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Version No. 022
Charities Act 1978
Act No. 9227/1978
Version incorporating amendments as at 30 November 2005

TABLE OF PROVISIONS
Section Page
1. Short title and commencement 1
1A. Definitions 1
PART I—THE APPLICATION OF THE CY PRÈS DOCTRINE
TO CHARITIES 3
2. Occasions for applying property cy près 3
3. Application cy près of gifts of donors unknown or disclaiming 4
4. Power of Attorney-General to sanction schemes 7
4A. Governor in Council may increase monetary limits 9
4B. Tabling before Parliament and disallowance 9
5. Power of Attorney-General to give opinions etc. 10
6. Payment by trustees to charitable institutions 11
7. Regulations 11
7A. Transitional provision—Charities (Amendment) Act 2005 12
PART IA—APPROVAL FOR INVESTMENT IN COMMON
FUNDS 13
7B. Powers of trustees under this Part 13
7C. Powers under this Part subject to provisions and conditions of
Order or approval 15

7D. Application to court 15
7E. Powers of court do not derogate from other powers 15
7F. Application to Attorney-General in respect of eligible property 15
7G. Attorney-General may make investigations 16
7H. Attorney-General may approve application of Part 16
7I. Part continues to apply if corpus exceeds initial limits 17
PART II—SUPERVISION OF CHARITIES 18
8. Definitions 18
9. Method of conducting inquiry 18
9A. Attorney-General may require information 19
9B. Offence to fail to comply with requirement 19
10. Powers of inspector 20

i

Section Page
11. Record of examination 21
12. Report 22
13. Court may order removal of trustee or executor 23
14. Power to delegate 23
15. Costs 24
16. Offence 25
17. Exemption from Part 26
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ
ENDNOTES 27
1. General Information 27
2. Table of Amendments 28
3. Explanatory Details 29

ii

Version No. 022
Charities Act 1978
Act No. 9227/1978
Version incorporating amendments as at 30 November 2005

An Act to amend the Law relating to Charities and for other purposes.

BE it enacted by the Queen’s Most Excellent Majesty by and
with the advice and consent of the Legislative Council and
the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):

1. Short title and commencement
(1) This Act may be cited as the Charities Act 1978.
(2) The several provisions of this Act shall come into
operation on a day or the respective days to be
fixed by proclamation or successive proclamations
of the Governor in Council published in the
Government Gazette.
1A. Definitions S. 1A
inserted by
No. 9710 s. 2,
substituted by
No. 11/2005
s. 4.
In this Act—
“eligible property” means property given for charitable purposes where the total value of
the corpus of the property—
(a) is less than $500 000 or an amount
fixed under section 4A, whichever is
the greater; or

1

Charities Act 1978
Act No. 9227/1978
s. 1A
(b) does not exceed $50 000 or an amount
fixed under section 4A, whichever is
the greater and the property is given for
specific charitable purposes which fail;
“the court” means the Supreme Court.
__________________

2

Part I—The Application of the Cy Près Doctrine to Charities

Charities Act 1978
Act No. 9227/1978
s. 2
PART I—THE APPLICATION OF THE CY PRÈS DOCTRINE TO CHARITIES
2. Occasions for applying property cy près
(1) Subject to sub-section (2), the circumstances in
which the original purposes of a charitable gift
can be altered to allow the property given or part
of it to be applied cy près shall be as follows—
(a) where the original purposes, in whole or in
part—
(i) have been as far as may be fulfilled; or
(ii) cannot be carried out, or not according
to the directions given and to the spirit
of the gift; or
(b) where the original purposes provide a use for
part only of the prope rty available by virtue
of the gift; or
(c) where the property available by virtue of the
gift and other property applicable for similar
purposes can be more effectively used in
conjunction, and to that end can suitably,
regard being had to the spirit of the gift, be
made applicable to common purposes; or
(d) where the original purposes were laid down
by reference to an area which then was but
has since ceased to be a unit for some other
purpose, or by reference to a class of persons
or to an area which has for any reason since
ceased to be suitable, regard being had to the
spirit of the gift, or to be practical in
administering the gift; or

(e) where the original purposes, in whole or in
part, have, since they were laid down—

