Australian Capital Territory
Anglican Church of Australia Trust
Property Act 1917
A1917-21
Republication No 4
Effective: 27 December 2007
Republication date: 27 December 2007
Last amendment made by A2007-39
Authorised by the ACT Parliamentary Counsel
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About this republication
The republished law
This is a republication of the Anglican Church of Australia Trust Property Act 1917 (including
any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force
on 27 December 2007. It also includes any amendment, repeal or expiry affecting the
republished law to 27 December 2007.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced
amendment, the symbol U appears immediately before the provision heading. The text of the
uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date
is—
(a) if the person charged is an individual—$100; or
(b) if the person charged is a corporation—$500.
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Anglican Church of Australia Trust Property Act 1917
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contents 1
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Australian Capital Territory
Anglican Church of Australia Trust
Property Act 1917
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Application of Legislation Act 2
Part 2 Trustees—constitution and succession
5 Existing corporate bodies 3
6 New corporate bodies 3
7 Common seal and quorum 4
8 Authority of members of corporate bodies 4
9 Variation by synod 4
10 Change of name 5
11 Alteration of number of members of corporate body 5
12 Vacancies in membership of corporate bodies 5
Contents
Page
contents 2 Anglican Church of Australia Trust Property Act 1917
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13 Alteration of number of trustees 5
14 Vacancies in office of trustees 6
15 New trustees for allocated property 6
16 Separate trustees 6
17 Provision cumulative 7
18 Bishops 7
Part 3 Trust property—management, investment and
dealings
24 Management 8
25 Investment 8
26 Synod may direct sales etc 8
26A Certain directions may be given in anticipation 9
27 Deeds of conveyance etc 9
27A Certain directions may be given by resolution 10
28 Power of corporate trustees to let in certain cases 11
31 Temporary investments 11
Part 4 Variation of trusts
32 Power of synod to vary trusts etc 12
32A Limited substitution of trust of income 13
Part 5 Miscellaneous
37 Repeal or amendment of ordinance 14
38 Delegation of powers etc by bishop 14
39 Delegation of powers etc of bishop by ordinance 14
40 Delegation of powers etc of synod 15
41 Validity of acts etc under delegation 15
42 Notification about trustees 16
45 New dioceses 16
Endnotes
1 About the endnotes 17
2 Abbreviation key 17
3 Legislation history 18
Contents
Page
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4 Amendment history 21
5 Earlier republications 22
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Australian Capital Territory
Anglican Church of Australia Trust
Property Act 1917
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Anglican Church of Australia Trust Property
Act 1917.
2 Application of Legislation Act
The Legislation Act 2001 does not apply to instruments made under
this Act.
Trustees—constitution and succession Part 2
Section 5
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Part 2 Trustees—constitution and
succession
5 Existing corporate bodies
(1) The following bodies:
(a) Church of England Property Trust Diocese of Sydney;
(b) Church of England Property Trust Diocese of Goulburn;
(c) The Corporate Trustees of the Diocese of Grafton and
Armidale;
(d) Church of England Property Trust Diocese of Bathurst;
(e) Trustees of the Church Property for the Diocese of Riverina;
(f) The Corporate Trustees of the Diocese of Grafton,
are declared to have been duly constituted as bodies politic and
corporate by those respective names, under the provisions of the
Church of England Trust Property Incorporation Act 1881, and
notwithstanding the repeal of that Act they shall remain so
constituted, and, except so far as there is anything in this Act
inconsistent with that Act, this Act shall apply to them as if this Act
has been in force at the time they were constituted and they were
constituted under it.
The bishop of a diocese shall ex officio be a member of the
corporate body so constituted for the diocese, and the number of
members shall be increased by 1 for that purpose.
6 New corporate bodies
The synod of each diocese, other than the diocese for which the
bodies mentioned in section 5 were and remain so constituted, may
at any time elect the persons that the synod desires, should together
with the bishop of the diocese, ex officio, be incorporated as trustees
for the diocese, and the bishop of the diocese shall notify the
Part 2 Trustees—constitution and succession
Section 7
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election in the Gazette, and immediately on the notification and
afterwards the persons and the persons that may from time to time
be members of the body, together with the bishop of the diocese, ex
officio, shall be and they are hereby constituted a body politic and
corporate, by the name of incorporation mentioned in the
notification, and by that name they shall have perpetual succession
and a common seal, and shall sue and be sued, or shall otherwise
appear and answer and be answered, and may take and hold to them
and their successors by grant, will, or otherwise any real or personal
property, and for any estate or interest in real or personal property.
