Menzies School of Health Research Act 1985

In this section approved scheme means a scheme, with or without modification, approved under subsection (3) by the

Council.

Where property is held by the School on terms requiring it or the income from the property to be applied for a purpose or purposes and:

the purpose or all or any of the purposes has or have been effected;

the purpose or all or any of the purposes has or have ceased to exist;

the purpose or all or any of the purposes has or have been adequately provided for by other means;

the purpose or all or any of the purposes is or are uncertain or cannot be identified or is or are not sufficiently defined;

it becomes impossible, impracticable or inexpedient to carry out the purpose or all or any of the purposes; or

the property or income from the property proves inadequate to carry out the purpose or all or any of the purposes,

the Board may, subject to this section, cause to be prepared a scheme by which that property or any part or residue of that property shall be held on terms requiring the property or the income from the property to be applied for the purpose or purposes designated in the scheme.

A scheme under subsection (1) shall be submitted by the Board to the Council and on receipt of the scheme the Council may:

by notice in the Gazette:

approve the scheme; or

approve the scheme with such modifications as he thinks fit; or

by notice in writing to the Board, refuse to approve the scheme.

Where, in relation to property or a part or residue of property held by the School there is in existence an approved scheme, the property, part or residue shall, in accordance with the approved scheme, be diverted from the purpose or purposes for which it was held and shall be held for the purpose or purposes as designated in the approved scheme.

In selecting a purpose for an approved scheme or for an amendment of an approved scheme, the School shall have a preference for a purpose which, in its opinion, is as nearly similar to the purpose or purposes for which the property concerned is, for the time being, held by the School as is consistent with useful and convenient achievement but such a scheme or amendment shall not be invalidated or otherwise prejudiced by reason only that another purpose may have more properly been selected by the Board in accordance with this subsection.

On its publication in the Gazette judicial notice shall be taken of an approved scheme and of all amendments of the scheme.

The powers conferred by this section are in addition to any other power or right exercisable in law in relation to property held by the School on trust.