3

Part I—The Application of the Cy Près Doctrine to Charities

Charities Act 1978
Act No. 9227/1978
s. 2 s. 3
(i) been adequately provided for by other
means; or
(ii) ceased, as being useless or harmful to
the community or for other reasons, to
be in law charitable; or
(iii) ceased in any other way to provide a
suitable and effective method of using
the property availabl e by virtue of the
gift, regard being had to the spirit of the
gift.
(2) Sub-section (1) shall not affect the conditions
which must be satisfied in order that property
given for charitable purp oses may be applied cy
près, except in so far as those conditions require a
failure of the original purposes.
(3) References in this section to the original purposes of a gift shall be construed, where the application
of the property given has been altered or regulated
by a scheme, by or under an Act or otherwise, as
referring to the purposes for which the property is
for the time being applicable. S. 2(3)
amended by
No. 66/1998
s. 15(1).
(4) It is hereby declared that a trust for charitable purposes places a trustee under a duty, where the
case permits and requires the property or some
part of it to be applied cy près, to secure its
effective use for charity by taking steps to enable
it to be so applied.
(5) This section applies to an alteration or regulation
by or under an Act of the original purposes of a
gift made before, on or after the commencement
of section 15(1) of the Health Services (Further
Amendment) Act 1998 . S. 2(5)
inserted by
No. 66/1998
s. 15(2).

3. Application cy près of gifts of donors unknown or
disclaiming

4

Part I—The Application of the Cy Près Doctrine to Charities

Charities Act 1978
Act No. 9227/1978
(1) Property given for specific charitable purposes which fail shall be applicable cy près as if given
with a general charitable intention, where it has
been given—
(a) by a donor who, after such advertisements
and inquiries as are reasonable, cannot be
identified or cannot be found; or
(b) by a donor who has executed a written
disclaimer of his right to have the property
returned.
(2) For the purposes of this section property shall be
conclusively presumed (without any
advertisement or inquiry) to have been given by
donors who cannot be identified, in so far as it
consists—
(a) of the proceeds of cash collections made by
means of collecting boxes or by other means
not adapted for distinguishing one gift from
another; or
(b) of the proceeds of any lottery, competition,
entertainment, sale or similar money-raising
activity, after allowing for property given to
provide prizes or articles for sale or
otherwise to enable the activity to be
undertaken.
(3) The court may by order direct that property not falling within sub-section (2) shall for the
purposes of this section be treated (without any
advertisement or inquiry) as having been given by
donors who cannot be identif ied, where it appears
to the court either—

(a) that it would be unr easonable, having regard
to the amounts likely to be returned to the
donors, to incur expens e with a view to
returning the property; or

5

Part I—The Application of the Cy Près Doctrine to Charities

Charities Act 1978
Act No. 9227/1978
s. 3
(b) that it would be unreasonable, having regard
to the nature, circumstances and amount of
the gifts, and to the lapse of time since the
gifts were made, for the donors to expect the
property to be returned.
(4) Where property is applied cy près by virtue of this
section, the donor shall be deemed to have parted
with all his interest at the time when the gift was
made; but where property is so applied as having
been given by donors who cannot be identified or
cannot be found, and is not so applied by virtue of
sub-section (2) or (3)—
(a) the scheme shall sp ecify the total amount of
that property; and
(b) the donor of any part of that amount shall be
entitled, if he makes a claim not later than
twelve months after the date on which the
scheme is made, to recover from the charity
for which the property is applied a sum equal
to that part, less any expenses properly
incurred by the charity trustees after that date
in connexion with claims relating to his gift;
and
(c) the scheme may include directions as to the
provision to be made for meeting any such
claim.
(5) For the purposes of this section, charitable purposes shall be deemed to “fail” where any
difficulty in applying prop erty to those purposes
makes that property or the part not applicable cy
près available to be returned to the donors.
(6) In this section, except in so far as the context
otherwise requires, refere nces to a donor include
persons claiming through or under the original
donor, and references to property given include
the property for the time being representing the

6

Part I—The Application of the Cy Près Doctrine to Charities

Charities Act 1978
Act No. 9227/1978
s. 4
property originally given or property derived from
it.
(7) This section shall a pply to property given for
charitable purposes, notwithstanding that it was so
given before the commencement of this Act.
4. Power of Attorney-General to sanction schemes
(1) The trustees of any pr operty given for charitable
purposes where— S. 4(1)
amended by
Nos 16/1986
s. 31(a),
11/2005
s. 5(1)(c).

(a) the total value of th e corpus of the property
is less than $500 000 or an amount fixed
under section 4A, whichever is the greater;
or S. 4(1)(a)
substituted by
No. 16/1986
s. 31(b),
amended by
No. 11/2005
s. 5(1)(a).

