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CATHEDRAL ACT 1972 (WANGARATTA DIOCESE)

No. 2, 1972

AN ACT

TO REGULATE THE GOVERNMENT OF THE CATHEDRAL CHURCH
OF THE DIOCESE OF WANGARATTA

Amended:
No. 3, 1981
No. 5, 1985
No. 1, 1986
No. 6, 1994

No. 10, 1995
No. 5, 1997
No. 1, 2001
No. 9, 2003
No. 2, 2005

WHEREAS it is deemed desirable that provision be made to regulate the government of the Cathedral Church to define its relations with the Diocese and to set out the constitution and functions of the Cathedral Chapter.

Amended:
No. 10, 1995
BE it enacted by the Bishop the Clergy and the Laity of the Anglican Church of Australia within the Diocese of Wangaratta in Victoria duly met in Synod according to law as follows:-


Short Title
Amended:
No. 3, 1981
No. 5, 1985
No. 1, 1986
No. 6, 1994
No. 10, 1995
No. 5, 1997
No. 1, 2001
No. 9, 2003
No. 2, 2005
1. This Act may be cited as "The Cathedral Act 1972-2005.



2. The Acts mentioned in the Schedule hereto shall be repealed except as to any operation already effected by or act done under the same or as to any right title obligation or liability already acquired or accrued thereunto.

Repeal


Cathedral Church

3. The Church of the Holy Trinity Wangaratta is and shall be the Cathedral Church of the Diocese.



Bishop - Ordinary and Visitor

4. The Bishop shall have and retain his rights and privileges as Ordinary and Visitor of the said Cathedral Church.



Bishop’s rights

5. The Bishop shall have the right of officiating or preaching at any service held in the Cathedral on giving to the Rector eight days' prior notice thereof.



Use of Cathedral for episcopal and Diocesan services

6. The Bishop when and as he may think fit may use the said Cathedral Church for holding ordinations for services during meetings of Synod and for other services specially connected with episcopal and diocesan functions (all of which services are hereinafter referred to as "Diocesan services").



Notice for Diocesan services

7. The Bishop shall give to the Rector eight days' notice when he requires the said Cathedral Church for Diocesan services and shall have the charge and ordering thereof and may appoint the preacher at such services.





8. The Rector Churchwardens and Parishioners of the said Cathedral Church for the time being shall retain all their respective rights and privileges in respect of the said Cathedral Church save where hereby expressly herein limited, and except where otherwise provided the said Cathedral Church shall be regulated like other Churches in the Diocese.




Parish rights and privileges
Amended:
No. 1, 1986





Rector to be Dean
Amended:
No. 2, 2005

9. The Rector for the time being of the Parish of the Holy Trinity Wangaratta (the Cathedral Parish) shall during his incumbency be designated Dean of Holy Trinity Cathedral.



Use of furniture etc.

10. The use of the Cathedral Church by the Bishop or the Rector shall include the
use of the furniture thereof and of all things appertaining to the celebration of
Divine service or the administration of the Sacraments.



Vacancy of Incumbency
amended:
No. 1, 1986
No. 2, 2005

11. In the event of a vacancy in the incumbency the Bishop after receiving the report required to be given to him in Section 29A of the Parish Administration Act shall first consult with the Cathedral Chapter hereinafter constituted and shall then nominate a Clerk in Priest's Orders to the Board of Nominators and if at least one half of the members of the said Board present and voting concur in the Bishop's nomination the Bishop shall offer the cure of souls in the Cathedral parish to the said Clerk. Should the Clerk so nominated be not approved by one half of the members of the Board of Nominators as aforesaid the Bishop shall make further nominations until such concurrence is given. Should no nomination have been approved as aforesaid within six months of the first meeting of the Board of Nominators the right to make the appointment shall vest in the Bishop.



Clerical Canons
Amended:
No. 3, 1981
No. 6, 1994
No. 1, 2001
No. 9, 2003

12. (a) There shall be at least three and at most five Clerical Canons of the

Cathedral who shall be licensed clergymen of the Diocese of not less than five year's standing two of whom shall be elected by Synod and the others appointed by the Bishop with the approval of the Cathedral Chapter hereinafter constituted.

(b) There may be one and at most three Clerical Canons of the Cathedral resident outside the Diocese but who shall be licensed clergymen of the Diocese to be appointed by the Bishop with the approval of the Cathedral Chapter.



Cessation of Office
Amended:
No. 3, 1981
No. 9, 2003

13. When any Clerical Canon elected or appointed pursuant to Section 12 hereof shall cease to be a licensed clergyman of the Diocese his canonry shall thereupon become vacant and he shall cease to hold the office and to have the title of Canon.



Lay Canons
Amended:
No. 3, 1981
No. 1, 2001
No. 9, 2003

14. (a) There shall be at least three and at most five Lay Canons of the Cathedral who shall be communicants two of whom shall be elected by Synod and the others appointed by the Bishop with approval of the Cathedral Chapter hereinafter constituted.

(b) There may be one or at most three Lay Canons of the Cathedral resident outside the Diocese to be appointed by the Bishop with the approval of the Cathedral Chapter.






