were\nentitled to cast a vote may be made to the General Assembly\nrequesting the General Assembly, in the event of the General\nAssembly resolving to enter into union with other churches, to\n\nSection 6\npage 4 Presbyterian Church (Proposals for Union with other\nChurches) Act 1972\nR2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrefer for hearing and determination by a commission to be\nconstituted by the General Assembly the question on what trusts\nthe property held, on the date of the resolution, by the Trust on\nbehalf of the congregation is thereafter to be held by the Trust.\n6 Dealings with congregational property pending\ndetermination by commission\nIf an application is made by members of a congregation in\naccordance with section 5, property that is, on the day when the\nGeneral Assembly resolves to enter into union with the other\nchurch or churches, held by the Trust on behalf of the\ncongregation shall continue, after that day and unless the\ncommission makes, under section 8 a determination to the\ncontrary in relation to that property, to be held by the Trust as if\nthis Act had not been made.\n7 Constitution of commission\n(1) If—\n(a) an application is made under section 5; and\n(b) the General Assembly resolves to enter into union with\nanother church or other churches;\nthe General Assembly shall refer the application to a\ncommission consisting of—\n(c) 2 groups, each of the same number, one group representing\npersons who have voted in favour of the union and the\nother group representing persons who have voted to remain\nin membership of the Presbyterian Church of Australia;\nand\n(d) 3 independent persons acceptable to both of those groups;\nwho shall be appointed by the General Assembly.\n\nSection 8\nR2 Presbyterian Church (Proposals for Union with other\nChurches) Act 1972\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The General Assembly shall appoint 1 of the persons referred to\nin subsection (1) (d) to be chairperson of the commission.\n8 Hearing and determination by commission\nThe commission shall, as soon as practicable after an\napplication under section 5 is referred to it, hear, in accordance\nwith the procedure prescribed by the regulations, the application\nand shall make, in accordance with the principles specified in\nthe regulations as the principles to be applied by it, a\ndetermination specifying the trusts on which the property\nreferred to in the application is to be held.\n9 Effect of determination by the commission\nIf the commission has determined that property be held by the\nTrust for the purposes of the church to be formed as a result of\nthe union, that property shall, on and from the date of the\ndetermination by the commission, cease to be church trust\nproperty within the meaning of the Trust Property Act and shall\nbe held, on and from that date and until other provision is made\nby law, by the Trust for the purposes of the church to be formed\nas a result of the union.\n10 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative\nAssembly, under the Legislation Act 2001.\n\nSchedule 1 Provisions relating to voting by members of congregations\npage 6 Presbyterian Church (Proposals for Union with other\nChurches) Act 1972\nR2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Provisions relating to voting\nby members of\ncongregations\n(see s 3 (1), s 4 (1))\n1 The following questions are the questions on which the\nmembers of a congregation are to vote:\n(a) Do you desire this congregation to become a congregation\nof the church which may result from the proposed union?\n(b) Should the required majority vote for union be obtained in\npresbyteries, state general assemblies and the general\nassembly of Australia, do you desire to remain in\nmembership of any Presbyterian Church of Australia\ncontinuing to function on the present basis?\n2 (1) For the purpose of enabling members of congregations to vote\non the questions set out in clause 1, all sessions shall have\npurged their communion roles as at a date specified by a\ncommission of the General Assembly appointed by the General\nAssembly for the purpose and shall have submitted to the\npresbytery of the bounds a voting register in duplicate showing\nall names on the communion roll at the date of the submission\nto the presbytery.\n(2) Both copies of the voting register shall be certified by the\nmoderator and clerk of the session as being the voting register.\n(3) The presbytery of the bounds shall following the submission to\nit of the voting register attest both copies and shall return 1 copy\nto the session from which it was received and shall retain the\nother copy.\n(4) Only those persons whose names are on an attested voting\nregister may take part in the vote.\n(5) Sessions shall make available voting papers containing the said\nquestions at least 14 days before a date fixed by the session for\n\nProvisions relating to voting by members of congregations Schedule 1\nR2 Presbyterian Church (Proposals for Union with other\nChurches) Act 1972\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nthe close of voting, upon which the voters shall indicate whether\ntheir answer is ‘Yes’ or ‘No’ to each of the questions.\n(6) Voting papers must be signed by the voter and returned prior to\nthe close of voting.\n(7) The session shall count the votes and transmit the number of\n‘Yes’ votes and the number of ‘No’ votes cast with respect of\neach question to the clerk of the presbytery of the bounds for\ntransmission to the clerk of the assembly through the clerk of\nthe state general assembly.\n\nEndnotes\n1 About the endnotes\npage 8 Presbyterian Church (Proposals for Union with other\nChurches) Act 1972\nR2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and\nthe amendment history. Current modifications are not included in the\nrepublished law but are set out in the endnotes.\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\nrepublished law but are set out in the last endnote.