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Western Australia – Charitable Trusts Act

Western Australia
Charitable T rusts Act 1962
Reprinted under the
Reprints Act 1984 as
at 26 August 2011
Western Australia
Charitable T rusts Act 1962
CONTENTS
Part I — Preliminary
1. Short title
2
3. Act binds Crown
2
4. Terms used
2
Part II — Recreational charities
5. General provisions as to recreational and similar
trusts etc.
3
6. Savings and provisions as to past transactions
4

Part III — Schemes in respect of
charitable trusts
7. Property may be disposed of for other charitable
purposes
5
7A. Small trusts may be terminated
6
7B. Combining property held for similar purposes
7
8. Extension of powers or alteration of mode of
administration of trust
7
9. Trustees may prepare scheme
8
10. Scheme to be laid before Attorney General
8
10A. Attorney General may approve certain schemes
9
11. Scheme to be advertised
11
12. Opposition to scheme
12
13. Administration of schemes
12
14. Expenses of scheme
12
15. Jurisdiction of Court in respect of schemes
13
16. Approval of scheme or refusal of Court to
approve scheme to be gazetted
13
17. Power to make an order despite non-compliance
with procedural requirements
14
18. Restrictions on approval of schemes
14
19. Holder of property to transfer it in accordance
with scheme
14
Part IV — Supervision of charitable
trusts
20. Inquiries into condition and management of
charities
16
21. Proceedings to enforce or vary charitable trusts
or to require a new scheme
17
Part VA — Gifts by certain trusts
for philanthropic purposes
22A. Terms used
19
22B. Prescribed trust — trust instrument containing

express power to give to eligible recipients
19
22C. Prescribed trust — trust instrument not
containing express power to give to eligible
recipients
20
22D. Ancillary provisions
21
Part V — Regulations
22. Regulations
23
Schedule 1 — Declaration by trustees
Notes
Compilation table
25
Defined Terms

Reprinted under the
Reprints Act 1984 as
at 26 August 2011
Western Australia
Charitable T rusts 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 1.
[2. Deleted by 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 by 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 by 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 1.
[Section 7A inserted by 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 1.
[Section 7B inserted by 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 by 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 by 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 by 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 by 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 by 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 by 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 hospital board or the board of trustees of any public
hospital under the Hospitals and Health Services
Act 1927 ; or
(c) the Public Trustee or any trustees who could be appointed
under the Trustees Act 1962 .
[Section 13 amended by No. 103 of 1994 s. 18.] 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 by 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 by 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 by 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 by 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 by 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 by No. 7 of 1998 s. 16.] Part VA — Gifts by certain trusts for philanthropic
purposes
[Heading inserted by 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 1;
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 by 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 by 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 by 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 by No. 9 of 2011 s. 4.] Part V — Regulations
[Heading inserted by 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 by No. 7 of 1998 s. 17.] Schedule 1 — Declaration by trustees
[s. 22C] [Heading inserted by 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 by No. 9 of 2011 s. 5.] Notes
1 This reprint is a compilation as at 26 August 2011 of the Charitable Trusts
Act 1962 and includes the amendments made by the other written laws referred to
in the following table. The table also contains information about any reprint.
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 1979Pt. 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)

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 1979Pt. 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)
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 Term Provision(s)
charitable purpose
4
commencement day
22A
Court
4
eligible recipient
22A
prescribed power
22D(1)
prescribed trust
22A
Principal Registrar of the Supreme Court
4
property
4
trust instrument
22A

By Authority: JOHN A. STRIJK, Government Printer

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