7 Common seal and quorum
The members for the time being of each corporate body of trustees
shall have the custody of the common seal of such corporate body,
and the form of such seal and all other matters relating thereto shall
from time to time be determined at a meeting of the said corporate
body, and three members for the time being of the said corporate
body shall constitute a quorum.
8 Authority of members of corporate bodies
Any deed or instrument, executed or signed, and any other act,
matter, or thing done by any three members of any such corporate
body as aforesaid, in pursuance of a resolution of the said corporate
body and under the common seal of the said corporate body, shall be
as effectual as if the same had been executed, signed, or done by all
the members of the said corporate body.
9 Variation by synod
It shall be lawful for the synod of a diocese from time to time, by
ordinance, to vary the provisions of sections 7 and 8, so far as they
relate to the diocese, and the provisions shall, with reference to the
diocese and to all the church trust property matters and things of or
held for or pertaining to the diocese, be read from time to time as so
varied by ordinance.
Trustees—constitution and succession Part 2
Section 10
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10 Change of name
It shall be lawful for the synod of a diocese from time to time, by
ordinance, to change the name of the corporate body of trustees
constituted for the diocese.
11 Alteration of number of members of corporate body
It shall be lawful for the synod of a diocese from time to time, by
ordinance to declare what shall be the number of members of the
corporate body of trustees constituted for the diocese, and in case of
increase in the number the increase shall be effected by the synod of
the diocese electing an additional member, or additional members,
and in case of decrease in the number the decrease shall be effected
by the synod of the diocese not electing a person, or persons, to fill a
vacancy, or vacancies, declared under the provisions of this Act.
12 Vacancies in membership of corporate bodies
It shall be lawful for the synod of a diocese from time to time, by
resolution, to declare the existence of a vacancy, or vacancies, in the
office of member of the corporate body of trustees of the diocese
because 1 or more of the members for the time being of the
corporate body having died, resigned office, refused or neglected or
having become incapable to act in the office, or having for the space
of 6 months ceased to reside within the diocese, or because of some
other matter to be specified in the resolution, and thereupon or at
any time afterwards the synod of the diocese may elect a person or
persons to be, and the person or persons shall thereupon become a
member or members of the body in the place or places of the
member or members referred to in the resolution.
13 Alteration of number of trustees
It shall be lawful for the synod of a diocese for which any church
trust property is for the time being held from time to time, by
ordinance, to declare what shall be the number of trustees of the
property, and in case of increase in the number the increase shall be
Part 2 Trustees—constitution and succession
Section 14
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effected by the synod of the diocese electing a new trustee, or new
trustees, by way of addition, and in case of decrease in the number
the decrease shall be effected by the synod of the diocese not
electing a person, or persons, to fill a vacancy, or vacancies,
declared under the provisions of this Act.
14 Vacancies in office of trustees
It shall be lawful for the synod of a diocese for which any church
trust property is for the time being held from time to time by
resolution to declare the existence of a vacancy or vacancies in the
office of trustee of the property, because 1 or more of the trustees
having died, resigned office, refused or neglected, or having become
incapable to act in the office, or having for the space of 6 months
ceased to reside within the diocese, or because of some other matter
to be specified in the resolution, and thereupon or at any time
thereafter the synod of the diocese may elect or by resolution
provide for the election of a person or persons to be, and the person
or persons shall on the election become a trustee or trustees in the
place or places of the trustee or trustees referred to in the resolution.
15 New trustees for allocated property
It shall be lawful for the synod of a diocese to elect a new trustee or
new trustees respectively for church trust property, which may be
allocated under the provisions of this Act for the diocese.
16 Separate trustees
(1) It shall be lawful for the synod of a diocese for which any church
trust property is for the time being held by ordinance to provide for
the election of separate trustees for any part or parts of the property,
and to elect such separate trustees.
(2) Without limiting the application of subsection (1), the synod of the
Diocese of Canberra and Goulburn may appoint, by ordinance, an
incorporated trustee company to be the sole trustee, or 1 of the
trustees, of any church trust property held for that diocese.
Trustees—constitution and succession Part 2
Section 17
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(3) In subsection (2):
incorporated trustee company means an incorporated company the
objects of which include the object of acting as trustee of church
trust property held for the Diocese of Canberra and Goulburn under
an appointment made by ordinance of the synod of that diocese.
