Charitable Trusts Act 2022

This section applies in relation to a scheme if —

the value of the property to which the scheme relates is less than $100 000, or any greater amount prescribed for the purposes of this paragraph; or

income in the previous financial year from the property to which the scheme applies was less than $20 000, or any greater amount prescribed for the purposes of this paragraph.

For the purposes of subsection (1)(a), the value of the property must be determined without regard to any limits on use imposed by a charitable purpose to which the property is to be applied.

In relation to a scheme jointly prepared under section 13(3) or (4), this section applies only if subsection (1) applies to each of the sets of property to be combined for the purposes of the scheme.

The persons in whom the property is vested may apply to the Attorney General for approval of the scheme.

The application must be made in writing.

After receiving the application, the Attorney General must, in accordance with section 25(1) —

approve the scheme as submitted by the persons in whom the property is vested after those persons have considered any amendments suggested by the Attorney General under section 14(2); or

refuse to approve the scheme.

Before making a decision under subsection (6), the Attorney General —

may require the persons in whom the property is vested to give public notice of the scheme in any manner the Attorney General thinks fit; and

must have regard to any representations made to the Attorney General by any person considered by the Attorney General to have an interest in the matter.