Uniting Church in Australia Act 1977

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

[repealed]

[repealed]

Nothing contained in this Act shall be construed as operating—

to divest any property from or prevent the vesting of any property in—

Emmanuel College as incorporated on 6 October 1911 pursuant to the provisions of the Religious Educational and Charitable Institutions Act 1861, (in this section called the said Act);

the Presbyterian and Methodist Schools Association as incorporated on 28 June 1918 pursuant to the provisions of the said Act;

the John Flynn College as incorporated on 20 January 1966 pursuant to the provisions of the said Act;

the Presbyterian and Methodist Women’s University College (known as Grace College) as incorporated on 13 June 1968 pursuant to the provisions of the said Act;

St Andrew’s War Memorial Hospital as incorporated on 17 January 1974 pursuant to the provisions of the said Act;

King’s College as incorporated on 21 August 1958 pursuant to the provisions of the said Act;

West Moreton Aged Homes Council as incorporated on 30 October 1969 pursuant to the provisions of the said Act;

the Marsden Council as incorporated on 28 March 1974 pursuant to the provisions of the said Act;

Cromwell College as incorporated on 28 January 1960 pursuant to the provisions of the said Act;

Marsden Home for Boys as incorporated on 22 December 1932 pursuant to the provisions of the said Act;

to affect the provisions of—

the Ann Street Presbyterian Church Act 1889;

the St. Andrew’s Presbyterian Church of Rockhampton Act 1891;

the Presbyterian Church Property Act 1909;

the Methodist Church Property Act 1893.

In this Act—

property includes real and personal property and any estate or interest in any property real or personal, and any debt, and anything in action, and any right to receive income, and any other right or interest.

the appointed day means the day on which this Act commences.

Editor’s note—

The appointed day is 22 June 1977 (proc pubd gaz 18 June 1977 p 1050).

the assembly means the assembly of the church referred to in clause 15(e) of the basis of union, and includes the inaugurating assembly.

the basis of union means the basis of union set forth in the schedule.

the church means the Uniting Church in Australia.

the Congregational Church means the Congregational Union of Australia, the Congregational Unions in each of the States, the individual Congregational churches that have resolved to enter into union with the Methodist and Presbyterian Churches, and any department, society, auxiliary, activity, fund, service, institution or any interest of the union or any such unions or any such individual Congregational Churches.

the inaugurating assembly means the first assembly referred to in clause 15(e) of the basis of union.

the Methodist Church means the Methodist Church of Australasia, and includes any congregation, circuit, department, society, auxiliary, activity, fund, service, institution or interest of the said church, but does not include the Conference of Fiji, Samoa and Tonga.

the 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 provisions of the Presbyterian Church of Australia Act 1971.

the Presbyterian Church continuing to function means the Presbyterian Church of Australia continuing to function after the appointed day under the scheme of union of 24 July 1901, as amended, within the meaning of the Presbyterian Church of Australia Act 1971, schedule, part III.

the synod means the synod of the church, referred to in clause 15(d) of the basis of union, within Queensland.

the trust means the Uniting Church in Australia Property Trust (Q.) constituted by this Act.

the 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 the Presbyterian Church of Australia Act 1971, schedule, part III.

trust property means property vested in or acquired by the trust by or pursuant to this Act.

The Uniting Churches are hereby empowered to unite in accordance with the basis of union, such union to take effect on and from the appointed day.

The church formed by such union shall be denominated ‘The Uniting Church in Australia’.

The inaugurating assembly shall be deemed to have been validly convened.

The assembly may adopt a constitution for the church.

The constitution shall be consistent with the provisions of the basis of union.

Notwithstanding subsection (2) and notwithstanding any other provision contained in this Act or in the basis of union, the assembly may amend, alter, repeal or replace the constitution adopted by the assembly from time to time in accordance with provisions contained in the constitution in that regard.

Notwithstanding anything contained in this Act or in the basis of union, the assembly may from time to time—

determine, declare or interpret matters of doctrine, worship, government and discipline in the church;

resolve that the church enter into union with other branches of the Christian church.

There is hereby constituted a body called ‘The Uniting Church in Australia Property Trust (Q.)’.

The trust shall—

be a body corporate with perpetual succession and a common seal;

be capable in law of—

suing and being sued; and

acquiring, holding, dealing with and disposing of real and personal property; and

doing and suffering all such acts and things as bodies corporate may by law do and suffer.