17 Provision cumulative
The provisions contained in section 14 are in addition to any other
provision for the time being applicable to any church trust property.
18 Bishops
Every person for the time being acting and recognised as being the
bishop of a diocese, and having been consecrated according to the
manner and form prescribed and used by the Church of England, the
Church of England in Australia or the Anglican Church of Australia,
shall in the construction of all Statutes, Acts, grants, deeds, and
other instruments be deemed to be and shall be the successor of the
bishop of the diocese, notwithstanding that the bishop may not have
been appointed under letters patent from the Crown, or may have
been consecrated in New South Wales or elsewhere without any
mandate or licence being issued by the Crown for the consecration,
and shall in all respects within the diocese have and enjoy all and
singular the same rights, powers, and privileges, whether created by
Statute, Act, grant, deed, or other instrument whatsoever as were
enjoyed or possessed therein by the bishops his predecessors, and in
the case of the diocese of Sydney the Most Reverend John Charles
Wright, D.D, the present Archbishop, and all other persons for the
time being acting and recognised and consecrated and aforesaid,
shall in the construction of such instruments as aforesaid be deemed
to be and shall be the successors from time to time of the Bishop of
Australia and the Bishop of Sydney.
Part 3 Trust property—management, investment and dealings
Section 24
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Part 3 Trust property—management,
investment and dealings
24 Management
It shall be lawful for the synod of a diocese for which any church
trust property is for the time being held, from time to time by
ordinance, to provide and to vary any provision now or afterwards
made for governing and controlling the management and user of
such property for the purposes for which the same is for the time
being held in trust, and for all things incidental to such government
and control, including constitutions of councils, committees, and
other bodies, whether incorporated or not, and the property shall be
held, managed, and used under and in accordance with such
ordinance accordingly, the provisions of the trust instrument or
instruments (if any) to the contrary notwithstanding.
25 Investment
It shall be lawful for the synod of a diocese for which any church
trust property is for the time being held, from time to time by
ordinance, to provide and to vary any provision now or afterwards
made for the investment of such property, and for the pooling of
separate church trust properties for the purpose of investment, and
for averaging gains, losses, and interests, and for all other matters
and things incidental to the investment and pooling.
26 Synod may direct sales etc
(1) It shall be lawful for the synod of the diocese for which any church
trust property is for the time being held if it shall appear to the
synod expedient because of circumstances subsequent to the
creation of the trusts of the property by ordinance to direct that the
property be sold, exchanged, mortgaged, or let on mining, building,
occupation, or other leases, or otherwise dealt with in way provided
by ordinance, and to provide for accepting the surrender of any lease
of the property and for laying out and dedicating parts of the
Trust property—management, investment and dealings Part 3
Section 26A
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property for any purpose or purposes, and to provide for the
application of the real and personal property arising from any sale,
exchange, mortgage, letting, or other dealing as aforesaid.
(2) However, in the cases of the dioceses of Sydney and Canberra and
Goulburn no such ordinance in relation to property held for the sole
benefit of some particular parish shall be assented to under the
Anglican Church of Australia Constitutions Act 1902, in its
application in the ACT, without the written consent of a majority of
the members of the parish council (if any) for the time being of the
parish, and for property gratuitously granted or assured within 20
years before the time being by any private donor without the like
consent of the donor if living.
26A Certain directions may be given in anticipation
(1) This section applies to the diocese of Sydney but does not apply to
any other diocese until an ordinance of the synod of that other
diocese is published in the Gazette under the hand of the Bishop
declaring that this section applies to that other diocese.
(2) The synod of a diocese to which this section applies may by
ordinance—
(a) direct that, on specified real property becoming church trust
property held for the diocese, it may be mortgaged, let on
mining, building, occupation or other leases or otherwise dealt
with as specified in the ordinance; and
(b) provide for the application of the personal property arising
from any such mortgage, letting or other dealing.
27 Deeds of conveyance etc
It shall be lawful for the synod of a diocese by ordinance to direct
what person or persons shall execute the deed or deeds or other
instrument or instruments, and do all acts, measures, and things
necessary for the purpose of carrying into effect the sale, exchange,
mortgage, lease, or other dealing directed by ordinance of the synod
Part 3 Trust property—management, investment and dealings
Section 27A
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of the diocese under the provisions of this Act, and the deed or
deeds, or other instrument or instruments executed, and the acts,
measures, and things done by such person or persons shall take
effect as if the trust instrument relating to the church trust property
comprised in the ordinance had contained a power enabling the
person or persons to effect the sale, exchange, mortgage, lease, or
other dealing, and so as to operate, if necessary, by way of
revocation and appointment of the use or otherwise as the ordinance
shall direct.
