TRUSTEE ACT 1936 - SECT 69D

TRUSTEE ACT 1936 - SECT 69D

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.