32BUse of property jointly with other
churches
(1)
The synod of a diocese may, by ordinance, make
provision, either generally or for a particular case, for and in relation
to—
(a)
the use, by the Anglican Church, of church trust
property for a purpose of the Anglican Church and by a church of another
denomination for a purpose of that church, jointly or jointly and
severally,
(b)
the acquisition, by the corporate trustees for
the diocese, or by other trustees, of property to be so used,
and
(c)
the application of moneys vested in—
(i)
the corporate trustees for the
diocese,
(ii)
other trustees, or
(iii)
any churchwardens or other persons holding office
under an ordinance of the synod,
upon trust for the use, benefit or purpose of the
Anglican Church in the diocese upon, or in connection with, any specified
purpose as defined by subsection (2).
(2)
In subsection (1), specified purpose
means—
(a)
the acquisition of land or other property
by—
(i)
the corporate trustees for the
diocese,
(ii)
other trustees on behalf of the Anglican Church,
or
(iii)
trustees on behalf of a church of another
denomination,
to be used by the Anglican Church for a purpose of the
Anglican Church and by a church of another denomination for a purpose of that
church, jointly, or jointly and severally,
(b)
the erection of a building to be so used,
or
(c)
the repair, alteration or maintenance of a
building or other property so used, or to be so
used.
(3)
Subsection (2) applies to the erection of a
building, and to the repair, alteration or maintenance of a building or other
property, whether or not the land on which the building is to be erected, or
is erected, or whether or not the property, is vested in—
(a)
the corporate trustees for the
diocese,
(b)
other trustees on behalf of the Anglican Church,
or
(c)
trustees on behalf of a church of another
denomination.
(4)
The power of the synod of a diocese to make
ordinances under subsection (1) includes power to make ordinances authorising
the bishop of the diocese to enter into an agreement with the proper authority
of a church of another denomination for the use of land or other property
(including church trust property) by the Anglican Church for a purpose of the
Anglican Church and by the church of that other denomination for a purpose of
that church, jointly, or jointly and severally, and, in connection with that
use, for the acquisition of land or other property, for the erection of a
building on land or for the repair, alteration or maintenance of a building on
land, or of other property, whether or not the land or other property is
vested in—
(a)
the corporate trustees for the
diocese,
(b)
other trustees on behalf of the Anglican Church,
or
(c)
trustees on behalf of the church of that other
denomination.
(5)
The corporate trustees for the diocese, and any
other trustees holding office under, or in accordance with, this Act, are, by
virtue of this subsection, authorised to hold land that is, for the time
being, subject to a trust for the use, benefit or purpose of the Anglican
Church and of a church of another denomination.
(6)
The synod of a diocese has, in relation to land
or other property that is, for the time being, subject to a trust for the use,
benefit or purpose of the Anglican Church and of a church of another
denomination, and the corporate trustees for a diocese, or other trustees, in
whom any such land or property is vested, have the like powers in relation to
that land or property, as they have under this Act in relation to church trust
property.
(7)
In the exercise of powers under section 26, by
virtue of subsection (6) of this section, the synod of a diocese may make
provision for the application of the real and personal property arising from
the sale, exchange, letting or other dealing mentioned in section 26 for the
use, benefit or purposes of—
(a)
the Anglican Church,
(b)
a church of another denomination,
or
(c)
the Anglican Church and a church of another
denomination, either jointly or severally.
(8)
In the exercise of powers under section 32 by
virtue of subsection (6) of this section, the synod of a diocese may declare
other trusts, in respect of property, for the use, benefit or purposes
of—
(a)
the Anglican Church within the
diocese,
(b)
a church of another denomination,
or
(c)
the Anglican Church within the diocese and a
church of another denomination, either jointly or
severally,
instead of the trusts first mentioned in section 32, and
the proviso to section 32 shall only apply to and in relation to so much (if
any) of the property as is, under the other trusts, to be held for the use,
benefit or purposes of the Anglican Church within the
diocese.
(9)
Subject to subsection (10), the use of the church
trust property, and the application of church trust property (including moneys
arising from the conversion into money of church trust property), in
accordance with an ordinance made under this section, or in accordance with an
agreement entered into in accordance with an ordinance made under this
section, shall, for all purposes, be deemed to be, and to have been, lawfully
used or applied notwithstanding the provisions of any trust upon which the
property was or is, or the moneys were or are, held.
(10)
Where—
(a)
church trust property, or church trust property
from which moneys were derived, was gratuitously granted or assured by a
private donor within 20 years before the use or application of the property or
moneys in accordance with an ordinance or agreement referred to in subsection
(9), and
(b)
the trust instrument (if any) relating to that
property expressly forbade the use or application of the property by, or for
purposes of, the church of the other denomination concerned, or by, or for
such purposes of, a church of a denomination other than the Anglican
Church,
subsection (9) does not apply to or in relation to the
use or application of the property or moneys in accordance with that ordinance
or agreement, unless the donor, if living, has consented to the property or
moneys being so used.
(11)
In this section, unless the contrary intention
appears—
(a)
a reference to the Anglican Church shall be read
as a reference to the Anglican Church of Australia,
(b)
a reference to the corporate trustees for a
diocese shall be read as including a reference to the bishop of a diocese as
trustee of land or other property,
(c)
a reference to the use of property by the
Anglican Church shall be read as a reference to the use of property by a
diocese, a parish, or a body established by a diocese or parish, including,
but without limiting the generality of the foregoing, a body of persons
worshipping regularly at a place according to the rites of the Anglican
Church,
(d)
a reference to the use of property by a church of
another denomination shall be read as a reference to the use of property by
any unit of that church, howsoever designated, or by a body established by
that church or such a unit, including, but without limiting the generality of
the foregoing, a body of persons worshipping regularly at a place according to
the rites of that church,
(e)
a reference to a purpose of the Anglican Church
shall be read as a reference to a religious, educational or other purpose of a
diocese, parish or body referred to in paragraph (c), and
(f)
a reference to a purpose of a church of another
denomination shall be read as a reference to a religious, educational or other
purpose of a unit or body of that church referred to in paragraph
(d).
pt 7A (s 32B): Ins
1988 No 126, Sch 1 (2).