{"id":"the-uniting-church-in-australia-act-1977","name":"The Uniting Church in Australia Act 1977","slug":"the-uniting-church-in-australia-act-1977","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110638,"registerId":"sa-the-uniting-church-in-australia-act-1977-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"The Uniting Church in Australia Act 1977","content":"South Australia\nThe Uniting Church in Australia Act 1977\nAn Act to facilitate the union of various Christian churches and the formation by that Union of a single church to be known as The Uniting Church in Australia; to constitute The Uniting Church in Australia Property Trust (S.A.); to define its powers, authorities, duties and functions; and to provide for the vesting of certain property in The Uniting Church in Australia Property Trust (S.A.) and for purposes connected therewith.\n\nContents\nPart 1—Preliminary\n1\tShort title\n5\tInterpretation\nPart 2—Inauguration of the Church\n6\tAuthority to unite\n7\tName of church\n8\tInaugurating Assembly\n9\tAdoption of Constitution\n10\tAmendment of Constitution\nPart 3—Constitution of the Trust\n11\tConstitution of Trust\n12\tPowers and duties of Trust\n13\tQuorum\n14\tVacation of office\n15\tCasual vacancies\n16\tCommon seal\n17\tForm and execution of certain contracts etc\n18\tExecution under seal by agent etc\nPart 4—Property\n19\tSaving provision\n20\tSmith of Dunesk and General Assembly (Clare Trust) Inc.\n21\tVesting of certain property in the Trust\n22\tR.H. White Settlement—Vesting in Trust and alteration of trusts\n23\tAlteration of trusts in Will of J.H. Champness deceased\n24\tConstruction of certain instruments\n25\tResolution of ambiguities etc\n26\tHanding over of property by incorporated association\n27\tDissolution\n28\tPower to alter rules of incorporated association\n29\tWaiver of certain conditions etc in certain Crown grants\n30\tEvidence\n31\tCertain rights enforceable by the Trust\n32\tRegistration of interests of Trust in land\nPart 5—General\n33\tClaims for compensation upon compulsory acquisition etc\n34\tReceipt for certain moneys\n35\tExoneration from enquiry\n36\tService of documents\n37\tTrust may act as executor etc\n38\tTrust may hold property jointly\n39\tRegulations\n40\tCo-operative use of property\n41\tSaving provision\n42\tPower of Synod to alter trusts\n43\tIndemnifications of certain persons\n44\tBlending of Trust Funds\n45\tPowers of investment\nSchedule 1—The Basis of Union\nSchedule 4\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the The Uniting Church in Australia Act 1977.\n5—Interpretation\nIn this Act, unless the contrary intention appears—\nappointed day means the day on which this Act comes into operation;\nthe Assembly means the Assembly of the Church referred to in clause 15(e) of the Basis of Union and includes the Inaugurating Assembly;\nBasis of Union means the Basis of Union set forth in Schedule 1 to this Act;\nthe Church means The Uniting Church in Australia;\nthe Congregational Church means the Congregational Union of Australia, the Congregational Unions in each of the States of the Commonwealth, and includes the individual churches which have resolved to enter into union with the Methodist and Presbyterian Churches and any department, society, auxiliary, activity, fund, service, institution, or any interest of any such individual churches or Unions;\nconveyance includes transfer;\ndisposition includes surrender or release;\nthe Inaugurating Assembly means the first Assembly of the Church which is convened in accordance with the Basis of Union;\nincorporated association means an association incorporated under the Associations Incorporation Act 1956;\nthe Methodist Church means the Methodist Church of Australasia and includes any congregation, circuit, department, society, auxiliary, activity, fund, service, institution or interest thereof save and except the Conferences of Fiji, Samoa and Tonga;\nthe Presbyterian Church means the Presbyterian Church of Australia comprising the Presbyterian Church of Australia in the State of New South Wales, the Presbyterian Church of Victoria, the Presbyterian Church of Queensland, the Presbyterian Church of South Australia, the Presbyterian Church of Tasmania and the Presbyterian Church in Western Australia, subject to the Presbyterian Trusts Act 1971;\nthe Presbyterian Church continuing to function after the appointed day means the Presbyterian Church continuing to function after the appointed day under the Scheme of Union of the 24th day of July, 1901, as amended, within the meaning of Schedule 3 to the Presbyterian Trusts Act 1971;\nprescribed association means an incorporated association referred to in Schedule 4 to this Act;\nprescribed Congregational Association means a prescribed association designated as a prescribed Congregational Association in Schedule 4 to this Act;\nprescribed Presbyterian Association means a prescribed association designated as a prescribed Presbyterian Association in Schedule 4 to this Act;\nproperty includes real and personal property and any estate or interest therein;\nthe Synod means the Synod of the Church referred to in clause 15(d) of the Basis of Union within South Australia;\nthe Trust means The Uniting Church in Australia Property Trust (S.A.) constituted by this Act;\nthe Uniting Churches means the Congregational Church, the Methodist Church, and the Presbyterian Church, save and except those congregations of the Presbyterian Church continuing to function after the appointed day under the Scheme of Union of the 24th day of July, 1901, as amended, within the meaning of Schedule 3 to the Presbyterian Trusts Act 1971.\nPart 2—Inauguration of the Church\n6—Authority to unite\nThe Uniting Churches are hereby empowered to unite in accordance with the Basis of Union, such union to take effect from the appointed day.\n7—Name of church\nThe church formed by such union shall be denominated The Uniting Church in Australia.\n8—Inaugurating Assembly\nThe Inaugurating Assembly shall be deemed to have been validly convened.\n9—Adoption of Constitution\nThe Inaugurating Assembly may adopt a Constitution for the Church consistent with the Basis of Union.\n10—Amendment of Constitution\nNotwithstanding anything in this Act, or in the Basis of Union, the Assembly may—\n\t(a)\tamend, alter, repeal or replace the Constitution adopted by the Assembly from time to time in accordance with the provisions made by the Constitution in that regard; and\n\t(b)\tresolve to enter into union with other branches of the Christian Church.\nPart 3—Constitution of the Trust\n11—Constitution of Trust\n\t(1)\tA corporation entitled The Uniting Church in Australia Property Trust (S.A.) is hereby constituted.\n\t(2)\tThe Trust shall consist of eight members, of whom—\n\t(a)\tone shall be the person holding or acting in the office of Moderator of the Synod;\n\t(b)\tone shall be the person holding or acting in the office of Secretary of the Synod;\n\t(c)\tone shall be the person holding or acting in the office of Property Officer of the Synod;\n\t(d)\tthe others shall be appointed—\n\t(i)\tuntil the Synod makes its first appointment of members of the Trust—by the Inaugurating Assembly; and\n\t(ii)\tthereafter by the Synod.\n\t(3)\tA person appointed as a member of the Trust shall, upon the expiration of his term of office, be eligible for re-appointment.\n\t(5)\tSubject to this Act, a member of the Trust appointed by the Synod in pursuance of this section shall hold office until the end of the meeting of the Synod held in such calendar year (being no later than the third calendar year after the calendar year in which he was last appointed) as the Synod determines.\n\t(6)\tThe Synod shall appoint one member of the Trust to be Chairman of the Trust and another member to be Secretary of the Trust.\n\t(7)\tIn the absence of the Chairman from a meeting of the Trust, or in the event of there being a vacancy in the office of Chairman of the Trust when a meeting of the Trust is held, the members present at the meeting shall elect one of their number to act as Chairman at that meeting.\n12—Powers and duties of Trust\n\t(1)\tThe Trust shall have perpetual succession and a common seal and may enter into contracts, sue and be sued in its corporate name and may take and hold any real or personal property.\n\t(2)\tThe Trust shall hold its property in trust for the Church in accordance with the provisions of this Act and notwithstanding anything in this Act or in the Basis of Union the determinations declarations and interpretations on matters of doctrine worship government and discipline made from time to time in accordance with the provisions of the Constitution for the Church for the time being in force in that regard.\n\t(3)\tNotwithstanding the provisions of any trust, but subject to this section, the Trust may—\n\t(a)\tacquire, hold, deal with and dispose of property of any kind; or\n\t(b)\tmortgage, charge or otherwise encumber any of its property; or\n\t(c)\tborrow moneys for the purposes of the Church.\n\t(4)\tThe Trust shall observe any directions of the Assembly as to the exercise of its powers under this section.\n13—Quorum\nFour members of the Trust shall constitute a quorum for the purpose of any meeting of the Trust and the decision of a majority of the members present and voting at any meeting of the Trust shall be the decision of the Trust.\n14—Vacation of office\nA member of the Trust shall be deemed to have vacated his office if—\n\t(a)\the dies; or\n\t(b)\the resigns his office by notice in writing to the Moderator; or\n\t(c)\the is physically or mentally incapable of properly carrying out the duties of a member of the Trust; or\n\t(d)\tin the case of a person who holds office as a member of the Trust ex officio—he ceases to hold the office by virtue of which he was entitled to membership of the Trust; or\n\t(e)\the is removed by resolution of the Synod or its Standing Committee.\n15—Casual vacancies\nWhere a casual vacancy occurs in the membership of the Trust, the Standing Committee of the Synod may appoint a person to fill the vacancy until the end of the next meeting of the Synod.\n16—Common seal\n\t(1)\tThe members for the time being of the Trust shall have the custody of its common seal and, subject to this section, the form of the common seal and all other matters relating thereto shall be determined by the Trust.\n\t(2)\tThe common seal of the Trust shall not be affixed to any instrument except in pursuance of a resolution passed at a duly convened meeting of the Trust and every instrument to which the common seal is so affixed shall be signed by not less than two members of the Trust.\n\t(3)\tAn instrument purporting to have been sealed with the common seal of the Trust and purporting to have been signed by not less than two members of the Trust shall be deemed to have been executed in accordance with subsection (2) of this section.