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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Trustee (Charitable Trusts) Amendment
Bill 2010
A BILL FOR
An Act to amend the Trustee
Act 1936.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Trustee
Act 1936
3Insertion of section
69D
69DTrusts may be
charitable despite connection to government
Schedule 1—Transitional
provisions
1Interpretation
2Validation of acts under trusts
deemed charitable under section 69D
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Trustee (Charitable Trusts) Amendment
Act 2010.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part
2—Amendment of Trustee
Act 1936
After section 69C insert:
69D—Trusts may be charitable despite connection to
government
(1) Any trust
(whether constituted before or after the commencement of this section) to
provide money, property or any other benefit to or for an entity (including the
establishment of an entity) that would, but for its connection to government, be
a charity is, despite that connection, a charitable trust.
(2) For the purposes of
subsection (1), an
entity has a connection to government if—
(a) the entity receives government funding; or
(b) the entity is required to implement government policy; or
(c) the entity or the governing body of the entity is comprised of or
includes persons appointed by the Governor, a Minister or an agency or
instrumentality of the Crown; or
(d) the entity or the governing body of the entity is subject to control
or direction by a Minister.
(3) In this section—
government means Commonwealth, State or local
government.
Schedule
1—Transitional provisions
In this Schedule—
principal Act means the Trustee
Act 1936.
2—Validation
of acts under trusts deemed charitable under
section 69D
(1) The exercise or purported exercise of a power before the commencement
of
section 3 of this
Act by a trustee in relation to the provision of money, property or any other
benefit to or for an entity under a charitable trust under section 69D of
the principal Act (as inserted by
section 3 of this
Act)—
(a) has the same force and effect as if section 69D had been in
operation at the time at which the power was exercised or purportedly exercised;
and
(b) must be taken to be, and always to have been, a valid and lawful
exercise of power by the trustee under the trust.
(2) The provision or purported provision before the commencement of
section 69D of money, property or any other benefit to or for an entity
under a charitable trust under section 69D of the principal Act (as
inserted by
section 3 of this
Act)—
(a) has the same force and effect as if section 69D had been in
operation at the time at which the money, property or other benefit was provided
or purportedly provided; and
(b) must be taken to be, and always to have been, a provision for a valid
and lawful purpose of the trust.