Chapter Five - The General Assembly

In the exercise of its legislative function the General Assembly may enact, amend or repeal rules and regulations in accordance with the procedure set out in the rules that follow.

A rule is a legislative enactment that has been duly declared and enacted as such by the General Assembly under the procedure of the Barrier Act.

A regulation is a legislative enactment which has been duly declared and enacted as such by the General Assembly and does not require to be sent to Presbyteries under the Barrier Act.

The General Assembly enacts, amends or repeals a rule only on a proposal by overture and only with the approval (obtained under the procedure of the Barrier Act) of a majority of the Presbyteries within the jurisdiction of the court (for the Barrier Act see Appendix 6).

If the General Assembly sustains an overture proposing the enactment, amendment or repeal of a rule or rules it remits the overture to Presbyteries, under the procedure of the Barrier Act, for either:

1. approval or disapproval, without comment; (in this case approval qualified by comment or suggested amendment is counted as disapproval); or
2. approval or disapproval, while inviting comment if so desired.

If a majority of the Presbyteries has reported approval of a remit proposing the enactment, amendment or repeal of a rule or rules, the General Assembly may:

1. enact the proposal; or
2. resolve not to enact it; or
3. remit it to Presbyteries again in amended form.

If a majority of the Presbyteries has either:

1. reported disapproval; or
2. failed to approve the remit,

the proposal falls and the General Assembly passes from it. However the proposal may be sent again to the Presbyteries in an amended form in the case of (a) or in the same or amended form in the case of (b).

When a proposal is remitted a second time to the Presbyteries in the same or amended form the procedure for dealing with it is the same as for the original remit.

If the General Assembly seeks the wider opinion of the church when sending a remit to the Presbyteries, it may direct that it be sent also to Sessions. The Assembly does not have to secure a majority vote of the Sessions, and should a majority of Sessions not be in favour of the remit there is no barrier to proceeding with the matter.

The General Assembly enacts, amends or repeals a regulation by a proposal made either in an overture or in the proposed deliverance of the Code Committee's report.

The General Assembly, if it see sufficient cause, may remit the proposed enactment, amendment or repeal of a regulation to the Presbyteries for consideration and report.

If rules enacted by the General Assembly, or regulations enacted by it, are found to be in conflict, the more recently enacted rule or regulation as the case made be prevails unless the Assembly otherwise determines in a Declaratory Act, or until amending legislation is enacted by regular process.

If a regulation of the General Assembly is found in conflict with a rule, the rule prevails and the regulation is incompetent to the extent of such conflict unless and until the rule is amended or repealed by regular process.

Subject only to the authority of the General Assembly of Australia, the General Assembly, being the interpreter of its own law, may pass a Declaratory Act declaring what it holds the law of the church to be regarding any particular matter. Such a Declaratory Act may be passed without reference to the Presbyteries, but it must be remitted to them under the Barrier Act if it involves a change of the rules enacted by the Assembly.

If it sees sufficient cause the General Assembly may give interim authority:

1. to a Declaratory Act which is being remitted to the Presbyteries under the Barrier Act; or
2. to the enactment, amendment or repeal of a rule or regulation pending the consideration and approval of the Presbyteries or the report of a committee or committees.

Such interim authority extends only until the next General Assembly. It may be renewed by that Assembly if the remit in the same or amended form is again sent down to the Presbyteries, failing which the interim authority lapses.