Australian Capital Territory
Presbyterian Church (Proposals for Union with other Churches) Act 1972     No 17
Republication No 2
Republication date: 24 July 2002
Last amendment made by A2001‑44
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 Presbyterian Church (Proposals for Union with other Churches) Act 1972 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 24 July 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 12 September 2001.  
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 includes 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.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Presbyterian Church (Proposals for Union with other Churches) Act 1972

Contents
	Page
	1	Name of Act	2
	2	Definitions for Act	2
	3	Provisions applicable if less than 1/3 of members of a congregation vote ‘Yes’ to second question	2
	4	Provisions applicable if 1/3 or more vote ‘Yes’ to second question	3
	5	Application for determination of trusts by commission	3
	6	Dealings with congregational property pending determination by commission	4
	7	Constitution of commission	4
	8	Hearing and determination by commission	5
	9	Effect of determination by the commission	5
	10	Regulation-making power	5
Schedule 1	Provisions relating to voting by members of congregations	6
Endnotes
	1	About the endnotes	8
	2	Abbreviation key	8
	3	Legislation history	9
	4	Amendment history	10
	5	Earlier republications	10

Amendments incorporated to
12 September 2001

Australian Capital Territory
Presbyterian Church (Proposals for Union with other Churches) Act 1972

An Act to make provision in relation to the trusts on which property of the Presbyterian Church of Australia is to be held

    

