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Uniting Church in Australia Act 1977
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Australian Capital Territory
Uniting Church in Australia Act 1977
A1977-15
Republication No 3
Effective: 1 March 2012
Republication date: 1 March 2012
Last amendment made by A2011-48
Not all provisions are in force: see last endnote
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About this republication
The republished law
This is a republication of the Uniting Church in Australia Act 1977 (including any amendment
made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 March
2012. It also includes any commencement, amendment, repeal or expiry affecting this
republished law to 1 March 2012.
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, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
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 the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for
an individual and $550 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Uniting Church in Australia Act 1977
Contents
Page
Part 1 Preliminary
1 Name of Act 2
4 Definitions for Act 2
Part 2 Establishment of the trust
5 Establishment of trust 4
6 Nature and powers of trust 4
7 Constitution of trust 5
8 Proceedings of trust 5
9 Common seal 5
10 Form and execution of contracts etc 5
Part 3 Acquisition and vesting of trust property
11 Vesting of property in trust 7
12 Transfer of property to trust 9
Contents
Page
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13 Rights and liabilities of trust 10
Part 4—Miscellaneous
14 Acquisition etc of property 11
15 Receipt for money 11
16 Exoneration from inquiry 11
17 Service of documents 12
18 How trust may hold property 12
19 Cooperative use of property 12
20 Variation of trusts 14
21 Trust to indemnify certain persons 14
22 Dealing with trust funds 15
Schedule 1 Basis of Union 16
Endnotes
1 About the endnotes 28
2 Abbreviation key 28
3 Legislation history 29
4 Amendment history 31
5 Earlier republications 32
6 Uncommenced provision 32
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Australian Capital Territory
Uniting Church in Australia Act 1977
An Act to establish The Uniting Church in Australia (Australian Capital
Territory) Property Trust, and for related purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Uniting Church in Australia Act 1977.
4 Definitions for Act
In this Act:
Note A definition applies except so far as the contrary intention appears (see
Legislation Act 2001, s 155).
Assembly means the Assembly of the Church referred to in
paragraph 15 (e) of the Basis of Union and includes the first
Assembly of the Church referred to in that paragraph.
Basis of Union means the Basis of Union for the formation of the
Church, a copy of which is set out in schedule 1.
Church means The Uniting Church in Australia.
Congregational Church means—
(a) the Congregational Union of Australia; and
(b) the Congregational Unions in each of the States of the
Commonwealth; and
(c) the individual Congregational Churches that have resolved to
enter into union with the Methodist and Presbyterian Churches;
and
(d) any department, society, auxiliary, activity, fund, service,
institution or interest of a Union referred to in paragraph (a) or
(b) or of a Congregational Church referred to in paragraph (c).
Methodist Church means the Methodist Church of Australasia,
other than the Conferences of Fiji, Samoa and Tonga, and includes
any congregation, circuit, department, society, auxiliary, activity,
Preliminary Part 1
Section 4
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fund, service, institution or interest of the Methodist Church of
Australasia.
Presbyterian Church means the Presbyterian Church of Australia.
property means real and personal property and any estate or interest
in real or personal property.
Synod means the Synod of the Church for the State of New South
Wales, being a synod within the meaning of paragraph 15 (d) of the
Basis of Union.
trust means The Uniting Church in Australia (Australian Capital
Territory) Property Trust established by section 5.
trust property means property vested in or acquired by the trust
under this Act.
Part 2 Establishment of the trust
Section 5
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Part 2 Establishment of the trust
5 Establishment of trust
(1) There shall be a trust by the name of The Uniting Church in
Australia (Australian Capital Territory) Property Trust.
(2) Subject to section 11 (7), the trust shall hold trust property in trust
for the Church.
(3) The trust shall hold, manage, administer and otherwise deal with
trust property in accordance with the directions and resolutions of
the Assembly.
6 Nature and powers of trust
The trust—
(a) is a body corporate with perpetual succession; and
(b) shall have a common seal; and
(c) may acquire, hold and dispose of or otherwise deal with real
and personal property; and
(d) may sue and be sued in its corporate name; and
(e) may enter into contracts; and
(f) may mortgage, charge or otherwise encumber any of its
property; and
(g) may borrow money for the trust; and
(h) has, in addition to the powers expressly given to it by this Act,
the other powers necessary or convenient for the exercise of its
functions under the Act.
Establishment of the trust Part 2
Section 7
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7 Constitution of trust
The trust shall consist of the persons who, for the time being, hold
office as members of The Uniting Church in Australia Property
Trust (N.S.W.), being the body corporate of that name constituted
by the Uniting Church in Australia Act 1977 (NSW).
8 Proceedings of trust
(1) At a meeting of the trust, 3 members of the trust constitute a
quorum.
(2) Questions arising at a meeting of the trust shall be determined by a
majority of the votes of the members of the trust present and voting.