(b) the total value of th e corpus of the property
does not exceed $50 000 or an amount
fixed under section 4A, whichever is the
greater, and the property is given for
specific charitable purposes which fail— S. 4(1)(b)
substituted by
No. 16/1986
s. 31(b),
amended by
No. 11/2005
s. 5(1)(b).
may (in lieu of making applic ation to the court) in
writing and upon payment of the relevant
prescribed fee (if any) apply to the Attorney-
General for directions for the application of such
property cy près.
(2) Upon receiving any application the Attorney- General may make such investigations and
inquiries as he thinks fit and may require the
trustees to furnish such information, opinions or
advice as he thinks fit.
(3) Where the Attorney-Gen eral is satisfied either—
(a) that— S. 4(3)(a)
substituted by
No. 16/1986
s. 31(c).
(i) the property was given for charitable

7

Part I—The Application of the Cy Près Doctrine to Charities

Charities Act 1978
Act No. 9227/1978
s. 4
purposes and may pursuant to section 2
or 3 be applied cy près; and
(ii) the total value of the corpus of the
property is less than $500 000 or an
amount fixed under section 4A,
whichever is the greater; or S. 4(3)(a)(ii)
amended by
No. 11/2005
s. 5(2)(a).
(b) that—
(i) such property was given for specific
charitable purposes which fail; and
(ii) the total value of the corpus of the
property does not exceed $50 000 or an
amount fixed under section 4A,
whichever is the greater; and S. 4(3)(b)(ii)
substituted by
No. 16/1986
s. 31(d),
amended by
No. 11/2005
s. 5(2)(b).

(iii) unless the Attorney-General considers
it would be unreasonable to require the
applicant to incur expense with a view
to identifying or locating the person or
persons who would be entitled to the
property but for the operation of this
section, the consent of the person or
persons so entitled has been obtained—
he may in his absolute discretion and subject to
such provisions and conditions (if any) as he
thinks fit—
(c) sanction any scheme proposed by the
trustees for the application cy près of such
property; and

(d) authorize the sale transfer conversion or
vesting of any such property by the trustees
notwithstanding that the trustees have no
such power pursuant to the trust instrument.

8

Part I—The Application of the Cy Près Doctrine to Charities

Charities Act 1978
Act No. 9227/1978
s. 4A
(4) The Attorney-General shall not by virtue of this section—
(a) have any greater powers than are exercisable
by the court in charity proceedings; or
(b) have power to try or determine—
(i) the title at law or in equity to any
property as between a charity or trustee
for a charity and a person holding or
claiming the property or an interest in it
adversely to the charity;
(ii) any question as to the existence or
extent of any charge or trust;
(iii) any dispute as to whether the trustees
are trustees of a charitable trust; or
(iv) any dispute as to whether the property
may be applied cy près pursuant to
section 2 or 3.
(5) In any case where the Attorney-General in accordance with sub-section (2) sanctions any
scheme or gives any auth ority the trustees shall
not thereafter be subject to any liability for breach
of trust arising solely fr om their application of
property cy près in accordance with such scheme
or authority.
4A. Governor in Council may increase monetary limits
Subject to section 4B, th e Governor in Council,
by Order published in the Government Gazette,
may increase the monetary limits set out in section
4 or 5.
S. 4A
inserted by
No. 11/2005
s. 6.
4B. Tabling before Parliament and disallowance S. 4B
inserted by
No. 11/2005
s. 6.
(1) The Attorney-General must cause a copy of an Order made under section 4A to be laid before

9

Part I—The Application of the Cy Près Doctrine to Charities

Charities Act 1978
Act No. 9227/1978
s. 4B
each House of the Parlia ment within 10 sitting
days after the Order is published in the
Government Gazette.
(2) An Order made under section 4A may be disallowed by resolution of a House of the
Parliament within 15 sitti ng days after the Order is
tabled under sub-section (1).
(3) If an Order made under section 4A is not disallowed under sub-sec tion (2), the Order takes
effect on the later of—
(a) the date specified in the Order; or
(b) the date which is th e day after the expiry of
the period for disallowance under sub-
section (2).
(4) If an Order made under section 4A is disallowed
under sub-section (2), the Clerk of the Parliaments
must cause notice of the disallowance to be
published in the G overnment Gazette.
5. Power of Attorney-General to give opinions etc.
(1) The trustees of prope rty given for charitable
purposes, the total value of which is the corpus of
which is less than $500 000 or an amount fixed
under section 4A, whichever is the greater may, in
writing and upon payment of the prescribed fee
(if any), apply to the Attorney-General for the
opinion or advice of the Attorney-General on any
matter affecting the perfor mance of the duties of
the trustees as such. S. 5(1)
amended by
Nos 16/1986
s. 31(e),
11/2005
s. 5(3).

