(1) A new diocese may be formed in any of the following ways, that is to say: —
44 (1) A new diocese may be formed in any of the following ways, that is to say: —
By separation of territory from a diocese.
By the union of two or more dioceses or parts of dioceses.
Out of territory in Australia which is not part of any diocese, and either out of such territory alone or out of such territory together with any diocese or part of a diocese.
As a missionary diocese, whether within or outside Australia.
Where a new diocese is formed by separation of territory from a diocese or by the union of two or more dioceses or parts of dioceses, the proposal to form the new diocese may be initiated by the diocese or dioceses concerned or by the province, if any, in which the diocese or dioceses are included, but the new diocese shall not be formed unless such diocese or dioceses and province, if any, agree by ordinance of their respective synods that the new diocese shall be formed, and general synod by canon ratify the formation of the new diocese.
In any other case the proposal to form a new diocese may be initiated in general synod, but where any diocese or part of a diocese is to be included, the new diocese shall not be formed unless the synod of the diocese and the synod of the province in which the diocese is included concur by ordinance and the new diocese shall be deemed to be formed as general synod may by canon determine.
Upon the formation of a new diocese any Church trust property allocated to the new diocese by ordinance of the synod of any diocese concerned, and any Church trust property allocated to the new diocese by canon of general synod in any case where a diocese is not concerned, shall, by virtue of the ordinance or canon, as the case may be, and without any other assurance in the law, be held by and be vested in the trustees then or thereafter appointed for the purpose and upon and subject to the trusts affecting the same, but for the use, benefit and purposes of this Church within the new diocese.
45. (1) A diocese may by ordinance surrender the whole or any part of its territory to any other diocese, and that other diocese may by ordinance accept the territory so surrendered. Provided, however, a diocese which has been formed by the separation of territory from a diocese or dioceses shall not surrender such territory to any diocese other than the diocese from which the territory was last separated without the consent of such lastmentioned diocese given by an ordinance of the synod thereof.
The surrender and acceptance may be made upon such terms and conditions, including the allocation of Church trust property as may be agreed upon by ordinances made by the dioceses concerned.
A diocese may by ordinance alter its boundaries so as to include territory which is not part of any diocese or so as to exclude territory otherwise than by surrender to another diocese.
Any surrender or alteration under this section shall not take effect until ratified by or under canon of general synod.
46. General synod may by canon admit to the synod any diocese the territory of which is partly or wholly outside Australia and may upon such admission impose such terms and conditions, including the extent of representation in the house of clergy and in the house of laity, as the synod thinks fit.
Diocesan Synods
47. The constitution of each diocese of the Anglican Church of Australia in Australia and Tasmania shall, subject to this Constitution, continue as at the date on which this Constitution takes effect, until altered in accordance therewith.
48. The constitution of a new diocese shall provide for the election or appointment of the first bishop of the diocese and shall contain such other provisions as may be deemed necessary or convenient, whether set forth expressly or adopted by reference to the provisions set forth in a canon of general synod, or adopted by reference to the provisions of the constitution of any other diocese, and whether so adopted with or without modifications and additions.
The constitution of the new diocese shall not take effect until ratified by or under canon of general synod.
49. In a missionary diocese or in a diocese in which less than ten priests are licensed, if there be no diocesan synod and until general synod by or under any canon otherwise prescribes there shall be a diocesan council with such constitution as general synod thinks fit.
If in any diocese in which there is no provision for a synod the office of the bishop become vacant, the office shall be filled as prescribed by canon of general synod, or if there is no such canon, then in accordance with the provisions under which the last election or appointment was made.
If in any diocese there is no synod or diocesan council the general synod may by canon appoint a synod or council.
50. The constitution of a diocese may be altered in accordance therewith or as the synod of the diocese may by ordinance determine in accordance with any canon of general synod.
51. Subject to this Constitution a diocesan synod may make ordinances for the order and good government of this Church within the diocese, in accordance with the powers in that behalf conferred upon it by the constitution of such diocese.
Consent of Diocese to Alteration
52. (1) Notwithstanding any provision to the contrary contained in this Constitution or anything done thereunder, general synod shall not, without the assent by ordinance of the diocese concerned, alter or permit the alteration of —
the constitution or boundaries of a diocese or any of the powers, rights or duties of the synod of a diocese or of any diocesan society, council, board, agency or authority, including the powers, rights and duties relating to Church trust property and the rights of a diocese with regard to the election of its bishop;
the qualifications or mode of election of the representatives of a diocese in general synod;
the status of any diocese as a metropolitan see or the title to or tenure of office of any metropolitan.
Except with its own assent by ordinance, no metropolitan see shall cease to be a metropolitan see or to have associated with it three dioceses.
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