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ANGLICAN CHURCH OF AUSTRALIA CONSTITUTION ACT 1961 - NOTES

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om = omitted/repealed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


3     Legislation history

This Act was originally a NSW Act—the Church of England in Australia Constitution Act 1961

A1961-16 (NSW).

The Church of England in Australia Constitution Act 1961

(NSW), sections 2, 3, 8 and 9 were applied, in a modified form, as an ACT law by the Church of England Trust Property Ordinance 1928

(now the Anglican Church of Australia Trust Property Act 1928

) A1928-19, section 3A (see also sch 1). (Section 3A was inserted by the Church of England Trust Property Ordinance 1967

Ord1967-8).

The Act was renamed the Anglican Church of Australia Constitution Act 1961

A1961-16 by the Anglican Church of Australia Act 1980

A1980-42

.

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).

    New South Wales legislation

Anglican Church of Australia Constitution Act 1961 A1961-16

assented to 27 March 1961

commenced 1 January 1962 s 12 excepted (s 12 and NSW Gaz 1962 No 125)

as amended by

    Commonwealth legislation

Anglican Church of Australia Trust Property Ordinance 1928

Ord1928-18 (as am Ord1967-8

and Ord1986-84

)

notified 6 September 1928

commenced 6 September 1928

Church of England Trust Property Ordinance 1967

Ord1967-8

notified 17 May 1967

commenced 17 May 1967

Note     This ordinance amended the Anglican Church of Australia Trust Property Act 1928

Ord1928-18 to insert section 3A. That section applied the Anglican Church of Australia Constitution Act 1961

A1961-16 (NSW) in the ACT in a modified form.

Anglican Church of Australia Ordinance 1980

Ord1980-42 sch 1

notified 27 November 1980

sch 1 commenced 27 November 1980 (s 2 and Cwlth Gaz 1980 No G6)

Commercial Arbitration Ordinance 1986

Ord1986-84 s 59

notified 22 December 1986

commenced 22 December 1986

Note     This Ordinance amended the Anglican Church of Australia Trust Property Act 1928

Ord1928-19 , s 3A.

    Legislation after becoming Territory enactment

Legislation (Consequential Amendments) Act 2001

A2001-44 pt 12

notified 26 July 2001 (Gaz 2001 No 30

)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 12 commenced 12 September 2001 (s 2 and Gaz 2001 No S65

)

Statute Law Amendment Act 2007

A2007-3 sch 3 pt 3.5

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.5 commenced 12 April 2007 (s 2 (1))

Commercial Arbitration Act 2017

A2017-7 sch 1 pt 1.1

notified LR 4 April 2017

s 1A, s 1B commenced 4 April 2017 (LA s 75 (1))

sch 1 pt 1.1 commenced 1 July 2017 (s 1B and CN2017-1

)

4     Amendment history

Name of Act
s 1AA     ins A2007-3

amdt 3.23

Application of Legislation Act
s 1A     ins A2001-44

amdt 1.124

Constitutions, canons and rules to be binding for Church property purposes
s 2     am Ord1928-19

s 3A, sch 1 (as am by Ord1980-42

sch 1)

Effect of canons and rules
s 3     am Ord1928-19

s 3A

Administration of customary oaths
s 8     am Ord1928-19

s 3A, sch 1 (as am by Ord1986-84

s 59)

Powers of tribunal under Constitution, ch 9
s 9     am Ord1928-19

s 3A (as am by Ord1980-42

sch 1; Ord1986-84

s 59)
    sub A2017-7

amdt 1.1

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

A1986-84

31 August 1992

2

A2001-44

9 May 2002

3

A2001-44

29 August 2002

4

A2007-3

12 April 2007







© Australian Capital Territory 2017

ACT Crest high res small
Australian Capital Territory

A1961-16

Republication No 5

Effective: 1 July 2017

Republication date: 1 July 2017

Last amendment made by A2017-7


(republication for amendments by A2017-7


and correction to include the schedule)






About this republication

The republished law

This is a republication of the Anglican Church of Australia Constitution Act 1961

(including any amendment made under the Legislation Act 2001

, part 11.3 (Editorial changes)) as in force on 1 July 2017

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2017

.

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, 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 $150 for an individual and $750 for a corporation (see Legislation Act 2001

, s 133).

ACT
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Australian Capital Territory

Anglican Church of Australia Constitution Act 1961


Part I4

Chapter IFundamental Declarations4

Chapter IIRuling Principles4

Part IIThe Government of the Church7

Chapter IIIOf the Bishops7

Chapter IVOf General Synod—9

Chapter VOf the Powers of General Synod13

Chapter VICommittees Boards and Commissions18

Chapter VIIThe Provinces and Provincial Synods20

Chapter VIIIThe Dioceses and Diocesan Synods21

Chapter IXThe Tribunals25

Chapter XThe Corporate Trustees33

Chapter XIThe Alteration of this Constitution34

Chapter XIIThe Operation of this Constitution36

Endnotes45

ACT
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Australian Capital Territory

Anglican Church of Australia Constitution Act 1961








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