(2) Upon receiving any application the Attorney- General may make such investigations and
inquiries as he thinks fit and may require the
trustees to furnish such information, opinions or
advice as he thinks fit.

10

Part I—The Application of the Cy Près Doctrine to Charities

Charities Act 1978
Act No. 9227/1978
s. 6 s. 7
(3) A trustee acting in accordance with the opinion or advice of the Attorney-G eneral given under this
section with respect to th e charity shall be deemed
as regards his responsibility for so acting, to have
acted in accordance with his trust, unless, when he
does so, either—
(a) he knows or has reasonable cause to suspect
that the opinion or ad vice was given in
ignorance of material facts; or
(b) the decision of the court has been obtained
on the matter or proceedings are pending to
obtain a decision.
6. Payment by trustees to charitable institutions
(1) Subject to any express provision to the contrary in
the trust instrument, the receipt in writing of the
treasurer or other proper officer for the time being
of any charitable institution association or other
body shall be a sufficient discharge for any
payment of money or tran sfer of property thereto
pursuant to a trust instrument and trustees making
any such payment or transfer shall not be
concerned to inquire as to the application of any
money paid or property transferred.
(2) The provisions of sub- section (1) shall not apply
to any trust instrument executed before the
commencement of this section.

7. Regulations S. 7
amended by
No. 11/2005
s. 7(ILA
s. 39B(1)).
(1) The Governor in Council may make regulations for or with respect to—
(a) prescribing forms for applications made
under this Act;

11

Part I—The Application of the Cy Près Doctrine to Charities

Charities Act 1978
Act No. 9227/1978
(b) prescribing fees for applications made under
this Act; S. 7(b)
amended by
No. 16/1986
s. 31(f).

(c) generally, all such ma tters and things as are
authorized or permitted to be prescribed or
are necessary or expedient to be prescribed
for carrying this Act into effect.
(2) Regulations made under this Act— S. 7(2)
inserted by
No. 11/2005
s. 7.
(a) may be of general or limited application;
(b) may differ according to differences in time,
place or circumstances;
(c) in the case of regul ations prescribing fees
under sub-section (1)(b), may provide for
fees calculated on a sliding scale.
7A. Transitional provision—Charities (Amendment) Act 2005 S. 7A
inserted by
No. 11/2005
s. 8.
The amendments to sections 4 and 5 made by the
Charities (Amendment) Act 2005 apply in
respect of any applicatio n under either of those
sections on or after the commencement section 5
of that Act.
__________________

12

Part IA—Approval for Investment in Common Funds

Charities Act 1978
Act No. 9227/1978
s. 7B

PART IA—APPROVAL FOR INVESTMENT IN COMMON FUNDS Pt 1A
(Heading and
ss 7B–7I)
inserted by
No. 11/2005
s. 9.

7B. Powers of trustees under this Part S. 7B
inserted by
No. 11/2005
s. 9.
(1) The trustees of any pr operty given for charitable
purposes in respect of wh ich this Part applies
may—
(a) establish one or more investment common
funds for the collective investment of that
property held by or in the custody of the
trustees;
(b) invest that property held by or in the custody
of the trustees in one or more investment
common funds.
(2) The trustees of any pr operty given for charitable
purposes in respect of wh ich this Part applies,
from time to time without liability for breach of
trust, may bring into or withdraw from any
investment common fund the whole or any part of
that property, despite any direction to the contrary
(whether express or implied) contained in the trust
instrument.
(3) Subject to sub-section (4), the trustees of any
property given for charitable purposes in respect
of which this Part applies must periodically
distribute the income of each investment common
fund among the trusts participating in the common
fund, having regard to the extent of the
participation by each trust in the common fund
during the relevant accounting period.

