{"id":"a-1977-15","name":"Uniting Church in Australia Act 1977","slug":"uniting-church-in-australia-act-1977","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"15 of 1977","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24405,"registerId":"act-a-1977-15-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Uniting Church in Australia Act 1977","content":"Australian Capital Territory\nUniting Church in Australia Act 1977\nA1977-15\nRepublication No 3\nEffective: 1 March 2012\nRepublication date: 1 March 2012\nLast amendment made by A2011-48\nNot all provisions are in force: see last endnote\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 Uniting Church in Australia Act 1977 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March\n2012. It also includes any commencement, amendment, repeal or expiry affecting this\nrepublished law to 1 March 2012.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $110 for\nan individual and $550 for a corporation (see Legislation Act 2001, s 133).\n\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUniting Church in Australia Act 1977\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n4 Definitions for Act 2\nPart 2 Establishment of the trust\n5 Establishment of trust 4\n6 Nature and powers of trust 4\n7 Constitution of trust 5\n8 Proceedings of trust 5\n9 Common seal 5\n10 Form and execution of contracts etc 5\nPart 3 Acquisition and vesting of trust property\n11 Vesting of property in trust 7\n12 Transfer of property to trust 9\n\nContents\nPage\ncontents 2 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Rights and liabilities of trust 10\nPart 4—Miscellaneous\n14 Acquisition etc of property 11\n15 Receipt for money 11\n16 Exoneration from inquiry 11\n17 Service of documents 12\n18 How trust may hold property 12\n19 Cooperative use of property 12\n20 Variation of trusts 14\n21 Trust to indemnify certain persons 14\n22 Dealing with trust funds 15\nSchedule 1 Basis of Union 16\nEndnotes\n1 About the endnotes 28\n2 Abbreviation key 28\n3 Legislation history 29\n4 Amendment history 31\n5 Earlier republications 32\n6 Uncommenced provision 32\n\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUniting Church in Australia Act 1977\nAn Act to establish The Uniting Church in Australia (Australian Capital\nTerritory) Property Trust, and for related purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Uniting Church in Australia Act 1977.\n4 Definitions for Act\nIn this Act:\nNote A definition applies except so far as the contrary intention appears (see\nLegislation Act 2001, s 155).\nAssembly means the Assembly of the Church referred to in\nparagraph 15 (e) of the Basis of Union and includes the first\nAssembly of the Church referred to in that paragraph.\nBasis of Union means the Basis of Union for the formation of the\nChurch, a copy of which is set out in schedule 1.\nChurch means The Uniting Church in Australia.\nCongregational Church means—\n(a) the Congregational Union of Australia; and\n(b) the Congregational Unions in each of the States of the\nCommonwealth; and\n(c) the individual Congregational Churches that have resolved to\nenter into union with the Methodist and Presbyterian Churches;\nand\n(d) any department, society, auxiliary, activity, fund, service,\ninstitution or interest of a Union referred to in paragraph (a) or\n(b) or of a Congregational Church referred to in paragraph (c).\nMethodist Church means the Methodist Church of Australasia,\nother than the Conferences of Fiji, Samoa and Tonga, and includes\nany congregation, circuit, department, society, auxiliary, activity,\n\nPreliminary Part 1\nSection 4\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nfund, service, institution or interest of the Methodist Church of\nAustralasia.\nPresbyterian Church means the Presbyterian Church of Australia.\nproperty means real and personal property and any estate or interest\nin real or personal property.\nSynod means the Synod of the Church for the State of New South\nWales, being a synod within the meaning of paragraph 15 (d) of the\nBasis of Union.\ntrust means The Uniting Church in Australia (Australian Capital\nTerritory) Property Trust established by section 5.\ntrust property means property vested in or acquired by the trust\nunder this Act.\n\nPart 2 Establishment of the trust\nSection 5\npage 4 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Establishment of the trust\n5 Establishment of trust\n(1) There shall be a trust by the name of The Uniting Church in\nAustralia (Australian Capital Territory) Property Trust.\n(2) Subject to section 11 (7), the trust shall hold trust property in trust\nfor the Church.\n(3) The trust shall hold, manage, administer and otherwise deal with\ntrust property in accordance with the directions and resolutions of\nthe Assembly.\n6 Nature and powers of trust\nThe trust—\n(a) is a body corporate with perpetual succession; and\n(b) shall have a common seal; and\n(c) may acquire, hold and dispose of or otherwise deal with real\nand personal property; and\n(d) may sue and be sued in its corporate name; and\n(e) may enter into contracts; and\n(f) may mortgage, charge or otherwise encumber any of its\nproperty; and\n(g) may borrow money for the trust; and\n(h) has, in addition to the powers expressly given to it by this Act,\nthe other powers necessary or convenient for the exercise of its\nfunctions under the Act.\n\nEstablishment of the trust Part 2\nSection 7\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Constitution of trust\nThe trust shall consist of the persons who, for the time being, hold\noffice as members of The Uniting Church in Australia Property\nTrust (N.S.W.), being the body corporate of that name constituted\nby the Uniting Church in Australia Act 1977 (NSW).\n8 Proceedings of trust\n(1) At a meeting of the trust, 3 members of the trust constitute a\nquorum.\n(2) Questions arising at a meeting of the trust shall be determined by a\nmajority of the votes of the members of the trust present and voting.\n(3) The method of calling meetings of the trust and the procedure to be\nfollowed at those meetings shall be as determined from time to time\nby the members of the trust.\n9 Common seal\n(1) The members of the trust may determine the form of the common\nseal of the trust.\n(2) The members of the trust shall have the custody of the common seal\nof the trust.\n(3) The common seal of the trust shall be attached to the documents or\nclasses of documents that the members of the trust determine.\n(4) The attaching of the common seal of the trust shall be attested by\nnot less than 2 members of the trust.