Victorian Consolidated Legislation

Charities Act 1978 - SECT 7L

Leave to apply trust fund for further purposes

7L. Leave to apply trust fund for further purposes



(1) On the application of the trustees or the administrator of any charitable
trust (whether created before, on or after 1 April 1959) the court may grant
leave empowering the trustees or the administrator-

   (a)  to apply the trust fund for such further purposes as are necessary or
        desirable in order to carry out the purposes of the trust or to make
        them fully effective or are incidental to the carrying out of those
        purposes; and

   (b)  without affecting the generality of paragraph (a), if the carrying out
        of the purposes of the trust will impose on a charity an expense that
        is not adequately met by payments made pursuant to the trust, to apply
        such portion of the trust fund as is proper to meet those expenses.

(2) If leave is granted, the trustees or the administrator (as the case may
be) may exercise the power subject to and in accordance with that leave.

(3) Any trustees or administrator wishing to obtain leave under this section
may apply to the court by summons to which the Attorney-General is to be made
a party.

(4) In this section administrator means any person (other than the trustees)
administering a trust fund.

Note This section re-enacts (with amendments) section 63 of the Religious
Successory and Charitable Trusts Act 1958.