Anglican Church of Australia Constitution Amendment Act 2003

Anglican Church of Australia Constitution Amendment Act 2003

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:

1.   Short title

This Act may be cited as the Anglican Church of Australia Constitution Amendment Act 2003 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Anglican Church of Australia Constitution Act 1973 is referred to as the Principal Act.

4.    Section 12A inserted

After section 12 of the Principal Act , the following section is inserted:

12A.   Variation of trusts

(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 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.

[Second reading presentation speech made in:

House of Assembly on 22 MAY 2003

Legislative Council on 29 MAY 2003]