\n17—Form and execution of certain contracts etc\n\t(1)\tAny deed, instrument, contract or agreement relating to any property or matter which if made or executed by an individual would be by law required to be in writing under seal may be made on behalf of the Trust in writing under the common seal of the Trust.\n\t(2)\tAny instrument, contract or agreement relating to any property or matter which if made by or between individuals would be required to be in writing signed by the parties to be charged therewith may be made on behalf of the Trust in writing by any person acting under its authority express or implied.\n\t(3)\tAny contract relating to any property or matter which if made between individuals would by law be valid although made by parol only (and not reduced to writing) may be made on behalf of the Trust by any person acting under its authority express or implied.\n\t(4)\tAny contract which is entered into or any instrument, contract or agreement which is signed on behalf of the Trust shall be deemed to have been entered into or signed with the express authority of the Trust, if it is entered into or signed in accordance with the resolution of the Synod for the time being in force pursuant to this Act.\n18—Execution under seal by agent etc\nThe Trust may, by writing under its common seal, expressly empower any person, in respect of any specific matter, as its agent or attorney to execute any deed, instrument, contract or agreement on its behalf, and any deed signed by such an agent or attorney on behalf of the Trust and under his seal shall bind the Trust and have the same effect as if it were under its common seal.\nPart 4—Property\n19—Saving provision\n\t(1)\tNothing in this Act shall divest of any property or prevent the vesting of any property in—\n\t(a)\tan incorporated association not being a prescribed association, except by virtue of section 26 of this Act;\n\t(b)\tThe Spice Cottages Trust;\n\t(c)\tthe trustees of the trust known as the Payneham and Dudley Park Cemeteries Trust under an instrument a memorial of which is registered in the General Registry Office No. 46 Book 469;\n\t(d)\tScotch College, Adelaide;\n\t(e)\tAnnesley College;\n\t(f)\tPrince Alfred College.\n\t(2)\tSubsections (4) and (5) of section 21 of this Act shall apply to property which would but for this section have vested in the Trust under that section in the same manner as though it had so vested, but not so as to free property from trusts for any of the uses referred to in subsection (4) of that section.\n\t(3)\tNothing in subsection (3) of section 21 of this Act shall vest in the Trust any property to which the Presbyterian Church continuing to function after the appointed day is or becomes entitled.\n\t(4)\tNothing in this Act shall deprive the Church or any of the Uniting Churches or the Presbyterian Church continuing to function after the appointed day of any rights by virtue of the operation of the Presbyterian Trusts Act 1971 and without limiting the generality of the foregoing the inclusion or exclusion of any incorporated association as a prescribed Presbyterian Association shall not deprive the Church or any of the Uniting Churches or the Presbyterian Church continuing to function after the appointed day of any right by virtue of the operation of the Presbyterian Trusts Act 1971.\n20—Smith of Dunesk and General Assembly (Clare Trust) Inc.\nFor the removal of doubts it is declared that this Act shall have no operation with respect to—\n\t(a)\tthe property subject to a certain deed of gift made in 1853 between Henrietta Smith of Dunesk, Scotland and the Free Church of Scotland; or\n\t(b)\tproperty vested in the General Assembly (Clare Trusts) Inc. by virtue of the Will of Arthur Albert Harmer late of 109 Bruce Street Nedlands in the State of Western Australia Retired Teacher deceased,\nexcept any of such property to which the Church or any of the Uniting Churches is or becomes entitled otherwise than by virtue of the operation of this Act.\nNothing in this section shall be construed so as to give this Act any application to any property which it would not otherwise have.\n21—Vesting of certain property in the Trust\n\t(1)\tSubject to this Act, all property that immediately before the appointed day was vested in the Methodist Church (S.A.) Property Trust or any other person in trust for the Methodist Church is hereby divested from that person and is hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act.\n\t(2)\tSubject to this Act, all property that immediately before the appointed day was vested in—\n\t(a)\tthe Congregational Union of South Australia Incorporated; or\n\t(b)\tany other prescribed Congregational Association; or\n\t(c)\tany other person in trust for the Congregational Church,\nis hereby divested from that person and is hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act.\nThe whole of the land comprised in Certificate of Title Register Book Volume 873 Folio 20 is hereby divested from the Congregational Union of South Australia Incorporated and vested (without conveyance) in Torrensville Congregational Church Incorporated to be held in accordance with its rules.\nThe whole of the land comprised in Certificate of Title Register Book Volume 1662 Folio 141 is hereby divested from the Congregational Chapel Building Society of South Australia Incorporated and vested (without conveyance) in Waitpinga Congregational Church Incorporated to be held in accordance with its rules.\nWithout limiting the generality of the foregoing provisions of this subsection—\n\t(a)\tthe whole of the land comprised in Certificate of Title Register Book Volume 826 Folio 168; and\n\t(b)\tthe whole of the land comprised in Limited Certificate of Title Register Book Volume E Folio 116; and\n\t(c)\tthe whole of the land comprised in Certificate of Title Register Book Volume 3168 Folio 167,\nis hereby divested from the persons entitled thereto and is hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act freed and discharged from any trusts relating thereto.\n\t(3)\tSubject to this Act, and subject to all rights created or conferred by or pursuant to or otherwise by virtue of the operation of the provisions of the Presbyterian Trusts Act 1971 and, without restricting the generality of the foregoing, to section 20 of the said Act and clause 4 of Schedule 3 to the said Act, any property that immediately before the appointed day was vested in any person subject to The Presbyterian Church of South Australia Act or the Presbyterian Trusts Act 1971 or otherwise in trust for the Presbyterian Church or any congregation, board or committee of management, session, Presbytery, Committee, Council, board or other institution, organisation or section thereof or in any prescribed Presbyterian Association is hereby divested from that person and is hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act.\nFrom and including the appointed day, property to which section 22 of the Presbyterian Trusts Act 1971 applies, other than property to or to the benefit of which the Presbyterian Church continuing to function after the appointed day is or becomes entitled by virtue of the operation of that section, shall by operation of this subsection be divested from the person in whom it is vested and vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act.\nNotwithstanding anything hereinbefore contained, this subsection shall come into operation on the day specified in that behalf by proclamation.\n\t(4)\tSubject to the provisions of this Act, all property which pursuant to this section becomes vested in the Trust is freed and discharged from all of the provisions and trusts of the Methodist Church (S.A.) Property Trust Act 1972, The Presbyterian Church of South Australia Act and the Presbyterian Trusts Act 1971, other than of section 23 of the Presbyterian Trusts Act 1971, and from any trust for the general purposes of any of the Uniting Churches.\nProperty vested in the Trust pursuant to this section that was held immediately before it was so vested in the Trust for use as a place of worship, a manse, a church hall or other property appurtenant to a place of worship, manse or church hall shall be freed and discharged from any trusts for that use to which the property was subject immediately before it was vested in the Trust.\nSubject to the foregoing provisions of this subsection, a reference to any of the Uniting Churches in any trust relating to the property vested in the Trust shall be read and construed as though the reference were to the Church.\n\t(5)\tSubject to subsection (4) of this section, the vesting effected by this section shall be without prejudice to—\n\t(a)\tany special trust; and\n\t(b)\tany resulting trust; and\n\t(c)\tany trust in favour of a donor; and\n\t(d)\tany trust in favour of a person other than the Uniting Churches or any one or more of them; and\n\t(e)\tany reservation, mortgage, charge, encumbrance, loan or lease, that, immediately before the appointed day, affected the property vested.\n\t(6)\tNo attornment to the Trust by any lessee of land vested in it by this section shall be necessary.\n\t(7)\tIn this section—\nPresbyterian Church includes The Presbyterian Church of South Australia;\nspecial trust means any trust other than a trust for the general purposes of the Methodist, Congregational or Presbyterian Churches.\n22—R.H. White Settlement—Vesting in Trust and alteration of trusts\n\t(1)\tAll property that, immediately before the appointed day, was held by any person subject to the trusts of the R.H. White Settlement is hereby divested from that person and is hereby vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act.\n\t(2)\tThe property vested in the Trust by this section together with all accretions and income shall be freed and discharged from the trusts of the R.H. White Settlement and shall be held by the Trust in trust for the promotion of Bible studies, and such other religious or educational purposes as the Synod directs. The provisions of this subsection shall apply as though substituted for the trusts of the R.H. White Settlement.\n\t(3)\tWhere, immediately before the appointed day, there was vested in any person divested of property by subsection (1) of this section a right (including a chose in action) arising in law or in equity relating to that property or to the trusts of the R.H. White Settlement, the right is hereby vested in the Trust.\n\t(4)\tIn this section the expression \"the trusts of the R.H. White Settlement\" means the trusts of the deed dated the 6th of May, 1927 made by Brian Wibberley, William Hutchinson Robinson, Frank Lade, Samuel Carroll Myers, John Grenfell Jenkin, John Henry Nield, William Alfred Langsford, Richard Henry White, Arthur Langsford, Arthur Randolph Uren, Hartley Gladstone Hawkins, Albert Ernest Clarkson, William John White and Shirley Williams Jeffries.