Presbyterian Church of Australia (Amendment) Act 1972 (NSW)

PRESBYTERIAN CHURCH OF AUSTRALIA

(AMENDMENT) ACT.

JgelD Males

ANNO VICESIMO PRIMO

ELIZABETHiE II REGINJi

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Act No. 9, 1972.

An Act with respect to the publication of certain certificates under the Presbyterian Church of Australia Act, 1971, and the commencement o f certain provisions o f that A ct; to amend that A ct; and for purposes connected therewith. [Assented to, 16th March, 1972.]

O E it enacted by the Queen’s Most Excellent Majesty, by ^ and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows : —■

Short title. !• (1) Thts Act may be cited as the “Presbyterian Church of Australia (Amendment) Act, 1972”.

(2)

Presbyterian Church of Australia {Amendment).

(2) The Presbyterian Church of Australia Act, 1971, No. 9, 1972

is in this Act referred to as the Principal Act.

2. The Principal Act is amended— Amendment of Act No. 42, 1971.

(a)	(i)	by inserting in subsection one of section three Sec. 3. after the word “Gazette” the words “on two (Federal different days” ;
(ii)	by inserting in subsection two of the same section after the word “before” the words “the second” ;
(iii)	by inserting in subsection three of the same section after the word “before” the words “the second” ;

(b) (i) by omitting subsection one of section four; Sec. 4.

(ii)

section the words “Upon compUance with the branches

prescribed conditions, all interests in property

that, immediately before publication of the church.)

by omitting from subsection two of the same section” and by inserting in lieu thereof the words “All interests in property that, immedi­ ately before the third day of December, one thousand nine hundred and seventy-one,” ;

(iii)   by inserting in the same subsection after the word “held” where secondly occurring the words “, and shall be deemed to have been on and from that day so held,” ;

(c)	(i)	by omitting paragraph (a) of section five and Sec. 5. by inserting in lieu thereof the following para- (Gifts, etc.,
graph:- S S T

(a) a certificate is twice published in accordance with section three of this Act;

(ii)

Presbyterian Church of Australia {Amendment).

No. 9, 1972	(ii)	by omitting from the same section the words-
“the section under which the certificate wa& published” wherever occurring and by inserting in lieu thereof the words “that section” ;
(iii)	by inserting in the same section after the word “before” where thirdly occurring the words “the second” ;
(iv)	by inserting at the end of the same section the following new subsection ;—

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(2) Where—

(a)	by the operation of a will or other instrument made or executed before or after the third day of December, one thousand nine hundred and seventy-one, a gift, devise, bequest or declaration of trust took effect after that day in respect of an interest in property; and
(b)	if the gift, devise, bequest or declara­ tion of trust had taken effect before that day that interest in property would have been an interest to which section four of this Act would apply,

the gift, devise, bequest or declaration of trust shall, for the purposes of that section, be deemed to have taken effeet immediately before that day.

Commence-	3. The proclamation pubhshed in the Gazette on the seventy-one, whereby the Governor appointed that day as the day for the commencement of sections seven, eight and
wrtain ̂	seventeenth day of December, one thousand nine hundred and
provisions

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nine of the Principal Act is hereby revoked and shall be

deemed never to have had any force or effect.

Presbyterian Church of Australia {Amendment).

4. The amendments made by paragraph (a) of section No. 9, 1972

two of this Act shall be deemed to have commenced on the commOTce-

second day of December, one thousand nine hundred and ment.

seventy-one.

ROMAN