\n10 Form and execution of contracts etc\n(1) An instrument that, if made by an individual, would be by law\nrequired to be in writing under seal may be made on behalf of the\ntrust in writing under the common seal of the trust.\n\nPart 2 Establishment of the trust\nSection 10\npage 6 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A contract that, if made between individuals, would be by law\nrequired to be in writing signed by the parties to be charged may be\nmade on behalf of the trust in writing signed by a person acting\nunder its authority express or implied.\n(3) A contract that, if made between individuals, would by law be valid\nalthough made by parol only, and not reduced into writing, may be\nmade by parol on behalf of the trust by a person acting under its\nauthority express or implied.\n(4) A contract or other instrument relating to trust property entered into\nor signed on behalf of the trust shall, if it is entered into or signed in\naccordance with a resolution of the Synod, be deemed to have been\nentered into or signed with the express authority of the trust.\n(5) The trust may, by written notice under its common seal, empower a\nperson, in relation to a matter specified in the notice, as its agent or\nattorney to execute a deed on its behalf and a deed signed by the\nagent or attorney on behalf of the trust and under his or her seal\nbinds the trust and has the same effect as if it were under its\ncommon seal.\n\nAcquisition and vesting of trust property Part 3\nSection 11\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Acquisition and vesting of trust\nproperty\n11 Vesting of property in trust\n(1) The estate or interest of the Congregational Union of Australia\nCorporation in the land referred to in the following table is, by force\nof this section, divested from the corporation and, without any\ntransfer, vested in the trust.\nTable 1\ncolumn 1\nitem\ncolumn 2\nblock\ncolumn 3\nsection\ncolumn 4\ndivision\n1 22 City\n2 13 40 Melba\n3 1 39 Weetangera\nU (2) Any property, other than the property specified in the table in\nsubsection (1), that, immediately before the date of commencement\nof this subsection, was vested in the Congregational Union of\nAustralia Corporation is divested from that corporation and is,\nwithout any conveyance or transfer, vested in the trust.\n(3) Any property that, immediately before the date of commencement\nof this subsection, was vested in a person, other than the\nCongregational Union of Australia Corporation, in trust for the\nCongregational Church is divested from that person and is, without\nany conveyance or transfer, vested in the trust.\n(4) Any property that, immediately before the date of commencement\nof this subsection—\n(a) was vested in The Methodist Trust Association or the\nMethodist Church (N.S.W.) Property Trust; or\n\nPart 3 Acquisition and vesting of trust property\nSection 11\npage 8 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) was vested in any other person in trust for the Methodist\nChurch;\nis divested from that association or trust or other person in whom it\nwas so vested and is, without any conveyance or transfer, vested in\nthe trust.\n(5) Any property that, immediately before the date of commencement\nof this subsection—\n(a) was vested in the Presbyterian Church Trust (other than\nproperty to which the Presbyterian Church Act, section 4 or 6\napplies); or\n(b) was vested in any other person in trust for—\n(i) the Presbyterian Church; or\n(ii) a congregation, board or committee of management,\nsession, presbytery, committee, council, board or other\ninstitution, organisation or section of the Presbyterian\nChurch;\nis divested from the Presbyterian Church Trust or other person in\nwhom it was so vested and is, without any conveyance or transfer,\nvested in the trust.\n(6) If property is vested in the trust under this section, the property—\n(a) is, subject to subsection (7), freed and discharged from the\ntrusts on which it was held immediately before vesting in the\ntrust; and\n(b) shall be held, and may be dealt with, by the trust in accordance\nwith the provisions of this Act.\n(7) If, in relation to property vested in the trust by this section, there\nexisted in relation to the property, immediately before the property\nso vested—\n\nAcquisition and vesting of trust property Part 3\nSection 12\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(a) a special trust, a resulting trust, a trust in favour of a donor or a\ngeneral trust; or\n(b) a reservation, mortgage, charge, encumbrance, lien or lease;\nthe property shall be held by the trust subject to that special trust,\nresulting trust, trust in favour of a donor, general trust, reservation,\nmortgage, charge, encumbrance, lien or lease, as the case may be.\n(8) No attornment to the trust by a lessee of any land vested in the trust\nunder this section is necessary.\n(9) In this section:\ngeneral trust means a trust in favour of a person other than the\nCongregational Church, Methodist Church or Presbyterian Church.\nMethodist Church (N.S.W.) Property Trust means the body\ncorporate of that name constituted by the Methodist Church\n(N.S.W.) Property Trust Act 1969 (NSW).\nPresbyterian Church Act means the Presbyterian Church\n(Proposals for Union with other Churches) Act 1972.\nPresbyterian Church Trust means the Presbyterian Church\n(Australian Capital Territory) Property Trust established by the\nPresbyterian Church Trust Property Act 1971, section 4.\nspecial trust means a trust other than a trust for the general purposes\nof the Congregational Church, Methodist Church or Presbyterian\nChurch.\nThe Methodist Trust Association means the company of that name\nregistered in the State of New South Wales on 26 March 1930.\n12 Transfer of property to trust\n(1) If, by a will, deed or other instrument, property—\n\nPart 3 Acquisition and vesting of trust property\nSection 13\npage 10 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(a) is devised, bequeathed, given, granted, released, conveyed or\nappointed to the Church or to a person (other than the trust) to\nbe held for, or on trust for, or for the benefit of, the Church; or\n(b) is declared or directed to be held by a person (other than the\ntrust) for, or on trust for, or for the benefit of, the Church; or\n(c) is recoverable by, or payable to, the Church or a person (other\nthan the trust) for the benefit of the Church; or\n(d) is payable for the religious, social, educational or charitable\nwork of the Church;\nthe will, deed or instrument shall be construed and shall take effect\nas if a reference in the will, deed or instrument to the Church or to\nthat person, as the case may be, were a reference to the trust.