(3) The method of calling meetings of the trust and the procedure to be
followed at those meetings shall be as determined from time to time
by the members of the trust.
9 Common seal
(1) The members of the trust may determine the form of the common
seal of the trust.
(2) The members of the trust shall have the custody of the common seal
of the trust.
(3) The common seal of the trust shall be attached to the documents or
classes of documents that the members of the trust determine.
(4) The attaching of the common seal of the trust shall be attested by
not less than 2 members of the trust.
10 Form and execution of contracts etc
(1) An instrument that, if made by an individual, would be by law
required to be in writing under seal may be made on behalf of the
trust in writing under the common seal of the trust.
Part 2 Establishment of the trust
Section 10
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(2) A contract that, if made between individuals, would be by law
required to be in writing signed by the parties to be charged may be
made on behalf of the trust in writing signed by a person acting
under its authority express or implied.
(3) A contract that, if made between individuals, would by law be valid
although made by parol only, and not reduced into writing, may be
made by parol on behalf of the trust by a person acting under its
authority express or implied.
(4) A contract or other instrument relating to trust property entered into
or signed on behalf of the trust shall, if it is entered into or signed in
accordance with a resolution of the Synod, be deemed to have been
entered into or signed with the express authority of the trust.
(5) The trust may, by written notice under its common seal, empower a
person, in relation to a matter specified in the notice, as its agent or
attorney to execute a deed on its behalf and a deed signed by the
agent or attorney on behalf of the trust and under his or her seal
binds the trust and has the same effect as if it were under its
common seal.
Acquisition and vesting of trust property Part 3
Section 11
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Part 3 Acquisition and vesting of trust
property
11 Vesting of property in trust
(1) The estate or interest of the Congregational Union of Australia
Corporation in the land referred to in the following table is, by force
of this section, divested from the corporation and, without any
transfer, vested in the trust.
Table 1
column 1
item
column 2
block
column 3
section
column 4
division
1 22 City
2 13 40 Melba
3 1 39 Weetangera
U (2) Any property, other than the property specified in the table in
subsection (1), that, immediately before the date of commencement
of this subsection, was vested in the Congregational Union of
Australia Corporation is divested from that corporation and is,
without any conveyance or transfer, vested in the trust.
(3) Any property that, immediately before the date of commencement
of this subsection, was vested in a person, other than the
Congregational Union of Australia Corporation, in trust for the
Congregational Church is divested from that person and is, without
any conveyance or transfer, vested in the trust.
(4) Any property that, immediately before the date of commencement
of this subsection—
(a) was vested in The Methodist Trust Association or the
Methodist Church (N.S.W.) Property Trust; or
Part 3 Acquisition and vesting of trust property
Section 11
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(b) was vested in any other person in trust for the Methodist
Church;
is divested from that association or trust or other person in whom it
was so vested and is, without any conveyance or transfer, vested in
the trust.
(5) Any property that, immediately before the date of commencement
of this subsection—
(a) was vested in the Presbyterian Church Trust (other than
property to which the Presbyterian Church Act, section 4 or 6
applies); or
(b) was vested in any other person in trust for—
(i) the Presbyterian Church; or
(ii) a congregation, board or committee of management,
session, presbytery, committee, council, board or other
institution, organisation or section of the Presbyterian
Church;
is divested from the Presbyterian Church Trust or other person in
whom it was so vested and is, without any conveyance or transfer,
vested in the trust.
(6) If property is vested in the trust under this section, the property—
(a) is, subject to subsection (7), freed and discharged from the
trusts on which it was held immediately before vesting in the
trust; and
(b) shall be held, and may be dealt with, by the trust in accordance
with the provisions of this Act.
(7) If, in relation to property vested in the trust by this section, there
existed in relation to the property, immediately before the property
so vested—
Acquisition and vesting of trust property Part 3
Section 12
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(a) a special trust, a resulting trust, a trust in favour of a donor or a
general trust; or
(b) a reservation, mortgage, charge, encumbrance, lien or lease;
the property shall be held by the trust subject to that special trust,
resulting trust, trust in favour of a donor, general trust, reservation,
mortgage, charge, encumbrance, lien or lease, as the case may be.
(8) No attornment to the trust by a lessee of any land vested in the trust
under this section is necessary.
(9) In this section:
general trust means a trust in favour of a person other than the
Congregational Church, Methodist Church or Presbyterian Church.
Methodist Church (N.S.W.) Property Trust means the body
corporate of that name constituted by the Methodist Church
(N.S.W.) Property Trust Act 1969 (NSW).
Presbyterian Church Act means the Presbyterian Church
(Proposals for Union with other Churches) Act 1972.
