Australian Capital Territory
Anglican Church of Australia Constitution Act 1961    
A1961-16
Republication No 4
Effective:  12 April 2007 – 30 June 2017
Republication date: 12 April 2007
Last amendment made by A2007‑3

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 12 April 2007.  It also includes any amendment, repeal or expiry affecting the republished law to 12 April 2007.  
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 does not include amendments 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.

Australian Capital Territory
Anglican Church of Australia Constitution Act 1961

Contents
	Page

	1AA	Name of Act	2
	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

Australian Capital Territory
Anglican Church of Australia Constitution Act 1961

    

1AA	Name of Act
This Act is the 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 Diocese within the ACT.
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 ACT, 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 ACT 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.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	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 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))
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)
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	

©  Australian Capital Territory 2007