Victorian Numbered Acts Victorian Numbered ActsAfter Part IA of the Charities Act 1978 insert —
In this Part—
"charitable trust" means a trust created for a charitable purpose;
"trust fund" means any property subject to a charitable trust.
(1) The powers of the trustees of a charitable trust include a power to provide money, property or benefits to or for an eligible entity, or for the establishment of an eligible entity, that, but for a connection to government, would be a charity to or for which, or for the establishment of which, money, property or benefits could be provided in accordance with the trust instrument.
(2) Sub-section (1) applies despite any provision to the contrary in the trust instrument.
(3) Sub-section (1) does not apply to the trustees of a charitable trust unless there is in force a declaration to the effect of the form in the Schedule in respect of the trust.
(4) The exercise of a power conferred by sub-section (1) on the trustees of a charitable trust does not affect the status of the trust as a charitable trust.
(5) The provision, before the commencement day, by the trustees of a charitable trust of money, property or benefits to or for an eligible entity, or for the establishment of an eligible entity, that, but for a connection to government, would be a charity to or for which, or for the establishment of which, money, property or benefits could have been provided in accordance with the trust instrument—
(a) is deemed to be, and always to have been, a provision for a valid purpose; and
(b) does not affect, and is deemed never to have affected, the status of the trust as a charitable trust.
(6) Sub-section (5) applies despite anything to the contrary in the trust instrument.
(7) For the purposes only of this section the factors that may be taken into account in determining whether an eligible entity may be taken to be connected to government include—
(a) the extent to which the eligible entity is under government direction or control; or
(b) the extent to which the eligible entity is required to implement government policy; or
(c) the extent to which a government can appoint, or direct or control the appointment of, the members of the governing body of the eligible entity—
whether or not the eligible entity receives government funding.
(8) In this section—
"commencement day" means the date of commencement of the Charities (Amendment) Act 2006 ;
"eligible entity" means a deductible gift recipient within the meaning of the Income Tax Assessment Act 1997 of the Commonwealth;
Note: See section 30-227 of the Income Tax Assessment Act 1997 of the Commonwealth.
"government" means the government of the Commonwealth or of a State or Territory or of any municipality of a State or Territory.
(1) On the application of the trustees or the administrator of any charitable trust (whether created before, on or after 1 April 1959) the court may grant leave empowering the trustees or the administrator—
(a) to apply the trust fund for such further purposes as are necessary or desirable in order to carry out the purposes of the trust or to make them fully effective or are incidental to the carrying out of those purposes; and
(b) without affecting the generality of paragraph (a), if the carrying out of the purposes of the trust will impose on a charity an expense that is not adequately met by payments made pursuant to the trust, to apply such portion of the trust fund as is proper to meet those expenses.
(2) If leave is granted, the trustees or the administrator (as the case may be) may exercise the power subject to and in accordance with that leave.
(3) Any trustees or administrator wishing to obtain leave under this section may apply to the court by summons to which the Attorney-General is to be made a party.
(4) In this section "administrator" means any person (other than the trustees) administering a trust fund.
Note: This section re-enacts (with amendments) section 63 of the Religious Successory and Charitable Trusts Act 1958 .
(1) A trust is not to be held to be invalid by reason that some non-charitable and invalid as well as some charitable purpose or purposes is or are or could be deemed to be included in any of the purposes to or for which that trust directs or allows the trust funds or any part of the trust funds to be applied.
(2) A trust referred to in sub-section (1) is to be construed and given effect to in the same manner in all respects as if no application of the trust funds or of any part of the trust funds to or for the non-charitable and invalid purpose had been or should be deemed to have been so directed or allowed.
(3) This section does not apply to a trust declared before, or to the will of any testator dying before, 26 October 1914.
Note: This section re-enacts section 131 of the Property Law Act 1958 .'.