27A Certain directions may be given by resolution
(1) This section applies to the Diocese of Sydney but does not apply to
any other diocese until an ordinance of the synod of that other
diocese is published in the Gazette under the hand of the Bishop
declaring that this section applies to that other diocese.
(2) Subject to this section, where the synod of a diocese to which this
section applies is authorised by section 26, 26A or 27 to give a
direction for or with respect to a mortgage, the direction may be
given instead—
(a) by resolution of its synod or of the standing committee of its
synod; and
(b) for the Diocese of Sydney—also by resolution of the Sydney
Church of England Finance and Loans Board;
being, in either case, a resolution that does not contravene or fail to
comply with any ordinance referred to in subsection (3) or (4) that is
applicable.
(3) A direction may not be given under subsection (2) if—
(a) the same direction, if given by ordinance under section 26,
would require a consent referred to in that section before it
could be assented to; and
(b) that consent has not been given.
Trust property—management, investment and dealings Part 3
Section 28
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(4) The synod of a diocese may, by ordinance, restrict or regulate the
right of its members and of the members of its standing committee
to move a resolution referred to in subsection (2) and prescribe the
form that any such resolution shall take, and the synod of the
Diocese of Sydney may similarly restrict, regulate and prescribe in
relation to the Sydney Church of England Finance and Loans Board.
(5) A resolution passed under subsection (2) shall be certified—
(a) by the Registrar of the diocese for which is held the church
trust property to which the resolution relates or by a person for
the time being acting in that office; or
(b) by a secretary of the synod of that diocese or by a person for
the time being acting in that office.
28 Power of corporate trustees to let in certain cases
(1) A corporate body of trustees may let the church trust property vested
in the body on lease for the term or terms that shall from time to
time be approved of by the synod of the diocese for which the
corporate body is constituted, or if the synod be not in session than
as shall be approved of by the standing committee of the diocese.
(2) However, until the first session of the synod after this Act comes
into force in the diocese the corporate body may let such church
trust property for any term of years not exceeding 7.
31 Temporary investments
Pending the application of any money to arise as aforesaid, the
money may, after payment out of the money of all proper costs,
charges, and expenses, be invested in Government or real securities
in New South Wales or in the Commonwealth of Australia, or on
fixed deposit in any bank, credit union or building society, or
otherwise as the Act directing the dealing, or any Act of the synod
of the diocese in force for the time being and applicable thereto may
provide.
Part 4 Variation of trusts
Section 32
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Part 4 Variation of trusts
32 Power of synod to vary trusts etc
(1) If because of circumstances subsequent to the creation of the trusts,
including trusts declared under this section, to which any church
trust property is for the time being subject, it has in the opinion of
the synod of the diocese for which the property is held become
impossible or inexpedient to carry out or observe the trusts, it shall
be lawful for the synod of the diocese by ordinance to declare their
opinion, and the same or any subsequent ordinance to declare other
trusts for or for the use, benefit, or purposes of the Church of
England within the diocese instead of the firstmentioned trusts and
the firstmentioned trusts shall thereupon by force of the ordinance
cease and determine, and the property shall thereupon be held on the
other trusts accordingly.
(2) However, the property shall be dealt with and applied for the benefit
of the Church of England in the parish or parishes (if any) for the
benefit of which the property was immediately before the ordinance
held in trust, and for the same purposes as nearly as may be as the
purposes for which the property was immediately before the
ordinance held unless the synod of the diocese shall by ordinance
declare that because of circumstances, subsequent to the creation of
the firstmentioned trusts, it is, in the opinion of the synod,
impossible or inexpedient to deal with or apply the property or some
part of it for the use or benefit of such parish or parishes or for the
same or the like purposes, in which case the property or the part of it
may be dealt with and applied for the use and benefit of the Church
of England for the other purposes and in the other parish or parishes
in the diocese or otherwise that shall be declared by ordinance of the
synod of the diocese.
