Australian Capital Territory
Presbyterian Church (Proposals for
Union with other Churches) Act 1972
No 17
Republication No 2
Republication date: 24 July 2002
Last amendment made by A2001-44
Amendments incorporated to 12 September 2001
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Presbyterian Church (Proposals for Union with other
Churches) Act 1972 (including any amendment made under the Legislation Act 2001, part
11.3 (Editorial changes)) as in force on 24 July 2002. It also includes any amendment,
repeal or expiry affecting the republished law to 12 September 2001.
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 includes 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.
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Amendments incorporated to
12 September 2001
Australian Capital Territory
Presbyterian Church (Proposals for
Union with other Churches) Act 1972
Contents
Page
1 Name of Act 2
2 Definitions for Act 2
3 Provisions applicable if less than 1/3 of members of a
congregation vote ‘Yes’ to second question 2
4 Provisions applicable if 1/3 or more vote ‘Yes’ to second question 3
5 Application for determination of trusts by commission 3
6 Dealings with congregational property pending determination by
commission 4
7 Constitution of commission 4
8 Hearing and determination by commission 5
9 Effect of determination by the commission 5
10 Regulation-making power 5
Contents
Page
contents 2 Presbyterian Church (Proposals for Union with other
Churches) Act 1972
R2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Schedule 1 Provisions relating to voting by members
of congregations 6
Endnotes
1 About the endnotes 8
2 Abbreviation key 8
3 Legislation history 9
4 Amendment history 10
5 Earlier republications 10
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Amendments incorporated to
12 September 2001
Australian Capital Territory
Presbyterian Church (Proposals for
Union with other Churches) Act 1972
An Act to make provision in relation to the trusts on which property of the
Presbyterian Church of Australia is to be held
Section 1
page 2 Presbyterian Church (Proposals for Union with other
Churches) Act 1972
R2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
1 Name of Act
This Act is the Presbyterian Church (Proposals for Union with
other Churches) Act 1972.
2 Definitions for Act
In this Act:
Note A definition applies except so far as the contrary intention appears
(see Legislation Act 2001, s 155).
church trust property—see the Trust Property Act.
congregation—see the Trust Property Act.
the Church—see the Trust Property Act.
the commission means the commission referred to in section 7.
the General Assembly means the General Assembly of the
Presbyterian Church of Australia.
the Trust—see the Trust Property Act.
the Trust Property Act means the Presbyterian Church Trust
Property Act 1971.
3 Provisions applicable if less than 1/ 3 of members of a
congregation vote ‘Yes’ to second question
If—
(a) the members of each congregation in the ACT have voted,
in accordance with schedule 1, clause 2, on the questions
set out in schedule 1, clause 1 relating to a proposed union
of the Church with another church or other churches; and
(b) less than 1/ 3 of the members of a congregation who voted
on the questions voted ‘Yes’ on the second question; and
(c) the General Assembly has resolved to enter into union with
another church or churches;
Section 4
R2 Presbyterian Church (Proposals for Union with other
Churches) Act 1972
page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
all property held by the Trust on behalf of that congregation
shall, unless an application is made as provided by section 5
cease, on the passing of that resolution, to be church trust
property within the meaning of the Trust Property Act and shall
be held by the Trust for the purposes of the church to be formed
as a result of the union specified in the resolution.
4 Provisions applicable if 1/ 3 or more vote ‘Yes’ to
second question
If—
(a) the members of each congregation in the ACT have voted,
in accordance with schedule 1, clause 2, on the questions
set out in schedule 1, clause 1 relating to a proposed union
of the Church with another church or other churches; and
(b) 1/ 3 or more than 1/ 3 of the members of a congregation who
voted on the questions voted ‘Yes’ on the second of the
questions; and
(c) the General Assembly has resolved to enter into union with
another church or churches;
all property held by the Trust on behalf of that congregation
shall, unless an application is made as provided by section 5,
continue to be church trust property within the meaning of the
Trust Property Act and shall be held by the Trust as if this Act
had not been made.
5 Application for determination of trusts by commission
At any time after the counting of votes cast by members of a
congregation and before the General Assembly has resolved to
enter into union with other churches, an application signed by
not less than 1/ 20 of the members of the congregation who were
entitled to cast a vote may be made to the General Assembly
requesting the General Assembly, in the event of the General
Assembly resolving to enter into union with other churches, to
Section 6
page 4 Presbyterian Church (Proposals for Union with other
Churches) Act 1972
R2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
refer for hearing and determination by a commission to be
constituted by the General Assembly the question on what trusts
the property held, on the date of the resolution, by the Trust on
behalf of the congregation is thereafter to be held by the Trust.
6 Dealings with congregational property pending
determination by commission
If an application is made by members of a congregation in
accordance with section 5, property that is, on the day when the
General Assembly resolves to enter into union with the other
church or churches, held by the Trust on behalf of the
congregation shall continue, after that day and unless the
commission makes, under section 8 a determination to the
contrary in relation to that property, to be held by the Trust as if
this Act had not been made.
7 Constitution of commission
(1) If—
(a) an application is made under section 5; and
(b) the General Assembly resolves to enter into union with
another church or other churches;
the General Assembly shall refer the application to a
commission consisting of—
(c) 2 groups, each of the same number, one group representing
persons who have voted in favour of the union and the
other group representing persons who have voted to remain
in membership of the Presbyterian Church of Australia;
and
(d) 3 independent persons acceptable to both of those groups;
who shall be appointed by the General Assembly.
Section 8
R2 Presbyterian Church (Proposals for Union with other
Churches) Act 1972
page 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(2) The General Assembly shall appoint 1 of the persons referred to
in subsection (1) (d) to be chairperson of the commission.