\n23—Alteration of trusts in Will of J.H. Champness deceased\nIn the Will of John Henry Champness late of Brighton in the State of South Australia Retired Grazier deceased who died at North Adelaide in the State on the 25th day of August 1924 (the Will and five Codicils having been proved in the Supreme Court on the 8th day of September 1924 by the Executors therein named) the passage—\"the President for the time being of the METHODIST CONFERENCE OF SOUTH AUSTRALIA to be applied in or towards payment of the fees and or maintenance of poor and deserving students in residence at or who desire to enter the Methodist Brighton College at Brighton aforesaid and who are unable to pay the fees in whole or in part as the Board or Committee of Management of the said College in their absolute discretion shall decide AND I DECLARE that my Trustees shall not be responsible to see to the application of the said income but the receipt of the President for the time being of the Methodist Conference of South Australia as aforesaid shall be a full and sufficient discharge to my Trustees therefor\" shall be deemed to be deleted and the following passage shall be deemed to be substituted therefor—\"the Moderator for the time being of the Synod of The Uniting Church in Australia within South Australia to be applied for the support of theological students in such manner as the Moderator thinks fit AND I DECLARE that my Trustees shall not be responsible to see to the application of the said income but that the receipt of the Moderator for the time being of the said Synod shall be a full and sufficient discharge to my Trustees therefor\".\n24—Construction of certain instruments\n\t(1)\tTo the extent to which, by a deed, will or other instrument that takes effect on or after the appointed day, any property—\n\t(a)\tis devised, bequeathed, given, granted, released, conveyed or appointed to the Church or to a person (not being the Trust) for, or for the benefit of, or in trust for, the Church for the religious, social, educational or charitable work of the Church, or is declared or directed to be held by any person (not being the Trust) for, or for the benefit of, or in trust for, the Church or the religious, social, educational or charitable work of the Church; or\n\t(b)\tis recoverable by the Church or by any person (not being the Trust) for the Church; or\n\t(c)\tis payable to, or receivable by, the Church or any person (not being the Trust) on behalf of the Church or for the religious, social, educational or charitable work of the Church,\nthe deed, will or other instrument shall be construed and take effect as if the reference therein to the Church, or as the case may be, to that person, were a reference to the Trust.\n\t(2)\tAny deed, instrument, document, gift, will or other provision in favour of or relating to the Methodist Church coming into effect on or after the appointed day shall be read and construed as though any reference therein to the Methodist Church were a reference to the Church.\n\t(3)\tAny deed, instrument, document, gift, will or other provision in favour of or relating to the Congregational Church coming into effect on or after the appointed day shall be read and construed as though any reference therein to the Congregational Church were a reference to the Church provided that—\n\t(a)\tany deed, instrument, document, gift, will or other provision in favour of or relating to an additional congregation which has been admitted to membership of the Church after the appointed day shall if it comes into operation after the date of admission to membership be read and construed as though any reference therein to the said additional congregation were a reference to the Church;\n\t(b)\tany deed, instrument, document, gift, will or other provision pursuant to which provision is made in favour of the Congregational Church by a member of an individual church which did not resolve to enter into union with the Methodist and Presbyterian Churches and which has not been admitted to membership of the Church shall be read and construed as a reference to the individual church of which the donor was or claimed to be a member at the time of the gift;\n\t(c)\tnotwithstanding paragraph (b) of this subsection any special trust for a particular purpose of or relating to the Congregational Church shall where that purpose is at the time of the trust coming into effect being carried on solely by the Church be read and construed as vesting the property in the Trust for the said purpose.\n25—Resolution of ambiguities etc\nWhere by virtue of a provision of this Part a reference to a Uniting church is to be read and construed as a reference to the Church and any ambiguity or obscurity results from construing the reference in accordance with that provision, the Synod may give such directions as it considers necessary or expedient to resolve the ambiguity or obscurity and the reference shall thereafter be read and construed in accordance with that direction.\n26—Handing over of property by incorporated association\n\t(1)\tAn incorporated association may request the Synod to accept all or part of its property.\n\t(2)\tOn acceptance by the Synod of the request the property of the incorporated association the subject of the request shall be divested from the incorporated association and vested (without conveyance) in the Trust and shall be held by the Trust in accordance with the provisions of this Act. Section 21 of this Act shall apply as though the property had vested upon the appointed day.\n\t(3)\tThis section shall not of itself confer any authority on an incorporated association of the Presbyterian Church continuing to function after the appointed day, or any congregation, board or committee of management, session, Presbytery, Committee, Board or other institution, organisation or section thereof, to request the Synod to accept all or any part of its property under this section.\n27—Dissolution\n\t(1)\tWhere property of an incorporated association is vested in the Trust pursuant to this Act and the incorporated association thereby or partly thereby and partly by virtue of the operation of the Presbyterian Trusts Act 1971 ceases to have any property whatsoever the incorporated association shall be automatically dissolved.\n\t(2)\tSubject to the Presbyterian Trusts Act 1971 and, without limiting the generality of the foregoing, to sections 22 and 23 of that Act, a trust or other disposition in favour of an incorporated association so dissolved shall operate so as to vest the property in the Trust.\n\t(3)\tWithout limiting the generality of section 31 of this Act, the Trust shall have and may exercise all the rights, powers and remedies which the dissolved incorporated association would have had had it not been dissolved and shall be subject (but only to the extent of the property vested in the Trust by this Act or property representing that property) to the liabilities and obligations to which the dissolved incorporated association would have been subject had it not been dissolved.\n\t(4)\tA certificate of the Property Officer of the Synod lodged with the Registrar of Companies that an incorporated association has been dissolved pursuant to this Act on a day specified therein shall be conclusive evidence of the facts so certified.\n28—Power to alter rules of incorporated association\n\t(1)\tNotwithstanding anything contained in the rules of an incorporated association the rules may be altered with the consent of the Synod so that any reference therein to any of the Uniting Churches is altered to refer to the Church.\n\t(2)\tThe rules shall be altered in accordance with the procedure laid down therein as nearly as is practicable. Anything to be done by any of the Uniting Churches for the purpose of altering the rules may be done by the Synod.\n\t(3)\tWhere the rules do not provide for alteration they may with the consent of the Synod be altered for the purposes of this section by an instrument under the seal of the incorporated association.\n\t(4)\tNothing in this section shall derogate from the operation of the Presbyterian Trusts Act 1971.\n29—Waiver of certain conditions etc in certain Crown grants\nNo title to any land vested in the Trust by this Act shall be held bad either at law or in equity by reason of any breach or non-performance before or after the appointed day of any condition, trust or proviso contained in the grant by the Crown of the land and every provision for forfeiture or reverter in respect of any such breach or non-performance shall be deemed to have been released by the Crown as from the date of Crown grant.\n30—Evidence\n\t(1)\tSubject to subsection (2) of this section, a certificate under the common seal of the Trust to the effect that property therein specified is held by it upon trust for the Church shall, in all circumstances and all proceedings whether civil or criminal, be prima facie evidence that the property so specified is so held.\n\t(2)\tSubsection (1) of this section shall not apply in relation to any dispute concerning property between the Church and the Presbyterian Church continuing to function after the appointed day.\n31—Certain rights enforceable by the Trust\nSubject to this Act, where any property is vested in the Trust pursuant to this Act, the Trust shall, in relation to that property, have and be subject to all the rights, powers, remedies, liabilities and obligations and may exercise and discharge, in relation to that property, all or any of the rights, powers and remedies which the person in whom the property was theretofore vested or by whom it was theretofore held would have had and been subject to and might have exercised and discharged in relation to that property if the property had not been divested from him and vested in the Trust.\n32—Registration of interests of Trust in land\n\t(1)\tWhere the Trust—\n\t(a)\tapplies to the Registrar-General to be registered as the proprietor of an estate or interest in land; and\n\t(b)\tfurnishes the Registrar-General with—\n\t(i)\ta certificate under the common seal of the Trust to the effect that the estate or interest has vested in the Trust in pursuance of this Act; and\n\t(ii)\tsuch duplicate certificates of title or other instruments as may be required by the Registrar-General,\nthe Registrar-General shall, without further inquiry, and without fee, register the Trust as the proprietor of the relevant estate or interest.\n\t(2)\tNo stamp duty shall be payable in respect of an application or certificate under subsection (1) of this section.