Presbyterian Church Trust means the Presbyterian Church
(Australian Capital Territory) Property Trust established by the
Presbyterian Church Trust Property Act 1971, section 4.
special trust means a trust other than a trust for the general purposes
of the Congregational Church, Methodist Church or Presbyterian
Church.
The Methodist Trust Association means the company of that name
registered in the State of New South Wales on 26 March 1930.
12 Transfer of property to trust
(1) If, by a will, deed or other instrument, property—
Part 3 Acquisition and vesting of trust property
Section 13
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(a) is devised, bequeathed, given, granted, released, conveyed or
appointed to the Church or to a person (other than the trust) to
be held for, or on trust for, or for the benefit of, the Church; or
(b) is declared or directed to be held by a person (other than the
trust) for, or on trust for, or for the benefit of, the Church; or
(c) is recoverable by, or payable to, the Church or a person (other
than the trust) for the benefit of the Church; or
(d) is payable for the religious, social, educational or charitable
work of the Church;
the will, deed or instrument shall be construed and shall take effect
as if a reference in the will, deed or instrument to the Church or to
that person, as the case may be, were a reference to the trust.
(2) Unless the contrary intention appears, a reference in a will, deed or
other instrument to the Congregational Church or the Methodist
Church shall, in relation to—
(a) the operation of the will, deed or instrument after the
commencement of this section; and
(b) the effect, after that commencement, of any disposition of
property made, or right or obligation created, by the will, deed
or instrument,
be read as a reference to the Church.
13 Rights and liabilities of trust
If property is vested in the trust under this Act, the trust has, and
may exercise, the same rights, powers and remedies, and is subject
to the same liabilities and obligations, in relation to that property, as
the person in whom the property was vested immediately before the
vesting of the property in the trust would have had, could have
exercised or would have been subject to, as the case may be, in
relation to that property, if the property had not been divested from
him or her and vested in the trust.
Miscellaneous Part 4
Section 15
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Part 4—Miscellaneous
14 Acquisition etc of property
Subject to any resolution or direction of the Assembly or of a
committee appointed by it for the purpose, the trust may—
(a) act in relation to the exchange, surrender, dedication or
compulsory acquisition of trust property; and
(b) make claims for compensation; and
(c) agree to and settle a claim on the terms and conditions it
considers appropriate.
15 Receipt for money
A receipt for money paid to the trust shall, if the receipt—
(a) is under the common seal of the trust and the seal has been
affixed in accordance with this Act; or
(b) is in writing signed by 2 members of the trust; or
(c) is in writing signed by a person or persons authorised by the
trust or 2 or more members of the trust to receive that money;
exonerate the mortgagee, purchaser or other person paying the
money from all liability for supervising the application of that
money and for the loss, misapplication or non-application of that
money.
16 Exoneration from inquiry
If the trust enters into or purports to enter into a sale, exchange,
mortgage, lease or other dealing with another person, neither that
other person nor the registrar-general when acting in connection
with that dealing—
Part 4 Miscellaneous
Section 17
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(a) shall be concerned to inquire into the necessity for, or the
propriety of, the exercise by the trust of its powers or the mode
of exercising its powers; or
(b) shall be affected by notice that the exercise of a power of the
trust is unauthorised, irregular or improper.
17 Service of documents
A notice, process or other document may be served on or given to
the trust by delivering it to—
(a) the Moderator, Secretary or Property Officer of the Synod; or
(b) a person apparently authorised by the trust to accept service.
18 How trust may hold property
The trust may hold or acquire property either alone or jointly with
another person or other persons and, if the trust holds or acquires
property jointly with another person or other persons, the property
may be held or acquired by the trust and that other person or those
other persons either as joint tenants or tenants in common.
19 Cooperative use of property
(1) If the Church, in accordance with the directions and resolutions of
the Assembly, decides to enter into a scheme of cooperation with or
involving a church, or a congregation or activity of a church, of
another denomination, being a scheme that involves the use of trust
property, the trust may, while the scheme of cooperation continues
in force, permit the property to be used, managed and administered
in connection with the scheme in the way and on the conditions that
the Synod, or a committee appointed by it, determines.
(2) The conditions that may be determined under subsection (1) include,
without limiting that subsection, conditions with respect to—
(a) the making of contributions of money for the acquisition,
construction, alteration, maintenance or repair of assets vested
Miscellaneous Part 4
Section 19
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in or held on behalf of a cooperating church or congregation;
and
(b) the giving or taking of security in relation to any property in
connection with a contribution received or made under the
scheme.
(3) The proceeds of the sale, mortgage or other dealing with any
property referred to in this section may be paid and applied in the
way that the Synod or, if a committee has been appointed by it for
subsection (1), the committee determines.