8 Hearing and determination by commission
The commission shall, as soon as practicable after an
application under section 5 is referred to it, hear, in accordance
with the procedure prescribed by the regulations, the application
and shall make, in accordance with the principles specified in
the regulations as the principles to be applied by it, a
determination specifying the trusts on which the property
referred to in the application is to be held.
9 Effect of determination by the commission
If the commission has determined that property be held by the
Trust for the purposes of the church to be formed as a result of
the union, that property shall, on and from the date of the
determination by the commission, cease to be church trust
property within the meaning of the Trust Property Act and shall
be held, on and from that date and until other provision is made
by law, by the Trust for the purposes of the church to be formed
as a result of the union.
10 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act 2001.
Schedule 1 Provisions relating to voting by members of congregations
page 6 Presbyterian Church (Proposals for Union with other
Churches) Act 1972
R2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Schedule 1 Provisions relating to voting
by members of
congregations
(see s 3 (1), s 4 (1))
1 The following questions are the questions on which the
members of a congregation are to vote:
(a) Do you desire this congregation to become a congregation
of the church which may result from the proposed union?
(b) Should the required majority vote for union be obtained in
presbyteries, state general assemblies and the general
assembly of Australia, do you desire to remain in
membership of any Presbyterian Church of Australia
continuing to function on the present basis?
2 (1) For the purpose of enabling members of congregations to vote
on the questions set out in clause 1, all sessions shall have
purged their communion roles as at a date specified by a
commission of the General Assembly appointed by the General
Assembly for the purpose and shall have submitted to the
presbytery of the bounds a voting register in duplicate showing
all names on the communion roll at the date of the submission
to the presbytery.
(2) Both copies of the voting register shall be certified by the
moderator and clerk of the session as being the voting register.
(3) The presbytery of the bounds shall following the submission to
it of the voting register attest both copies and shall return 1 copy
to the session from which it was received and shall retain the
other copy.
(4) Only those persons whose names are on an attested voting
register may take part in the vote.
(5) Sessions shall make available voting papers containing the said
questions at least 14 days before a date fixed by the session for
Provisions relating to voting by members of congregations Schedule 1
R2 Presbyterian Church (Proposals for Union with other
Churches) Act 1972
page 7
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
the close of voting, upon which the voters shall indicate whether
their answer is ‘Yes’ or ‘No’ to each of the questions.
(6) Voting papers must be signed by the voter and returned prior to
the close of voting.
(7) The session shall count the votes and transmit the number of
‘Yes’ votes and the number of ‘No’ votes cast with respect of
each question to the clerk of the presbytery of the bounds for
transmission to the clerk of the assembly through the clerk of
the state general assembly.
Endnotes
1 About the endnotes
page 8 Presbyterian Church (Proposals for Union with other
Churches) Act 1972
R2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
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.
If the republished law includes penalties, current information about penalty
unit values appears on the republication inside front cover.
2 Abbreviation key
am = amended ord = ordinance
amdt = amendment orig = original
ch = chapter p = page
cl = clause par = paragraph
def = definition pres = present
dict = dictionary prev = previous
disallowed = disallowed by the Legislative (prev...) = previously
Assembly prov = provision
div = division pt = part
exp = expires/expired r = rule/subrule
Gaz = Gazette reg = regulation/subregulation
hdg = heading renum = renumbered
IA = Interpretation Act 1967 reloc = relocated
ins = inserted/added R[X] = Republication No
LA = Legislation Act 2001 s = section/subsection
LR = legislation register sch = schedule
LRA = Legislation (Republication) Act 1996 sdiv = subdivision
mod = modified / modification sub = substituted
No = number SL = Subordinate Law
num = numbered underlining = whole or part not commenced
o = order or to be expired
om = omitted/repealed
Endnotes
Legislation history 3
R2 Presbyterian Church (Proposals for Union with other
Churches) Act 1972
page 9
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
3 Legislation history
This Act was originally a Commonwealth ordinance—the Presbyterian
Church (Proposals for Union with other Churches) Ordinance 1972
Ord1972-17 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth),
s 34 (4) converted most former Commonwealth ordinances in force in the
ACT into ACT enactments. This allowed the ACT Legislative Assembly to
amend and repeal the laws. This Act was converted into an ACT enactment
on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989
A1989-21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),
s 12).
Legislation before becoming Territory enactment
Presbyterian Church (Proposals for Union with other Churches)
Act 1972 A1972-17
notified 16 June 1972
commenced 16 June 1972
as amended by
Ordinances Revision (Administrative Arrangements) Ordinance
1977 Ord1977-18 pt 6
notified 21 June 1977
pt 6 commenced 21 June 1977
Self-Government (Consequential Amendments) Ordinance 1989
Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989
No S164)
Endnotes
4 Amendment history
page 10 Presbyterian Church (Proposals for Union with other
Churches) Act 1972
R2
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Legislation after becoming Territory enactment
Legislation (Consequential Amendments) Act 2001 A2001-44
pt 294
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 294 commenced 12 September 2001 (s 2 and see Gaz 2001 No
S65)
4 Amendment history
Regulation-making power
s 10 am Ord1977-18 s 12; Ord1989-38 sch 1
sub A2001-44 amdt 1.3273
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. Except for the
footer, electronic and printed versions of an authorised republication are
identical.
Republication No Amendments to Republication date
1 Ord1989-38 1 July 1993
Section 1 - Presbyterian Church (Proposals for Union with other Churches) Act 1972 - Presbyterian Church (Proposals for Union with other Churches) Act 1972 | Zoe