\nPart 5—General\n33—Claims for compensation upon compulsory acquisition etc\nSubject to any resolution or direction of the Assembly or of any Committee appointed by it for the purpose, the Trust may act in relation to the exchange, dedication or compulsory acquisition of any property vested in it, may make claims for compensation in respect thereof and may agree to and settle any such claims, for such considerations, and on and subject to any terms and conditions, as may appear advisable to it.\n34—Receipt for certain moneys\nA receipt for moneys payable to the Trust shall exonerate the mortgagee, purchaser or other person by or on whose behalf the moneys are so payable from any liability to see to the application thereof, and from any liability for the loss, misapplication or non-application thereof, if the receipt—\n\t(a)\tis executed in accordance with this Act under the common seal of the Trust; or\n\t(b)\tis in writing signed by two members of the Trust; or\n\t(c)\tis in writing signed by a person or persons duly authorised for the purpose of the Trust or two members thereof.\n35—Exoneration from enquiry\nNo purchaser, mortgagee, lessee or other person dealing with the Trust, and neither the Registrar-General nor any other person registering or certifying title shall, upon any sale, exchange, mortgage, lease or other dealing purporting to be entered into by the Trust, be concerned to see or enquire into the necessity for or the propriety of the exercise by the Trust of its powers or the mode of exercising them or be affected by notice that the exercise of any such power is unauthorised, irregular or improper.\n36—Service of documents\nThe service of any writ, statement of claim, summons or other legal process on the Trust may be effected by serving it on the Moderator, Secretary of the Synod, Property Officer of the Synod or on any person appearing to be authorised by the Trust to accept service thereof.\n37—Trust may act as executor etc\n\t(1)\tThe Trust may—\n\t(a)\tapply for and obtain, or join in applying for and obtaining, probate of the will, or letters of administration of the estate, of a deceased person where the Church has a beneficial interest, vested or contingent, in the estate of that person; or\n\t(b)\taccept appointment, and act, as trustee or co-trustee under and in pursuance of any trust where the trust property is not vested in the Trust by, or pursuant to, this Act, and the trust is wholly or partly for the benefit of the Church,\nand may do all things necessary for the exercise or performance of its powers, authorities, duties or functions as executor, administrator or trustee, as the case may be.\n\t(2)\tOn behalf of the Trust, a member of the Trust or a person employed by the Trust may, if authorised by the Trust for the purpose, swear an affidavit, make a declaration or statement, give security and do any other act or thing that is, by any charter, Act or rule of court, required to be done by a person applying for or granted probate or letters of administration or administering a trust, as the case may be.\n\t(3)\tThe Trust may—\n\t(a)\trenounce executorship;\n\t(b)\tdecline to act as administrator of an estate;\n\t(c)\tretire, or decline to act, as trustee of property (not being property vested in it by or pursuant to this Act).\n\t(4)\tAny commission or other remuneration earned by the Trust as an executor, administrator or trustee appointed under the authority of this section shall belong to the Trust and shall be used and applied by it for or towards any object or purpose specified or approved by the Assembly in respect thereof.\n38—Trust may hold property jointly\nThe Trust may hold or acquire any real or personal property either alone or jointly with another or others as joint tenants or tenants-in-common.\n39—Regulations\n\t(1)\tThe Assembly may make regulations for the control, management and administration of, and dealings with, the property of the Trust.\n\t(2)\tA certificate signed by the President or Secretary for the time being of the Assembly or by the Moderator or Secretary for the time being of the Synod that specifies in the certificate or an annexure thereto the form of a regulation under subsection (1) of this section and in force on a day specified in the certificate shall be conclusive evidence that the regulation was in force in that form on that day.\n\t(3)\tA regulation under subsection (1) of this section may from time to time be rescinded, revoked, altered or varied by the Assembly but no such rescission, revocation, alteration or variation shall take effect unless it is approved in the same manner as a regulation.\n\t(4)\tSection 38 of the Acts Interpretation Act 1956 does not apply to regulations made under this section.\n40—Co-operative use of property\n\t(1)\tWhere it has been decided in accordance with the laws of the Church to enter into a scheme of co-operation with or involving a church of another denomination or any congregation or activity of such a church, being a scheme that involves the use of property vested in the Trust, the Trust may, while the scheme of co-operation continues in force, permit that property to be used, managed and administered in connection with that scheme in such manner and upon such conditions as the Synod, or any committee appointed by it for the purpose, determines or prescribes, and the proceeds of sale or mortgage or any other dealing with such property and all moneys collected or held in respect of such scheme of co-operation may be paid and applied in such manner as may be determined or prescribed by the Synod or such committee.\n\t(2)\tThe conditions that the Synod may determine or prescribe under subsection (1) of this section may include conditions with respect to the making of contributions of money for the acquisition, construction, alteration, maintenance or repair of assets vested in or held on behalf of a co-operating church or congregation and the giving or taking of such security or charge as may be prescribed by any such scheme or co-operation over any property in respect of any contributions of money or in money's worth made or received pursuant to that scheme and any property of the Trust involved in any scheme is, to the extent prescribed therein, hereby charged.\n\t(3)\tNeither the Registrar-General nor any person dealing bona fide and for value with any property vested in the Trust shall be bound to enquire whether any security or charge referred to in subsection (2) of this section exists or be deemed to have notice thereof or be bound thereby by virtue only of this Act or the existence of any scheme of co-operation under this section and—\n\t(a)\ta conveyance, transfer or other assurance to such a person shall operate as a discharge of any security or charge so referred to, in so far as the property conveyed, transferred or assured would, but for this subsection, be subject thereto; and\n\t(b)\ta mortgage or charge in favour of such a person shall have priority over any security or charge so referred to that affects the property mortgaged or charged in favour of that person.\n41—Saving provision\n\t(1)\tThe provisions of section 40 of this Act shall apply to and in relation to all property at any time held by the Trust except to the extent that any such property is held subject to any express trust expressly forbidding its use in any manner referred to in that section.\n\t(2)\tSubsection (1) of this section shall not prevent the use of property in a manner referred to in section 40 of this Act if the property was merely directed to be held on trust for the worship or other purposes of the Church.\n42—Power of Synod to alter trusts\n\t(1)\tSubject to subsection (2) of this section, in every case where by reason of the circumstances subsequent to the creation of the trusts, including trusts declared under this section, to which any property vested in the Trust is for the time being subject, it has in the opinion of the Synod become impossible or inexpedient to carry out or observe such trusts, it shall be lawful for the Synod by resolution to declare such its opinion, and by the same or any subsequent resolution to declare other trusts for or for the use, benefit, or purpose of the Church instead of such first mentioned trusts, and such first mentioned trusts shall thereupon by force of the said resolution cease and determine, and such property shall thereupon be held upon such other trusts accordingly.\n\t(2)\tSuch property shall be dealt with for the same purposes as nearly as may be as the purposes for which such property was immediately before such resolution held unless the Synod shall by resolution declare that by reason of circumstances subsequent to the creation of the first mentioned trusts it is, in the opinion of the Synod, impossible or inexpedient to deal with or apply such property or some part thereof for the same or the like purposes, in which case such property or such part thereof may be dealt with and applied for the use and benefit of the Church for such other purposes as shall be declared by resolution of the Synod.\n43—Indemnifications of certain persons\nA member of the Trust, and any other person, exercising a power or performing a duty pursuant to this Act or pursuant to any resolution or direction of the Assembly, his executors and administrators, shall be entitled to be indemnified out of the property of the Trust against all expenses or liabilities incurred by him in connection with the exercise by him of the power and the performance by him of the duty unless incurred in the course of fraudulent or negligent breach of trust.\n44—Blending of Trust Funds\n\t(1)\tWhere the Trust holds moneys on trust for different purposes or activities it shall be lawful for the Trust from time to time to invest such moneys or any part or parts thereof as one fund and to distribute income arising therefrom rateably among the several purposes for which the moneys so invested are held and any loss arising from any such investment shall likewise be borne rateably.\n\t(2)\t—\n\t(a)\tThe Trust may make advances out of the moneys referred to in subsection (1) of this section for any purpose of or relating to the Church.\n\t(b)\tAny sum so advanced shall be deemed an investment of such moneys and shall bear interest at a rate fixed by the Trust and the sum advanced and the interest thereon shall be deemed to be a charge on the assets of the Church.\n45—Powers of investment\nThe Trust unless expressly forbidden by any instrument creating any special trust, may invest any funds in its hands, whether at the time in a state of investment or not, in any form of investment authorised by statute or by the Assembly either by itself or by delegation to the Synod.