New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

ANGLICAN CHURCH OF AUSTRALIA TRUST PROPERTY ACT 1917 - NOTES

- As at 15 July 1999 - Act 21 of 1917

Church of England Trust Property Act 1917

Note:

In this Act, a reference to the Church of England or to the Church of England in Australia is to be construed as a reference to the Anglican Church of Australia-see Anglican Church of Australia Act 1976, sec 4 (a) and Sch 1.

Reprint history (since 1972):

Reprint No 1   13 December 1979  
Reprint No 2   13 November 1991  

Preamble

WHEREAS the Acts relating to property held upon any trust for or for the use, benefit, or purposes of the Church of England in dioceses within New South Wales, and the Acts conferring powers upon the synods of the dioceses with reference to the said property are numerous, ambiguous, and discursive, and it is therefore expedient to consolidate and amend the same:

Be it therefore enacted by the King’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:

Historical notes

The following abbreviations are used in the Historical notes:

Am amended LW legislation website Sch Schedule
Cl clause No number Schs Schedules
Cll clauses p page Sec section
Div Division pp pages Secs sections
Divs Divisions Reg Regulation Subdiv Subdivision
GG Government Gazette Regs Regulations Subdivs Subdivisions
Ins inserted Rep repealed Subst substituted
See also Anglican Church of Australia (Bodies Corporate) Act 1938; and Anglican Church of Australia Act 1976.

Table of amending instruments

Anglican Church of Australia Trust Property Act 1917 No 21 (formerly Church of England Trust Property Act 1917). Assented to 7.11.1917. This Act has been amended as follows:

1923 No 26 Church of England Trust Property Amendment Act 1923. Assented to 8.12.1923.
No 28 Anglican Church of Australia Trust Property (Amendment) Act (No 2) 1923 (formerly Church of England Trust Property (Amendment) Act (No 2) 1923). Assented to 14.12.1923.
1950 No 4 Anglican Church of Australia Trust Property (Amendment) Act 1950 (formerly Church of England Trust Property (Amendment) Act 1950). Assented to 24.3.1950.
1972 No 48 Reprints Act 1972. Assented to 9.10.1972.
1976 No 21 Anglican Church of Australia Act 1976. Assented to 1.4.1976.
Date of commencement of Sch 2, 24.8.1981, sec 2 (2) and GG No 139 of 18.9.1981, p 4892.
No 37 Church of England Trust Property (Amendment) Act 1976. Assented to 5.10.1976.
1981 No 67 Church of England Trust Property (Amendment) Act 1981. Assented to 28.5.1981.
Date of commencement of Sch 1, 4.12.1981, sec 2 (2) and GG No 181 of 4.12.1981, p 6165.
1988 No 126 Anglican Church of Australia Trust Property (Amendment) Act 1988. Assented to 30.12.1988.
Date of commencement, 28 days after assent.
1998 No 120 Statute Law (Miscellaneous Provisions) Act (No 2) 1998. Assented to 26.11.1998.
Date of commencement of Sch 1.1, assent, sec 2 (2).
1999 No 31 Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999.
Date of commencement of Sch 3.2, assent, sec 2 (2); date of commencement of Sch 5, assent, sec 2 (1).
This Act has also been amended pursuant to an order under secs 8 (2) and 9 (3) of the Reprints Act 1972 No 48 (formerly Acts Reprinting Act 1972). Order dated 30.11.1979, and published in Gazette No 171 of 7.12.1979, p 6150, declaring that the Church of England Trust Property Act 1917 is an enactment to which sec 8 (2) and sec 9 (3) of the Acts Reprinting Act 1972 apply.

Table of amendments

No reference is made to certain amendments made by the Reprints Act 1972.

Part 1A, heading Ins 1999 No 31, Sch 5.5 [1].
Sec 1 Am 1976 No 21, Sch 2; 1988 No 126, Sch 1 (1); 1999 No 31, Sch 5.5 [2].
Sec 3 Am 1923 No 26, sec 2.
Sec 4 Am 1981 No 67, Sch 1.
Sec 6A Ins 1976 No 37, Sch 1 (1).
Sec 26 Am 1998 No 120, Sch 1.1 [2] [3].
Sec 26A Ins 1976 No 37, Sch 1 (2).
Sec 27A Ins 1976 No 37, Sch 1 (3).
Sec 32A Ins 1976 No 37, Sch 1 (4).
Part 7A (sec 32B) Ins 1988 No 126, Sch 1 (2).
Sec 35 Am 1976 No 37, Sch 1 (5).
Sec 37 Am 1976 No 37, Sch 1 (6).
Sec 43 Am 1976 No 37, Sch 1 (7); 1988 No 126, Sch 1 (3).
Sec 44 Ins 1923 No 28, sec 2.
Sec 45 Ins 1923 No 28, sec 2. Am 1999 No 31, Sch 3.2.
Sec 46 Ins 1923 No 28, sec 2.
Sec 47 Ins 1950 No 4, sec 2.
The whole Act Am 1998 No 120, Sch 1.1 [1] (“ Church of England Constitutions Act Amendment Act of 1902 ” omitted wherever occurring, “ Anglican Church of Australia Constitutions Act 1902 ” inserted instead).