s 1Short title
This is the Charitable Trusts Act 2022.
This is the Charitable Trusts Act 2022.
This Act comes into operation as follows —
Part 1 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
In this Act —
administration, of a charitable trust or property held for a charitable purpose, includes management of the trust or property (as the case requires);
approved scheme means a scheme approved under Part 3;
charitable purpose —
means a purpose that is charitable under the law of this State; and
includes a charitable purpose as defined in the Charities Act 2013 (Commonwealth) section 12;
charitable trust means a trust for a charitable purpose;
Court means the Supreme Court;
investigation and investigator have the meanings given in section 32(1);
involved in the administration, of a charitable trust or property held for a charitable purpose, means employed, engaged or otherwise concerned (including as trustee) in the administration of the charitable trust or property (as the case requires);
property —
means any real or personal property; and
includes money;
property held for a charitable purpose means property that is held on trust for, or is otherwise to be applied to, a charitable purpose.
In this section —
recreational facilities includes facilities provided for sport or leisure activities.
Recreational facilities are taken to be provided for a charitable purpose if —
they are provided with the object of improving the conditions of life for the persons for whom the facilities are primarily intended (the intended users); and
either —
the intended users have need of those facilities because of their youth, age, infirmity or disability, poverty or social and economic circumstances; or
the facilities are to be available to members of the public or a substantial section of the public.
The reference in subsection (2) to the provision of recreational facilities includes —
the provision of premises for those facilities and the maintenance of grounds and buildings of those premises; and
the organising of any activity for the purposes of those facilities.
Nothing in this Part detracts from the principle that a purpose must be for the public benefit in order to be charitable.
Nothing in this Part restricts the purposes that are to be regarded as charitable independently of this Part.
In this section —
commencement day means the day on which the Charitable Trusts Act 1962 came into operation.
Nothing in this Part applies —
to make charitable a trust existing before commencement day; or
to validate the disposition of any property before commencement day.
Nothing in this Part affects any order made in legal proceedings before commencement day.
Nothing in this Part requires anything properly done before commencement day, or anything done or to be done under a contract entered into before commencement day, to be treated for any purpose as wrongful or ineffective.
In this Part —
Principal Registrar has the meaning given in the Supreme Court Act 1935 section 4(1);
scheme report has the meaning given in section 14(3)(a).
This Part applies to property held for a charitable purpose whether or not the charitable purpose is defined by an approved scheme.
This section applies to property held for a charitable purpose (the original purpose) if —
it is impossible, impracticable or inexpedient to carry out the original purpose; or
the amount available is inadequate to carry out the original purpose; or
the original purpose has already been effected; or
the original purpose is unlawful or uncertain; or
the value of the property is greater than is necessary for the original purpose.
The property (or, in the case of subsection (1)(e), the surplus property) must, in accordance with an approved scheme, be applied to some other charitable purpose (an alternative charitable purpose) that is as close as possible to the original purpose.
Subsection (2) may be applied so as to restore, with or without modification, the original purpose if this becomes possible.
In any of the circumstances referred to in subsection (1)(a) to (e), the persons in whom the property is vested must, as soon as reasonably practicable after becoming aware of those circumstances, submit to the Attorney General for approval a scheme for the application of the property to an alternative charitable purpose.
A failure by a person in whom the property is vested to comply with subsection (4) constitutes a ground for removal under section 45(1)(b).
Nothing in the Charitable Collections Act 1946 section 16 prevents the application of this section.
This section extends to property held for a charitable purpose immediately before the commencement of this section.
This section applies to property held for a charitable purpose (the original property) if —
the charitable purpose (the original purpose) could be more effectively carried out by combining the original property with other property held for a charitable purpose (the other property); and
the other property is held for a charitable purpose that is the same as, or similar to, the original purpose.
The original property may be combined, and jointly administered and applied, with the other property in accordance with an approved scheme.
This section extends to property held for a charitable purpose immediately before the commencement of this section.
This section applies to property held for a charitable purpose if the administration of the property could be facilitated by —
extending or varying the powers of the persons in whom the property is vested; or
specifying or varying the mode of administering the property.
The application of this section extends to the extension or variation of the powers of the persons in whom the property is vested, and to the specification or variation of a mode of administering the property, in relation to —
an invalid accumulation clause; and
an accumulation clause that will become invalid at the conclusion of the perpetuity period.
In accordance with an approved scheme, the powers of the persons in whom the property is vested may be extended or varied, and the mode of administering the property may be specified or varied, if the extension, variation or specification is consistent with the charitable purpose to which the property is to be applied.
If an action referred to in subsection (1)(a) or (b) becomes necessary for the administration of the property, the persons in whom the property is vested must, as soon as reasonably practicable after the action becomes necessary, submit to the Attorney General for approval a scheme that effects the action.
A failure by a person in whom the property is vested to comply with subsection (4) constitutes a ground for removal under section 45(1)(b).
Nothing in this section restricts the powers that are or may be conferred by or under any law of the State on the Court or the persons in whom the property is vested.
This section extends to property held for a charitable purpose immediately before the commencement of this section.
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