Anglican Church of Australia Constitution Act 1973 (Tas)

Anglican Church of Australia Constitution Act 1973

An Act to consolidate the law relating to the Church of England in Australia in this State [Royal Assent 22 January 1974]

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 Act 1973 .

2. Repeals, savings, and application of laws (1) The Acts referred to in Schedule 1 are repealed, so far as they have not already been repealed by Act of Synod. (2) Subject to subsection (3) , the Imperial Acts referred to in Schedule 2 are repealed if and so far as they have any force in this State, but if and so far as they have any such force shall be deemed, notwithstanding their repeal, to be binding – (a) on the bishops, clergy, and laity being and as members of the Church in the Diocese; and (b) for all purposes connected with or in any way relating to the property of the Church – as if they had been, at the time of their enactment, agreed to in time of Parliament and with the assent of the King that then was by both houses of the Convocations of the provinces of Canterbury and York. (3) Nothing contained in subsection (2) affects the operation of the Exoneration from Roman Exactions Act, 1533 referred to in Schedule 2 , so far as, in its sections 2 to 12 , it authorizes and regulates the issue of licences, dispensations, compositions, faculties, delegacies, rescripts, instruments, and other writings and provides for their effect, and that Act may be cited as the Ecclesiastical Licences Act, 1533 . (4) The Clerical Subscription Act, 1865 of the Imperial Parliament shall be deemed to have extended to this State and to be referred to in Schedule 2 . (5) In this State there is not and has not been and could not be any right of presentation to a benefice or advowson at common law or by the canon law or under any Imperial Act. (6) All Acts of Synod in force at the commencement of this Act shall remain in force as ordinances so far as they could be made as ordinances under this Act. (7) All resolutions of the Synod in force at the commencement of this Act shall remain in force – (a) as ordinances so far as they could be made, and made only, as ordinances under this Act; and (b) as resolutions of the Synod so far as they could not be made as ordinances but could be made as resolutions under this Act. (8) Rules made by the corporate trustees under section 13 of the Church of England Constitution Act 1899 in force at the commencement of this Act shall remain in force as if made under section 10 (8) .