(4) Neither a person (the transferee) dealing bona fide and for value
with the Trust in connection with trust property nor the registrar-
general when acting in connection with a dealing with trust property
shall, only because of this Act or the existence of a scheme of
cooperation, be concerned to inquire whether a security is in force,
or be deemed to have notice of, or be bound by, a security in force,
under this section in relation to the property and—
(a) a conveyance, transfer or other assurance of the property to the
transferee shall operate as a discharge of a security in force
under this section in relation to the property, so far as the
property would, apart from this subsection, be subject to the
security; and
(b) a mortgage or charge in relation to the property in favour of the
transferee shall have priority over a security in force under this
section in relation to the property.
(5) This section applies to and in relation to all property at any time
held by the Trust except to the extent that the property is held
subject to an express trust expressly forbidding its use, management
or administration in a way referred to in this section.
(6) Subsection (5) does not apply to prevent the use of property in a
way referred to in this section if the property is merely directed to be
held on trust for the worship or purposes of the Church.
Part 4 Miscellaneous
Section 20
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20 Variation of trusts
(1) If the Synod has, by resolution, declared that, in its opinion, it is
impossible, impracticable or inexpedient to carry out or observe the
trusts to which any trust property is for the time being subject, the
Synod may, by the same or a subsequent resolution, direct that the
property be held for, or for the use, benefit or purposes of, the
Church subject to the other trusts that the Synod declares.
(2) If a direction is given under subsection (1) in relation to trust
property, the trusts that the Synod may declare for that subsection
are, unless the Synod by resolution declares that, in its opinion, it is
impossible, impracticable or inexpedient to do so, trusts under
which the property is to be dealt with and applied for purposes that
are, as nearly as may be, the same as the purposes for which the
property was held immediately before the direction being given.
(3) If a direction is given under subsection (1) in relation to trust
property, the property—
(a) shall be freed and discharged from the trusts on which it was
held immediately before the direction being given; and
(b) shall be held subject to the trusts declared in accordance with
this section.
21 Trust to indemnify certain persons
The trust shall, out of trust property, indemnify a member of the
trust and any other person against all expenses and liabilities
incurred by the member or other person in connection with an act or
thing done, in good faith, by him or her in relation to trust property
under this Act or a resolution or direction of the Assembly.
Miscellaneous Part 4
Section 22
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22 Dealing with trust funds
(1) If the trust holds money on trust for different purposes or activities
of the Church, the trust—
(a) may from time to time invest that money or a part or parts of
that money as one fund; and
(b) may distribute income, and apportion any loss, arising from the
investment rateably among the several purposes or activities
for which that money is held.
(2) The trust may make advances out of money held on trust by it for a
purpose of or relating to the Church and a sum advanced under this
section—
(a) shall be deemed to be an investment and shall, if a rate of
interest is fixed by the trust, bear interest at the rate so fixed;
and
(b) shall, together with the interest (if any) be deemed to be a
charge on the assets of the Church.
Schedule 1 Basis of Union
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Schedule 1 Basis of Union
(see s 4)
1 The Congregational Union of Australia, the Methodist Church of
Australasia and the Presbyterian Church of Australia, in fellowship
with the whole Church Catholic, and seeking to bear witness to that
unity which is both Christ’s gift and his will for the Church, hereby
enter into union under the name of the Uniting Church in Australia.
They pray that this act may be to the glory of God the Father, the
Son and the Holy Spirit. They praise God for his gifts of grace to
each of them in years past; they acknowledge that none of them has
responded to God’s love with a full obedience; they look for a
continuing renewal in which God will use their common worship,
witness and service to set forth the word of salvation for all
mankind. To this end they declare their readiness to go forward
together in sole loyalty to Christ the living Head of the Church; they
remain open to constant reform under his Word; and they seek a
wider unity in the power of the Holy Spirit. In this union these
Churches commit their members to acknowledge one another in
love and joy as believers in our Lord Jesus Christ, to hear anew the
commission of the Risen Lord to make disciples of all nations, and
daily to seek to obey his will. In entering into this union the
Churches concerned are mindful that the Church of God is
committed to serve the world for which Christ died, and that she
awaits with hope the day of the Lord Jesus Christ on which it will be
clear that the kingdom of this world has become the kingdom of our
Lord and of his Christ, and he shall reign for ever and ever.
2 The Uniting Church lives and works within the faith and unity of the
One Holy Catholic and Apostolic Church. She recognises that she
is related to other Churches in ways which give expression, however
partially, to that unity in faith and mission. Recalling the
Ecumenical Councils of the early centuries, she looks forward to a
time when the faith will be further elucidated, and the Church’s
unity expressed, in similar Councils. She thankfully acknowledges
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that the uniting Churches were members of the World Council of
Churches and other ecumenical bodies, and she will seek to
maintain such membership. She remembers the special relationship
which obtained between the several uniting Churches and other
Churches of similar traditions, and will continue to learn from their
witness and be strengthened by their fellowship. She is encouraged
by the existence of the United Churches in which these and other
traditions have been incorporated, and wishes to learn from their
experience. She believes that Christians in Australia are called to
bear witness to a unity of faith and life in Christ which transcends
cultural and economic, national and racial boundaries, and to this
end she commits herself to seek special relationships with Churches
in Asia and the Pacific. She declares her desire to enter more deeply
into the faith and mission of the Church in Australia, by working
together and seeking union with other Churches.
