Presbyterian Church of Australia Act 1971 (NSW)

Presbyterian Church of Australia Act 1971 No 42

An Act to enable certain arrangements made between Church of Australia and the State Presbyterian Churches to be carried into effect; to provide for the consequential variation of the trusts upon which certain church property is held and the consequential amendment of certain Acts; and for purposes connected therewith.

1 Name of Act (1) This Act may be cited as the Presbyterian Church of Australia Act 1971. (2) (Repealed)

2 Definitions In this Act, except in so far as the context or subject-matter otherwise indicates or requires: new basis of union means the Basis of Union set forth in the Schedule. old scheme of union means the Basis of Union and Articles of Agreement set forth in the Schedule to the Presbyterian Church of Australia Act 1900. State Presbyterian Churches means the Presbyterian Church of Australia in New South Wales, the Presbyterian Church of Victoria, the Presbyterian Church of Queensland, the Presbyterian Church of South Australia, the Presbyterian Church of Tasmania and the Presbyterian Church in Western Australia.

3 (Repealed)

4 Union with other branches of the Christian church (1) (Repealed) (2) All interests in property that, immediately before the third day of December, one thousand nine hundred and seventy-one, were held by or in trust for some or all of the purposes of the Presbyterian Church of Australia in New South Wales or the General Assembly thereof or any presbytery, session, board or committee of management, congregation, committee, council, board or fund in connection with the Presbyterian Church of Australia in New South Wales shall be so held, and shall be deemed to have been on and from that day so held, subject to Part 3 of the new basis of union. (3) For the purposes of this section: (a) the General Assembly of the Presbyterian Church of Australia constituted under the old scheme of union may exercise all the powers and functions of the General Assembly under Part 3 of the new basis of union, (b) a reference in Part 3 of the new basis of union to synods is a reference to State General Assemblies or, if so required by the context, to State Presbyterian Churches, (c) the provisions of Part 3 of the new basis of union apply, with such modifications as may be necessary, to the Presbyterian Church of Australia constituted under the old scheme of union, the General Assembly thereof, State Presbyterian Churches and the General Assemblies, presbyteries, sessions and congregations thereof, (d) decisions of the General Assembly of the Presbyterian Church of Australia constituted under the old scheme of union and of any commission appointed by it under clause eighteen of Part 3 of the new basis of union shall operate with respect to the Presbyterian Church of Australia so constituted, State Presbyterian Churches and the General Assemblies, presbyteries, sessions and congregations thereof as if they were the Presbyterian Church of Australia constituted under the new basis of union and the courts and congregations thereof, as the case may require, (e) a reference in Part 3 of the new basis of union to the new basis of union shall be construed as a reference to the old scheme of union or, as the case may require, to the constitution of the State Presbyterian Churches. (4) If a union is entered into under Part 3 of the new basis of union and there is in New South Wales a continuing congregation within the meaning of that Part but a continuing State Presbyterian Church is unable to function in New South Wales, the General Assembly of the Presbyterian Church of Australia may, so far as is necessary, place that congregation under the jurisdiction of the church courts in subordination to that General Assembly for so long as that inability persists. (5) This section does not prejudice or affect the operation of section 3.