Charitable Trusts Act 1962

This Act was repealed by the Charitable Trusts Act 2022 s. 56 (No. 38 of 2022) on 21 Nov 2022 (see s. 2(b) and SL 2022/194 cl. 2).

 

 

Charitable Trusts Act 1962

Contents

Part I — Preliminary

1.Short title2

3.Act binds Crown2

4.Terms used2

Part II — Recreational charities

5.General provisions as to recreational and similar trusts etc.3

6.Savings and provisions as to past transactions4

Part III — Schemes in respect of charitable trusts

7.Property may be disposed of for other charitable purposes5

7A.Small trusts may be terminated6

7B.Combining property held for similar purposes7

8.Extension of powers or alteration of mode of administration of trust7

9.Trustees may prepare scheme8

10.Scheme to be laid before Attorney General8

10A.Attorney General may approve certain schemes9

11.Scheme to be advertised11

12.Opposition to scheme12

13.Administration of schemes12

14.Expenses of scheme12

15.Jurisdiction of Court in respect of schemes13

16.Approval of scheme or refusal of Court to approve scheme to be gazetted13

17.Power to make an order despite non‑compliance with procedural requirements14

18.Restrictions on approval of schemes14

19.Holder of property to transfer it in accordance with scheme14

Part IV — Supervision of charitable trusts

20.Inquiries into condition and management of charities16

21.Proceedings to enforce or vary charitable trusts or to require a new scheme17

Part VA — Gifts by certain trusts for philanthropic purposes

22A.Terms used19

22B.Prescribed trust — trust instrument containing express power to give to eligible recipients19

22C.Prescribed trust — trust instrument not containing express power to give to eligible recipients20

22D.Ancillary provisions21

Part V — Regulations

22.Regulations23

Schedule 1 — Declaration by trustees

Notes

Compilation table25

Defined terms

 

Charitable Trusts Act 1962

An Act to amend the law relating to charitable trusts.

Part I  Preliminary

1.Short title

This Act may be cited as the Charitable Trusts Act 1962.

[2.Deleted: No. 10 of 1998 s. 76.]

3.Act binds Crown

This Act binds the Crown.

4.Terms used

In this Act, unless the context otherwise requires, —

charitable purpose means every purpose that in accordance with the law of Western Australia is charitable;

Court means the Supreme Court of Western Australia or a judge thereof;

Principal Registrar of the Supreme Court means the person for the time being holding or acting in the office designated under the Supreme Court Act 1935, by that name;

property means real and personal property of every kind, and includes money.

[Section 4 amended: No. 67 of 1979 s. 71.]

Part II  Recreational charities

5.General provisions as to recreational and similar trusts etc.

(1)Subject to the provisions of this Part, it is, and shall be deemed always to have been, charitable to provide, or to assist in the provision of, facilities for recreation or other leisure‑time occupation, if the facilities are provided in the interests of social welfare.

(2)The requirement of subsection (1) that the facilities be provided in the interests of social welfare is not satisfied unless —

(a)the facilities are provided with the object of improving the conditions of life for the persons for whom the facilities are primarily intended; and

(b)either —

(i)those persons have need of those facilities by reason of their youth, age, infirmity or disablement, poverty or social and economic circumstances; or

(ii)the facilities are to be available to members, or to male or female members, of the public at large.

(3)Subject to the requirement of subsection (1) that the facilities be provided in the interests of social welfare, that subsection applies in particular to the provision of facilities at public halls, community centres, and women’s institutes, and to the provision and maintenance of grounds and buildings to be used for purposes of recreation or leisure‑time occupation, and extends to the provision of facilities for those purposes by the organising of any activity.

(4)Nothing in this section derogates from the principle that a trust or institution, to be charitable, must be for the public benefit.

6.Savings and provisions as to past transactions

(1)Nothing in this Part restricts the purposes which are to be regarded as charitable independently of this Part.

(2)Nothing in this Part —

(a)applies to make charitable any trust, or to validate any disposition, of property, if before the commencement of this Act that property, or any property representing or forming part of it, or any income arising therefrom, has been paid or conveyed to, or applied for the benefit of, or set apart for, the persons entitled by reason of the invalidity of the trust or disposition; or

(b)affects any order or judgment made or given in legal proceedings before the commencement of this Act; or

(c)requires anything properly done before the commencement of this Act, or anything done or to be done in pursuance of a contract entered into before that commencement, to be treated for any purpose as wrongful or ineffectual.

