Western Australia
Anglican Church of Australia Act 1976
Reprinted as at 5 May 2000
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original Act are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
Editorial notes show if something has been omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything omitted can be found in an earlier reprint (if there is one) or the Act as passed.
Reprinted under the Reprints Act 1984 as at 3 May 2002
Western Australia
Anglican Church of Australia Act 1976
An Act to change to “Anglican Church of Australia” the name of the Church of England in Australia.
1.Short title
This Act may be cited as the Anglican Church of Australia Act 1976 1.
2.Commencement and interpretation
(1)This section and section 1 shall come into operation on the date on which this Act receives the Royal Assent 1.
(2)Except as provided in subsection (1), this Act shall come into operation on such day as is, on the recommendation of the Primate of the Church of England in Australia, fixed by proclamation 1.
(3)In this Act —
“appointed day” means the day fixed by proclamation under subsection (2);
“law of the State” means —
(a)an Act including the title and citation thereof;
(b)regulations, rules, local laws or by‑laws having effect by virtue of an Act; and
(c)an instrument having effect by virtue of an Act or of any regulations, rules, local laws or by‑laws referred to in paragraph (b) of this interpretation; and
“subsection” means a subsection of the section wherein the term is used.
3.Change of name
The name of the Church of England in Australia referred to in the Church of England in Australia Constitution Act 1960, is hereby changed to “Anglican Church of Australia”.
4.Construction of laws of the State, laws of the Church, and instruments
On and from the appointed day a reference, however expressed, to the Church of England or to the Church of England in Australia in —
(a)any law of the State in force immediately before the appointed day;
(b)Church Canons of the General Synod of the Church of England in Australia so in force;
(c)Church Ordinances, Acts, or Statutes of a Provincial or Diocesan Synod of that Church so in force;
(d)Church Rules and Regulations made by the authority of those Canons, Ordinances, Acts, or Statutes and so in force; and
(e)grants, deeds, wills and other instruments having effect on or after that day,
shall be construed as a reference to the Anglican Church of Australia.
5.Savings
(1)This Act does not prejudice or affect the continuity of any corporation or any property, rights, authorities, duties, functions or obligations of any corporation.
(2)Any legal proceedings that immediately before the appointed day had been, or could have been, commenced or continued by or against any corporation of which the name is changed by this Act may be commenced or continued by or against the corporation under the new name of the corporation.
6.Offence
(1)After the expiration of 6 months after the appointed day, a person shall not, for the purposes of, or in connection with, any business, trade or profession use or cause or permit to be used —
(a)the name “Church of England”, “Church of England in Australia” or “Anglican Church of Australia”; or
(b)the description “Anglican”,
whether that name or description is used with other words or not, unless he has been authorised so to do by or pursuant to a Canon of the General Synod of the Church of England in Australia or the General Synod of the Anglican Church of Australia.
Penalty: $100.
(2)Subsection (1) does not operate to deprive the Anglican Church of Australia wholly or partly of any right or remedy that it would have had if that subsection had not been enacted.
7.Construction of references in laws of the State to be direct amendment thereof
Where a reference, however expressed, in a law of the State to the Church of England or to the Church of England in Australia is by force of this Act construed as a reference to the Anglican Church of Australia, that construction shall, unless the context otherwise requires, be and be deemed to be for all purposes a direct amendment to that law of the State.
