Charitable Trusts Act 2022

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.