\n(2) Unless the contrary intention appears, a reference in a will, deed or\nother instrument to the Congregational Church or the Methodist\nChurch shall, in relation to—\n(a) the operation of the will, deed or instrument after the\ncommencement of this section; and\n(b) the effect, after that commencement, of any disposition of\nproperty made, or right or obligation created, by the will, deed\nor instrument,\nbe read as a reference to the Church.\n13 Rights and liabilities of trust\nIf property is vested in the trust under this Act, the trust has, and\nmay exercise, the same rights, powers and remedies, and is subject\nto the same liabilities and obligations, in relation to that property, as\nthe person in whom the property was vested immediately before the\nvesting of the property in the trust would have had, could have\nexercised or would have been subject to, as the case may be, in\nrelation to that property, if the property had not been divested from\nhim or her and vested in the trust.\n\nMiscellaneous Part 4\nSection 15\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4—Miscellaneous\n14 Acquisition etc of property\nSubject to any resolution or direction of the Assembly or of a\ncommittee appointed by it for the purpose, the trust may—\n(a) act in relation to the exchange, surrender, dedication or\ncompulsory acquisition of trust property; and\n(b) make claims for compensation; and\n(c) agree to and settle a claim on the terms and conditions it\nconsiders appropriate.\n15 Receipt for money\nA receipt for money paid to the trust shall, if the receipt—\n(a) is under the common seal of the trust and the seal has been\naffixed in accordance with this Act; or\n(b) is in writing signed by 2 members of the trust; or\n(c) is in writing signed by a person or persons authorised by the\ntrust or 2 or more members of the trust to receive that money;\nexonerate the mortgagee, purchaser or other person paying the\nmoney from all liability for supervising the application of that\nmoney and for the loss, misapplication or non-application of that\nmoney.\n16 Exoneration from inquiry\nIf the trust enters into or purports to enter into a sale, exchange,\nmortgage, lease or other dealing with another person, neither that\nother person nor the registrar-general when acting in connection\nwith that dealing—\n\nPart 4 Miscellaneous\nSection 17\npage 12 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(a) shall be concerned to inquire into the necessity for, or the\npropriety of, the exercise by the trust of its powers or the mode\nof exercising its powers; or\n(b) shall be affected by notice that the exercise of a power of the\ntrust is unauthorised, irregular or improper.\n17 Service of documents\nA notice, process or other document may be served on or given to\nthe trust by delivering it to—\n(a) the Moderator, Secretary or Property Officer of the Synod; or\n(b) a person apparently authorised by the trust to accept service.\n18 How trust may hold property\nThe trust may hold or acquire property either alone or jointly with\nanother person or other persons and, if the trust holds or acquires\nproperty jointly with another person or other persons, the property\nmay be held or acquired by the trust and that other person or those\nother persons either as joint tenants or tenants in common.\n19 Cooperative use of property\n(1) If the Church, in accordance with the directions and resolutions of\nthe Assembly, decides to enter into a scheme of cooperation with or\ninvolving a church, or a congregation or activity of a church, of\nanother denomination, being a scheme that involves the use of trust\nproperty, the trust may, while the scheme of cooperation continues\nin force, permit the property to be used, managed and administered\nin connection with the scheme in the way and on the conditions that\nthe Synod, or a committee appointed by it, determines.\n(2) The conditions that may be determined under subsection (1) include,\nwithout limiting that subsection, conditions with respect to—\n(a) the making of contributions of money for the acquisition,\nconstruction, alteration, maintenance or repair of assets vested\n\nMiscellaneous Part 4\nSection 19\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nin or held on behalf of a cooperating church or congregation;\nand\n(b) the giving or taking of security in relation to any property in\nconnection with a contribution received or made under the\nscheme.\n(3) The proceeds of the sale, mortgage or other dealing with any\nproperty referred to in this section may be paid and applied in the\nway that the Synod or, if a committee has been appointed by it for\nsubsection (1), the committee determines.\n(4) Neither a person (the transferee) dealing bona fide and for value\nwith the Trust in connection with trust property nor the registrar-\ngeneral when acting in connection with a dealing with trust property\nshall, only because of this Act or the existence of a scheme of\ncooperation, be concerned to inquire whether a security is in force,\nor be deemed to have notice of, or be bound by, a security in force,\nunder this section in relation to the property and—\n(a) a conveyance, transfer or other assurance of the property to the\ntransferee shall operate as a discharge of a security in force\nunder this section in relation to the property, so far as the\nproperty would, apart from this subsection, be subject to the\nsecurity; and\n(b) a mortgage or charge in relation to the property in favour of the\ntransferee shall have priority over a security in force under this\nsection in relation to the property.\n(5) This section applies to and in relation to all property at any time\nheld by the Trust except to the extent that the property is held\nsubject to an express trust expressly forbidding its use, management\nor administration in a way referred to in this section.\n(6) Subsection (5) does not apply to prevent the use of property in a\nway referred to in this section if the property is merely directed to be\nheld on trust for the worship or purposes of the Church.\n\nPart 4 Miscellaneous\nSection 20\npage 14 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Variation of trusts\n(1) If the Synod has, by resolution, declared that, in its opinion, it is\nimpossible, impracticable or inexpedient to carry out or observe the\ntrusts to which any trust property is for the time being subject, the\nSynod may, by the same or a subsequent resolution, direct that the\nproperty be held for, or for the use, benefit or purposes of, the\nChurch subject to the other trusts that the Synod declares.