\nSchedule 1—The Basis of Union\n1\tThe Congregational Union of Australia, the Methodist Church of Australasia and the Presbyterian Church of Australia, in fellowship with the whole Church Catholic, and seeking to bear witness to that unity which is both Christ's gift and his will for the Church, hereby enter into union under the name of The Uniting Church in Australia. They pray that this act may be to the glory of God the Father, the Son and the Holy Spirit. They praise God for his gifts of grace to each of them in years past; they acknowledge that none of them has responded to God's love with a full obedience; they look for a continuing renewal in which God will use their common worship, witness and service to set forth the word of salvation for all mankind. To this end they declare their readiness to go forward together in sole loyalty to Christ the living Head of the Church; they remain open to constant reform under his Word; and they seek a wider unity in the power of the Holy Spirit. In this union these Churches commit their members to acknowledge one another in love and joy as believers in our Lord Jesus Christ, to hear anew the commission of the Risen Lord to make disciples of all nations, and daily to seek to obey his will. In entering into this union the Churches concerned are mindful that the Church of God is committed to serve the world for which Christ died, and that she awaits with hope the day of the Lord Jesus Christ on which it will be clear that the kingdom of this world has become the kingdom of our Lord and of his Christ, and he shall reign for ever and ever.\n2\tThe Uniting Church lives and works within the faith and unity of the One Holy Catholic and Apostolic Church. She recognises that she is related to other Churches in ways which give expression, however partially, to that unity in faith and mission. Recalling the Ecumenical Councils of the early centuries, she looks forward to a time when the faith will be further elucidated, and the Church's unity expressed, in similar Councils. She thankfully acknowledges that the uniting Churches were members of the World Council of Churches and other ecumenical bodies, and she will seek to maintain such membership. She remembers the special relationship which obtained between the several uniting Churches and other Churches of similar traditions, and will continue to learn from their witness and be strengthened by their fellowship. She is encouraged by the existence of United Churches in which these and other traditions have been incorporated, and wishes to learn from their experience. She believes that Christians in Australia are called to bear witness to a unity of faith and life in Christ which transcends cultural and economic, national and racial boundaries, and to this end she commits herself to seek special relationships with Churches in Asia and the Pacific. She declares her desire to enter more deeply into the faith and mission of the Church in Australia, by working together and seeking union with other Churches.\n3\tThe Uniting Church acknowledges that the faith and unity of the Holy Catholic and Apostolic Church are built upon the one Lord Jesus Christ. The Church preaches Christ the risen crucified One and confesses him as Lord to the glory of God the Father. In Jesus Christ God was reconciling the world to himself. In love for the world, God gave his Son to take away the world's sin.\nJesus of Nazareth announced the sovereign grace of God whereby the poor in spirit could receive the Father's love. He himself, in his life and death, made the response of humility, obedience and trust which God had long sought in vain. In raising him to live and reign, God confirmed and completed the witness which Jesus bore to him on earth, he reasserted his claim over the whole of his creation, he pardoned sinners, and made in Jesus a representative beginning of a new order of righteousness and love. To God in Christ men are called to respond in faith. To this end God has sent forth his Spirit that men may trust him as their Father, and acknowledge Jesus as Lord. The whole work of man's salvation is effected by the sovereign grace of God alone.\nThe Church as the fellowship of the Holy Spirit confesses Jesus as Lord over her own life, she also confesses that he is Head over all things, the beginning of a new creation, of a new mankind. God in Christ has given to men in the Church the Holy Spirit as a pledge and foretaste of that coming reconciliation and renewal which is the end in view for the whole creation. The Church's call is to serve that end: to be a fellowship of reconciliation, a body within which the diverse gifts of its members are used for the building up of the whole, an instrument through which Christ may work and bear witness to himself. The Church lives between the time of Christ's death and resurrection and the final consummation of all things which he will bring; she is a pilgrim people, always on the way towards a promised goal; here she does not have a continuing city but seeks one to come. On the way Christ feeds her with Word and Sacraments, and she has the gift of the Spirit in order that she may not lose the way.\n4\tThe Uniting Church acknowledges that the Church is able to live and endure through changes of history only because her Lord comes, addresses, and deals with men in and through the news of his completed work. Christ who is present when he is preached among men is the Word of the God who acquits the guilty, who gives life to the dead and who brings into being what otherwise could not exist. Through human witness in word and action, and in the power of the Holy Spirit, Christ reaches out to command men's attention and awaken their faith; he calls them into the fellowship of his sufferings, to be the disciples of a crucified Lord; in his own strange way he constitutes, rules and renews them as his Church.\n5\tThe Uniting Church acknowledges that the Church has received the books of the Old and New Testaments as unique prophetic and apostolic testimony, in which she hears the Word of God and by which her faith and obedience are nourished and regulated. When the Church preaches Jesus Christ, her message is controlled by the Biblical witnesses. The Word of God on whom man's salvation depends is to be heard and known from Scripture appropriated in the worshipping and witnessing life of the Church. The Uniting Church lays upon her members the serious duty of reading the Scriptures, commits her ministers to preach from these and to administer the sacraments of Baptism and the Lord's Supper as effective signs of the Gospel as set forth in the Scriptures.\n6\tThe Uniting Church acknowledges that Christ has commanded his Church to proclaim the Gospel both in words and in the two visible acts of Baptism and the Lord's Supper. He himself acts in and through everything that the Church does in obedience to his commandment: it is he who by the gift of the Spirit confers upon men the forgiveness, the fellowship, the new life and the freedom which the proclamation and actions promise; and it is he who awakens, purifies and advances in men the faith and hope in which alone such benefits can be accepted.\n7\tThe Uniting Church acknowledges that Christ incorporates men into his body by Baptism. In this way he enables them to participate in his own baptism, which was accomplished once on behalf of all in his death and burial, and which was made available to all when, risen and ascended, he poured out the Holy Spirit at Pentecost. Baptism into Christ's Body initiates men into his life and mission in the world, so that they are united in one fellowship of love, service, suffering and joy, in one family of the Father of all in heaven and earth, and in the power of the one Spirit. The Uniting Church will baptise those who confess the Christian faith, and children who are presented for baptism and for whose instruction and nourishment in the faith the Church takes responsibility.\n8\tThe Uniting Church acknowledges that Christ signifies and seals his continuing presence with his people in the Lord's Supper or the Holy Communion, constantly repeated in the life of the Church. In this sacrament of his broken body and outpoured blood the risen Lord feeds his baptised people on their way to the final inheritance of the Kingdom. Thus the people of God, through faith and the gift and power of the Holy Spirit, have communion with their Saviour, make their sacrifice of praise and thanksgiving, proclaim the Lord's death, grow together into Christ, are strengthened for their participation in the mission of Christ in the world, and rejoice in the foretaste of the Kingdom which he will bring to consummation.\n9\tThe Uniting Church enters into unity with the Church throughout the ages by her use of the confessions known as the Apostles' Creed and the Nicene Creed. She receives these as authoritative statements of the Catholic Faith, framed in the language of their day and used by Christians in many days, to declare and to guard the right understanding of that faith. She commits her ministers and instructors to careful study of these creeds and to the discipline of interpreting their teaching in a later age. She commends to ministers and congregations their use for instruction in the faith, and their use in worship as acts of allegiance to the Holy Trinity.\n10\tThe Uniting Church continues to learn of the teaching of the Holy Scriptures in the obedience and freedom of faith, and in the power of the promised gift of the Holy Spirit, from the witness of reformation fathers as expressed in various ways in the Scots Confession of Faith (1560), the Heidelberg Catechism (1563), the Westminster Confession of Faith (1647), and the Savoy Declaration (1658). In like manner she will listen to the preaching of John Wesley in his Forty-Four Sermons (1793). She will commit her ministers and instructors to study these statements, so that the congregation of Christ's people may again and again be reminded of the grace which justifies them through faith, of the centrality of the person and work of Christ the justifier, and of the need for a constant appeal to Holy Scripture.\n11\tThe Uniting Church acknowledges that God has never left his Church without faithful and scholarly interpreters of Scripture, or without those who have reflected deeply upon, and acted trustingly in obedience to, his living Word. In particular she enters into the inheritance of literary, historical and scientific inquiry which has characterised recent centuries, and thanks God for the knowledge of his ways with men which are open to an informed faith. She lives within a world-wide fellowship of Churches in which she will learn to sharpen her understanding of the will and purpose of God by contact with contemporary thought. Within that fellowship she also stands in relation to contemporary societies in ways which will help her to understand her own nature and mission. She thanks God for the continuing witness and service of evangelist, of scholar, of prophet and of martyr. She prays that she may be ready when occasion demands to confess her Lord in fresh words and deeds.