Part III  Schemes in respect of charitable trusts

7.Property may be disposed of for other charitable purposes

(1)Subject to the provisions of subsection (3), where any property or income is given or held upon trust, or is to be applied, for any charitable purpose, and —

(a)it is impossible, impracticable or inexpedient to carry out that purpose; or

(b)the amount available is inadequate to carry out that purpose; or

(c)that purpose has been effected already; or

(d)that purpose is illegal or useless or uncertain,

then (whether or not there is any general charitable intention) the property and income, or any part or residue thereof, or the proceeds of sale thereof, shall be disposed of for some other charitable purpose, or a combination of such purposes, in accordance with a scheme approved under this Part.

(2)Subject to the provisions of subsection (3), where any property or income is given or held upon trust, or is to be applied, for any charitable purpose, and the property or income that has accrued or will accrue is more than is necessary for the purpose, then (whether or not there is any general charitable intention) any excess property or income or proceeds of sale may be disposed of for some other charitable purpose, or a combination of such purposes, in accordance with a scheme approved under this Part.

(3)This section shall not operate to cause any property or income to be disposed of as provided in subsection (1) or (2) —

(a)if, in accordance with any rule of law, the intended gift thereof would otherwise lapse or fail and the property or income would not be applicable for any other charitable purpose; or

(b)if, and so far as, the property or income can be disposed of under section 16 of the Charitable Collections Act 1946.

(4)This section extends to cases where the charitable purpose affecting any property or income is defined by a scheme approved by the Court or the Attorney General under this Part or otherwise, and in any such case the original purpose or purposes may be restored, with or without modification.

(5)The provisions of this section apply with respect to trusts created, and to schemes approved, before or after the commencement of this Act.

[Section 7 amended: No. 7 of 1998 s. 4.]

7A.Small trusts may be terminated

(1)Where —

(a)any property is given or held upon trust, or is to be applied, for any charitable purpose; and

(b)the value of the property (including any accumulated income) is less than $15 000 or such greater amount as is prescribed for the purposes of this paragraph; and

(c)the value of the property is too small, in relation to the charitable purpose, for any useful purpose to be achieved by the expenditure of only the income derived from that property,

then the property may be disposed of for that or another charitable purpose and the trust may be terminated in accordance with a scheme approved under this Part.

(2)This section extends to cases where the charitable purpose affecting any property is defined by a scheme approved under this Part.

(3)The provisions of this section apply with respect to trusts created, and to schemes approved, before or after the commencement of the Charitable Trusts Amendment Act 1998.

[Section 7A inserted: No. 7 of 1998 s. 5.]

7B.Combining property held for similar purposes

(1)Where —

(a)any property or income is given or held upon trust, or is to be applied, for any charitable purpose; and

(b)the charitable purpose could be more effectively carried out if the property and income were combined with other property and income given or held on trust, or to be applied, for a similar purpose,

then the property and income may be combined, and jointly administered and applied, with that other property and income in accordance with a scheme approved under this Part.

(2)This section extends to cases where the charitable purpose affecting any property or income is defined by a scheme approved under this Part.

(3)The provisions of this section apply with respect to trusts created, and to schemes approved, before or after the commencement of the Charitable Trusts Amendment Act 1998.

[Section 7B inserted: No. 7 of 1998 s. 5.]

8.Extension of powers or alteration of mode of administration of trust

(1)Where any property or income is given or held upon trust, or is to be applied, for any charitable purpose, and the administration of the property or income, or the carrying out of the trust, could be facilitated by extending or varying the powers of the trustees, or by prescribing or varying the mode of administering the trust, the powers of the trustees may be extended or varied, and the mode of administering the trust may be prescribed or varied, in accordance with a scheme approved under this Part.

(2)Nothing in this section restricts the powers that are or may be conferred on the Court or the trustees by, or under any law of the State.

[Section 8 amended: No. 7 of 1998 s. 6.]

9.Trustees may prepare scheme

(1)Where the trustees of any property or income to which the provisions of this Part apply wish it to be dealt with in accordance with a scheme approved under this Part, the trustees may prepare, or cause to be prepared, a scheme —

(a)if section 7 applies, for the disposition of the property and income; or

(b)if section 7A applies, for the disposition of the property and the termination of the trust; or

(c)if section 7B applies, for the combining, and joint administration and application, of the property and income; or

(d)if section 8 applies, for the extension or variation of the powers of the trustees, or the prescription or variation of the mode of administering the trust.

(2)Where section 7B applies, the trustees of all of the property and income sought to be combined, and jointly administered and applied, shall jointly prepare, and seek approval for, the scheme.

