Western Australian Current Acts

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CHARITABLE TRUSTS ACT 2022


TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Act binds Crown
            
   4.      Terms used

   PART 2 -- Charitable recreational facilities  

   5.      Recreational facilities for charitable purposes
            
   6.      General savings of law relating to charitable trusts
            
   7.      Savings for Charitable Trusts Act 1962

   PART 3 -- Schemes for property held for charitable purposes  

   8.      Terms used
            
   9.      Application of Part
            
   10.     Property disposed of for other charitable purposes
            
   11.     Combining property held for same or similar purpose
            
   12.     Extension or variation of powers or specification or variation of mode of administration
            
   13.     Schemes for approval
            
   14.     Submitting schemes to Attorney General
            
   15.     Attorney General’s fees for considering schemes and preparing scheme reports
            
   16.     Applications for approval of schemes by Attorney General
            
   17.     Approval of scheme by Attorney General
            
   18.     Approval of scheme by Court
            
   19.     Application for Court approval must be advertised
            
   20.     Opposition to application for scheme
            
   21.     Jurisdiction of Court in respect of schemes
            
   22.     Power to make an order despite non-compliance with procedural requirements
            
   23.     Administration of property through schemes
            
   24.     Expenses of scheme
            
   25.     Restrictions on approval of schemes
            
   26.     Holder of property to transfer it in accordance with scheme
            
   27.     Savings for Charitable Trusts Act 1962

   PART 4 -- Investigation of charitable trusts  

   28.     Terms used
            
   29.     Western Australian Charitable Trusts Commission established
            
   30.     Functions of the Western Australian Charitable Trusts Commission
            
   31.     Complaints relating to charitable trusts or classes of charitable trusts
            
   32.     Investigation of charitable trusts
            
   33.     Powers under Royal Commissions Act 1968
            
   34.     Western Australian Charitable Trusts Commission’s power to carry out audits of charitable trust accounts
            
   35.     Power to enter premises
            
   36.     Consequences of disclosure of privileged documents or information
            
   37.     Confidentiality
            
   38.     Protection from liability for complainants and providers
            
   39.     False or misleading information
            
   40.     Failure to comply with requirement
            
   41.     Investigator’s report
            
   42.     Investigator’s report may be published, tabled and provided to certain persons by Attorney General
            
   43.     Recovery of costs and expenses of investigation of charitable trust

   PART 5 -- Proceedings in relation to charitable trusts  

   44.     Proceedings to enforce or vary charitable trusts
            
   45.     Proceedings relating to persons involved in administration of charitable trusts
            
   46.     Certain persons unfit to be involved in administration of charitable trusts
            
   47.     Conduct of proceedings related to charitable trusts

   PART 6 -- Gifts by certain trusts for philanthropic purposes  

   48.     Terms used
            
   49.     Prescribed trust: trust instrument containing express power to give to eligible recipients
            
   50.     Prescribed trust: trust instrument not containing express power to give to eligible recipients
            
   51.     Ancillary provisions
            
   52.     Validation provisions for period preceding former commencement day
            
   53.     Validation and transitional provisions for period preceding commencement of this Part

   PART 7 -- Miscellaneous  

   54.     Protection from liability for persons performing functions under Act
            
   55.     Regulations

   PART 8 -- Repeal, savings and transitional provisions and consequential amendment  

   56.     Charitable Trusts Act 1962 repealed
            
   57.     Savings and transitional provisions for Charitable Trusts Act 1962
            
   58.     Freedom of Information Act 1992 amended
           Defined terms
           

An Act —
•         to affect the law relating to charitable trusts; and
•         to repeal the Charitable Trusts Act 1962; and
•         to make a consequential amendment to the Freedom of Information Act 1992.



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