Church of England Act 1904 (Vic)

Version No. 001

Church of England Act 1904

No. 1947 of 1904

Version as at

5 April 2023

TABLE OF PROVISIONS

Section  Page

1Short title and construction

2Repeal of section 17 of Church of England Act 1854

3Substitution of Synods for Assemblies

4References in deeds and documents

5Amendment of section 2 of No. 454

═══════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Church of England Act 1904

No. 1947 of 1904

Version as at

5 April 2023

An Act to further amend the Law relating to the Church of England in Victoria.

BE it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):—

1Short title and construction

This Act may be cited as the Church of England Act 1904, and shall be construed as one with an Act passed in Victoria in the year One thousand eight hundred and fifty-four and intituled An Act to enable the Bishops Clergy and Laity of the United Church of England and Ireland in Victoria to provide for the regulation of the affairs of the said Church which may be cited as the Church of England Act 1854.

2Repeal of section 17 of Church of England Act 1854

Section seventeen of the said Church of England Act 1854 is hereby repealed.

3Substitution of Synods for Assemblies

For the words "an Assembly" "Assembly" or "Assemblies" wherever occurring in the said Church of England Act 1854 or any Act amending the same there shall be substituted the words "a Synod" "Synod" or "Synods" as the case may be.

4References in deeds and documents

Wherever in the Act passed in Victoria in the year One thousand eight hundred and eighty-four and intituled "An Act to provide for the creation of corporate bodies of Trustees in which property belonging to the Church of England in Victoria may be vested and to make further provisions in reference thereto" or in any deed document or instrument made or entered into by or in connexion with the Church of England in Victoria any reference is made to any Assembly or Assemblies or Church Assembly or Church Assemblies such reference unless inconsistent with the context shall be deemed and taken to refer to the Synod or Synods.

5Amendment of section 2 of No. 454

In section two of the Act No. 454 for the word "therein" here shall be substituted the words "in the said Church."

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 16 November 1904

Legislative Council: 23 November 1904

The long title for the Bill for this Act was—

An Act to further amend the Law relating to the Church of England in Victoria.

The Church of England Act 1904 was assented to on 30 November 1904 and came into operation on 30 November 1904.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Church of England Act 1904 by Acts and subordinate instruments.

3   Explanatory details

No entries at date of publication.