\n(2) If a direction is given under subsection (1) in relation to trust\nproperty, the trusts that the Synod may declare for that subsection\nare, unless the Synod by resolution declares that, in its opinion, it is\nimpossible, impracticable or inexpedient to do so, trusts under\nwhich the property is to be dealt with and applied for purposes that\nare, as nearly as may be, the same as the purposes for which the\nproperty was held immediately before the direction being given.\n(3) If a direction is given under subsection (1) in relation to trust\nproperty, the property—\n(a) shall be freed and discharged from the trusts on which it was\nheld immediately before the direction being given; and\n(b) shall be held subject to the trusts declared in accordance with\nthis section.\n21 Trust to indemnify certain persons\nThe trust shall, out of trust property, indemnify a member of the\ntrust and any other person against all expenses and liabilities\nincurred by the member or other person in connection with an act or\nthing done, in good faith, by him or her in relation to trust property\nunder this Act or a resolution or direction of the Assembly.\n\nMiscellaneous Part 4\nSection 22\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 Dealing with trust funds\n(1) If the trust holds money on trust for different purposes or activities\nof the Church, the trust—\n(a) may from time to time invest that money or a part or parts of\nthat money as one fund; and\n(b) may distribute income, and apportion any loss, arising from the\ninvestment rateably among the several purposes or activities\nfor which that money is held.\n(2) The trust may make advances out of money held on trust by it for a\npurpose of or relating to the Church and a sum advanced under this\nsection—\n(a) shall be deemed to be an investment and shall, if a rate of\ninterest is fixed by the trust, bear interest at the rate so fixed;\nand\n(b) shall, together with the interest (if any) be deemed to be a\ncharge on the assets of the Church.\n\nSchedule 1 Basis of Union\npage 16 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Basis of Union\n(see s 4)\n1 The Congregational Union of Australia, the Methodist Church of\nAustralasia and the Presbyterian Church of Australia, in fellowship\nwith the whole Church Catholic, and seeking to bear witness to that\nunity which is both Christ’s gift and his will for the Church, hereby\nenter into union under the name of the Uniting Church in Australia.\nThey pray that this act may be to the glory of God the Father, the\nSon and the Holy Spirit. They praise God for his gifts of grace to\neach of them in years past; they acknowledge that none of them has\nresponded to God’s love with a full obedience; they look for a\ncontinuing renewal in which God will use their common worship,\nwitness and service to set forth the word of salvation for all\nmankind. To this end they declare their readiness to go forward\ntogether in sole loyalty to Christ the living Head of the Church; they\nremain open to constant reform under his Word; and they seek a\nwider unity in the power of the Holy Spirit. In this union these\nChurches commit their members to acknowledge one another in\nlove and joy as believers in our Lord Jesus Christ, to hear anew the\ncommission of the Risen Lord to make disciples of all nations, and\ndaily to seek to obey his will. In entering into this union the\nChurches concerned are mindful that the Church of God is\ncommitted to serve the world for which Christ died, and that she\nawaits with hope the day of the Lord Jesus Christ on which it will be\nclear that the kingdom of this world has become the kingdom of our\nLord and of his Christ, and he shall reign for ever and ever.\n2 The Uniting Church lives and works within the faith and unity of the\nOne Holy Catholic and Apostolic Church. She recognises that she\nis related to other Churches in ways which give expression, however\npartially, to that unity in faith and mission. Recalling the\nEcumenical Councils of the early centuries, she looks forward to a\ntime when the faith will be further elucidated, and the Church’s\nunity expressed, in similar Councils. She thankfully acknowledges\n\nBasis of Union Schedule 1\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nthat the uniting Churches were members of the World Council of\nChurches and other ecumenical bodies, and she will seek to\nmaintain such membership. She remembers the special relationship\nwhich obtained between the several uniting Churches and other\nChurches of similar traditions, and will continue to learn from their\nwitness and be strengthened by their fellowship. She is encouraged\nby the existence of the United Churches in which these and other\ntraditions have been incorporated, and wishes to learn from their\nexperience. She believes that Christians in Australia are called to\nbear witness to a unity of faith and life in Christ which transcends\ncultural and economic, national and racial boundaries, and to this\nend she commits herself to seek special relationships with Churches\nin Asia and the Pacific. She declares her desire to enter more deeply\ninto the faith and mission of the Church in Australia, by working\ntogether and seeking union with other Churches.\n3 The Uniting Church acknowledges that the faith and unity of the\nHoly Catholic and Apostolic Church are built upon the one Lord\nJesus Christ. The Church preaches Christ the risen crucified One\nand confesses him as Lord to the glory of God the Father. In Jesus\nChrist God was reconciling the world to himself. In love for the\nworld, God gave his Son to take away the world’s sin.\nJesus of Nazareth announced the sovereign grace of God whereby\nthe poor in spirit could receive the Father’s love. He himself, in his\nlife and death, made the response of humility, obedience and trust\nwhich God had long sought in vain. In raising him to live and reign,\nGod confirmed and completed the witness which Jesus bore to him\non earth, he reasserted his claim over the whole of his creation, he\npardoned sinners, and made in Jesus a representative beginning of a\nnew order of righteousness and love. To God in Christ men are\ncalled to respond in faith. To this end God has sent forth his Spirit\nthat men may trust him as their Father, and acknowledge Jesus as\nLord. The whole work of man’s salvation is effected by the\nsovereign grace of God alone.