What it does
The Anglican Church of Australia Act 1976 (WA) is a short statute that performs a single structural task: it changes the official name of the Church of England in Australia to the Anglican Church of Australia for the purposes of Western Australian law. Section 3 effects the name change directly, providing that the name of the Church of England in Australia referred to in the Church of England in Australia Constitution Act 1960 (now the Anglican Church of Australia Constitution Act 1960) is changed to Anglican Church of Australia. That change is not merely ceremonial. The Act ensures that every reference, however expressed, to the Church of England or the Church of England in Australia in any WA law, Church canon, ordinance, statute, rule, regulation, grant, deed, will, or other instrument having effect on or after the appointed day is automatically construed as a reference to the Anglican Church of Australia (s 4). This includes Acts of Parliament, regulations, local laws, by-laws, and instruments under those laws (s 2(3) definition of law of the State). The Act also makes that construction a direct amendment to the relevant State law for all purposes, unless the context otherwise requires (s 7). It preserves the continuity of corporations, property, rights, authorities, duties, functions, and obligations, and permits legal proceedings to continue under the new name (s 5). Critically, after six months from the appointed day (24 August 1981, per proclamation gazetted 30 January 1981), the Act creates an offence for any person to use, for business, trade, or professional purposes, the names Church of England, Church of England in Australia, or Anglican Church of Australia, or the description Anglican, without authorisation by or pursuant to a General Synod Canon (s 6(1)). The penalty is $100. However, s 6(2) preserves any right or remedy the Anglican Church of Australia would have had apart from the offence provision, so the Church can still pursue common law remedies such as passing off. The Act does not create any new regulatory body or ongoing administrative machinery; it is a one-time renaming and updating statute with a residual offence provision.