Uniting Church in Australia Act 1977 (NSW)

Uniting Church in Australia Act 1977 No 47

An Act to make provision for the inauguration of The Uniting Church in Australia; to constitute The Uniting Church in Australia Property Trust (N.S.W.), to define its powers, authorities, duties and functions, and to provide for the vesting in it of certain property; to provide for the construction of certain instruments; to repeal The Congregational Union Incorporation Act, the Methodist Union Act 1902 and certain other Acts; to amend the Newington College Council Act 1922 and certain other Acts; and for incidental purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Uniting Church in Australia Act 1977.

2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided in subsections (1) and (3), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette. (3) Section 20 (3) shall commence on such day (being a day not earlier than the day appointed and notified under subsection (2)) as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 (Repealed)

4 Repeals Each Act specified in Schedule 1 is repealed.

5 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: appointed day means the day appointed and notified under section 2 (2). Assembly means the Assembly of the Church referred to in clause 15 (e) of the Basis of Union and includes the Inaugurating Assembly. Basis of Union means the Basis of Union set forth in Schedule 2. Camden College Act means the Act passed in 1876 and intituled "An Act to incorporate Camden College". Congregational Church means The Congregational Union of Australia and the Congregational Unions in each of the States of the Commonwealth, and includes the individual congregational churches which have resolved to enter into union with the Methodist Church and Presbyterian Church and any department, society, auxiliary, activity, fund, service, institution, or any interest of any such individual churches or Unions. conveyance includes transfer, assignment and assurance. Inaugurating Assembly means the first Assembly of the Church which is convened in accordance with the Basis of Union. Methodist Church means the Methodist Church of Australasia and includes any congregation, circuit, department, society, auxiliary, activity, fund, service, institution or interest thereof save and except the Conferences of Fiji, Samoa and Tonga. Presbyterian Church means the Presbyterian Church of Australia comprising the Presbyterian Church of Australia in the State of 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 subject to the Presbyterian Church of Australia Act 1971. property includes real and personal property and any estate or interest therein and includes any right to receive income. Synod means the Synod of the Church referred to in clause 15 (d) of the Basis of Union within New South Wales. the Church means The Uniting Church in Australia. Trust means The Uniting Church in Australia Property Trust (N.S.W.) constituted by this Act. trust property means property vested in or acquired by the Trust. Uniting Churches means the Congregational Church, the Methodist Church and the Presbyterian Church save and except those congregations of the Presbyterian Church continuing to function after the appointed day under the Scheme of Union of 24 July 1901, as amended, within the meaning of Part 3 of the Schedule to the Presbyterian Church of Australia Act 1971. (2) This Act shall not be construed as operating: (a) to divest any property from or prevent the vesting of any property in: (i) the Council of Newington College, the body politic and corporate constituted by the Newington College Council Act 1922, (ii) The Methodist Trust Association, (iii) the Methodist Overseas-Missions Trust Association, (iv) the Council of Saint Andrew's College, or (v) any person for the purposes of or in connection with the Presbyterian Beneficiary Fund Act 1929, or (b) to repeal or in any way affect the provisions of: (i) the Saint Andrew's College Act 1998, (ii) the Act passed in 1870 and intituled "An Act to enable the Trustees of certain Church Lands at Maitland to appropriate the income derivable from the same for the benefit of the Presbyterian Congregations of Maitland East and Maitland West and to confer extended powers of leasing on the Trustees and for other purposes.", (iii) the Presbyterian Beneficiary Fund Act 1929, (iv) the Presbyterian Church of Australia Act 1900, (v) The Presbyterian Church (New South Wales) Property Trust Act 1936, or (vi) the Presbyterian Church of Australia Act 1971.