New South Wales Consolidated Acts

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CHARITABLE TRUSTS ACT 1993 - SECT 7

Extension of powers of Court to protect charitable property

7 Extension of powers of Court to protect charitable property

(1) If the Court, in charitable trust proceedings, is satisfied that:
(a) there has been any misconduct or mismanagement in the administration of a charitable trust, and
(b) it is necessary or desirable to act for the purpose of protecting existing or future trust property or securing a proper application, for the purpose of the charitable trust, of existing or future trust property,
the Court may, without limiting any other powers of the Court, make one or more of the orders specified in subsection (2).
(2) The orders which may be made by the Court are as follows:
(a) an order removing any or all trustees of the charitable trust,
(b) an order appointing a person as a trustee of the charitable trust,
(c) an order precluding the employment or engagement of a person in the affairs of the charitable trust,
(d) an order directing any bank or person who holds property of the charitable trust not to part with the property without the approval of the Court or the Attorney General (or a person authorised by the Attorney General) or of some other person,
(e) an order restricting the transactions which may be entered into or the nature or amount of the payments which may be made, in the administration of the charitable trust, without the approval of the Court or the Attorney General (or a person authorised by the Attorney General) or of some other person,
(f) an order appointing a receiver of the property of the charitable trust,
(g) an order which is necessary or convenient to be made for giving effect to an order referred to in this subsection.
(3) A person appointed by order of the Court under this section as a receiver of the property of a charitable trust:
(a) may require the trustees to deliver to the receiver any property of which the person has been appointed receiver or to give to the receiver all such information concerning that property as may reasonably be required, and
(b) may acquire and take possession of any property of which the person has been appointed receiver, and
(c) may deal with any property that the person has acquired or of which the person has taken possession in any manner in which the trustees might lawfully have dealt with the property, and
(d) has such other powers and duties in respect of the property as the Court specifies in the order.
(4) Nothing in the terms of any charitable trust precludes the Court from making any order it is empowered by this section to make or affects the operation of any such order.
(5) In this section and section 8,
"misconduct or mismanagement" includes the remuneration of persons acting in the affairs of the charitable trust concerned, or for other administrative purposes, by payments which are excessive in relation to the duties of the persons so acting.



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