Variation of trusts Part 4
Section 32A
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32A Limited substitution of trust of income
(1) In this section:
church trust property does not include church trust property held
for the sole benefit of a particular parish.
prescribed period in relation to an ordinance made under
subsection (3) means—
(a) if the ordinance specifies a particular period of 12 months as
the prescribed period for this section—that period of 12
months; or
(b) in any other case—the period of 12 months that next succeeds
assent to the ordinance by the Bishop of the diocese.
(2) This section applies to the Diocese of Sydney but does not apply to
any other diocese until an ordinance of the synod of that other
diocese is published in the Gazette under the hand of the Bishop
declaring that this section applies to that other diocese.
(3) The synod of a diocese to which this section applies may by
ordinance declare that it is temporarily inexpedient to carry out or
observe the trusts to which the income from that property, or a
specified part of that income, is subject.
(4) If the synod of a diocese makes an ordinance under subsection (3)
with respect to any income it may, by the same or a subsequent
ordinance, declare that, during the prescribed period for the
ordinance, that income is held on trusts, specified in the ordinance,
for or for the use, benefit or purposes (whether within or beyond that
diocese or the State) of the Anglican Church of Australia.
(5) Income to which a declaration under subsection (4) relates shall,
during the prescribed period for the ordinance by which the
declaration is made, be held on the trusts specified in that ordinance
to the exclusion of any other trusts to which it was subject and shall,
at the end of that prescribed period, become again subject to those
other trusts.
Part 5 Miscellaneous
Section 37
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Part 5 Miscellaneous
37 Repeal or amendment of ordinance
Subject and without prejudice to any past operation of any
ordinance made or resolution passed under the provisions of this Act
or any Act hereby repealed, and subject and without prejudice to
any estate, right, privilege, obligation or liability vested, acquired,
accrued, or incurred under any such ordinance or resolution—
(a) the synod of a diocese may by ordinance repeal or amend—
(i) any ordinance made by that synod; or
(ii) any resolution passed by that synod or its standing
committee; or
(iii) if the diocese is the Diocese of Sydney—any resolution of
the Sydney Church of England Finance and Loans Board;
and
(b) the standing committee of the synod of a diocese may by
resolution repeal or amend any resolution of that committee;
and
(c) the Sydney Church of England Finance and Loans Board may
by resolution repeal or amend any resolution of that board.
38 Delegation of powers etc by bishop
During the absence from New South Wales of a bishop of a diocese,
a commissary appointed by the bishop may exercise all the powers
and functions, and do and make all the things referred to in this Act,
or such of them as shall be referred to in the appointment, as the
case may be, in the place of the bishop.
39 Delegation of powers etc of bishop by ordinance
During the absence of a bishop as aforesaid and if no commissary is
appointed as aforesaid or some only of such powers, functions, and
Miscellaneous Part 5
Section 40
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things are referred to in the appointment of the commissary, or
during the incapacity of a bishop of a diocese arising from illness or
any cause other than such absence as aforesaid, or during a vacancy
in the see, the person or persons appointed for the purpose or
purposes by ordinance of the synod of the diocese or in default of
such ordinance or so far as the same shall not extend to any of such
purposes the person next in ecclesiastical rank or degree in the
diocese and resident in it may exercise all the powers and functions
and do and make all the things referred to in this Act or such of
them as are not referred to in any such appointment of a commissary
as aforesaid, as the case may be, in the place of the bishop.
40 Delegation of powers etc of synod
(1) During the recess of the synod of a diocese such committee, council,
or other body of persons (if any) as shall from time to time be
constituted or appointed for the purpose by or under ordinance of
the synod of the diocese may, in place of the synod of the diocese,
exercise such of the powers and functions, and do and make such of
the things referred to in this Act that shall from time to time be
determined by ordinance of the synod of the diocese, and the synod
of the diocese may, for the purpose aforesaid, from time to time by
ordinance regulate the procedure of such committee, council, or
other body of persons.
(2) However, no ordinance passed by any such committee, council, or
other body of persons as aforesaid shall take effect or have any
validity unless within 1 month after the passing of the ordinance it
shall be assented to under the Anglican Church of Australia
Constitutions Act 1902 in its application in the ACT.
41 Validity of acts etc under delegation
The preceding provisions of this Act shall, so far as applicable,
apply to all powers, functions, and things so exercised, done, and
made in the place of the bishop of the diocese and in the place of the
synod of the diocese as in this part respectively provided for, as if
Part 5 Miscellaneous
Section 42
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the powers, functions, and things had been validly exercised, done,
and made by the bishop of the diocese, or by the synod of the
diocese, as the case may be.