3 The Uniting Church acknowledges that the faith and unity of the
Holy Catholic and Apostolic Church are built upon the one Lord
Jesus Christ. The Church preaches Christ the risen crucified One
and confesses him as Lord to the glory of God the Father. In Jesus
Christ God was reconciling the world to himself. In love for the
world, God gave his Son to take away the world’s sin.
Jesus of Nazareth announced the sovereign grace of God whereby
the poor in spirit could receive the Father’s love. He himself, in his
life and death, made the response of humility, obedience and trust
which God had long sought in vain. In raising him to live and reign,
God confirmed and completed the witness which Jesus bore to him
on earth, he reasserted his claim over the whole of his creation, he
pardoned sinners, and made in Jesus a representative beginning of a
new order of righteousness and love. To God in Christ men are
called to respond in faith. To this end God has sent forth his Spirit
that men may trust him as their Father, and acknowledge Jesus as
Lord. The whole work of man’s salvation is effected by the
sovereign grace of God alone.
Schedule 1 Basis of Union
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The Church as the fellowship of the Holy Spirit confesses Jesus as
Lord over her own life, she also confesses that he is Head over all
things, the beginning of a new creation, of a new mankind. God in
Christ has given to men in the Church the Holy Spirit as a pledge
and foretaste of that coming reconciliation and renewal which is the
end in view for the whole creation. The Church’s call is to serve
that end: to be a fellowship of reconciliation, a body within which
the diverse gifts of its members are used for the building up of the
whole, an instrument through which Christ may work and bear
witness to himself. The Church lives between the time of Christ’s
death and resurrection and the final consummation of all things
which he will bring; she is a pilgrim people, always on the way
towards a promised goal; here she does not have a continuing city
but seeks one to come. On the way Christ feeds her with Word and
Sacraments, and she has the gift of the Spirit in order that she may
not lose the way.
4 The Uniting Church acknowledges that the Church is able to live
and endure through the changes of history only because her Lord
comes, addresses, and deals with men in and through the news of his
completed work. Christ who is present when he is preached among
men is the Word of the God who acquits the guilty, who gives life to
the dead and who brings into being what otherwise could not exist.
Through human witness in word and action, and in the power of the
Holy Spirit, Christ reaches out to command men’s attention and
awaken their faith; he calls them into the fellowship of his
sufferings, to be the disciples of a crucified Lord; in his own strange
way he constitutes, rules and renews them as his Church.
5 The Uniting Church acknowledges that the Church has received the
books of the Old and New Testaments as unique prophetic and
apostolic testimony, in which she hears the Word of God and by
which her faith and obedience are nourished and regulated. When
the Church preaches Jesus Christ, her message is controlled by the
Biblical witnesses. The Word of God on whom man’s salvation
depends is to be heard and known from Scripture appropriated in the
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worshipping and witnessing life of the Church. The Uniting Church
lays upon here members the serious duty of reading the Scriptures,
commits her ministers to preach from these and to administer the
sacraments of Baptism and the Lord’s Supper as effective signs of
the Gospel set forth in the Scriptures.
6 The Uniting Church acknowledges that Christ has commanded his
Church to proclaim the Gospel both in words and in the two visible
acts of Baptism and the Lord’s Supper. He himself acts in and
through everything that the Church does in obedience to his
commandment: it is he who by the gift of the Spirit confers upon
men the forgiveness, the fellowship, the new life and freedom which
the proclamation and actions promise; and it is he who awakens,
purifies and advances in men the faith and hope in which alone such
benefits can be accepted.
7 The Uniting Church acknowledges that Christ incorporates men into
his body by Baptism. In this way he enables them to participate in
his own baptism, which was accomplished once on behalf of all in
his death and burial, and which was made available to all when,
risen and ascended, he poured out the Holy Spirit at Pentecost.
Baptism into Christ’s body initiates men into his life and mission in
the world, so that they are united in one fellowship of love, service,
suffering and joy, in one family of the Father of all in heaven and
earth, and in the power of the one Spirit. The Uniting Church will
baptize those who confess the Christian faith, and children who are
presented for baptism and for whose instruction and nourishment in
the faith the Church takes responsibility.
