Australian Capital Territory
Anglican Church of Australia Constitution Act 1961     No 16
Republication No 2
Republication date: 9 May 2002
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Anglican Church of Australia Constitution Act 1961 as in force on 9 May 2002.  It includes any amendment, repeal or expiry affecting the republished law to 12 September 2001 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
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.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
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 Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Anglican Church of Australia Constitution Act 1961

Contents
	Page

	1A	Application of Legislation Act	2
	2	Constitution, canons and rules to be binding for Church property purposes	2
	3	Effect of canons and rules	2
	8	Administration of customary oaths	2
	9	Powers of tribunal under Constitution, ch 9	3
Endnotes
	1	About the endnotes	4
	2	Abbreviation key	4
	3	Legislation history	5
	4	Amendment history	6
	5	Earlier republications	7

Amendments incorporated to
12 September 2001

Australian Capital Territory
Anglican Church of Australia Constitution Act 1961

    

  

1A 	Application of Legislation Act
The Legislation Act 2001 does not apply to instruments made under this Act.
2	Constitution, canons and rules to be binding for Church property purposes
The several articles and provisions of the Constitution contained in the Schedule to this Act (the Constitution) and any canons and rules to be made under or by virtue or in pursuance thereof are and as provided in the Constitution shall be for all purposes connected with or in any way relating to the property of the Anglican Church of Australia binding on the Bishops, clergy and laity being members of the Anglican Church of Australia in the several Dioceses of the Anglican Church of Australia within the State of New South Wales.
3	Effect of canons and rules
Any canon or rule made under or by virtue or in pursuance of the said Constitution which contravenes any law or statute in force for the time being in the said State, shall to the extent of such contravention be incapable of having any force or effect.
8	Administration of customary oaths
It shall be lawful for any Bishop Commissary Administrator Chancellor Archdeacon or Registrar holding office in any Diocese of the Anglican Church of Australia to administer to any Bishop Clergyman or member of the said Church the oath or oaths customarily used heretofore at the ordaining of deacons or priests, consecration or enthronement of bishops institution of clergy to a cure of souls in a parish or other ecclesiastical district installation induction or collation to any office on the grant of any License in the said Church in the State of New South Wales and it shall be lawful for such persons to take or make such oath or oaths.
9	Powers of tribunal under Constitution, ch 9 
For the purpose of securing the attendance of witnesses and the production of documents, and for the examination of witnesses on oath or otherwise, a tribunal mentioned in the Constitution, chapter 9 shall be deemed to be an arbitrator within the meaning of the Commercial Arbitration Act 1986 and shall have power to administer an oath to, or take an affirmation from, a witness, and for the same purpose any party to a proceeding before such a tribunal or any person permitted by any such tribunal to submit any evidence to it shall be deemed to be a party to a reference or submission to arbitration within the meaning of that Act.

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 and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
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.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
ins = inserted/added	reloc = relocated	
LA = Legislation Act 2001	R[X] = Republication No	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
This Act was originally a NSW Act—the Church of England in Australia Constitution Act 1961 No 16 (NSW).
The Church of England in Australia Constitution Act 1961 (NSW) was applied, in an amended form, as an ACT law by the Church of England Trust Property Act 1928 No 19, section 3A. (Section 3A was inserted by the Church of England Trust Property Act 1967 No 8).
The Act was renamed the Anglican Church of Australia Constitution Act 1961 by the Anglican Church of Australia Act 1980 No 42.
Under the Interpretation Act 1967, s 65 (now expired) 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 No 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 Act 1928 No 18 (as am by Cwlth Acts 1967 No 8 and 1986 No 84)
notified 6 September 1928
commenced 6 September 1928
Church of England Trust Property Act 1967 No 8
notified 17 May 1967
commenced 17 May 1967
Note	This Act only amends the Anglican Church of Australia Trust Property Act 1928 No 18
Anglican Church of Australia Ordinance 1980 No 42 sch 1
notified 27 November 1980
sch 1 commenced 27 November 1980
Commercial Arbitration Act 1986 No 84 s 59
notified 22 December 1986
commenced 22 December 1986
Note	This Act only amends the Anglican Church of Australia Trust Property Act 1928 No 18
	Legislation after becoming Territory enactment
Legislation (Consequential Amendments) Act 2001 No 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)
4	Amendment history
Application of Legislation Act
s 1A	ins 2001 No 44 amdt 1.124
Constitutions, canons and rules to be binding for Church property purposes
s 2	am 1928 No 19 (as am by 1980 No 42 sch 1)
Administration of customary oaths
s 8	am 1928 No 19 (as am by 1986 No 84 s 59)
Powers of tribunal under chapter 9 Constitution
s 9	am 1928 No 19 (as am by 1980 No 42 sch 1; 1986 No 84 s 59)

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.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1986 No 84	31 August 1992	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002