New South Wales Consolidated Acts

RUSSIAN ORTHODOX CHURCH (NSW) PROPERTY TRUST ACT 1991 - SECT 12

12 Trusts may be varied

(1) The Trust may by resolution declare that, in its opinion, it has become impossible or inexpedient to carry out or observe the terms of a trust of property vested in it, whether as to its purpose or any other of its terms.

(2) The Trust may, by the same or a later resolution, declare that the property is subject to another trust and, on the making of such a declaration:

(a) the trust that is to be replaced ceases, and

(b) the property is to be held subject to the other trust.

(3) In making such a declaration, the Trust must ensure that the property is dealt with as nearly as is possible for the purposes for which the property was held immediately before the resolution.

(4) However, the Trust may by resolution declare that, in its opinion, it is impossible or inexpedient to deal with the property in accordance with subsection (3) because of circumstances arising after the creation of the trust that is to be replaced.

(5) On making a resolution under subsection (4), the Trust may hold, dispose of or otherwise deal with and apply the property for such purposes for the use and benefit of the Diocese or of a Parish as the Trust declares by resolution.