Victorian Consolidated Legislation

Charities Act 1978 - SECT 5

Power of Attorney-General to give opinions etc.

5. Power of Attorney-General to give opinions etc.



(1) The trustees of property given for charitable purposes, the total value of
which is the corpus of which is less than $500 000 or an amount fixed under
section 4A, whichever is the greater may, in writing and upon payment of the
prescribed fee (if any), apply to the Attorney-General for the opinion or
advice of the Attorney-General on any matter affecting the performance of the
duties of the trustees as such.





(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) A trustee acting in accordance with the opinion or advice of the
Attorney-General given under this section with respect to the charity shall be
deemed as regards his responsibility for so acting, to have acted in
accordance with his trust, unless, when he does so, either-

   (a)  he knows or has reasonable cause to suspect that the opinion or advice
        was given in ignorance of material facts; or

   (b)  the decision of the court has been obtained on the matter or
        proceedings are pending to obtain a decision.