42 Notification about trustees
Each ordinance made under this Act under section 9, 10, 11, 13 or
16, and each resolution and election made under section 12, 14, 15
or 16, and each consent given under section 19, or under the
Anglican Church of Australia Trust Property Act 1928, section 4,
shall be forthwith notified in the Gazette under the hand of the
bishop of the diocese.
45 New dioceses
(1) A provincial synod convened or held under the provisions of the
Anglican Church of Australia Constitutions Act 1902, in its
application in the ACT, may make ordinances for and with respect
to—
(a) the formation of new dioceses; and
(b) the alteration of boundaries of dioceses.
(2) A new diocese shall not be formed by separation of any area from a
diocese unless the synod of the diocese consents by an ordinance to
the separation.
(3) A new diocese shall not be formed by the union of 2 or more
dioceses, or parts of dioceses, unless the synod of each of those
dioceses consents by an ordinance to the union.
(4) The boundaries of a diocese shall not be altered unless the synod of
the diocese consents by an ordinance to the alteration.
(5) For the Diocese of Sydney the consent shall not be valid unless the
ordinance is passed with an absolute majority in each order.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
am = amended ord = ordinance
amdt = amendment orig = original
ch = chapter par = paragraph/subparagraph
def = definition pres = present
dict = dictionary prev = previous
disallowed = disallowed by the Legislative (prev...) = previously
Assembly pt = part
div = division r = rule/subrule
exp = expires/expired renum = renumbered
Gaz = gazette reloc = relocated
hdg = heading R[X] = Republication No
IA = Interpretation Act 1967 RI = reissue
ins = inserted/added s = section/subsection
LA = Legislation Act 2001 sch = schedule
LR = legislation register sdiv = subdivision
LRA = Legislation (Republication) Act 1996 sub = substituted
mod = modified/modification SL = Subordinate Law
o = order underlining = whole or part not commenced
om = omitted/repealed or to be expired
Endnotes
3 Legislation history
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3 Legislation history
This Act was originally a NSW Act—the Church of England Trust Property Act
1917 A1917-21 (NSW).
The Church of England Trust Property Act 1917 (NSW) was renamed as the
Anglican Church of Australia Trust Property Act 1917 by the Church of England
Trust Property (Amendment) Act 1976 (NSW).
Certain sections of the Anglican Church of Australia Trust Property Act 1917
(NSW) (as amended by the Church of England Trust Property (Amendment) Act
1923 (NSW)), the Anglican Church of Australia Trust Property Amendment Act
(No 2) 1923 (NSW) and the Church of England Trust Property (Amendment) Act
1976 (NSW) were applied, in a modified form, in relation to the ACT ‘as if the
Territory were part of the State of New South Wales’ by the Church of England
Trust Property Ordinance 1928 (now the Anglican Church of Australia Trust
Property Act 1928) A1928-19, section 16 (see also s 3, def of the Act and sch 2).
Section 16 was inserted by the Church of England Trust Property Ordinance
1941 Ord1941-10 and later amended by the Church of England in Australia
Ordinance 1980 Ord1980-41 and the Anglican Church of Australia Ordinance
1980 Ord1980-42.
The sections applied were sections 5 to 18, 24 to 28, 31, 32, 32A, 37 to 42 and 45.
Under the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force
in the ACT immediately before 10 November 1999 (including this Act) became,
for all purposes, laws made by the ACT Legislative Assembly. This completed
the process of making former NSW Acts fully into ACT laws.
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),
s 12).
NSW legislation
Anglican Church of Australia Trust Property Act 1917 A1917-21
assented to 7 November 1917
commenced 7 November 1917
Endnotes
Legislation history 3
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as amended by
Church of England Trust Property (Amendment) Act 1923 Act 1923
No 26
assented to 8 December 1923
commenced 8 December 1923
Note This Act is not relevant to the sections of the 1917 Act that
apply in the ACT.
Church of England Trust Property (Amendment) Act (No 2) 1923 Act
1923 No 28
assented to 14 December 1923
commenced 14 December 1923
Note This Act also contains provisions that are not relevant to the
sections of the 1917 Act that apply in the ACT.
Church of England Trust Property (Amendment) Act 1923 Act 1923
No 26
assented to 8 December 1923
commenced 8 December 1923
Note This Act is not relevant to the sections of the 1917 Act that
apply to the ACT.
