Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 18

Disposal of trust property

18. Disposal of trust property



(1) In any case where property is held by an incorporated association upon
trust and the trust has come wholly or partly to an end then, notwithstanding
that the deed or other instrument creating or embodying the trust or the rules
of the incorporated association do not contain any power to dispose of the
property or forbid the disposal of the property, the public officer of the
incorporated association may, with the authority of the committee of the
incorporated association, apply to the Minister for authority to dispose of
the whole or part of the property.

(2) Where an application is made under subsection (1), the Minister may, in
any case in which he thinks it proper so to do, by writing under his hand-

   (a)  authorize the disposal of the property or part of the property
        specified by him; and

   (b)  direct the manner in which the proceeds arising from the disposal of
        the property or part shall be dealt with.

(3) Upon the grant and in pursuance of the authority or direction of the
Minister under subsection (2), it shall be lawful for an incorporated
association to dispose of property or part of property, free from any trusts
and to deal with the proceeds arising from the disposal.