(3)Where the consideration by the Court or the Attorney General, as the case requires, of 2 or more schemes will involve consideration of substantially similar issues, the trustees of all of the property and income concerned may jointly prepare, and seek approval for, the schemes.

[Section 9 inserted: No. 7 of 1998 s. 7.]

10.Scheme to be laid before Attorney General

(1)Every scheme prepared under this Part shall be submitted to the Attorney General, together with full information as to all the facts upon which it is proposed to make the disposition set out in the scheme, and with copies of any instruments necessary to explain the scheme so prepared; and, in respect of every such scheme, the Attorney General —

(a)may remit the proposed scheme to the trustees for consideration of any amendments he may suggest; and

(b)shall, subject to section 10A(6)(c), report in writing to the trustees on the scheme as finally submitted by the trustees after they have considered any amendments suggested by the Attorney General.

(1a)The Attorney General may charge the trustees reasonable fees for the costs and expenses (including legal costs and disbursements) incurred by the Attorney General in considering the scheme and preparing a report on it.

(2)At any time after delivery to them of the report of the Attorney General, the trustees may apply to the Court for approval of the scheme, and on making that application shall file therewith the scheme and the report of the Attorney General thereon.

(3)The application, scheme, and report mentioned in subsection (2) shall be open for inspection by the public without any fee or charge.

[Section 10 amended: No. 7 of 1998 s. 8.]

10A.Attorney General may approve certain schemes

(1)This section applies to a scheme which relates to property or income which is given or held upon trust, or is to be applied, for any charitable purpose, if —

(a)the value of the property (including any accumulated income) is less than $50 000, or such greater amount as is prescribed for the purposes of this paragraph; or

(b)the income in the previous financial year was less than $10 000, or such greater amount as is prescribed for the purposes of this paragraph.

(2)In relation to a scheme or schemes jointly prepared under section 9(2) or (3), this section applies only if subsection (1)(a) or (b) applies to each of the trusts affected by the scheme or schemes.

(3)Trustees who have prepared a scheme to which this section applies may, when submitting the scheme to the Attorney General under section 10(1), apply in writing to the Attorney General for approval of the scheme.

(4)If an application is made under subsection (3) the Attorney General shall —

(a)approve the scheme as finally submitted by the trustees after they have considered any amendments suggested by the Attorney General under section 10(1)(a); or

(b)refuse to approve the scheme.

(5)Before making a decision under subsection (4) the Attorney General —

(a)may require the trustees to give public notice of the scheme in such a manner as the Attorney General thinks fit; and

(b)is to 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.

(6)If the Attorney General approves a scheme the Attorney General shall —

(a)in writing notify the trustees of the approval; and

(b)cause notice of the approval to be published in the Gazette; and

(c)not report on the scheme under section 10(1)(b).

(7)The approval of a scheme by the Attorney General takes effect at the time it is granted or at such later time as is specified in the approval.

(8)If the Attorney General refuses to approve a scheme —

(a)the Attorney General shall set out the reasons for that decision in the report prepared under section 10(1)(b); and

(b)the trustees may apply to the Court under section 10(2) for approval of the scheme.

(9)If a scheme is approved under this section the Attorney General may, on the application of the trustees, from time to time vary the scheme.

(10)The Attorney General may approve a scheme even if the procedural requirements of this Part have not been complied with in relation to the scheme.

(11)If an application is made under subsection (3) or (9) the Attorney General may charge the trustees reasonable fees for the costs and expenses (including legal costs and disbursements) incurred by the Attorney General in considering the scheme or variation.

[Section 10A inserted: No. 7 of 1998 s. 9.]

11.Scheme to be advertised

(1)Before any application mentioned in section 10 is considered by the Court, notice of that application shall be given once in the Government Gazette, and once in a daily newspaper circulating in the State, and those notices shall be given not more than 3 months and not less than one month before the date proposed for the consideration of the scheme by the Court.

(2)Every notice given under subsection (1) shall —

(a)give a brief summary of the scheme; and

(b)state the date proposed for the hearing of the application by the Court; and

(c)require any person desiring to oppose the scheme to give written notice of his intention to do so to the Principal Registrar of the Supreme Court, the trustees, and the Attorney General not less than 7 clear days before the date proposed for the hearing.

[Section 11 amended: No. 67 of 1979 s. 72.]

12.Opposition to scheme

Any person wishing to oppose a scheme in relation to which an application has been made to the Court under section 10(2) shall, not less than 7 clear days before the date proposed for the hearing of the application by the Court, give written notice of his intention to oppose the scheme to the Principal Registrar of the Supreme Court and the trustees and the Attorney General.

