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TASMANIA
__________
ANGLICAN CHURCH OF AUSTRALIA
CONSTITUTION AMENDMENT BILL (No. 2)
2002
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 12A inserted
12A. Variation of trusts
[Bill 52]-I
2
ANGLICAN CHURCH OF AUSTRALIA
CONSTITUTION AMENDMENT BILL (No. 2)
2002
(Brought in by the Premier, the Honourable James
Alexander Bacon)
A BILL FOR
An Act to amend the Anglican Church of Australia
Constitution Act 1973
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Anglican Church of
Australia Constitution Amendment Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Anglican Church of Australia
Constitution Act 1973* is referred to as the Principal Act.
*No. 90 of 1973
[Bill 52] 3
s. 4 No. Anglican Church of Australia 2002
Constitution Amendment (No. 2)
Section 12A inserted
4. After section 12 of the Principal Act, the following
section is inserted:
Variation of trusts
12A. (1) The Synod may make an ordinance
empowering the Diocesan Council to make a request
by resolution to the corporate trustees to
(a) declare by resolution any trusts, to
which any property vested in the Church
is for the time being subject, to be varied
if the Diocesan Council is of the opinion
that it has become impossible or
inexpedient to carry out or observe those
trusts; and
(b) declare, by the same or a subsequent
resolution, other trusts for, or for the
use, benefit or purpose of, the Church
instead of the first-mentioned trusts.
(2) If the corporate trustees make a resolution
referred to in subsection (1), the trusts first-
mentioned in that subsection, by force of that
resolution, cease and determine and the property
vested in those trusts is to be held on the other
trusts accordingly.
(3) Any property in respect of which other
trusts are declared under this section is to be dealt
with for the same purposes as nearly as practicable
as the purposes for which the property was held in
accordance with the trusts first-mentioned in
subsection (1) unless the corporate trustees make a
resolution declaring that, by reason of circumstances
subsequent to the creation of those trusts, it is, in
the opinion of the corporate trustees, impossible or
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2002 Anglican Church of Australia No. s. 4
Constitution Amendment (No. 2)
inexpedient to deal with or apply that property or
some part of it for the same or like purposes.
(4) If the corporate trustees have made a
resolution referred to in subsection (3), the property
may be dealt with and applied for the use or benefit
of the Church for such purposes as are declared by
resolution of the corporate trustees.
Government Printer, Tasmania 5