The legislation that is being viewed is valid for Sessional.
Variation of Trusts Regulations 2004 (S.R. 2004, No. 150)
——————————————————————————-
CONTENTS
Variation of Trusts Regulations 2004
1. Short title
2. Commencement
3. Interpretation
4. Variation of charitable trusts by Attorney-General
5. Application for approval of scheme to vary charitable trust
6. Register
Variation of Trusts Regulations 2004
I, the Administrator in and over the State of Tasmania and its Dependencies
in the Commonwealth of Australia, acting with the advice of the Executive
Council, make the following regulations under the Variation of Trusts Act
1994.
13 December 2004
PETER G. UNDERWOOD
Administrator
By His Excellency’s Command,
JUDY JACKSON
Minister for Justice and Industrial Relations
1. Short title

These regulations may be cited as the Variation of Trusts Regulations 2004.
2. Commencement
These regulations take effect on 1 January 2005.
3. Interpretation
In these regulations
“Act” means the Variation of Trusts Act 1994;
“register” means the register of certifi cates of approval required to
be kept under section 9 of the Act.
4. Variation of charitable trusts by Attorney-General
(1) For the purposes of section 7(1)(a) of the Act, the prescribed
amount is $200 000.
(2) For the purposes of section 7(1)(b) of the Act, the prescribed
amount is $100 000.
5. Application for approval of scheme to vary charitable trust
An application for the approval of a scheme under section 7(2)(b) of the
Act
(a) is to state the terms and conditions of the trust to which it
relates; and
(b) is to be accompanied by copies of the document creating the trust
and of any variation to the trust, unless those documents are
unavailable; and
(c) is to state any facts and circumstances mentioned in section 5 of
the Act which would justify variation of the purposes of the trust; and
(d) if the application is based on failure of the original purposes of
the trust, is to be endorsed with a consent to the variation by any
person who has, or may acquire, a claim to any of the trust property;
and
(e) is to be accompanied by a draft scheme for the purposes of Part 2
of the Act; and
(f) is to state

(i) the name and address of the trustees of the trust property for
the time being; and
(ii) full details of the trust property, including its location, at
the time when the application is made; and
(g) for the purposes of section 7(2)(a) of the Act, is to be
accompanied by evidence satisfactory to the Attorney-General of the
value of each item of the trust property.
6. Register
The register is to be
(a) maintained by the Registrar of the Court; and
(b) made available for inspection during the normal offi ce hours of the
Registry of the Court.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notifi ed in the Gazette on 22 December 2004.
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations
(a) increase the maximum amount of property that a charitable trust may
hold in order to apply to the Attorney-General for approval to vary the
purposes for which the trust applies its property; and
(b) prescribe the form of such applications; and
(c) provide for the maintenance and availability of the register of
certifi cates of such approvals; and
(d) are made consequentially on the repeal of the Variation of Trusts
Regulations 1994 under section 11 of the Subordinate Legislation Act
1992.