[Section 12 amended: No. 67 of 1979 s. 72; No. 7 of 1998 s. 10.]

13.Administration of schemes

Without limiting the power to make any other provision for carrying out the purposes of a scheme prepared under this Part or for administering any property, income or money to which any such scheme relates, it is hereby declared that a scheme approved under this Part may provide that the purposes of the scheme may, in whole or in part, be carried out, and that any property, income or money to which the scheme relates may be administered, by —

(a)the trustees of any existing trust for any charitable purpose; or

(b)any health service provider as defined in the Health Services Act 2016 section 6; or

(c)the Public Trustee or any trustees who could be appointed under the Trustees Act 1962.

[Section 13 amended: No. 103 of 1994 s. 18; No. 11 of 2016 s. 287.]

14.Expenses of scheme

(1)A scheme prepared and approved under this Part may provide that all reasonable expenses of and incidental to —

(a)preparing and advertising the scheme; and

(b)obtaining approval for the scheme (including any fees charged under section 10(1a) or 10A(11)),

shall be paid out of, and be a charge on, the property or income affected.

(2)If a scheme was, or 2 or more schemes were, jointly prepared under section 9(2) or (3), the scheme or schemes may provide how such expenses are to be apportioned.

[Section 14 inserted: No. 7 of 1998 s. 11.]

15.Jurisdiction of Court in respect of schemes

Where application for approval of a scheme is made to the Court under this Part, the Court —

(a)may decide what persons shall be heard before it in support of, or in opposition to, the scheme; and

(b)has jurisdiction and authority to hear and determine all matters relating to the scheme; and

(c)may make an order approving the scheme with or without modification, as it thinks fit; and

(d)may, on the application of the trustees, from time to time, vary or modify the scheme.

16.Approval of scheme or refusal of Court to approve scheme to be gazetted

Notice of the approval by the Court of a scheme under this Part, or of the refusal of the Court to approve any such scheme, shall be published by the Principal Registrar of the Supreme Court in the Government Gazette as soon as practicable after the date of that approval or refusal.

[Section 16 amended: No. 67 of 1979 s. 72; No. 7 of 1998 s. 12.]

17.Power to make an order despite non‑compliance with procedural requirements

The Court may, if it thinks fit, make an order under this Part notwithstanding any non‑compliance with the procedural requirements thereof in relation to the scheme.

18.Restrictions on approval of schemes

(1)A scheme shall not be approved by the Court or the Attorney General under this Part, unless the Court or the Attorney General is satisfied that —

(a)the scheme is a proper one, that should carry out the desired purpose or proposal, and that is not contrary to law or public policy or good morals; and

(b)the scheme can be approved under this Part; and

(c)every proposed purpose is charitable and can be carried out; and

(d)subject to sections 10A(10) and 17, the requirements of this Part have been complied with in respect of the scheme.

(2)A refusal of the Court or the Attorney General to approve a scheme under this Part does not prevent fresh steps from being taken in accordance therewith to obtain the approval of any other scheme in respect of the same property, income or money.

[Section 18 amended: No. 7 of 1998 s. 13.]

19.Holder of property to transfer it in accordance with scheme

Where any scheme approved by the Court or the Attorney General under this Part designates any institution, body or person to hold or receive any property, money or income under the scheme, the trustees in whom that property, money or income is vested shall convey, transfer or pay that property, money or income, with all profits or interest which may have accrued thereon, to that institution, body or person; and, upon so doing, the trustees shall no longer be liable in respect of any express or implied trust upon which they held the property, money or income, except for wilful default or misappropriation thereof.

[Section 19 amended: No. 7 of 1998 s. 14.]

Part IV  Supervision of charitable trusts

20.Inquiries into condition and management of charities

(1)The Attorney General may from time to time, as he in his discretion thinks fit, examine and inquire into all or any trusts for charitable purposes in the State, and may examine and inquire into the nature and objects, administration, management, and results thereof, and the value, condition, management, and application of the property and income belonging thereto.

(2)The Attorney General may, instead of himself making an examination or inquiry under subsection (1), from time to time appoint an officer of the Public Service or any person to make the examination or inquiry in any specified case or cases.

