New South Wales Consolidated Acts

ANGLICAN CHURCH OF AUSTRALIA TRUST PROPERTY ACT 1917 - SECT 32A

32A Limited substitution of trust of income

(1) In this section:
"church trust property" does not include church trust property held for the sole benefit of a particular parish.
"prescribed period" in relation to an ordinance made under subsection (3) means:

(a) where the ordinance specifies a particular period of 12 months as the prescribed period for the purposes of this section-that period of 12 months, or

(b) in any other case-the period of 12 months that next succeeds assent to the ordinance by the Bishop of the diocese.

(2) This section applies to the Diocese of Sydney but does not apply to any other diocese until an ordinance of the synod of that other diocese is published in the Gazette under the hand of the Bishop declaring that this section applies to that other diocese.

(3) The synod of a diocese to which this section applies may by ordinance declare that it is temporarily inexpedient to carry out or observe the trusts to which the income from that property, or a specified part of that income, is subject.

(4) Where the synod of a diocese makes an ordinance under subsection (3) with respect to any income it may, by the same or a subsequent ordinance, declare that, during the prescribed period for the ordinance, that income is held upon trusts, specified in the ordinance, for or for the use, benefit or purposes (whether within or beyond that diocese or the State) of the Church of England in Australia.

(5) Income to which a declaration under subsection (4) relates shall, during the prescribed period for the ordinance by which the declaration is made, be held upon the trusts specified in that ordinance to the exclusion of any other trusts to which it was subject and shall, at the expiration of that prescribed period, become again subject to those other trusts.