\n\nSchedule 1 Basis of Union\npage 18 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nThe Church as the fellowship of the Holy Spirit confesses Jesus as\nLord over her own life, she also confesses that he is Head over all\nthings, the beginning of a new creation, of a new mankind. God in\nChrist has given to men in the Church the Holy Spirit as a pledge\nand foretaste of that coming reconciliation and renewal which is the\nend in view for the whole creation. The Church’s call is to serve\nthat end: to be a fellowship of reconciliation, a body within which\nthe diverse gifts of its members are used for the building up of the\nwhole, an instrument through which Christ may work and bear\nwitness to himself. The Church lives between the time of Christ’s\ndeath and resurrection and the final consummation of all things\nwhich he will bring; she is a pilgrim people, always on the way\ntowards a promised goal; here she does not have a continuing city\nbut seeks one to come. On the way Christ feeds her with Word and\nSacraments, and she has the gift of the Spirit in order that she may\nnot lose the way.\n4 The Uniting Church acknowledges that the Church is able to live\nand endure through the changes of history only because her Lord\ncomes, addresses, and deals with men in and through the news of his\ncompleted work. Christ who is present when he is preached among\nmen is the Word of the God who acquits the guilty, who gives life to\nthe dead and who brings into being what otherwise could not exist.\nThrough human witness in word and action, and in the power of the\nHoly Spirit, Christ reaches out to command men’s attention and\nawaken their faith; he calls them into the fellowship of his\nsufferings, to be the disciples of a crucified Lord; in his own strange\nway he constitutes, rules and renews them as his Church.\n5 The Uniting Church acknowledges that the Church has received the\nbooks of the Old and New Testaments as unique prophetic and\napostolic testimony, in which she hears the Word of God and by\nwhich her faith and obedience are nourished and regulated. When\nthe Church preaches Jesus Christ, her message is controlled by the\nBiblical witnesses. The Word of God on whom man’s salvation\ndepends is to be heard and known from Scripture appropriated in the\n\nBasis of Union Schedule 1\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nworshipping and witnessing life of the Church. The Uniting Church\nlays upon here members the serious duty of reading the Scriptures,\ncommits her ministers to preach from these and to administer the\nsacraments of Baptism and the Lord’s Supper as effective signs of\nthe Gospel set forth in the Scriptures.\n6 The Uniting Church acknowledges that Christ has commanded his\nChurch to proclaim the Gospel both in words and in the two visible\nacts of Baptism and the Lord’s Supper. He himself acts in and\nthrough everything that the Church does in obedience to his\ncommandment: it is he who by the gift of the Spirit confers upon\nmen the forgiveness, the fellowship, the new life and freedom which\nthe proclamation and actions promise; and it is he who awakens,\npurifies and advances in men the faith and hope in which alone such\nbenefits can be accepted.\n7 The Uniting Church acknowledges that Christ incorporates men into\nhis body by Baptism. In this way he enables them to participate in\nhis own baptism, which was accomplished once on behalf of all in\nhis death and burial, and which was made available to all when,\nrisen and ascended, he poured out the Holy Spirit at Pentecost.\nBaptism into Christ’s body initiates men into his life and mission in\nthe world, so that they are united in one fellowship of love, service,\nsuffering and joy, in one family of the Father of all in heaven and\nearth, and in the power of the one Spirit. The Uniting Church will\nbaptize those who confess the Christian faith, and children who are\npresented for baptism and for whose instruction and nourishment in\nthe faith the Church takes responsibility.\n8 The Uniting Church acknowledges that Christ signifies and seals his\ncontinuing presence with his people in the Lord’s Supper or the\nHoly Communion, constantly repeated in the life of the Church. In\nthis sacrament of his broken body and outpoured blood the risen\nLord feeds his baptized people on their way to the final inheritance\nof the Kingdom. Thus the people of God, through faith and the gift\nand power of the Holy Spirit, have communion with their Saviour,\nmake their sacrifice of praise and thanksgiving, proclaim the Lord’s\n\nSchedule 1 Basis of Union\npage 20 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ndeath, grow together into Christ, are strengthened for their\nparticipation in the mission of Christ in the world, and rejoice in the\nforetaste of the Kingdom which he will bring to consummation.\n9 The Uniting Church enters into unity with the Church throughout\nthe ages by her use of the confessions known as the Apostles’ Creed\nand the Nicene Creed. She receives these as authoritative\nstatements of the Catholic Faith, framed in the language of their day\nand used by Christians in many days, to declare and to guard the\nright understanding of that faith. She commits her ministers and\ninstructors to careful study of these creeds and to the discipline of\ninterpreting their teaching in a later age. She commends to\nministers and congregations their use for instruction in the faith, and\ntheir use in worship as acts of allegiance to the Holy Trinity.\n10 The Uniting Church continues to learn of the teaching of the Holy\nScriptures in the obedience and freedom of faith, and in the power\nof the promised gift of the Holy Spirit, from the witness of\nreformation fathers as expressed in various ways in the Scots\nConfession of Faith (1560), the Heidelberg Catechism (1563), the\nWestminster Confession of Faith (1647), and the Savoy Declaration\n(1658). In like manner she will listen to the preaching of John\nWesley in his Forty-Four Sermons (1793). She will commit her\nministers and instructors to study these statements, so that the\ncongregation of Christ’s people may again and again be reminded of\nthe grace which justifies them through faith, of the centrality of the\nperson and work of Christ the justifier, and of the need for a\nconstant appeal to Holy Scripture.\n11 The Uniting Church acknowledges that God has never left his\nChurch without faithful and scholarly interpreters of Scripture, or\nwithout those who have reflected deeply upon, and acted trustingly\nin obedience to, his living Word. In particular she enters into the\ninheritance of literary, historical and scientific enquiry which has\ncharacterised recent centuries and thanks God for the knowledge of\nhis ways with men which are open to an informed faith. She lives\nwithin a world-wide fellowship of Churches in which she will learn\n\nBasis of Union Schedule 1\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nto sharpen her understanding of the will and purpose of God by\ncontact with contemporary thought. Within that fellowship she also\nstands in relation to contemporary societies in ways which will help\nher to understand her own nature and mission. She thanks God for\nthe continuing witness and service of evangelist, of scholar, of\nprophet and of martyr. She prays that she may be ready when\noccasion demands to confess her Lord in fresh words and deeds.