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PAROCHIAL GOVERNMENT ACT AMENDMENT ACT 2000 (BALLARAT DIOCESE)

A BILL FOR AN ACT NO. 3, 2000

A Bill for an Act to amend the Parochial Government Act 1991-1999

PAROCHIAL GOVERNMENT ACT AMENDMENT ACT 2000


Be it enacted by the Bishop the Clergy and the Laity of the Anglican Church of Australia in the Diocese of Ballarat duly met in Synod according to law as follows:

1. This Act may be cited as ‘the Parochial Government Act Amendment Act 2000’.

2. For the purpose of this Act, the Parochial Government Act 1991-1999 shall be known as ‘the principal Act’.

3. Section 43 of the principal Act is amended by repealing the words ‘in the month of July’ and by inserting in their place the words ‘before the 15th day of August’.

4. In Division 5 of Part Four of the principal Act, the present Section 124 shall be renumbered as Section 124 (1) and the present Section 125 shall be renumbered as Section 124 (2).

5. A new Division 6 shall be added to Part Four of the principal Act as follows:

‘DIVISION 6. Sale of Church Land and Disposal of Proceeds.

125. (1) In this Section the word ‘Parish’ shall include ‘Parochial District’.

(2) Church land shall not be sold other than any which in the opinion of the Bishop-in-Council after full enquiry particularly at the Parish level in each instance:

a) has no possible foreseeable use to the Church and is in consequence deemed to be redundant; or

b) is required to be sold -

(i) to purchase other land in the same Parish; or

(ii) to construct a new building in the same Parish on land other than that to be sold; or

(iii) to extend or extensively renovate an existing building in the same Parish; or

(iv) to, in whole or in part, defray the cost of any such construction, extension or renovation provided that such work shall have been completed not more than five years before the date when the land has been sold.

(3) Before the decision is made to sell any land in a Parish the Bishop-in-Council shall ascertain whether any Parish has any claim legal or otherwise to the whole of the proceeds from such sale.

(4) The proceeds from the sale of land deemed to be redundant pursuant to the provisions of sub-section 2(a) hereof and not subject to a specific trust and not being proceeds to which the Bishop-in-Council acknowledges that a Parish has any claim shall be divided between the Diocese and the Parish in the proportions and for the purposes

(a) one third to the Diocesan Trust for Ministry.

(b) two thirds to the Parish for the purposes of development within the Parish. Provided that if the Parish Council so elects and subject to the consent of Bishop-in-Council such two thirds share or part thereof may be given to:

(i) the Diocese, or

(ii) the Diocesan Trust for Ministry, or

(iii) any other Parish within the Diocese for the purpose of development.’


6. The principal Act as amended by this Act may be cited as the ‘Parochial Government Act 1991-2000’.



I, Robin Gray Mitchell, Registrar, do certify that this Act was passed by the Synod of the Diocese of Ballarat on 19 May, 2000.




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I David, by God's Grace, Lord Bishop of Ballarat, assent to this Act.



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