Victorian Consolidated Legislation

Charities Act 1978 - SECT 4

Power of Attorney-General to sanction schemes

4. Power of Attorney-General to sanction schemes



(1) The trustees of any property given for charitable purposes where-





   (a)  the total value of the corpus of the property is less than $500 000 or
        an amount fixed under section 4A, whichever is the greater; or



   (b)  the total value of the corpus of the property does not exceed $50 000
        or an amount fixed under section 4A, whichever is the greater, and the
        property is given for specific charitable purposes which fail-

may (in lieu of making application to the court) in writing and upon payment
of the relevant prescribed fee (if any) apply to the Attorney-General for
directions for the application of such property cy près.

(2) Upon receiving any application the Attorney-General may make such
investigations and inquiries as he thinks fit and may require the trustees to
furnish such information, opinions or advice as he thinks fit.

(3) Where the Attorney-General is satisfied either-

   (a)  that-

   (i)  the property was given for charitable purposes and may pursuant to
        section 2 or 3 be applied cy près; and

   (ii) the total value of the corpus of the property is less than $500 000 or
        an amount fixed under section 4A, whichever is the greater; or

   (b)  that-

   (i)  such property was given for specific charitable purposes which fail;
        and

   (ii) the total value of the corpus of the property does not exceed $50 000
        or an amount fixed under section 4A, whichever is the greater; and

   (iii) unless the Attorney-General considers it would be unreasonable to
        require the applicant to incur expense with a view to identifying or
        locating the person or persons who would be entitled to the property
        but for the operation of this section, the consent of the person or
        persons so entitled has been obtained- he may in his absolute
        discretion and subject to such provisions and conditions (if any) as
        he thinks fit-

   (c)  sanction any scheme proposed by the trustees for the application cy
        près of such property; and





   (d)  authorize the sale transfer conversion or vesting of any such property
        by the trustees notwithstanding that the trustees have no such power
        pursuant to the trust instrument.

(4) The Attorney-General shall not by virtue of this section-

   (a)  have any greater powers than are exercisable by the court in charity
        proceedings; or

   (b)  have power to try or determine-

   (i)  the title at law or in equity to any property as between a charity or
        trustee for a charity and a person holding or claiming the property or
        an interest in it adversely to the charity;

   (ii) any question as to the existence or extent of any charge or trust;

   (iii) any dispute as to whether the trustees are trustees of a charitable
        trust; or

   (iv) any dispute as to whether the property may be applied cy près pursuant
        to section 2 or 3.

(5) In any case where the Attorney-General in accordance with subsection (2)
sanctions any scheme or gives any authority the trustees shall not thereafter
be subject to any liability for breach of trust arising solely from their
application of property cy près in accordance with such scheme or authority.