13

Part IA—Approval for Investment in Common Funds

Charities Act 1978
Act No. 9227/1978
s. 7B
(4) The trustees of any pr operty given for charitable
purposes in respect of whic h this Part applies, if
they consider it expedient to do so, may, from
time to time—
(a) add some portion of the income of the
common fund to the capital of the common
fund; or
(b) use some part of the income to establish or
augment a fund or funds as a provision
against capital depreciat ion or reduction of
income.
(5) The trustees of any pr operty given for charitable
purposes in respect of whic h this Part applies may,
out of the annual income of a trust in an
investment common fund, periodically deduct an
amount not exceeding 5% of that annual income
as commission for the admini stration of that trust.
(6) The commission deducted in accordance with sub-
section (5) is to be re ceived and accepted by the
trustees of any propert y given for charitable
purposes in respect of whic h this Part applies as
full payment to them for the costs of
administration of the trust in an investment
common fund.
(7) The trustees of any pr operty given for charitable
purposes in respect of whic h this Part applies must
not make any other charges on a trust in an
investment common fund in addition to the
commission received un der sub-section (6),
except in accordance with the trust instrument.

14

Part IA—Approval for Investment in Common Funds

Charities Act 1978
Act No. 9227/1978
s. 7C
7C. Powers under this Part subject to provisions and
conditions of Order or approval
The powers under section 7B of trustees of any
property given for charitable purposes in respect
of which this Part applies must be exercised in
accordance with the Order of the court or the
Attorney-General’s approval given under this Part,
including any provisions or conditions to which
that Order or approval is subject, as the case
requires.
S. 7C
inserted by
No. 11/2005
s. 9.
7D. Application to court S. 7D
inserted by
No. 11/2005
s. 9.
(1) The trustees of any pr operty given for charitable
purposes may apply to the court for an Order
that this Part applies to those trustees in respect of
that property.
(2) An application under sub-section (1) must specify the property or individua l trusts or class of
property or trusts to whic h this Part is to apply.
(3) On an application under this section, the court, if
satisfied that it is appropriate in the circumstances
for this Part to apply to those trustees in respect of
that property, may make an Order that this Part
applies, subject to any pr ovisions or conditions in
that Order that the cour t considers appropriate.
7E. Powers of court do not derogate from other
powers S. 7E
inserted by
No. 11/2005
s. 9.
The powers of the court under this Part are in
addition to, and not in derogation of, any powers
exercisable by the court in charity proceedings.
7F. Application to Attorn ey-General in respect of
eligible property S. 7F
inserted by
No. 11/2005
s. 9.
(1) In lieu of making appl ication to the court (under
this Part or otherwise), th e trustees of any eligible
property may apply to th e Attorney-General for

15

Part IA—Approval for Investment in Common Funds

Charities Act 1978
Act No. 9227/1978
s. 7G
approval that this Part applies to those trustees in
respect of that property.
(2) An application under this section must—
(a) be in writing; and
(b) specify the eligible property or class of
eligible property to which this Part is to
apply; and
(c) be accompanied by the relevant prescribed
fee.
7G. Attorney-General m ay make investigations S. 7G
inserted by
No. 11/2005
s. 9.
On receiving an application under section 7F, the
Attorney-General—
(a) may make such inve stigations and inquiries
as the Attorney-General thinks fit; and
(b) may require the trustees to furnish such
information, opinions or advice as the
Attorney-General thinks fit.
7H. Attorney-General may a pprove application of Part S. 7H
inserted by
No. 11/2005
s. 9.
(1) The Attorney-General, in his or her absolute
discretion, may approve an application made
under section 7F if the Attorney-General is
satisfied that it is approp riate in the circumstances
for this Part to apply to those trustees in respect of
the eligible property.
(2) An approval under this section—
(a) may be subject to any provisions and
conditions that the Attorney-General thinks
fit; and
(b) may authorise the investment of the eligible
property in common funds by the trustees,
despite the trustees having no such power
pursuant to the relevant trust instrument.

16

Part IA—Approval for Investment in Common Funds

Charities Act 1978
Act No. 9227/1978
s. 7I
(3) The Attorney-General does not, by virtue of this Part, have any greater powe rs than are exercisable
by the court in charity proceedings.
(4) In any case where the Attorney-General approves the application of this Part in respect of trustees of
eligible property, the trus tees are not subject to
any liability for breach of trust arising solely from
their investment of that eligible property in
common funds, in accordance with this Part.
7I. Part continues to apply if corpus exceeds initial limits S. 7I
inserted by
No. 11/2005
s. 9.
If the Attorney-General , under section 7H, has
approved the application of th is Part to trustees in
respect of property given for charitable purposes
which is eligible property at the time of that
approval, this Part contin ues to apply despite the
total value of the cor pus of that property
subsequently exceeding the relevant amount
specified in the definitio n of “eligible property”.
__________________

17

Part II—Supervision of Charities

Charities Act 1978
Act No. 9227/1978
s. 8

PART II—SUPERVISION OF CHARITIES Pt 2 (Heading
and ss 8–17)
inserted by
No. 9710 s. 3.
S. 8
inserted by
No. 9710 s. 3.