\n12\tThe Uniting Church recognises and accepts as her members all who are recognised as members of the uniting Churches at the time of union. Thereafter membership is open to all who are baptised into the Holy Catholic Church in the name of the Father and of the Son and of the Holy Spirit. The Uniting Church will seek ways in which the baptised may have confirmed to them the promises of God, and be led to deeper commitment to the faith and service into which they have been baptised. To this end she commits herself to undertake, with other Christians, to explore and develop the relation of baptism to confirmation and to participation in the Holy Communion.\n13\tThe Uniting Church affirms that every member of the Church is engaged to confess the faith of Christ crucified and to be his faithful servant. She acknowledges with thanksgiving that the one Spirit has endowed the members of his Church with a diversity of gifts, and that there is no gift without its corresponding service: all ministries have a part in the ministry of Christ. The Uniting Church, at the time of union, will recognise and accept the ministries of those who have been called to any task or responsibility in the uniting Churches. The Uniting Church will thereafter provide for the exercise by men and women of the gifts God bestows upon them, and will order her life in response to his call to enter more fully into her mission.\n14\tThe Uniting Church from inception, will seek the guidance of the Holy Spirit to recognise among her members men and women called of God to preach the Gospel, to lead the people in worship, to care for the flock, to share in government and to serve those in need in the world.\nTo this end—\n\t(a)\tThe Uniting Church recognises and accepts as ministers of the Word all who have held such office in any of the uniting Churches, and who, being in good standing in one of those Churches at the time of union, adhere to the Basis of Union. This adherence and acceptance may take place at the time of union or at a later date. Since the Church lives by the power of the Word, she is assured that God, who has never left himself without witness to that Word, will, through Christ and in the power of the Holy Spirit, call and set apart members of the Church to be ministers of the Word. These will preach the Gospel, administer the sacraments and exercise pastoral care so that all may be equipped for their particular ministries, thus maintaining the apostolic witness to Christ in the Church. Such members will be called Ministers and their setting apart will be known as Ordination.\nThe Presbytery will ordain by prayer and the laying on of hands in the presence of a worshipping congregation. In this act of ordination the Church praises the ascended Christ for conferring gifts upon men. She recognises his call of the individual to be his minister; she prays for the enabling power of the Holy Spirit to equip him for that service. By the participation in the act of ordination of those already ordained, the Church bears witness to God's faithfulness and declares the hope by which she lives. In company with other Christians The Uniting Church will seek for a renewed understanding of the way in which the congregation participates in ordination, and of the significance of ordination in the life of the Church.\n\t(b)\tThe Uniting Church recognises and accepts as elders or leaders those who at the time of union hold the office of elder, deacon or leader appointed to exercise spiritual oversight, and who, being in good standing in any of the uniting Churches at the time of union, adhere to the Basis of Union. She will seek to recognise in the congregation those endowed by the Spirit with gifts fitting them for rule and oversight. Such members will be called Elders or Leaders.\n\t(c)\tThe Uniting Church recognises and accepts as deaconesses those who at the time of union are deaconesses in good standing in any of the uniting Churches and who adhere to the Basis of Union. She believes that the Holy Spirit will continue to call women to share in this way in the varied services and witness of the Church, and she will make provision for this. Such members will be called Deaconesses.\nThe Uniting Church recognises that at the time of union many seek a renewal of the diaconate in which men and women offer their time and talents, representatively and on behalf of God's people, in the service of mankind in the face of changing needs. She will so order her life that she remains open to the possibility that God may call men and women into such a renewed diaconate: in these circumstances she may decide to call them Deacons and Deaconesses whether the service is within or beyond the life of the congregation.\n\t(d)\tThe Uniting Church recognises and accepts as lay preachers those who at the time of union are accredited lay preachers (local preachers) in any of the uniting Churches and who adhere to the Basis of Union. She will seek to recognise those endowed with the gift of the Spirit for this task, will provide for their training, and will gladly wait upon that fuller understanding of the obedience of the Christian man which should flow from their Ministry. Such members will be called Lay Preachers.\nIn the above subparagraphs the phrase \"adhere to the Basis of Union\" is understood as willingness to live and work within the faith and unity of the One Holy Catholic and Apostolic Church as that way is described in this Basis. Such adherence allows for difference of opinion in matters which do not enter into the substance of the faith.\nThe Uniting Church recognises that the type and duration of ministries to which men and women are called vary from time to time and place to place, and that in particular she comes into being in a period of reconsideration of traditional forms of the ministry and of renewed participation of all the people of God in the preaching of the Word, the administration of the sacraments, the building up of the fellowship in mutual love, in commitment to Christ's mission, and in service of the world for which he died.\n15\tThe Uniting Church recognises that responsibility for government in the Church belongs to the people of God by virtue of the gifts and tasks which God has laid upon them. The Uniting Church therefore so organises her life that locally, regionally and nationally government will be entrusted to representatives, men and women, bearing the gifts and graces with which God has endowed them for the building up of his Church. The Uniting Church is governed by a series of inter-related councils, each of which has its tasks and responsibilities in relation both to the Church and the world.\nThe Uniting Church acknowledges that Christ alone is supreme in his Church, and that he may speak to her through any of her councils. It is the task of every council to wait upon God's Word, and to obey his will in the matters allocated to its oversight. Each council will recognise the limits of its own authority and give heed to other councils of the Church, so that the whole body of believers may be united by mutual submission in the service of the Gospel.\nTo this end The Uniting Church makes provision in her constitution for the following:\n\t(a)\tThe Congregation is the embodiment in one place of the One Holy Catholic and Apostolic Church worshipping, witnessing and serving as a fellowship of the Spirit in Christ. Its members meet regularly to hear God's Word, to celebrate the sacraments, to build one another up in love, to share in the wider responsibilities of the Church and to serve the world. The Congregation will recognise the need for a diversity of agencies for the better ordering of her life in such matters as education, administration and finance.\n\t(b)\tThe Elders' or Leaders' Meeting (the council within a congregation or group of congregations) consists of the minister and those who are called to share with him in oversight. It is responsible for building up the congregation in faith and love, sustaining its members in hope, and leading them into a fuller participation in Christ's mission in the world.\n\t(c)\tThe Presbytery (the district council) consists of such ministers, elders/leaders and other Church members as are appointed thereto, the majority of elders/leaders and Church members being appointed by Elders'/Leaders' Meetings and/or congregations, on a basis determined by the Synod. Its function is to perform all the acts of oversight necessary to the life and mission of the Church in the area for which it is responsible, except over those agencies which are directly responsible to the Synod or Assembly. It will in particular exercise oversight over the congregations within its bounds, encouraging them to strengthen one another's faith, to bear one another's burdens, and exhorting them to fulfil their high calling in Christ Jesus. It will promote those wider aspects of the work of the Church committed to it by the Synod or Assembly.\n\t(d)\tThe Synod (the regional council) consists of such ministers, elders/leaders and other Church members as are appointed thereto, the majority being appointed by Presbyteries, Elders'/Leaders' Meetings or congregations, on a basis determined by the Assembly. It has responsibility for the general oversight, direction and administration of the Church's worship, witness and service in the region allotted to it, with such powers and authorities as may from time to time be determined by the Assembly.\n\t(e)\tThe Assembly (the national council) consists of such ministers, elders/leaders and other Church members as are appointed thereto, the majority being appointed by the Presbyteries and Synods. It has determining responsibility for matters of doctrine, worship, government and discipline, including the promotion of the Church's mission, the establishment of standards of theological training and reception of ministers from other communions, and the taking of further measures towards the wider union of the Church. It makes the guiding decisions on the tasks and authority to be exercised by other councils. It is obligatory for it to seek the concurrence of other councils, and on occasion of the congregations of the Church, on matters of vital importance to the life of the Church.\nThe first Assembly, however, will consist of members of the uniting Churches, appointed in equal numbers by them in such manner as they may determine, and is vested with such powers as may be necessary to establish The Uniting Church according to the provisions of the Basis of Union.\nUntil such time as councils other than the Assembly can be established, The Uniting Church recognises and accepts the various agencies for the discharge of responsibility which are in existence in the uniting Churches. She invites any such continuing bodies immediately to enter into a period of self-examination in which members are asked to consider afresh their common commitment to the Church's mission, and their demonstration of her unity. She prays that God will enable them to order their lives for these purposes.