Cessation of Office
Amended:
No. 5, 1985
No. 10, 1995
No. 5, 1997

15. Each Lay Canon shall hold office while remaining a confirmed Parishioner as defined by section 13(8) of the Acts Interpretation Act 1991-1995 or an appointed officer of the Diocese until determined or by resignation or by incapacity to act.



15 A When, for whatever reason, there is a vacancy of an elected canon whether

clerical or lay, an election to fill such vacancy shall be made by the Synod at its next session.

Elections to fill Vacancies
Inserted:
No. 1, 2001

Honorary Canon
Amended:
No. 3, 1981
No. 9, 2003










16. Nothing in this Act shall prevent the Bishop from conferring the title of Honorary Canon upon a priest or lay person who immediately prior to his retirement has been a Canon.



Cathedral Chapter
Amended:
No. 1, 1986
No. 9, 2003

17. There shall be a Cathedral Chapter consisting of the bishop as President the Dean of the Cathedral the Archdeacons of the Diocese the Clerical and Lay Canons of the Cathedral the Registrar of the Diocese and the Churchwardens of the Cathedral Church for the time being.



Meetings of Chapter
Amended:
No. 1, 1986
No. 10. 1995
18. The Cathedral Chapter shall meet at least once in each year.


Bishop Voting

19. At meetings of the Cathedral Chapter the Bishop shall have a casting vote as well as a deliberative vote.



Quorum
No. 2, 2005
20. Six members of the Cathedral Chapter shall form a quorum.


Function of Chapter
Amended:
No. 1, 1986
No. 2, 2005
21. The functions of the Cathedral Chapter shall be:

(a)To foster the development of the Cathedral as the Mother Church of the Diocese.

(b)To consult with the Bishop on the filling of any vacancy in the incumbency of the Cathedral Parish.

(c)To approve the appointment of Clerical and Lay Canons presented by the Bishop.

(d)To approve any alterations or additions to the fabric and furniture of the Cathedral proposed by the Vestry of the said Cathedral Church

(e)To approve any proposals of the Vestry of the said Cathedral Church

(i)for the raising of money for the fabric and furniture of the said Cathedral Church;

(ii)for the expenditure of income from the funds held by The Wangaratta Diocesan Trustees towards the maintenance upkeep repair and improvement of the said fabric and furniture whether or not such funds shall be held under general or express trusts Provided However if the latter always in accordance with the provisions of each trust; and

(iii)concerning the investment of such funds in accordance with the provisions of the Church Property Act.


(f) To make recommendations to the Bishop, the Bishop-in-Council,

the Dean or the Vestry of the said Cathedral Church (as the case may be) on any matters concerning the well-being and control of the said Cathedral and the management and superintendence of the fabric and furniture thereof but keeping under consideration the provisions of Subdivision A of Division 5 of Part IX of the Parish Administration Act and the investment of the said trust funds.



22. The Churchwardens with the consent of the bishop and the Rector may from time to time allot official seats in the Cathedral Church to any persons or corporate bodies and may with the like consent revoke such allotments at pleasure.





Allotment
of Seating






Costs for Diocesan Services

23. Any special outlay connected with the use of the Cathedral for Diocesan services shall be a charge on the Diocesan Fund.



Application of collections at Diocesan Services

24. The collections at all Diocesan services shall except when the same shall be held at or take the place of any ordinary Sunday service in the Cathedral be applied to such purpose as the Bishop in Council may direct.



Consent for memorials etc.
25. No new tablets brasses or other memorials of a like nature shall be erected or

placed in the Cathedral save with the consent of the Vestry and of the Cathedral Chapter.


SCHEDULE

Act No. 2, 1908
Act No. 2, 1924
Act No. 1, 1931
Act No. 1, 1964

Passed: 7th August 1972
Assented to: 2nd October 1972


Act Amended No. 3, 1981. Passed: 20th September 1981
Assented to but date not recorded


Act Amended No. 5, 1985. Passed: 26th October 1985
Assented to: 19th December 1985


Act Amended No. 1, 1986. Passed: 13th September 1986
Assented to: 16th September 1986


Act Amended No. 6, 1994. Passed: 27th May 1994
Assented to: 7th June 1994


Act Amended No. 10, 1995. Passed: 1st September 1995
Assented to: 1st October 1995




Act Amended No. 5, 1997. Passed: 29th August 1997
Assented to: 4th September 1997


Act Amended No. 1, 2001 Passed: 12th March 2001
Assented to: 10th April 2001

Act Amended No. 9, 2003 Passed: 31st May 2003
Assented to: 13th June 2003

Act Amended No. 2, 2005 Passed: 28th May 2005
Assented to: 30th June 2005


[Editor’s note:
Section 4(d) of Act No. 9, 2003 by amendment of The Cathedral Act 1972-2001 on changing the title of Canon Emeritus to Honorary Canon prescribed that this “amendment has no effect on nor prevents the use of the title Canon Emeritus heretofore conferred by the Bishop upon any priest or lay person”.]


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