\n12 The Uniting Church recognises and accepts as her members all who\nare recognised as members of the uniting Churches at the time of\nunion. Thereafter membership is open to all who are baptized into\nthe Holy Catholic Church in the name of the Father and of the Son\nand of the Holy Spirit. The Uniting Church will seek ways in which\nthe baptized may have confirmed to them the promises of God, and\nbe led to deeper commitment to the faith and service into which they\nhave been baptized. To this end she commits herself to undertake,\nwith other Christians, to explore and develop the relation of baptism\nto confirmation and to participation in the Holy Communion.\n13 The Uniting Church affirms that every member of the Church is\nengaged to confess the faith of Christ crucified and to be his faithful\nservant. She acknowledges with thanksgiving that the one Spirit has\nendowed the members of his Church with a diversity of gifts, and\nthat there is no gift without its corresponding service; all ministries\nhave a part in the ministry of Christ. The Uniting Church, at the time\nof union, will recognise and accept the ministries of those who have\nbeen called to any task or responsibility in the uniting Churches.\nThe Uniting Church will thereafter provide for the exercise by men\nand women of the gifts God bestows upon them, and will order her\nlife in response to his call to enter more fully into her mission.\n14 The Uniting Church, from inception, will seek the guidance of the\nHoly Spirit to recognise among her members men and women called\nto God to preach the Gospel, to lead the people in worship, to care\nfor the flock, to share in government and to serve those in need of\nthe world.\n\nSchedule 1 Basis of Union\npage 22 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nTo this end:\n(a) The Uniting Church recognises and accepts as ministers of the\nWord all who have held such office in any of the uniting\nChurches, and who, being in good standing in one of those\nChurches at the time of union, adhere to the Basis of Union.\nThis adherence and acceptance may take place at the time of\nunion or at a later date. Since the Church lives by the power of\nthe Word, she is assured that God, who has never left himself\nwithout witness to that Word, will, through Christ and in the\npower of the Holy Spirit, call and set apart members of the\nChurch to be ministers of the Word. These will preach the\nGospel, administer the sacraments and exercise pastoral care so\nthat all may be equipped for their particular ministries, thus\nmaintaining the apostolic witness to Christ in the Church. Such\nmembers will be called Ministers and their setting apart will be\nknown as Ordination.\nThe Presbytery will ordain by prayer and the laying on of\nhands in the presence of a worshipping congregation. In this\nact of ordination the Church praises the ascended Christ for\nconferring gifts upon men. She recognises his call of the\nindividual to be his minister, she prays for the enabling power\nof the Holy Spirit to equip him for that service. By the\nparticipation in the act of ordination of those already ordained,\nthe Church bears witness to God’s faithfulness and declares the\nhope by which she lives. In company with other Christians the\nUniting Church will seek for a renewed understanding of the\nway in which the congregation participates in ordination and of\nthe significance of ordination in the life of the Church.\n(b) The Uniting Church recognises and accepts as elders or leaders\nthose who at the time of union hold the office of elder, deacon\nor leader appointed to exercise spiritual oversight, and who,\nbeing in good standing in any of the uniting Churches at the\ntime of union, adhere to the Basis of Union. She will seek to\nrecognise in the congregation those endowed by the Spirit with\n\nBasis of Union Schedule 1\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ngifts fitting them for rule and oversight. Such members will be\ncalled Elders or Leaders.\n(c) The Uniting Church recognises and accepts as deaconesses\nthose who at the time of union are deaconesses in good\nstanding in any of the uniting Churches and who adhere to the\nBasis of Union. She believes that the Holy Spirit will continue\nto call women to share in this way in the varied services and\nwitness of the Church, and she will make provision for this.\nSuch members will be called Deaconesses.\nThe Uniting Church recognises that at the time of union many\nseek a renewal of the diaconate in which men and women offer\ntheir time and talents, representatively and on behalf of God’s\npeople, in the service of mankind in the face of changing\nneeds. She will so order her life that she remains open to the\npossibility that God may call men and women into such a\nrenewed diaconate: in these circumstances she may decide to\ncall them Deacons and Deaconesses, whether the service is\nwithin or beyond the life of the congregation.\n(d) The Uniting Church recognises and accepts at lay preachers\nthose who at the time of union are accredited lay preachers\n(local preachers) in any of the uniting Churches and who\nadhere to the Basis of Union. She will seek to recognise those\nendowed with the gift of the Spirit for this task, will provide\nfor their training, and will gladly wait upon that fuller\nunderstanding of the obedience of the Christian man which\nshould flow from their ministry. Such members will be called\nLay Preachers.\nIn the above subparagraphs the phrase “adhere to the Basis of\nUnion” is understood as willingness to live and work within the\nfaith and unity of the One Holy Catholic and Apostolic Church as\nthat way is described in this Basis. Such adherence allows for\ndifference of opinion in matters which do not enter into the\nsubstance of the faith.\n\nSchedule 1 Basis of Union\npage 24 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nThe Uniting Church recognises that the type and duration of\nministries to which men and women are called vary from time to\ntime and place to place, and that in particular she comes into being\nin a period of reconsideration of traditional forms of the ministry,\nand of renewed participation of all the people of God in the\npreaching of the Word, the administration of the sacraments, the\nbuilding up of the fellowship in mutual love, in commitment to\nChrist’s mission, and in service of the world for which she died.