(3)Every trustee, and every person acting or having any concern in the management and administration, of a trust for a charitable purpose, or of the property or income thereof, into which an examination or inquiry is being made under this section, shall, on request, produce to the Attorney General or to the officer or person making the examination or inquiry all books, papers, writings, and documents in relation to the trust or the property or income thereof, or to the administration, management, value, condition, and application of that property and income, and shall answer all questions and give all assistance in connection with the examination or inquiry that he is reasonably able to answer or give.

(4)Every person who acts in contravention of or fails to comply in any respect with any provision of subsection (3) commits an offence and is liable on summary conviction to a fine not exceeding $5 000.

[Section 20 amended: No. 7 of 1998 s. 15.]

21.Proceedings to enforce or vary charitable trusts or to require a new scheme

(1)The Attorney General, or an officer of the Public Service, or any other person, may apply to the Court in respect of any property, money or income subject to a trust for a charitable purpose, whether or not a scheme in respect of that property, money or income has been approved by the Court or the Attorney General under Part III or otherwise, for an order —

(a)requiring the trustees to carry out the trusts on which the property, money or income is held, and to comply with the provisions of the scheme (if any); or

(b)requiring any trustee to meet his liability for any breach of trust affecting the property, money or income, as the Court may direct; or

(c)excluding any purpose from the purposes for which the property, money or income may be used, applied or disposed of; or

(d)giving directions in respect of the administration of the trust, or in respect of any examination or inquiry under section 20, or in respect of any question to be answered or assistance to be given by any person in connection with that examination or inquiry; or

(e)directing that on and after the date of the order or any subsequent date specified in the order, the property, money or income subject to the trust shall not be used or applied or disposed of otherwise than in accordance with a scheme that, after the date of the order, is approved by the Court or the Attorney General under Part III;

and the Court may make such order on that application as it thinks fit.

(2)Copies of an application under this section shall be served on the trustees of the property, money or income to which the application relates, and on the Attorney General.

(3)On an application under this section, the Court may decide what persons shall be heard before it in support of, or in opposition to, the application.

[Section 21 amended: No. 7 of 1998 s. 16.]

Part VA  Gifts by certain trusts for philanthropic purposes

[Heading inserted: No. 9 of 2011 s. 4.]

22A.Terms used

In this Part —

commencement day means the day on which the Charitable Trusts Amendment Act 2011 comes into operation;

eligible recipient means a deductible gift recipient within the meaning of that term in the Income Tax Assessment Act 1997 (Commonwealth), whether or not the deductible gift recipient is a charity at law or (without limitation) is established for a charitable purpose or purposes;

prescribed trust means —

(a)a fund referred to in item 2 of the Table in section 30‑15 of the Income Tax Assessment Act 1997 (Commonwealth); or

(b)a trust that is established and maintained for charitable or philanthropic purposes and is of a class prescribed by the regulations,

whether created before, on or after the commencement day;

trust instrument means the will or instrument of trust establishing a prescribed trust, as modified by all validly executed amendments.

[Section 22A inserted: No. 9 of 2011 s. 4.]

22B.Prescribed trust — trust instrument containing express power to give to eligible recipients

The trust instrument of a prescribed trust may include an express power for the trustees to provide money, property or benefits to or for an eligible recipient or for the establishment of an eligible recipient.

[Section 22B inserted: No. 9 of 2011 s. 4.]

22C.Prescribed trust — trust instrument not containing express power to give to eligible recipients

(1)The powers of the trustees of a prescribed trust, whose trust instrument does not contain an express power to do so, include a power to provide money, property or benefits to or for an eligible recipient or for the establishment of an eligible recipient.

(2)Subsection (1) —

(a)applies despite any provision to the contrary in the trust instrument; but

(b)does not apply in relation to a particular eligible recipient or a particular class of eligible recipients to the extent that there is an express prohibition in the trust instrument against the provision by the trustees of money, property or benefits —

(i)to or for that eligible recipient or class of eligible recipients; or

(ii)for the establishment of that eligible recipient or class of eligible recipients.

(3)Subsection (1) does not apply to the trustees of a prescribed trust unless there is in force a declaration, substantially to the effect of the form in Schedule 1, for the prescribed trust.

(4)For the purpose of making a declaration under this section, the form in Schedule 1 may be modified so as to limit the application of the declaration to a stated eligible recipient or stated class of eligible recipients.

(5)If the declaration made for a prescribed trust is so limited, subsection (1) in its application to the prescribed trust has effect only in relation to the stated eligible recipient or stated class of eligible recipients.

(6)The trustees must ensure that the declaration, or a certified copy of it, is retained with the records of the prescribed trust.

(7)The trustees are not under a duty to make a declaration under this section, nor are the trustees in breach of a duty in making a declaration under this section.