8 The Uniting Church acknowledges that Christ signifies and seals his
continuing presence with his people in the Lord’s Supper or the
Holy Communion, constantly repeated in the life of the Church. In
this sacrament of his broken body and outpoured blood the risen
Lord feeds his baptized people on their way to the final inheritance
of the Kingdom. Thus the people of God, through faith and the gift
and power of the Holy Spirit, have communion with their Saviour,
make their sacrifice of praise and thanksgiving, proclaim the Lord’s
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death, grow together into Christ, are strengthened for their
participation in the mission of Christ in the world, and rejoice in the
foretaste of the Kingdom which he will bring to consummation.
9 The Uniting Church enters into unity with the Church throughout
the ages by her use of the confessions known as the Apostles’ Creed
and the Nicene Creed. She receives these as authoritative
statements of the Catholic Faith, framed in the language of their day
and used by Christians in many days, to declare and to guard the
right understanding of that faith. She commits her ministers and
instructors to careful study of these creeds and to the discipline of
interpreting their teaching in a later age. She commends to
ministers and congregations their use for instruction in the faith, and
their use in worship as acts of allegiance to the Holy Trinity.
10 The Uniting Church continues to learn of the teaching of the Holy
Scriptures in the obedience and freedom of faith, and in the power
of the promised gift of the Holy Spirit, from the witness of
reformation fathers as expressed in various ways in the Scots
Confession of Faith (1560), the Heidelberg Catechism (1563), the
Westminster Confession of Faith (1647), and the Savoy Declaration
(1658). In like manner she will listen to the preaching of John
Wesley in his Forty-Four Sermons (1793). She will commit her
ministers and instructors to study these statements, so that the
congregation of Christ’s people may again and again be reminded of
the grace which justifies them through faith, of the centrality of the
person and work of Christ the justifier, and of the need for a
constant appeal to Holy Scripture.
11 The Uniting Church acknowledges that God has never left his
Church without faithful and scholarly interpreters of Scripture, or
without those who have reflected deeply upon, and acted trustingly
in obedience to, his living Word. In particular she enters into the
inheritance of literary, historical and scientific enquiry which has
characterised recent centuries and thanks God for the knowledge of
his ways with men which are open to an informed faith. She lives
within a world-wide fellowship of Churches in which she will learn
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to sharpen her understanding of the will and purpose of God by
contact with contemporary thought. Within that fellowship she also
stands in relation to contemporary societies in ways which will help
her to understand her own nature and mission. She thanks God for
the continuing witness and service of evangelist, of scholar, of
prophet and of martyr. She prays that she may be ready when
occasion demands to confess her Lord in fresh words and deeds.
12 The Uniting Church recognises and accepts as her members all who
are recognised as members of the uniting Churches at the time of
union. Thereafter membership is open to all who are baptized into
the Holy Catholic Church in the name of the Father and of the Son
and of the Holy Spirit. The Uniting Church will seek ways in which
the baptized may have confirmed to them the promises of God, and
be led to deeper commitment to the faith and service into which they
have been baptized. To this end she commits herself to undertake,
with other Christians, to explore and develop the relation of baptism
to confirmation and to participation in the Holy Communion.
13 The Uniting Church affirms that every member of the Church is
engaged to confess the faith of Christ crucified and to be his faithful
servant. She acknowledges with thanksgiving that the one Spirit has
endowed the members of his Church with a diversity of gifts, and
that there is no gift without its corresponding service; all ministries
have a part in the ministry of Christ. The Uniting Church, at the time
of union, will recognise and accept the ministries of those who have
been called to any task or responsibility in the uniting Churches.
The Uniting Church will thereafter provide for the exercise by men
and women of the gifts God bestows upon them, and will order her
life in response to his call to enter more fully into her mission.
14 The Uniting Church, from inception, will seek the guidance of the
Holy Spirit to recognise among her members men and women called
to God to preach the Gospel, to lead the people in worship, to care
for the flock, to share in government and to serve those in need of
the world.
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To this end:
(a) The Uniting Church recognises and accepts as ministers of the
Word all who have held such office in any of the uniting
Churches, and who, being in good standing in one of those
Churches at the time of union, adhere to the Basis of Union.
This adherence and acceptance may take place at the time of
union or at a later date. Since the Church lives by the power of
the Word, she is assured that God, who has never left himself
without witness to that Word, will, through Christ and in the
power of the Holy Spirit, call and set apart members of the
Church to be ministers of the Word. These will preach the
Gospel, administer the sacraments and exercise pastoral care so
that all may be equipped for their particular ministries, thus
maintaining the apostolic witness to Christ in the Church. Such
members will be called Ministers and their setting apart will be
known as Ordination.
The Presbytery will ordain by prayer and the laying on of
hands in the presence of a worshipping congregation. In this
act of ordination the Church praises the ascended Christ for
conferring gifts upon men. She recognises his call of the
individual to be his minister, she prays for the enabling power
of the Holy Spirit to equip him for that service. By the
participation in the act of ordination of those already ordained,
the Church bears witness to God’s faithfulness and declares the
hope by which she lives. In company with other Christians the
Uniting Church will seek for a renewed understanding of the
way in which the congregation participates in ordination and of
the significance of ordination in the life of the Church.