8. Definitions
In this Part unless inconsistent with the context or
subject-matter—
“charitable estate” means an estate of a deceased
person where, when the administration of the
estate is complete—
(a) a charity will be entitled to participate
in the distribution of the assets of the
estate; or
(b) the whole or any part of the estate is to
be used for the establishment of a
charity;
“charity” means any institution which is
established for purposes which according to
the law of Victoria are charitable;
“document” has the same meaning as in the
Evidence Act 1958 ;
“executor” includes an administrator of the estate
of a deceased person;
“institution” means any trust or other
undertaking whether corporate or
unincorporate.
9. Method of conducting inquiry S. 9
inserted by
No. 9710 s. 3.
(1) The Attorney-General may—
(a) of his own motion; or
(b) upon the application of another person—
appoint an inspector to inquire (in the manner
specified in the inspector ‘s terms of appointment)
into the administration or management of any
charity or charitable estate or the value, condition,

18

Part II—Supervision of Charities

Charities Act 1978
Act No. 9227/1978
s. 9A
management or application of the property or
income belonging to that charity or charitable
estate or to which that charity or charitable estate
is or will become entitled.
(2) Where an application is made under paragraph (b)
of sub-section (1) th e applicant shall—
(a) furnish such information in connexion with
the application as the Attorney-General
requires to enable him to determine whether
there are reasonable grounds for making the
inquiry; and
(b) where the Attorney-General so requires give
security of such amount and in such manner
as he determines for payment of the expenses
of and incidental to the inquiry.
9A. Attorney-General may require information S. 9A
inserted by
No. 11/2005
s. 10.
(1) The Attorney-General may require the trustees of a charity to give him or her any information
that the Attorney-General considers necessary to
determine whether an inquiry under this Part
should be conducted.
(2) The Attorney-General must make the requirement in a written notice that—
(a) identifies the information; and
(b) specifies—
(i) by when the requirement must be
complied with, being a period of not
less than one month; and
(ii) in what form the information is to be
given to the Attorney-General.

9B. Offence to fail to comply with requirement S. 9B
inserted by
No. 11/2005
s. 10.
A person must comply with any requirement

19

Part II—Supervision of Charities

Charities Act 1978
Act No. 9227/1978
s. 9B
made by the Attorney-General under section 9A,
unless the person has a reasonable excuse for not
doing so.
Penalty: 60 penalty units.
10. Powers of inspector S. 10
inserted by
No. 9710 s. 3.
(1) The inspector, for the purposes of conducting an
inquiry under section 9, shall have and may
exercise in respect of the summoning and
examining of persons and the production of
documents the same powers as are by the
Evidence Act 1958 conferred on a board
appointed by the Governor in Council and the
provisions of sections 14 to 16 of the Evidence
Act 1958 with such adaptations as are necessary
shall apply accordingly.
(2) Where any documents are produced under sub- section (1) the inspecto r may take possession of
those documents for the period he considers
necessary for the purposes of the inquiry.
(3) A person examined under sub-section (1) shall not
be excused from answering a question put to him
by the inspector on the ground that the answer
might tend to incriminate him but, where that
person claims before answ ering that question, that
the answer might tend to incriminate him, neither
the question nor the answer is admissible in
evidence against him in criminal proceedings
other than proceedings under this section or in
relation to a charge of pe rjury in respect of the
answer. S. 10(3)
amended by
No. 74/2000
s. 3(Sch. 1
item 17).

(4) An inspector may permit a document which is in his possession to be inspected at all reasonable

20

Part II—Supervision of Charities

Charities Act 1978
Act No. 9227/1978
s. 11
times by any person who would be entitled to
inspect that document if it were not in his
possession.
11. Record of examination S. 11
inserted by
No. 9710 s. 3.
(1) An inspector may cause an examination made by him under section 10 to be recorded in writing
or by means of shorthand, a stenotype machine or
recording apparatus.
(2) Where an examination has been recorded other than in writing the inspector shall cause the record
of that examination to be transcribed into writing.
(3) The inspector shall cause the record of the
examination to be read to or by the person
examined and he may request that person to sign
that record.
(4) Where a person does not comply with a request to sign under sub-section (3) the inspector may
certify that the record of the examination is
correct.
(5) The record of an examination which has been either signed by the person examined or certified
by the inspector to be corre ct may, subject to this
section, be used in evidence in any legal
proceedings against that person.
(6) A copy of the record signed by a person shall be furnished without charge to that person upon
request made by him in writing.
(7) Any part of a record of an examination made under this section that re lates to a question the
answer to which a person has claimed might tend
to incriminate him shall not be used as evidence in
criminal proceedings other than in proceedings
under section 10 or in relation to a charge of
perjury in respect of that answer.

