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SHARED USE OF CHURCH PROPERTY ACT 2003 (WANGARATTA DIOCESE)

DIOCESE OF WANGARATTA


THE SHARED USE OF CHURCH PROPERTY

No. 3, 2003

AN ACT
RELATING TO THE SHARED USE OF CHURCH PROPERTY AND FOR OTHER PURPOSES


BE it enacted by the Bishop the Clergy and the Laity of the Anglican Church of Australia within the Diocese of Wangaratta duly met in Synod according to law as follows:-

Short Title
1. This Act may be cited as “The Shared Use of Church
Property Act 2003”.
Commencement
2. This Act comes into operation on the date on which it
receives the assent of the Bishop.
Definitions
3. In this Act –
“Church”, means a Church of another Christian tradition
which holds the Apostolic Faith and includes a parish or
congregation of, and an organisation recognised by, that
Church.

“Trusts Corporation”, means the Wangaratta Diocesan
Trustees”.
Approval of Scheme
of Co-operation
4. (1) The Bishop in Council may approve a scheme of
co-operation between a parish or other body in the
Diocese and another Church, subject to such terms and
conditions as are specified in the scheme for the time
being.
(2)An application for the approval of a scheme under this section may be made by a parish or any other body in the Diocese after consultation with the Bishop and, if the scheme involves the use of property held by the Trusts Corporation, the relevant territorial archdeacon.
(3)The Bishop in Council may from time to time add terms and conditions to, or alter or vary the terms and conditions of, a scheme of co-operation approved under this section.





587


DIOCESE OF WANGARATTA


THE SHARED USE OF CHURCH PROPERTY

Approval of Scheme
of Co-operation
5. (1) Subject to this section, if a scheme of co-operation
approved under this Act provides for the use of
specified real or personal property held by the Trusts
Corporation, that property may be used, managed
and administered under and in connection with that
scheme in such manner and on such conditions as
are specified in the scheme for the time being.
(2) Nothing in sub-section (1) authorises the use,
management or administration of any property in
any manner referred to in a scheme of co-operation
if the property is subject to an express trust that
expressly forbids its use in that manner.

(3) Sub-section (2) does not prevent the use of trust property in accordance with a scheme of co-operation if the property was merely directed to be held on trust for the worship or purposes of the Anglican Church of Australia in Victoria.
Existing
co-operative
arrangements
Nothing in this Act affects validity of any co-operative arrangement entered into with another Church of another denomination before the commencement of this Act and any such arrangement, unless varied after that commencement, continues to be as valid and effectual after that commencement as it was immediately before that commencement.

Passed : 31st May 2003
Assented to : 13th June 2003


(Editors Note: The power for a scheme of co-operation such as prescribed by

this Act is contained in Section 12B of the Anglican Trusts Corporation Act 1884 by which Section, inter alia, the conditions for the acquisition, construction, alteration, maintenance or repair of assets vested in or held on behalf of either or both of the trusts corporation and the co-operating church or congregation were enacted.)

588

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