(b) The Uniting Church recognises and accepts as elders or leaders
those who at the time of union hold the office of elder, deacon
or leader appointed to exercise spiritual oversight, and who,
being in good standing in any of the uniting Churches at the
time of union, adhere to the Basis of Union. She will seek to
recognise in the congregation those endowed by the Spirit with
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gifts fitting them for rule and oversight. Such members will be
called Elders or Leaders.
(c) The Uniting Church recognises and accepts as deaconesses
those who at the time of union are deaconesses in good
standing in any of the uniting Churches and who adhere to the
Basis of Union. She believes that the Holy Spirit will continue
to call women to share in this way in the varied services and
witness of the Church, and she will make provision for this.
Such members will be called Deaconesses.
The Uniting Church recognises that at the time of union many
seek a renewal of the diaconate in which men and women offer
their time and talents, representatively and on behalf of God’s
people, in the service of mankind in the face of changing
needs. She will so order her life that she remains open to the
possibility that God may call men and women into such a
renewed diaconate: in these circumstances she may decide to
call them Deacons and Deaconesses, whether the service is
within or beyond the life of the congregation.
(d) The Uniting Church recognises and accepts at lay preachers
those who at the time of union are accredited lay preachers
(local preachers) in any of the uniting Churches and who
adhere to the Basis of Union. She will seek to recognise those
endowed with the gift of the Spirit for this task, will provide
for their training, and will gladly wait upon that fuller
understanding of the obedience of the Christian man which
should flow from their ministry. Such members will be called
Lay Preachers.
In the above subparagraphs the phrase “adhere to the Basis of
Union” is understood as willingness to live and work within the
faith and unity of the One Holy Catholic and Apostolic Church as
that way is described in this Basis. Such adherence allows for
difference of opinion in matters which do not enter into the
substance of the faith.
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The Uniting Church recognises that the type and duration of
ministries to which men and women are called vary from time to
time and place to place, and that in particular she comes into being
in a period of reconsideration of traditional forms of the ministry,
and of renewed participation of all the people of God in the
preaching of the Word, the administration of the sacraments, the
building up of the fellowship in mutual love, in commitment to
Christ’s mission, and in service of the world for which she died.
15 The Uniting Church recognises that responsibility for government in
the Church belongs to the people of God by virtue of the gifts and
tasks which God has laid upon them. The Uniting Church therefore
so organises her life that locally, regionally and nationally
government will be entrusted to representatives, men and women,
bearing the gifts and graces with which God has endowed them for
the building up of his Church. The Uniting Church is governed by a
series of inter-related councils, each of which has its tasks and
responsibilities in relation both to the Church and the world.
The Uniting Church acknowledges that Christ alone is supreme in
his Church, and that he may speak to her through any of her
councils. It is the task of every council to wait upon God’s Word,
and to obey his will in the matters allocated to its oversight. Each
council will recognise the limits of its own authority and give heed
to other councils of the Church, so that the whole body of believers
may be united by mutual submission in the service of the Gospel.
To this end the Uniting Church makes provision in her constitution
for the following:
(a) The Congregation is the embodiment in one place of the One
Holy Catholic and Apostolic Church, worshipping, witnessing
and serving as a fellowship of the Spirit in Christ. Its members
meet regularly to hear God’s Word, to celebrate the
sacraments, to build one another up in love, to share in the
wider responsibilities of the Church, and to serve the world.
The congregation will recognise the need for a diversity of
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agencies for the better ordering of her life in such matters as
education, administration and finance.
(b) The Elders’ or Leaders’ Meeting (the council within a
congregation or group of congregations) consists of the
minister and those who are called to share with him in
oversight. It is responsible for building up the congregation in
faith and love, sustaining its members in hope, and leading
them into a fuller participation in Christ’s mission in the world.
(c) The presbytery (the district council) consists of such ministers,
elders/leaders and other Church members as are appointed
thereto, the majority of elders/leaders and Church members
being appointed by Elders’/Leaders’ Meetings and/or
congregations, on a basis determined by the Synod. Its function
is to perform all the acts of oversight necessary to the life and
mission of the Church in the area for which it is responsible,
except over those agencies which are directly responsible to
the Synod or Assembly. It will in particular exercise oversight
over the congregations within its bounds, encouraging them to
strengthen one another’s faith, to bear one another’s burdens,
and exhorting them to fulfil their high calling in Christ Jesus. It
will promote those wider aspects of the work of the Church
committed to it by the Synod or Assembly.