[Section 22C inserted: No. 9 of 2011 s. 4.]

22D.Ancillary provisions

(1)In this section —

prescribed power, in relation to a prescribed trust, means —

(a)a power referred to in section 22B included in the trust instrument; or

(b)the power referred to in section 22C as applying to the prescribed trust.

(2)This Act applies to a prescribed trust as if the prescribed power were a power exercisable for a charitable purpose.

(3)Without limiting subsection (2) —

(a)neither the existence nor the exercise of the prescribed power affects the validity or status of a charitable trust as a charitable trust; and

(b)a prescribed trust is to be construed and given effect to as if —

(i)the prescribed power were a power exercisable for a charitable purpose; and

(ii)any payment or application of the trust property or the trust income, or any part of either of them, in the way allowed by the power were to or for a charitable purpose;

and

(c)the existence or exercise of the prescribed power does not affect the control of a prescribed trust by the Court in the exercise of the Court’s general jurisdiction in relation to charitable trusts; and

(d)the jurisdiction mentioned in paragraph (c) extends to the prescribed power as if the power were exercisable for a charitable purpose.

(4)The provision, before the commencement day, by the trustees of a prescribed trust of money, property or benefits to or for an eligible recipient or for the establishment of an eligible recipient —

(a)is taken to be, and always to have been, a provision for an authorised and valid purpose of the prescribed trust; and

(b)does not affect, and is taken never to have affected, the status of the prescribed trust as a charitable trust.

(5)Subsection (4) applies despite anything to the contrary in the trust instrument.

(6)The inclusion of a power referred to in section 22B in the trust instrument of a prescribed trust before the commencement day is taken to be, and always to have been, validly included.

[Section 22D inserted: No. 9 of 2011 s. 4.]

Part VRegulations

[Heading inserted: No. 7 of 1998 s. 17.]

22.Regulations

The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or that are necessary or convenient to be prescribed to give effect to the purposes of this Act.

[Section 22 inserted: No. 7 of 1998 s. 17.]

 

Schedule 1  Declaration by trustees

[s. 22C]

[Heading inserted: No. 9 of 2011 s. 5.]

The trustees of the [insert name of trust], after having regard to the effect of this declaration (including its effect on the liability of the trustees to income tax), declare that the power conferred by the Charitable Trusts Act 1962 section 22C to provide money, property or benefits to or for an eligible recipient, or for the establishment of an eligible recipient, within the meaning of section 22A of that Act, is approved as a power that the trustees for the time being of the [insert name of trust] are authorised to exercise.

Deed dated

[Schedule 1 inserted: No. 9 of 2011 s. 5.]

dline

 

Notes

This is a compilation of the Charitable Trusts Act 1962 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title

Number and year

Assent

Commencement

Charitable Trusts Act 1962

82 of 1962
(11 Eliz. II No. 82)

6 Dec 1962

6 Dec 1962

Reprint of the Charitable Trusts Act 1962 authorised 24 Mar 1971

Acts Amendment (Master, Supreme Court) Act 1979
Pt. XVI

67 of 1979

21 Nov 1979

11 Feb 1980 (see s. 2 and Gazette 8 Feb 1980 p. 383)

Hospitals Amendment Act 1994 s. 18

103 of 1994

11 Jan 1995

3 Feb 1995 (see s. 2 and Gazette 3 Feb 1995 p. 333)

Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 76

10 of 1998

30 Apr 1998

30 Apr 1998 (see s. 2(1))

Charitable Trusts Amendment Act 1998

7 of 1998

11 May 1998

11 May 1998 (see s. 2)

Reprint of the Charitable Trusts Act 1962 as at 17 May 2002 (includes amendments listed above)

Charitable Trusts Amendment Act 2011

9 of 2011

2 May 2011

2 May 2011 (see s. 2)

Reprint 3: The Charitable Trusts Act 1962 as at 26 Aug 2011 (includes amendments listed above)

Health Services Act 2016 s. 287

11 of 2016

26 May 2016

1 Jul 2016 (see s. 2(b) and Gazette 24 Jun 2016 p. 2291)

This Act was repealed by the Charitable Trusts Act 2022 s. 56 (No. 38 of 2022) on 21 Nov 2022 (see s. 2(b) and SL 2022/194 cl. 2)

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

charitable purpose4

commencement day22A

Court4

eligible recipient22A

prescribed power22D(1)

prescribed trust22A

Principal Registrar of the Supreme Court4

property4

trust instrument22A