1	Name of Act
This Act is the Presbyterian Church (Proposals for Union with other Churches) Act 1972.
2	Definitions for Act
In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
church trust property—see the Trust Property Act.
congregation—see the Trust Property Act.
the Church—see the Trust Property Act.
the commission means the commission referred to in section 7.
the General Assembly means the General Assembly of the Presbyterian Church of Australia.
the Trust—see the Trust Property Act.
the Trust Property Act means the Presbyterian Church  Trust Property Act 1971.
3	Provisions applicable if less than 1/3 of members of a congregation vote ‘Yes’ to second question
If—
	(a)	the members of each congregation in the ACT have voted, in accordance with schedule 1, clause 2, on the questions set out in schedule 1, clause 1 relating to a proposed union of the Church with another church or other churches; and
	(b)	less than 1/3 of the members of a congregation who voted on the questions voted ‘Yes’ on the second question; and
	(c)	the General Assembly has resolved to enter into union with another church or churches;
all property held by the Trust on behalf of that congregation shall, unless an application is made as provided by section 5 cease, on the passing of that resolution, to be church trust property within the meaning of the Trust Property Act and shall be held by the Trust for the purposes of the church to be formed as a result of the union specified in the resolution.
4	Provisions applicable if 1/3 or more vote ‘Yes’ to second question
If—
	(a)	the members of each congregation in the ACT have voted, in accordance with schedule 1, clause 2, on the questions set out in schedule 1, clause 1 relating to a proposed union of the Church with another church or other churches; and
	(b)	1/3 or more than 1/3 of the members of a congregation who voted on the questions voted ‘Yes’ on the second of the questions; and
	(c)	the General Assembly has resolved to enter into union with another church or churches;
all property held by the Trust on behalf of that congregation shall, unless an application is made as provided by section 5, continue to be church trust property within the meaning of the Trust Property Act and shall be held by the Trust as if this Act had not been made.
5	Application for determination of trusts by commission
At any time after the counting of votes cast by members of a congregation and before the General Assembly has resolved to enter into union with other churches, an application signed by not less than 1/20 of the members of the congregation who were entitled to cast a vote may be made to the General Assembly requesting the General Assembly, in the event of the General Assembly resolving to enter into union with other churches, to refer for hearing and determination by a commission to be constituted by the General Assembly the question on what trusts the property held, on the date of the resolution, by the Trust on behalf of the congregation is thereafter to be held by the Trust.
6	Dealings with congregational property pending determination by commission
If an application is made by members of a congregation in accordance with section 5, property that is, on the day when the General Assembly resolves to enter into union with the other church or churches, held by the Trust on behalf of the congregation shall continue, after that day and unless the commission makes, under section 8 a determination to the contrary in relation to that property, to be held by the Trust as if this Act had not been made.
7	Constitution of commission
	(1)	If—
	(a)	an application is made under section 5; and
	(b)	the General Assembly resolves to enter into union with another church or other churches;
the General Assembly shall refer the application to a commission consisting of—
	(c)	2 groups, each of the same number, one group representing persons who have voted in favour of the union and the other group representing persons who have voted to remain in membership of the Presbyterian Church of Australia; and
	(d)	3 independent persons acceptable to both of those groups;
who shall be appointed by the General Assembly.
	(2)	The General Assembly shall appoint 1 of the persons referred to in subsection (1) (d) to be chairperson of the commission.
8	Hearing and determination by commission
The commission shall, as soon as practicable after an application under section 5 is referred to it, hear, in accordance with the procedure prescribed by the regulations, the application and shall make, in accordance with the principles specified in the regulations as the principles to be applied by it, a determination specifying the trusts on which the property referred to in the application is to be held.
9	Effect of determination by the commission
If the commission has determined that property be held by the Trust for the purposes of the church to be formed as a result of the union, that property shall, on and from the date of the determination by the commission, cease to be church trust property within the meaning of the Trust Property Act and shall be held, on and from that date and until other provision is made by law, by the Trust for the purposes of the church to be formed as a result of the union.
10	Regulation-making power
The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Schedule 1	Provisions relating to voting by members of congregations
(see s 3 (1), s 4 (1))
1		The following questions are the questions on which the members of a congregation are to vote:
	(a)	Do you desire this congregation to become a congregation of the church which may result from the proposed union?
	(b)	Should the required majority vote for union be obtained in presbyteries, state general assemblies and the general assembly of Australia, do you desire to remain in membership of any Presbyterian Church of Australia continuing to function on the present basis?
2	(1)	For the purpose of enabling members of congregations to vote on the questions set out in clause 1, all sessions shall have purged their communion roles as at a date specified by a commission of the General Assembly appointed by the General Assembly for the purpose and shall have submitted to the presbytery of the bounds a voting register in duplicate showing all names on the communion roll at the date of the submission to the presbytery.
	(2)	Both copies of the voting register shall be certified by the moderator and clerk of the session as being the voting register.
	(3)	The presbytery of the bounds shall following the submission to it of the voting register attest both copies and shall return 1 copy to the session from which it was received and shall retain the other copy.
	(4)	Only those persons whose names are on an attested voting register may take part in the vote.
	(5)	Sessions shall make available voting papers containing the said questions at least 14 days before a date fixed by the session for the close of voting, upon which the voters shall indicate whether their answer is ‘Yes’ or ‘No’ to each of the questions.
	(6)	Voting papers must be signed by the voter and returned prior to the close of voting.
	(7)	The session shall count the votes and transmit the number of ‘Yes’ votes and the number of ‘No’ votes cast with respect of each question to the clerk of the presbytery of the bounds for transmission to the clerk of the assembly through the clerk of the state general assembly.

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	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	Legislation history
This Act was originally a Commonwealth ordinance—the Presbyterian Church (Proposals for Union with other Churches) Ordinance 1972 Ord1972-17 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
	Legislation before becoming Territory enactment
Presbyterian Church (Proposals for Union with other Churches) Act 1972 A1972-17
notified 16 June 1972
commenced 16 June 1972
as amended by
Ordinances Revision (Administrative Arrangements) Ordinance 1977 Ord1977‑18 pt 6
notified 21 June 1977
pt 6 commenced 21 June 1977
Self-Government (Consequential Amendments) Ordinance 1989 Ord1989‑38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
	Legislation after becoming Territory enactment
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 294
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 294 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
4	Amendment history
Regulation-making power
s 10	am Ord1977‑18 s 12; Ord1989‑38 sch 1
	sub A2001‑44 amdt 1.3273
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	Ord1989‑38	1 July 1993	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002