Power of Attorney-General to give opinions etc.
5 Power of Attorney-General to give opinions etc.
S. 5(1) amended by Nos 16/1986 s. 31(e), 11/2005 s. 5(3).
The trustees of property given for charitable purposes, the total value of which is the corpus of which is less than $500 000 or an amount fixed under section 4A, whichever is the greater may, in writing and upon payment of the prescribed fee (if any), apply to the Attorney-General for the opinion or advice of the Attorney-General on any matter affecting the performance of the duties of the trustees as such.
Upon receiving any application the Attorney-General may make such investigations and inquiries as he thinks fit and may require the trustees to furnish such information, opinions or advice as he thinks fit.
A trustee acting in accordance with the opinion or advice of the Attorney-General given under this section with respect to the charity shall be deemed as regards his responsibility for so acting, to have acted in accordance with his trust, unless, when he does so, either—
he knows or has reasonable cause to suspect that the opinion or advice was given in ignorance of material facts; or
the decision of the court has been obtained on the matter or proceedings are pending to obtain a decision.
This provision refers to the regulations (prescribed fee
). Made under this Act:
- Charities Regulations 2025 · under section 7
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