Anglican Church Of Australia Act 1975 (NT)

NORTHERN TERRITORY OF AUSTRALIA

ANGLICAN CHURCH OF AUSTRALIA ACT 1975

As in force at 1 March 2011

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Short title2 — Definitions3 — Constitution, canon and rules to be binding for church property purposes4 — Effect of canon and rules5 — Anglican Church of Australia Trust Corporation6 — Construction of laws of the Territory, laws of the church, and instruments7 — Administration of customary oaths8 — Powers to tribunal under chapter 9 of ConstitutionENDNOTES northern territory of australia

northern territory of australia

As in force at 1 March 2011

ANGLICAN CHURCH OF AUSTRALIA ACT 1975

An Act relating to the Anglican Church of Australia

1Short title

This Act may be cited as the Anglican Church of Australia Act 1975.

2Definitions

In this Act, unless the contrary intention appears:

Act means the Anglican Church of Australia Constitution Act 1961, of the State of New South Wales.

Constitution means the Constitution of the Anglican Church of Australia as set out in the Schedule to the Act.

Corporation means the Anglican Church of Australia Trust Corporation incorporated in the State of New South Wales by virtue of section 7 of the Act.

3Constitution, canon and rules to be binding for church property purposes

The provisions of the Constitution, and of any canon or rules made under the Constitution, are, as provided in the Constitution but subject to this Act, for all purposes connected with or in any way relating to the property within the Territory of the Anglican Church of Australia, binding on the Bishops, clergy and laity of the Anglican Church of Australia who are in a diocese, or part of a diocese, of the Anglican Church of Australia within the Territory.

4Effect of canon and rules

A canon or rule made under the Constitution that is inconsistent with a law in force in the Territory is, to the extent of that inconsistency, incapable of having any force or effect in the Territory.

5Anglican Church of Australia Trust Corporation

• (1)

  The Corporation is, by virtue of this section, capable of holding land and exercising all the rights and powers in relation to the property in the Territory of the Anglican Church of Australia that it is capable of exercising in relation to property in the State of New South Wales of that Church.

• (2)

  A certificate purporting to be under the hand of the Primate of the Anglican Church of Australia, or of a Metropolitan or Bishop of that Church exercising the authority, powers, rights and duties of the Primate under the Constitution, certifying that the Corporation consists of the persons specified in the certificate, is, for all purposes, prima facie evidence of the matters certified.

• (3)

  A certificate purporting to be under the hand of a person holding office as a member of the Corporation, certifying that a document affixed to the certificate is a copy of a resolution of the Corporation duly passed at a duly constituted meeting of the Corporation is, for all purposes, prima facie evidence of the matters certified.

• (4)

  Nothing in this section shall be taken to prevent property in the Territory that is for the time being subject to a trust for, or the use, benefit or purposes of, the Anglican Church of Australia being held by a trustee other than the Corporation.

6Construction of laws of the Territory, laws of the church, and instruments

On the commencement of the Anglican Church of Australia Ordinance 1978, a reference in:

• (a)

  an Act or an instrument of a legislative or administrative character made, issued or given under an Act;

• (d)

  Church Canons of the General Synod of the Church of England in Australia;

• (e)

  Church Ordinances and Church Acts of a provincial or Diocesan Synod of that Church;

• (f)

  Church Rules and Regulations made by the authority of those Canons, Ordinances and Acts; and

• (g)

  a grant, deed, will or other instrument,

to the Church of England or to the Church of England in Australia, shall be read as a reference to the Anglican Church of Australia.

7Administration of customary oaths

It is lawful for a Bishop, Commissary, Administrator, Chancellor, Archdeacon or Registrar holding office in a Diocese of the Anglican Church of Australia to administer to a Bishop, clergyman or member of that Church the oath or oaths customarily used at the ordaining of deacons or priests, the consecration or enthronement of Bishops, the institution of a clergyman to a cure of souls in a parish or other ecclesiastical district or the installation, induction or collation to any office on the grant of a licence in that Church in the Territory, and it is lawful for such a person to take and make such an oath or any such oaths.

8Powers to tribunal under chapter 9 of Constitution

For the purpose of securing the attendance of witnesses and the production of documents, or of examining witnesses on oath or otherwise, a tribunal referred to in chapter 9 of the Constitution shall be deemed to be an arbitrator within the meaning of the law from time to time in force in the Territory relating to arbitration, and has power to require a witness to give evidence on oath, and, for the like purpose, a party to a proceeding before such a tribunal or a person permitted by such a tribunal to submit evidence to it shall be deemed to be a party to a reference or submission to arbitration within the meaning of that law.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Church of England in Australia Constitution Ordinance 1975 (Act No. 26, 1975)
Assent date	28 June 1976
Commenced	28 June 1976
Anglican Church of Australia Ordinance 1978 (Act No. 5, 1978)
Assent date	31 March 1978
Commenced	31 August 1979 (Gaz G35, 31 August 1979, p 1)
Statute LawAct 1980 (Act No. 6, 1981)
Assent date	9 January 1981
Commenced	9 January 1981
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010)
Assent date	18 November 2010
Commenced	1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4)

• 3

  SAVINGS AND TRANSITIONAL PROVISIONS

s 9 Anglican Church of Australia Ordinance 1978 (Act No. 5, 1978)

• 4

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: s 1.

• 5

  LIST OF AMENDMENTS

lt                       amd No. 5, 1978, s 5; No. 6, 1981, s 4

s 1                     amd No. 5, 1978, s 5; No. 6, 1981, s 4

s 2                     amd No. 5, 1978, ss 6 and 8; No. 6, 1981, s 4

s 3                     amd No. 5, 1978, s 8; No. 6, 1981, s 4

s 5                     amd No. 5, 1978, s 8

s 6                     sub No. 5, 1978, s 7

amd No. 6, 1981, s 4

s 7                     amd No. 5, 1978, s 8

s 8                     amd No. 40, 2010, s 118