(d) The Synod (the regional council) consists of such ministers,
elders/leaders and other Church members as are appointed
thereto, the majority being appointed by Presbyteries,
Elders’/Leaders’ Meetings or congregations, on a basis
determined by the Assembly. It has responsibility for the
general oversight, direction and administration of the Church’s
worship, witness and service in the region allotted to it, with
such powers and authorities as may from time to time be
determined by the Assembly.
(e) The Assembly (the national council) consists of such ministers,
elders/leaders and other Church members as are appointed
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thereto, the majority being appointed by the Presbyteries and
Synods. It has determining responsibility for matters of
doctrine, worship, government and discipline, including the
promotion of the Church’s mission, the establishment of
standards of theological training and reception of ministers
from other communions, and the taking of further measures
towards the wider union of the Church. It makes the guiding
decisions on the tasks and authority to be exercised by other
councils. It is obligatory for it to seek the concurrence of other
councils, and on occasion of the congregations of the Church,
on matters of vital importance to the life of the Church.
The first Assembly, however, will consist of members of the uniting
Churches, appointed in equal numbers by them in such manner as
they may determine, and is vested with such powers as may be
necessary to establish the Uniting Church according to the
provisions of the Basis of Union.
Until such time as councils other than the Assembly can be
established, the Uniting Church recognises and accepts the various
agencies for the discharge of responsibility which are in existence in
the uniting Churches. She invites any such continuing bodies
immediately to enter into a period of self-examination in which
members are asked to consider afresh their common commitment to
the Church’s mission and their demonstration of her unity. She
prays that God will enable them to order their lives for these
purposes.
16 The Uniting Church recognises the responsibility and freedom
which belong to councils to acknowledge gifts among members for
the fulfilment of particular functions. She sees in pastoral care
exercised personally on behalf of the Church an expression of the
fact that God always deals with men personally: he would have his
fatherly care known among men; he would have individual members
take upon themselves the form of a servant.
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17 The Uniting Church acknowledges that the demand of the Gospel,
the response of the Church to the Gospel, and the discipline which it
requires are partly expressed in the formulation by the Church of her
law. The aim of such law is to confess God’s will for the life of his
Church; but since law is received by man and framed by him, it is
always subject to revision in order that it may better serve the
Gospel. The Uniting Church will keep her law under constant
review so that her life may increasingly be directed to the service of
God and man, and her worship to a true and faithful setting forth of,
and response to, the Gospel of Christ. The law of the Church will
speak of the free obedience of the children of God, and will look to
the final reconciliation of mankind under God’s sovereign grace.
18 The Uniting Church affirms that she belongs to the people of God
on the way to the promised end. She prays God that, through the gift
of the Spirit, he will constantly correct that which is erroneous in her
life, will bring her into deeper unity with other Churches, and will
use her worship, witness and service to his eternal glory through
Jesus Christ the Lord. Amen.
Endnotes
1 About the endnotes
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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 are not included in the republished law. The
details of these laws are underlined in the legislation history. Uncommenced
expiries are underlined in the legislation history and amendment history.
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
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
This Act was originally a Commonwealth ordinance—the Uniting Church in
Australia Ordinance 1977 No 15 (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).
Legislation before becoming Territory enactment
Uniting Church in Australia Act 1977 A1977-15
notified 15 June 1977
s 1, s 2 commenced 15 June 1977
ss 3-10, s 11 (1), (3)-(9) and ss 12-22 commenced 22 June 1977
(s 2 (2) and Cwlth Gaz 1977 No S110)
s 11 (2) awaiting commencement (s 2 (2))
as amended by
Legislation after becoming Territory enactment
Registrar-General (Consequential Provisions) Act 1993 A1993-64
sch 1
notified 6 September 1993 (Gaz 1993 No S172)
s 1, s 2 commenced 6 September 1993 (s 2 (1))
sch 1 commenced 1 October 1993 (s 2 (2) and see Gaz 1993 No
S207)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 400
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 400 commenced 12 September 2001 (s 2 and see Gaz 2001 No
S65)
Endnotes
3 Legislation history
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Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1
pt 1.37
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.37 commenced 1 March 2012 (s 2 (1) and see Evidence
Act 2011 A2011-12, s 2 and CN2012-4)
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om A2001-44 amdt 1.4148
Repeal etc
s 3 om A2001-44 amdt 1.4148
Definitions for Act
s 4 def registrar of titles om A1993-64 sch 1
Common seal
s 9 am A2011-48 amdt 1.54
Exoneration from inquiry
s 16 am A1993-64 sch 1
Cooperative use of property
s 19 am A1993-64 sch 1
Basis of Union
sch 1 (prev sch) renum R2 LA
Endnotes
5 Earlier republications
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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 not amended 30 June 1991
2 A2001-44 2 August 2002
6 Uncommenced provision
Section 11 (2) was uncommenced at the republication date but has been included
in this republication with the symbol U immediately before the subsection.
© Australian Capital Territory 2012