\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\nEndnotes\nLegislation history 3\nR2 Presbyterian Church (Proposals for Union with other\nChurches) Act 1972\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Presbyterian\nChurch (Proposals for Union with other Churches) Ordinance 1972\nOrd1972-17 (Cwlth).\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\nPresbyterian Church (Proposals for Union with other Churches)\nAct 1972 A1972-17\nnotified 16 June 1972\ncommenced 16 June 1972\nas amended by\nOrdinances Revision (Administrative Arrangements) Ordinance\n1977 Ord1977-18 pt 6\nnotified 21 June 1977\npt 6 commenced 21 June 1977\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989\nNo S164)\n\nEndnotes\n4 Amendment history\npage 10 Presbyterian Church (Proposals for Union with other\nChurches) Act 1972\nR2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation after becoming Territory enactment\nLegislation (Consequential Amendments) Act 2001 A2001-44\npt 294\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 294 commenced 12 September 2001 (s 2 and see Gaz 2001 No\nS65)\n4 Amendment history\nRegulation-making power\ns 10 am Ord1977-18 s 12; Ord1989-38 sch 1\nsub A2001-44 amdt 1.3273\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\n1 Ord1989-38 1 July 1993\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at\nwww.legislation.act.gov.au\n© Australian Capital Territory 2002","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act continues to address treatment of Presbyterian congregational trust property on a proposed union resolution using voting, thresholds and a commission process. The legislative history shows conversion from a Commonwealth ordinance to an ACT enactment and later editorial/regulatory amendments (see endnotes 3 and 4), but no substantive change to the core scope and mechanical effect described in the Act."},"complexity_factors":["Different outcomes tied to a voting threshold: less than 1/3 'Yes' v. 1/3 or more 'Yes' on the second question (ss 3–4).","Detailed voting registration and ballot process set out in Schedule 1 (Sch 1 cl 1–2), creating administrative steps for sessions and presbyteries.","Member-initiated review: application requires signature of at least 1/20 of entitled voters and strict timing between vote-count and General Assembly resolution (s 5).","Interim property status and potential legal uncertainty while a commission considers an application (s 6).","Commission composition requires parity between pro- and anti-union groups plus 3 independents appointed by the General Assembly, with the chair chosen from the independents (s 7).","Procedural and substantive decision-making delegated to regulations—both procedure and principles for the commission (s 8) and broad regulation-making power (s 10)—increasing executive and regulatory discretion.","Effect of commission determinations automatically alters trust status and legal holding of property (s 9), interacting with the separate Trust Property Act referenced in definitions (s 2).","Short Act length masks cross-references to external law (Presbyterian Church Trust Property Act 1971) that affect interpretation and operation (s 2)."],"plain_english_summary":"This Act sets out what happens to property held on trust for ACT Presbyterian congregations if the Presbyterian Church of Australia votes to enter a union with other churches. It prescribes the congregation voting rules and thresholds that determine whether trust property passes to the new united church or stays with continuing Presbyterian bodies, and gives members a route to ask a commission to decide the trusts. It matters because it changes who legally holds and controls congregational property."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: managing property trusts during church union proposals. The 2001 amendments appear to be technical updates (converting regulation-making power references to modern form) rather than substantive expansion. The Act has not grown beyond its initial remit of providing a voting mechanism and property disposition framework for the 1970s church union movement."},"complexity_factors":["Short statute (10 sections plus 1 schedule)","Only 5 defined terms in section 2, with most definitions referencing another Act (Presbyterian Church Trust Property Act 1971)","Clear conditional structure based on voting thresholds (1/3 and 1/20 fractions)","Simple procedural mechanism (commission appointment) with minimal detail left to regulations","No nested exceptions or complex cross-referencing beyond the single reference to the Trust Property Act","Linear flow: vote → count → apply threshold → determine property outcome"],"plain_english_summary":"This law sets voting rules for ACT Presbyterian congregations considering union with other churches: if fewer than one-third vote to remain Presbyterian, the congregation’s property automatically transfers to the new united church; if one-third or more oppose union, property stays with the Presbyterian Church. A petition can trigger an equal-sided commission with three independents to decide contested cases, and while it decides the property remains with the Presbyterian Church. It affects congregants, the Presbyterian Church Trust, and any new united church."}},"importantCases":[],"_links":{"self":"/api/acts/presbyterian-church-proposals-for-union-with-other-churches-act-1972","history":"/api/acts/presbyterian-church-proposals-for-union-with-other-churches-act-1972/history","analysis":"/api/acts/presbyterian-church-proposals-for-union-with-other-churches-act-1972/analysis","conflicts":"/api/acts/presbyterian-church-proposals-for-union-with-other-churches-act-1972/conflicts","importantCases":"/api/acts/presbyterian-church-proposals-for-union-with-other-churches-act-1972/important-cases","documents":"/api/acts/presbyterian-church-proposals-for-union-with-other-churches-act-1972/documents"}}