Power to act as trustee
266 Power to act as trustee
A council may act as a trustee of land or other property.
(2) However, a council cannot assume an obligation to promote a particular religion.
(3) Subsection (2) does not prevent a council from accepting a gift on conditions requiring the council to maintain a particular portion of a cemetery set apart for the members or adherents of a particular religious or cultural group.
(4) A council may apply to the Supreme Court for an order varying the terms of a trust of which the council is a trustee.
(5) Notice of an application describing the nature of the variation sought must be given:
on the council's website; and
(b) by notice published in a newspaper circulating generally in the Territory; and
in any other way directed by the Supreme Court.
(6) If the Supreme Court is satisfied that it is not practicable for the council to give effect to the trust in its present form, the Court may vary the terms of the trust.
(7) The council must publish notice of the making and effect of the order on its website.
This Act’s bill:Explanatory statementSecond reading speech
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