21

Part II—Supervision of Charities

Charities Act 1978
Act No. 9227/1978
s. 12
(8) Nothing in this section affects or limits the admissibility of other written or oral evidence.
(9) Where a report is made under section 12 a record of an examination made under this section relating
to that report shall be furnished with the report.
12. Report S. 12
inserted by
No. 9710 s. 3.
(1) Where an inspector has completed an inquiry he
shall prepare a report which shall be forwarded to
the Attorney-General.
(2) An inspector may at any time during the progress of the investigation and sh all if so directed by the
Attorney-General make an interim report to the
Attorney-General.
(3) An inspector may when making a report under this section, give to th e Attorney-General any
documents which he has taken possession of
under sub-section (2) of section 10 and the
Attorney-General—
(a) may retain the documents for such period as
he considers to be necessary to enable a
decision to be made as to whether or not any
legal proceedings ought to be instituted in
relation to the charity or charitable estate;
(b) may retain the documents for such further
period as he considers to be necessary to
enable any such proceedings to be instituted
and prosecuted;
(c) may permit other persons to inspect the
documents while they are in his possession;
(d) may permit the use of the documents for the
purposes of any legal proceedings;

22

Part II—Supervision of Charities

Charities Act 1978
Act No. 9227/1978
s. 13
(e) shall permit a person who would be entitled
to inspect any one or more of the documents
if they were not in the possession of the
Attorney-General to inspect at all reasonable
times such of the documents as that person
would be so entitled to inspect.
(4) The Attorney-General may where he thinks fit forward any report made under this section—
(a) to the charity or to the executor of any
charitable estate to which the report relates;
and
(b) to any other person ha ving an interest in the
outcome of the inquiry where that person has
requested that the re port be forwarded to
him.
13. Court may order removal of trustee or executor
In addition to any other powers which the court
has with respect to charities or charitable estates
the court may where an inspector has reported that
a trustee of a charity or the executor of a
charitable estate should be removed from his
position as trustee or exec utor order the removal
of the trustee or executor.
S. 13
inserted by
No. 9710 s. 3.
14. Power to delegate S. 14
inserted by
No. 9710 s. 3.
(1) An inspector may by instrument in writing delegate all or any of his powers or functions
under this Part other than—
(a) the power to administer oaths; or
(b) the power to examine on oath.
(2) The inspector may by instrument in writing vary
or revoke a delegation made by him.
(3) A power or function delegated by an inspector shall be exercised or performed in accordance
with the instrument of delegation.

23

Part II—Supervision of Charities

Charities Act 1978
Act No. 9227/1978
s. 15
(4) The delegation of a power or function by the inspector does not prevent the exercise of that
power or the performance of that function by the
inspector.
(5) A delegate shall, on the request of a trustee of a charity or the executor of a charitable estate, the
affairs of which are bein g inquired into under this
Part, produce the instrument of delegation for
inspection.
(6) Where two or more inspectors have been appointed, whether by the same instrument or by
different instruments, to i nvestigate the affairs of a
charity or charitable estate, each of those
inspectors may exercise his powers or perform his
functions under this Part independently of the
other inspector or inspectors.
15. Costs S. 15
inserted by
No. 9710 s. 3.
(1) Where an inquiry has been carried out under this
Part the Attorney-General may determine the
costs of conducting that inquiry (including any
expenses incurred and payable by the Attorney-
General in any proceedings brought by him) and
may—
(a) apply to the court for an order that those
costs or any part of them be paid by any
trustee of the charity or any executor of the
charitable estate which was the subject of the
inquiry;
(b) direct that the costs or any part of them
should be paid from the funds of the charity
or charitable estate which was the subject of
the inquiry; or
(c) direct that, in the case of a person who has
given security for costs under section
9(2)(b), the costs or any part of them be paid
by that person.

