Questions for consideration by the Appellate Tribunal

GIVEN THAT

A. Archbishop Glen Davies and Bishop Richard Condie participated in the consecration of a
bishop for Europe in the Anglican Church of North America (ACNA), a church that is not a
member of the Anglican Communion and is not in communion with the Anglican Church of
Australia.

B. Section 5 of The Constitution of the Anglican Church of Australia (the Constitution)

provides that subject to the Fundamental Declarations and the provisions of Chapter II of the
Constitution (Ruling Principles) the Anglican Church of Australia has plenary authority to
make canons, ordinances and rules for the order and good government of the Church, and to
administer the affairs thereof and that such authority and power may be exercised by the
several synods and tribunals in accordance with the provisions of the Constitution.

THE FOLLOWING QUESTIONS arise under the Constitution and otherwise:

1. Does the consecration, or purported consecration, of a person as a bishop in a church, or

purported church, which is not a member of the Anglican Communion and, or alternatively, is
not in communion with the Anglican Church of Australia constitute a breach of any of the
provisions of
a. Chapter II of the Constitution;
b. the Consecration of Bishops Canon 1996; or
c. the Episcopal Standards Canon 2007

and, if so, of which provision or provisions and in what manner.

2. Does the consecration, or purported consecration of a person as a bishop in a church, or

purported church, which is not a member of the Anglican Communion and, or alternatively, is
not in communion with the Anglican Church of Australia constitute an act which is in breach
of the ecclesiastical convention of the Anglican Communion (as expressed in Lambeth
Conference 1878 or otherwise) and, if so, in what manner.

3. Does a Bishop of the Anglican Church of Australia have the power or, alternatively, the
capacity to consecrate a person as a bishop in a church, or purported church, which is not a
member of the Anglican Communion and, or alternatively, is not in communion with the
Anglican Church of Australia.