\n15 The Uniting Church recognises that responsibility for government in\nthe Church belongs to the people of God by virtue of the gifts and\ntasks which God has laid upon them. The Uniting Church therefore\nso organises her life that locally, regionally and nationally\ngovernment will be entrusted to representatives, men and women,\nbearing the gifts and graces with which God has endowed them for\nthe building up of his Church. The Uniting Church is governed by a\nseries of inter-related councils, each of which has its tasks and\nresponsibilities in relation both to the Church and the world.\nThe Uniting Church acknowledges that Christ alone is supreme in\nhis Church, and that he may speak to her through any of her\ncouncils. It is the task of every council to wait upon God’s Word,\nand to obey his will in the matters allocated to its oversight. Each\ncouncil will recognise the limits of its own authority and give heed\nto other councils of the Church, so that the whole body of believers\nmay be united by mutual submission in the service of the Gospel.\nTo this end the Uniting Church makes provision in her constitution\nfor the following:\n(a) The Congregation is the embodiment in one place of the One\nHoly Catholic and Apostolic Church, worshipping, witnessing\nand serving as a fellowship of the Spirit in Christ. Its members\nmeet regularly to hear God’s Word, to celebrate the\nsacraments, to build one another up in love, to share in the\nwider responsibilities of the Church, and to serve the world.\nThe congregation will recognise the need for a diversity of\n\nBasis of Union Schedule 1\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nagencies for the better ordering of her life in such matters as\neducation, administration and finance.\n(b) The Elders’ or Leaders’ Meeting (the council within a\ncongregation or group of congregations) consists of the\nminister and those who are called to share with him in\noversight. It is responsible for building up the congregation in\nfaith and love, sustaining its members in hope, and leading\nthem into a fuller participation in Christ’s mission in the world.\n(c) The presbytery (the district council) consists of such ministers,\nelders/leaders and other Church members as are appointed\nthereto, the majority of elders/leaders and Church members\nbeing appointed by Elders’/Leaders’ Meetings and/or\ncongregations, on a basis determined by the Synod. Its function\nis to perform all the acts of oversight necessary to the life and\nmission of the Church in the area for which it is responsible,\nexcept over those agencies which are directly responsible to\nthe Synod or Assembly. It will in particular exercise oversight\nover the congregations within its bounds, encouraging them to\nstrengthen one another’s faith, to bear one another’s burdens,\nand exhorting them to fulfil their high calling in Christ Jesus. It\nwill promote those wider aspects of the work of the Church\ncommitted to it by the Synod or Assembly.\n(d) The Synod (the regional council) consists of such ministers,\nelders/leaders and other Church members as are appointed\nthereto, the majority being appointed by Presbyteries,\nElders’/Leaders’ Meetings or congregations, on a basis\ndetermined by the Assembly. It has responsibility for the\ngeneral oversight, direction and administration of the Church’s\nworship, witness and service in the region allotted to it, with\nsuch powers and authorities as may from time to time be\ndetermined by the Assembly.\n(e) The Assembly (the national council) consists of such ministers,\nelders/leaders and other Church members as are appointed\n\nSchedule 1 Basis of Union\npage 26 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nthereto, the majority being appointed by the Presbyteries and\nSynods. It has determining responsibility for matters of\ndoctrine, worship, government and discipline, including the\npromotion of the Church’s mission, the establishment of\nstandards of theological training and reception of ministers\nfrom other communions, and the taking of further measures\ntowards the wider union of the Church. It makes the guiding\ndecisions on the tasks and authority to be exercised by other\ncouncils. It is obligatory for it to seek the concurrence of other\ncouncils, and on occasion of the congregations of the Church,\non matters of vital importance to the life of the Church.\nThe first Assembly, however, will consist of members of the uniting\nChurches, appointed in equal numbers by them in such manner as\nthey may determine, and is vested with such powers as may be\nnecessary to establish the Uniting Church according to the\nprovisions of the Basis of Union.\nUntil such time as councils other than the Assembly can be\nestablished, the Uniting Church recognises and accepts the various\nagencies for the discharge of responsibility which are in existence in\nthe uniting Churches. She invites any such continuing bodies\nimmediately to enter into a period of self-examination in which\nmembers are asked to consider afresh their common commitment to\nthe Church’s mission and their demonstration of her unity. She\nprays that God will enable them to order their lives for these\npurposes.\n16 The Uniting Church recognises the responsibility and freedom\nwhich belong to councils to acknowledge gifts among members for\nthe fulfilment of particular functions. She sees in pastoral care\nexercised personally on behalf of the Church an expression of the\nfact that God always deals with men personally: he would have his\nfatherly care known among men; he would have individual members\ntake upon themselves the form of a servant.\n\nBasis of Union Schedule 1\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 The Uniting Church acknowledges that the demand of the Gospel,\nthe response of the Church to the Gospel, and the discipline which it\nrequires are partly expressed in the formulation by the Church of her\nlaw. The aim of such law is to confess God’s will for the life of his\nChurch; but since law is received by man and framed by him, it is\nalways subject to revision in order that it may better serve the\nGospel. The Uniting Church will keep her law under constant\nreview so that her life may increasingly be directed to the service of\nGod and man, and her worship to a true and faithful setting forth of,\nand response to, the Gospel of Christ. The law of the Church will\nspeak of the free obedience of the children of God, and will look to\nthe final reconciliation of mankind under God’s sovereign grace.