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s 74

(1) In the constitution unless the context or subject matter otherwise indicates —

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74 (1) In the constitution unless the context or subject matter otherwise indicates —

“alteration” includes repeal, and “alter” and “altered” have a meaning corresponding with that of alteration;

“Australia” includes the Commonwealth of Australia and any territory under the control of the Commonwealth of Australia, whether by trusteeship or otherwise;

“canonical fitness” means the qualifications required in the Church of England in England for the office of a bishop, at the date when this Constitution takes effect;

“canonical scriptures” means the canonical books as defined by the sixth of the Thirty‑nine Articles;

“ceremonial” includes ceremonial according to the use of this Church, and also the obligation to abide by such use;

“Church trust property” means property held in trust for or on behalf of or for the use of this Church and includes property held for the benefit of or in connection with any diocese or parish or otherwise;

“diocesan bishop” means the bishop of a diocese;

“diocesan council” in a diocese where there is a synod means the body exercising powers and functions of the synod on its behalf when it is not in session;

“diocesan synod” and “synod of a diocese” include a diocesan council where there is no diocesan synod;

“diocese” means a diocese of this Church;

“discipline” includes the rules of this Church and the rules of good conduct;

“doctrine” means the teaching of this Church on any question of faith;

“faith” includes the obligation to hold the faith;

“general synod” or “synod” means the general synod under this Constitution;

“license” means a license under seal of the bishop of a diocese, and “licensed” has a meaning corresponding with that of license;

“member of this Church” means a baptised person who attends the public worship of this Church and who declares that he is a member of this Church and not a member of any other church;

“Metropolitan” includes the bishop exercising the authorities, powers, rights and duties of the Metropolitan;

“missionary diocese” means each of the following: The Diocese of New Guinea, the Diocese of North‑west Australia, the Diocese of Carpentaria, and any other diocese formed as a missionary diocese under this Constitution;

“ordinance” includes any act, canon, constitution, statute, legislative measure or provision of a provincial or diocesan synod or of the competent authority in or with respect to a missionary diocese;

“parish” includes any parochial district or similar pastoral division constituted by or under ordinance of the synod of a diocese;

“parishioner” means a member of this Church who is entitled to vote at a meeting of a parish for the election of churchwardens, or who if no such meeting is provided for, is at least twenty‑one years of age;

“primate” includes the Metropolitan or bishop exercising the authorities, powers, rights and duties of the Primate;

“printing” shall include typing, duplicating or any other method of producing facsimile copies;

“provincial synod” includes a provincial council;

“ritual” includes rites according to the use of this Church, and also the obligation to abide by such use;

“see” means a see of this Church;

“State” means a State of the Commonwealth of Australia;

“this Church” means the Church of England in Australia;

“this Constitution” or “the Constitution” means the Constitution of this Church;

“voting by houses” means the procedure whereby three distinct votes are taken, that is to say, a vote of the house of laity, a vote of the house of clergy, and a vote of the house of bishops.

(2)

In this Constitution “the Book of Common Prayer” means the Book of Common Prayer as received by the Anglican Church of Australia in the Dioceses of Australia and Tasmania before and in the year of our Lord, one thousand nine hundred and fifty‑five, that is to say, the book entituled “The Book of Common Prayer and Administration of the Sacraments and other rites and ceremonies of the Church according to the use of the Anglican Church of Australia together with the Psalter or Psalms of David pointed as they are to be sung or said in churches and the form or manner of making, ordaining and consecrating of bishops, priests and deacons,” and generally known as the Book of Common Prayer, 1662.

(3)

In this Constitution “the doctrine and principles of the Church of England embodied in the Book of Common Prayer” and the “articles of religion” sometimes called the “Thirty‑nine Articles” means the body of such doctrine and principles.

(4)

In this Constitution, unless the context or subject matter otherwise indicates, any reference to faith shall extend to doctrine.

(5)

In this Constitution “decision of any judicial authority” shall include any judgment, order, decree, sentence or order in council and the reasons, report or recommendation therefor, and “judicial authority” shall include any court, judge, tribunal, body or person having either secular or ecclesiastical jurisdiction, whether before or after the date on which this Constitution takes effect, and without affecting the generality of any other provision of this Constitution it is hereby declared that “judicial authority” shall include the Court which was commonly called the High Court of Delegates, the King’s Majesty in Council to which the powers of that Court were transferred, and the Judicial Committee of the Privy Council.

(6)

In the case of lay but not clerical persons, words in this Constitution importing the masculine shall include the feminine.

(7)

This Constitution shall, unless the context or subject matter otherwise indicate, be construed as if the Acts Interpretation Act 1901‑1948 of the Parliament of the Commonwealth of Australia applied to this Constitution.

75. This Constitution is divided into the following parts and chapters: —

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