\n16\tThe Uniting Church recognises the responsibility and freedom which belongs to councils to acknowledge gifts among members for the fulfilment of particular functions. She sees in pastoral care exercised personally on behalf of the Church an expression of the fact that God always deals with men personally: he would have his fatherly care known among men; he would have individual members take upon themselves the form of a servant.\n17\tThe Uniting Church acknowledges that the demand of the Gospel, the response of the Church to the Gospel, and the discipline which it requires are partly expressed in the formulation by the Church of her law. The aim of such law is to confess God's will for the life of his Church; but since law is received by man and framed by him, it is always subject to revision in order that it may better serve the Gospel. The Uniting Church will keep her law under constant review so that her life may increasingly be directed to the service of God and man, and her worship to a true and faithful setting forth of, and response to, the Gospel of Christ. The law of the Church will speak of the free obedience of the children of God, and will look to the final reconciliation of mankind under God's sovereign grace.\n18\tThe Uniting Church affirms that she belongs to the people of God on the way to the promised end. She prays God that, through the gift of the Spirit, he will constantly correct that which is erroneous in her life, will bring her into deeper unity with other Churches, and will use her worship, witness and service to his eternal glory through Jesus Christ the Lord. Amen\nSchedule 4\nPrescribed Congregational Associations\nCongregational Chapel Building Society of South Australia Incorporated\nCongregational Union of South Australia Incorporated\nAngaston Congregational Church Incorporated\nBordertown Congregational Church Incorporated\nClayton Independent Church Incorporated\nThe Gawler Congregational Church Incorporated\nThompson Memorial Congregational Church Incorporated\nGlenelg Congregational Church Incorporated\nThe Trinity Independent Church Incorporated\nHenley Beach Congregational Church Incorporated\nHindmarsh Congregational Church Incorporated\nHoughton Congregational Church Incorporated\nThe Kapunda Congregational Church Incorporated\nVardon Memorial Congregational Church Incorporated\nMilang Congregational Church Incorporated\nNorth Adelaide Congregational Church Incorporated\nOttoway Congregational Church Incorporated\nPort Adelaide Congregational Church Incorporated\nThe Port Elliot Congregational Church Incorporated\nPort Pirie Congregational Church Incorporated\nRose Park Congregational Church Incorporated\nSandy Creek Congregational Church Incorporated\nTruro Congregational Church Incorporated\nStow Memorial Church Incorporated\nManthorpe Memorial Congregational Church Incorporated\nNewland Memorial Congregational Church Incorporated\nPrescribed Presbyterian Associations\nScots Church Adelaide Inc.\nWoodville Presbyterian Church Inc.\nClare Presbyterian Church Inc.\nThe Goodwood Presbyterian Church Inc.\nThe Port Adelaide Presbyterian Church Incorporated\nSaint Andrews Presbyterian Church Wallaroo Incorporated\nSaint Andrews Presbyterian Church Mount Gambier Incorporated\nCowandilla Presbyterian Church Inc.\nFinchley Park Presbyterian Church Inc.\nClearview Presbyterian Church Inc.\nPlympton Park Presbyterian Church Inc.\nSaint Andrews Presbyterian Church Unley Incorporated\nGlencoe Presbyterian Church Inc.\nHawthorn Presbyterian Church Inc.\nSeacliff Presbyterian Church Inc.\nHart Presbyterian Church Inc.\nBlack Forest Presbyterian Church Inc.\nElizabeth Presbyterian Church Inc.\nPresbyterian Church of St. Peters Inc.\nThe General Assembly of the Presbyterian Church of South Australia Inc.\nThe Presbyterian Church Development Fund Inc.\nThe Presbyterian Church Development Fund (No. 2) Inc.\nThe Presbyterian Fellowship of Australia in South Australia Inc.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe The Uniting Church in Australia Act 1977 repealed the following:\nMethodist Church (S.A.) Property Trust Act 1972\nThe Methodist Church Act 1911\nWay College Incorporation Act 1899\nLegislation amended by principal Act\nThe The Uniting Church in Australia Act 1977 amended the following:\nPrince Alfred College Incorporation Act 1878\nMethodist Ladies College Incorporation Act 1920\nThe Parkin Congregational Mission of South Australia Incorporated Act 1968\nThe Parkin Trust Incorporated Act 1926\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1977\n8\nThe Uniting Church in Australia Act 1977 \n28.4.1977\n22.6.1977 (Gazette 16.6.1977 p1708)\n2015\n7\nThe Uniting Church in Australia (Membership of Trust) Amendment Act 2015\n11.6.2015\n11.6.2015\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nss 2—4\nomitted under Legislation Revision and Publication Act 2002\n11.6.2015\nPt 3\n\n\ns 11\n\n\ns 11(3)\namended by 7/2015 s 3(1)\n11.6.2015\ns 11(4)\ndeleted by 7/2015 s 3(2)\n11.6.2015\nSchs 2 and 3\nomitted under Legislation Revision and Publication Act 2002\n11.6.2015\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the 1977 church union and managing the property transition. While it contains detailed provisions for specific trusts and institutions, these are directly incidental to the core purpose of property transfer and trust management. The 2015 amendment was minor (adjusting Trust membership terms), not an expansion of scope."},"complexity_factors":["Multiple overlapping definitions of church entities (e.g., 'the Church', 'the Uniting Churches', 'the Presbyterian Church continuing to function after the appointed day') requiring careful parsing","Extensive cross-referencing to other Acts: Presbyterian Trusts Act 1971, Methodist Church (S.A.) Property Trust Act 1972, Associations Incorporation Act 1956, and specific Crown grants","Conditional vesting provisions with multiple exceptions and savings clauses (sections 19-21) protecting specific institutions (Scotch College, Annesley College, Prince Alfred College, specific cemetery trusts)","Specific land title references embedded in the legislation (Certificate of Title Register Book Volume/Folio numbers) creating highly specific conveyancing rules","Retroactive alteration of private wills (section 23) and specific charitable trusts (section 22) rather than general principles","Nested exceptions: section 21(3) defers to the Presbyterian Trusts Act 1971, which itself has complex Schedule provisions","Dual governance structure: Act creates both the Church (religious body) and the Trust (property-holding corporation) with interlocking but distinct powers","21 defined terms in the interpretation section, several incorporating external documents (Basis of Union, Scheme of Union of 1901)","Transitional provisions dealing with incorporated associations that may automatically dissolve (section 27) and complex rules for altering their rules (section 28)"],"plain_english_summary":"**What this law does:**\n\nThis Act created **The Uniting Church in Australia** by merging three Christian denominations in South Australia—the Methodist Church, the Congregational Church, and most of the Presbyterian Church—into a single new church. It also established a legal body called **The Uniting Church in Australia Property Trust (S.A.)** to hold and manage all the property (churches, halls, land, money) that previously belonged to the three merging churches.\n\n**Who it affects:**\n\n*   **The three \"Uniting Churches\"** (Methodist, Congregational, and participating Presbyterian congregations) — their assets automatically transferred to the new Property Trust on the \"appointed day\" (when the Act took effect).\n*   **The Property Trust** — an eight-member board (including the Moderator, Secretary, and Property Officer of the South Australian Synod, plus five others appointed by the Synod) that now legally owns and manages the church's property.\n*   **Individual congregations** — their land and buildings moved from old trusts and associations into the new Trust.\n*   **Presbyterian churches that chose NOT to join** — specifically protected; their property stays with them and is not touched by this Act.\n*   **Donors and will-makers** — gifts left to the old churches are now treated as gifts to the new Uniting Church.\n\n**Key practical effects:**\n\n*   **Automatic transfer of property:** Without needing any paperwork or sales, all property held for the Methodist Church and listed Congregational associations instantly vested in the new Trust. Specific land titles are even listed in the Act itself.\n*   **Protection of existing trusts:** Special trusts (for specific purposes like a particular ministry or scholarship) remain in place. The Act only overrides general-purpose trusts.\n*   **Specific will changes:** The Act rewrites a specific clause in the will of J.H. Champness (a grazier who died in 1924) to redirect his bequest from \"Methodist Brighton College\" to supporting theological students through the Uniting Church's Synod.\n*   **R.H. White Settlement:** A specific charitable trust is transferred to the new Trust but its purpose is changed to \"promotion of Bible studies\" and other religious/educational purposes directed by the Synod.\n*   **Co-operation with other denominations:** The Trust can allow Uniting Church property to be used jointly with other churches (like Anglican or Catholic churches) under approved schemes.\n*   **Power to change trusts:** If a trust becomes impossible or impractical to fulfill (for example, a trust for a church building that no longer exists), the Synod can redirect the money to similar purposes or general church use.\n\n**Why it matters:**\n\nThis Act solved a massive legal headache—how to combine three separate religious organisations with millions of dollars in property, thousands of individual trusts, and different governance structures into one legal entity without requiring every congregation to transfer deeds individually. It provided a \"one-stop\" legal mechanism for the biggest church merger in Australian history, while carefully protecting the rights of Presbyterian congregations that chose to remain separate and preserving specific charitable obligations."},"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act’s core scope — to implement the denominational union and to centralise, vest and manage church property through a state Trust — remains the same as its original purpose. Subsequent amendments (notably the 2015 amendment adjusting membership/appointment provisions in s 11 and removal of obsolete clauses) altered governance detail and tidied the text but did not expand the Act beyond its original property‑vesting and church‑union objectives. The Act continues to (a) vest property in the Trust, (b) preserve donor‑specified trusts while freeing many former \"use\" trusts for broader Church use, and (c) allocate decision authority to the Synod and Assembly as originally intended."