\n18 The Uniting Church affirms that she belongs to the people of God\non the way to the promised end. She prays God that, through the gift\nof the Spirit, he will constantly correct that which is erroneous in her\nlife, will bring her into deeper unity with other Churches, and will\nuse her worship, witness and service to his eternal glory through\nJesus Christ the Lord. Amen.\n\nEndnotes\n1 About the endnotes\npage 28 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 29\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 Uniting Church in\nAustralia Ordinance 1977 No 15 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment 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 A1989-21,\ns 5 on 11 May 1989 (self-government day).\nLegislation before becoming Territory enactment\nUniting Church in Australia Act 1977 A1977-15\nnotified 15 June 1977\ns 1, s 2 commenced 15 June 1977\nss 3-10, s 11 (1), (3)-(9) and ss 12-22 commenced 22 June 1977\n(s 2 (2) and Cwlth Gaz 1977 No S110)\ns 11 (2) awaiting commencement (s 2 (2))\nas amended by\nLegislation after becoming Territory enactment\nRegistrar-General (Consequential Provisions) Act 1993 A1993-64\nsch 1\nnotified 6 September 1993 (Gaz 1993 No S172)\ns 1, s 2 commenced 6 September 1993 (s 2 (1))\nsch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No\nS207)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 400\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 400 commenced 12 September 2001 (s 2 and see Gaz 2001 No\nS65)\n\nEndnotes\n3 Legislation history\npage 30 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.37\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.37 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\n\nEndnotes\nAmendment history 4\nR3\n01/03/12\nUniting Church in Australia Act 1977\nEffective: 01/03/12\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om A2001-44 amdt 1.4148\nRepeal etc\ns 3 om A2001-44 amdt 1.4148\nDefinitions for Act\ns 4 def registrar of titles om A1993-64 sch 1\nCommon seal\ns 9 am A2011-48 amdt 1.54\nExoneration from inquiry\ns 16 am A1993-64 sch 1\nCooperative use of property\ns 19 am A1993-64 sch 1\nBasis of Union\nsch 1 (prev sch) renum R2 LA\n\nEndnotes\n5 Earlier republications\npage 32 Uniting Church in Australia Act 1977\nEffective: 01/03/12\nR3\n01/03/12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 not amended 30 June 1991\n2 A2001-44 2 August 2002\n6 Uncommenced provision\nSection 11 (2) was uncommenced at the republication date but has been included\nin this republication with the symbol U immediately before the subsection.\n© Australian Capital Territory 2012","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: establishing a property trust for the Uniting Church in the ACT following the 1977 union of three denominations. While it includes the full Basis of Union (the theological foundation document), this was part of the original 1977 ordinance and reflects the Act's foundational role in implementing the church union. The amendments since 1977 have been minor and technical (updating references to the Registrar-General, modernising execution provisions, removing spent commencement sections), not expanding the scope beyond property holding and management."},"complexity_factors":["Multiple automatic vesting mechanisms in section 11 with different triggers for Congregational, Methodist and Presbyterian property","Nested exceptions in section 11(7) preserving special trusts, resulting trusts, donor trusts, general trusts, and various encumbrances","Cross-reference to NSW legislation for trust membership (section 7 references the NSW Uniting Church Act)","Schedule 1 contains extensive theological and governance text (12 pages) that is substantive content but not legally operative in the same way as the Act proper","Interaction between Assembly resolutions, Synod directions, and trust operations creates layered authority structure","Section 19 contains complex protections for bona fide purchasers dealing with cooperative use arrangements"],"plain_english_summary":"This Act creates a legal entity called **The Uniting Church in Australia (Australian Capital Territory) Property Trust** to hold and manage property for the Uniting Church in the ACT.\n\n**What it does:**\n- **Establishes a property trust**: Creates a body corporate (a legal entity that can own property, sue and be sued) to act as the official owner of church property.\n- **Transfers property automatically**: When the Act took effect, all land and assets previously owned by three predecessor churches—the Congregational Union, the Methodist Church, and the Presbyterian Church—in the ACT were automatically transferred to this new trust without needing individual paperwork.\n- **Handles future gifts**: If someone leaves property to the Uniting Church in their will, or gives it to the church, it automatically goes to this trust to hold.\n- **Sets up governance**: The trust is run by the same people who run the NSW property trust, with rules about meetings (3 people make a quorum), decisions (majority vote), and how to use the common seal (official stamp).\n- **Protects buyers and lenders**: People who buy property from the trust or lend money to it are protected—they don't have to investigate whether the trust had proper internal approval for the deal.\n- **Allows cooperation with other churches**: The trust can let other denominations use church property under cooperative agreements.\n- **Lets the church change old trusts**: If old restrictions on property are impossible to follow, the church can change them to similar purposes.\n\n**Who it affects:**\n- Members of the Uniting Church in the ACT\n- People who donate property to the church or leave it in wills\n- People buying or leasing church property\n- The three predecessor churches whose assets were consolidated\n\n**Why it matters:**\nThis Act solved a practical problem: when three churches merged in 1977 to form the Uniting Church, they needed a single legal owner for all their property in the ACT. Without this law, every piece of land would have needed separate legal transfers. The Act also includes the **Basis of Union** (Schedule 1)—the theological document describing what the Uniting Church believes and how it's governed—which is unusual for property legislation but reflects that this was a foundational law for the new denomination."}},"importantCases":[],"_links":{"self":"/api/acts/uniting-church-in-australia-act-1977","history":"/api/acts/uniting-church-in-australia-act-1977/history","analysis":"/api/acts/uniting-church-in-australia-act-1977/analysis","conflicts":"/api/acts/uniting-church-in-australia-act-1977/conflicts","importantCases":"/api/acts/uniting-church-in-australia-act-1977/important-cases","documents":"/api/acts/uniting-church-in-australia-act-1977/documents"}}