24

Part II—Supervision of Charities

Charities Act 1978
Act No. 9227/1978
s. 16
(2) Where an application has been made under sub- section (1)(a) the court may—
(a) make an order in the terms sought by the
Attorney-General; or
(b) where it considers it just and equitable to do
so vary the order as it sees fit.
16. Offence S. 16
inserted by
No. 9710 s. 3.
(1) A person who—
(a) conceals, destroys, mu tilates or alters any of
the documents which have been or may be
required to be produced under this Part; or
(b) sends, causes to be sent or conspires with
another person to send out of the State any of
those documents—
shall be guilty of an offence.
(2) An offence against sub-section (1) is an indictable offence the penalty in respect of which is a term
of imprisonment for a period not exceeding five
years.
(3) Notwithstanding that an offence against sub-section (1) is an indictable offence, the
Magistrates’ Court may hear and determine
proceedings for an offence against sub-section
(1) if the court is satisfied that it is proper to do so
and where the court convicts a person of an
offence against sub-section (1) that person shall be
liable to a penalty of a term of imprisonment for a
period not exceeding two years. S. 16(3)
amended by
No. 57/1989
s. 3(Sch.
item 21).
(4) In a prosecution for an offence under sub-section (1) it is a defence if the person charged
with the offence proves that he did not act with
intent to defeat the purpo ses of this Part or to
delay or obstruct the carrying out of an inquiry
under this Part.

25

Part II—Supervision of Charities

Charities Act 1978
Act No. 9227/1978
s. 17
17. Exemption from Part S. 17
inserted by
No. 9710 s. 3.

(1) The Attorney-General may only appoint an inspector to inquire into— S. 17(1)
amended by
No. 9902
s. 2(1)(Sch.
item 10).
(a) a registered benevolent society;
(b) an incorporated institution; or
(c) a scheduled hospital—
within the meaning of the Hospitals and
Charities Act 1958 where he has first obtained
the consent of the Mi nister of Health.
(2) Notwithstanding sub-section (1) where the
Attorney-General has under section 9 appointed
an inspector to inquire into the affairs of a charity
(other than a body which is of a type specified in
sub-section (1)) the in spector may summon or
examine pursuant to section 10 any person who
is involved in the management of or employed
by a body which is of a type specified in sub-
section (1) or require any person who is involved
in the management of or employed by a body
which is of a type specified in sub-section (1) to
produce documents, and for the purposes of
summoning or examining that person or requiring
those documents to be produced the inspector
shall have and may exercise all the powers
conferred on him by this Part. S. 17(2)
amended by
No. 9902
s. 2(1)(Sch.
item 11).
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ

26

Charities Act 1978
Act No. 9227/1978
Endnotes

ENDNOTES

1. General Information
The Charities Act 1978 was assented to on 19 December 1978 and came
into operation as follows:
Sections 2, 3 on 9 May 1979: Government Gazette 9 May 1979 page 1352;
rest of Act on 1 September 1979: Government Gazette 15 August 1979
page 2547.

27

Charities Act 1978
Act No. 9227/1978
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Charities Act 1978 by
Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Charities (Amendment) Act 1981, No. 9710
Assent Date: 5.1.82
Commencement Date: 5.1.82
Current State: All of Act in operation
Statute Law Revision Act 1983, No. 9902
Assent Date: 15.6.83
Commencement Date: 15.6.83: subject to s. 2(2)
Current State: All of Act in operation
Courts Amendment Act 1989, No. 16/1986
Assent Date: 22.4.86
Commencement Date: Ss 1–11, 13–27, 29–34 on 1.7.86: Government
Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government
Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government
Gazette 7.10.87 p. 2701
Current State: All of Act in operation
Magistrates’ Court (Consequentia l Amendments) Act 1989, No. 57/1989
Assent Date: 14.6.89
Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette
30.8.89 p. 2210; rest of Act on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State: All of Act in operation
Health Services (F urther Amendment) Act 1998, No. 66/1998
Assent Date: 4.11.98
Commencement Date: S. 15 on 4.11.98: s. 2(1)
Current State: This information relates only to the provision/s
amending the Charities Act 1978
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00
Commencement Date: S. 3(Sch. 1 item 17) on 22.11.00: s. 2(1)
Current State: This information relates only to the provision/s
amending the Charities Act 1978
Charities (Amendment) Act 2005, No. 11/2005
Assent Date: 10.5.05
Commencement Date: 30.11.05: s. 2(2)
Current State: All of Act in operation
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

28

Charities Act 1978
Act No. 9227/1978
Endnotes
3. Explanatory Details
No entries at date of publication.

29