Commonwealth legislation
Anglican Church of Australia Trust Property Act 1928 A1928-19 sch 2
(as am Ord1941-10, Ord1980-41 and Ord1980-42)
notified 6 September 1928
commenced 6 September 1928
Church of England in Australia Ordinance 1941 Ord1941-10
notified 4 September 1941
commenced 4 September 1941
Note This Act amended the Church of England Trust Property
Ordinance 1928 (now the Anglican Church of Australia Trust
Property Act 1928) A1928-19. The effect of the amendments
was to apply provisions of the Anglican Church of Australia
Trust Property Act 1917 (NSW) (then the Church of England
Trust Property Act 1917 (NSW)), in a modified form, in the
ACT.
Endnotes
3 Legislation history
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NSW legislation
Church of England Trust Property (Amendment) Act 1950 Act 1950
No 4
assented to 24 March 1950
commenced 24 March 1950
Note The amendments made by this Act were not applied in the
ACT.
Commonwealth legislation
Church of England in Australia Ordinance 1980 Ord1980-41
notified 27 November 1980
commenced 27 November 1980
Note This Act amended the Church of England Trust Property
Ordinance 1928 (now the Anglican Church of Australia Trust
Property Act 1928) A1928-19, section 16. The Act did not
directly amend the provisions of the Anglican Church of
Australia Trust Property Act 1917 applying in the ACT.
However, the effect of the amendments was to change the
provisions of the 1917 Act applying in the ACT.
Anglican Church of Australia Ordinance 1980 Ord1980-42
notified 27 November 1980
commenced 24 August 1981 (s 2 and Cwlth Gaz 1981 No G7)
Note This Act amended the Church of England Trust Property
Ordinance 1928 (now the Anglican Church of Australia Trust
Property Act 1928) A1928-19, section 16 (see also s 6,
substituted def of the Act and new sch 2 inserted by that
ordinance). The Act did not directly amend the provisions of
the Anglican Church of Australia Trust Property Act 1917
applying in the ACT. However, the effect of the amendments
was to change the provisions of the 1917 Act applying in the
ACT.
Legislation after becoming Territory enactment
Financial Institutions (Removal of Discrimination) Act 1997 A1997-88
sch
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch commenced 31 December 1997 (s 2 (2) and Gaz 1997 No S442)
Endnotes
Amendment history 4
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Legislation (Consequential Amendments) Act 2001 A2001-44 pt 13
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 13 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.6
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.6 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.1
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))
sch 3 pt 3.1 commenced 27 December 2007 (s 2)
4 Amendment history
Preliminary
pt 1 hdg ins A2001-44 amdt 1.125
Name of Act
s 1 ins A2007-3 amdt 3.24
Application of Legislation Act
s 2 ins A2001-44 amdt 1.125
Trustees—constitution and succession
pt 2 hdg ins A2007-39 amdt 3.1
Existing corporate bodies
s 5 ss and pars num R2 LA
Separate trustees
s 16 am Ord1928-19 s 16 (as am Ord1980-41 s 22)
Bishops
s 18 am Ord1928-19 sch 2 (as am Ord1980-42 s 10)
Trust property—management, investment and dealings
pt 3 hdg ins A2007-39 amdt 3.2
Synod may direct sales etc
s 26 am Ord1928-19 sch 2 (as am Ord1980-42 s 10); ss num R2
LA
Power of corporate trustees to let in certain cases
s 28 ss num R2 LA
Endnotes
5 Earlier republications
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Temporary investments
s 31 am A1997-88 sch
Variation of trusts
pt 4 hdg ins A2007-39 amdt 3.3
Power of synod to vary trusts etc
s 32 ss num R2 LA
Limited substitution of trust of income
s 32A am Ord1928-19 sch 2 (as am Ord1980-42 s 10)
Miscellaneous
pt 5 hdg ins A2007-39 amdt 3.4
Repeal or amendment of ordinance
s 37 am Ord1928-19 sch 2 (as am Ord1980-42 s 10)
Delegation of powers etc of synod
s 40 am Ord1928-19 sch 2 (as am Ord1980-42 s 10); ss num R2
LA
Notification about trustees
s 42 am Ord1941-10 s 3
New dioceses
s 45 ins Act 1923 No 28 (NSW) s 2
am Ord1928-19 sch 2 (as am Ord1980-42 s 10)
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications
are marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication No Amendments to Republication date
1 Ord1980-42 31 August 1992
2 A2001-44 30 August 2002
3 A2007-3 12 April 2007