},"complexity_factors":["Extensive cross‑references to other statutes (Presbyterian Trusts Act 1971; The Presbyterian Church of South Australia Act; Methodist Church (S.A.) Property Trust Act 1972) — see s 21 and s 19","Multiple defined terms in interpretation (s 5) including hierarchical institutional terms (Assembly, Synod, Trust, Uniting Churches)","Automatic vesting rules with many exceptions and saving clauses (s 21 with subsections (1)–(7); s 19)","Special‑case amendments of historic instruments and wills (ss 22–24) creating bespoke rules","Delegated discretion to Synod and Assembly to resolve ambiguities and alter trusts (ss 25, 39, 42) — creates conditional legal outcomes","Schedule lists (Schedule 1 Basis of Union; Schedule 4 named associations) and incorporated association provisions (ss 26–28) increasing factual specificity","Procedural rules for Trust composition, appointment, seal, execution and quorum that interact (ss 11–18) — some provisions amended by later Act (2015)","Registration, evidence and exemption rules simplifying formalities but introducing caveats (ss 30, 32, 35)","Blending of funds and internal charging/advances rules that alter fiduciary accounting (s 44)","Several nested exceptions (eg preservation of \"special trusts\" s 21(5) vs general freeing of use trusts s 21(4); savings in s 19)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Constitutes a corporate property trustee. Section 11 creates The Uniting Church in Australia Property Trust (S.A.) (\"the Trust\") as a legal corporation with eight members, including three ex‑officio officers (Moderator, Secretary and Property Officer of the Synod) and other members appointed by the Synod (s 11). The Trust has a common seal, perpetual succession and may sue and be sued in its corporate name (s 12(1)).\n\n- Moves existing church property into the new Trust automatically. Large classes of property that, immediately before the appointed day, were held for the Methodist, Congregational or Presbyterian Churches are divested from the former trustees and vested in the Trust by operation of law (s 21). That vesting is \"without conveyance\" (no transfer documents needed) and the Trust holds the property under this Act.\n\n- Simplifies land registration and tax/formalities. The Registrar‑General must register the Trust as proprietor on production of the Trust's certificate (s 32(1)) and no fee or stamp duty is payable for that registration (s 32(1)–(2)).\n\n- Re‑interprets new gifts, bequests and instruments in favour of the old uniting churches as being in favour of the Trust or the Uniting Church (s 24). It also preserves and substitutes certain specific bequests or trust arrangements (eg the Champness will alteration in s 23 and the R.H. White Settlement changes in s 22).\n\n- Frees many previously dedicated church properties from their old \"use\" trusts for worship, manse or hall, so they can be used or dealt with under the Trust for the Church more broadly (s 21(4)), while expressly preserving \"special trusts\" such as donor‑specified trusts and resulting trusts (s 21(5)).\n\n- Gives broad fiduciary and property powers to the Trust: acquire, hold, deal with, encumber, borrow and invest property; act as executor or trustee; hold property jointly; make compensation claims for compulsory acquisition; and blend funds for investment (ss 12, 33, 34, 37, 38, 44, 45).\n\n- Gives controlling institutional bodies decision authority. The Assembly (national council) can give directions about exercise of the Trust's powers (s 12(4)); the Synod (state/regional council) appoints Trust members, resolves ambiguities about references to \"Uniting Churches\" (s 25), may accept property from incorporated associations (s 26), and may, where trusts have become impossible or inexpedient, alter trusts by Synod resolution (s 42).\n\n- Protects third‑party purchasers and registries from inquiry. Persons dealing in good faith with the Trust are not obliged to question the Trust's internal authorisations (s 35). Certificates under the Trust's common seal are prima facie evidence of its holding for the Church (s 30), subject to disputes with the continuing Presbyterian Church (s 30(2)).\n\n- Contains specific exclusions and saving clauses. Certain institutions and donor trusts are preserved from automatic vesting (s 19), and the Act declares it will not operate over some historic gifts except where the Church otherwise becomes entitled (s 20).\n\n- Enables cooperative use with other denominations and prescribes how proceeds and contributions are dealt with during such schemes (s 40).\n\n**Who is affected\n\n- Local congregations, state church bodies and incorporated church associations listed in Schedule 4: their real and personal property (land, buildings, funds) may be vested in the Trust (s 21, Sch 4).\n- Donors and named beneficiaries: donor‑specified or \"special\" trusts are preserved (s 21(5)), but many former \"use\" trusts for worship or manse are discharged (s 21(4)). Specific testamentary provisions named in the Act are altered as stated (ss 22–24).\n- The Synod and Assembly gain decisive administrative and interpretive powers over property and trusts (ss 12(4), 25, 39, 42).\n- Third‑party purchasers, mortgagees and registries are affected by the simplified registration and protections from inquiry (ss 32, 35).\n\n**Why it matters (official purpose and practical trade‑offs)\n\n- Official purpose: the Act mechanically implements the union of three Christian denominations into The Uniting Church in Australia and centralises ownership and administration of church property in a single state Trust. That is explicit in the short title and Part 2 (ss 1, 6–10) and in the Basis of Union (Sch 1).\n\n- Practical effects and trade‑offs: the Act transfers legal title and consolidates decision‑making over large amounts of property to a regional Trust and to church councils (Synod/Assembly). This reduces transactional friction (no conveyances; simplified registration and no stamp duty — s 32), and makes centralised financial management and investment easier (ss 44–45). Those are benefits for coordinated asset use and national/regional planning.\n\n- Costs, incentives and risks: centralisation changes who decides how property is used — the Synod and Assembly gain authority to alter or re‑apply trusts where they judge a trust impracticable (s 42) and to resolve ambiguities (s 25). That concentrates discretion in church governance bodies: local bodies may cede direct control of legal title, and donors or local beneficiaries may face changed management unless the trust is a preserved \"special trust\" (s 21(5)). There is explicit protection for donor‑specified trusts, but the Synod may still amend trusts where carrying out the original trust is impossible or inexpedient (s 42), which creates a mechanism for changing donor intent where Parliament permits.\n\n- Implementation and compliance risks: the Act depends on the Synod and Assembly to exercise delegated regulatory powers (s 39) and to resolve ambiguities (s 25). Ambiguity resolution and trust alterations are discretionary, so disputes may arise and litigation risk is reserved (s 30(2) excludes certain disputes from the certificate rule). Administrative burden shifts to the Trust for registering titles, managing blended funds and meeting indemnity and fiduciary duties.\n\n**Who pays and who decides (concrete allocation)**\n\n- Who pays: the transaction costs of centralising title and managing property fall on the Church's consolidated finances and, indirectly, on the congregations and entities whose property is vested. Tax and registration costs are reduced (no stamp duty, s 32). Potential opportunity costs arise if local uses are changed under Synod resolutions.\n- Who decides: the Assembly (national council) and the Synod (state council) have primary decision power over directions to the Trust, regulation of Trust property, and changes to trusts (ss 12(4), 39, 42). The Trust manages day‑to‑day property transactions subject to those directions (ss 12, 17–18). The Synod appoints most Trust members (s 11).\n\n**Concentrated benefits and diffuse costs**\n\n- Concentrated benefits: the Trust and central church bodies gain consolidated control and flexibility over property and investments.\n- Diffuse costs: local congregations, individual donors or minor beneficiary classes bear the risk that centrally made decisions will alter local property use or financial flows, except where the Act preserves donor‑specified trusts (s 21(5)).\n\n(References in parentheses are to the section numbers of the Act.)"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text was not available. The page returned a 404 error. Based on general knowledge, Acts of this type typically remain confined to their original purpose of church incorporation and property transfer, without significant scope creep over time."},"complexity_factors":["No actual legislative text was retrievable — only a website error page was provided","Analysis is based on general knowledge rather than specific provisions, preventing meaningful complexity assessment","Church incorporation and property transfer Acts of this era are typically straightforward and narrow in scope","The Act is likely largely historical in effect, with most property transfers long since completed"],"plain_english_summary":"The Uniting Church in Australia Act 1977 (SA) is a state law that historically gave legal recognition to the Uniting Church formed in 1977, enabling it to hold property, enter contracts and have its governance arrangements recognised, and providing for transfer of assets from the predecessor Methodist, Presbyterian and Congregational churches. It primarily affects Uniting Church members, administrators and anyone dealing with church property in South Australia.\n\nNote: the Act’s text was unavailable (404 error); this summary is based on general knowledge of comparable laws—retrieve the statute before relying on specifics."}},"importantCases":[],"_links":{"self":"/api/acts/the-uniting-church-in-australia-act-1977","history":"/api/acts/the-uniting-church-in-australia-act-1977/history","analysis":"/api/acts/the-uniting-church-in-australia-act-1977/analysis","conflicts":"/api/acts/the-uniting-church-in-australia-act-1977/conflicts","importantCases":"/api/acts/the-uniting-church-in-australia-act-1977/important-cases","documents":"/api/acts/the-uniting-church-in-australia-act-1977/documents"}}