Queensland Consolidated Acts

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CHARITABLE FUNDS ACT 1958 - SECT 9

9 When certifying officer may prepare and submit schemes

(1) Where at any time in any case referred to in section 5 in which the amount or value of the property in the fund exceeds $1200—

(a) it is made to appear to the certifying officer that no trustee or beneficiary of or contributor to the fund can be ascertained or found or is able and willing to proceed in the manner set forth in section 7; or
(b) at a meeting of contributors convened under section 7, the majority of the persons present claiming to be contributors to the fund decide that the fund or the part or residue thereof shall be so dealt with; or
(c) it is made to appear to the certifying officer that the voting contributors, who determined at a meeting of contributors the purpose to which the fund or part or residue is to be applied, were not reasonably representative of the contributors, or that the meeting was not duly convened, or that the proceedings thereat were not conducted in accordance with this Act, or that, by reason of the absence of a quorum or other reason, there was some other irregularity in relation to such meeting; or
(d) any beneficiary requests in writing that the fund or the part or residue thereof shall be so dealt with;

a certifying officer, whether in that case a scheme has been submitted to the officer under either section 6(1) or 7(4) or not, may give notice by advertisement in accordance with section 7(1)(a), (b), (d) and (e), that the officer proposes under and in accordance with this Act, to apply to a judge of the Supreme Court for directions as to the administration of the fund, or any part or residue thereof, that the officer invites objections, by letter addressed to the officer, to his or her proposal from any trustee, beneficiary, or contributor, and specifying the time within which the officer will receive such objections.

(2) The time specified in the advertisements for the receipt by the certifying officer of such objections shall be as fixed by the certifying officer but shall not be less than 1 month from the date of the first advertisement.

(3) At any time after the expiration of the time aforesaid, the certifying officer, if no such objections are received, or if any objections are received, then upon giving in each case to the objector written notice of his or her intention so to do by prepaid registered post or certified mail addressed to the objector at the address given by the objector, may apply to a judge of the Supreme Court for directions as to the administration of the fund, and for that purpose may submit to the judge a scheme.

(4) For the purpose of submitting a scheme under this section or dealing with a fund or any part or residue thereof under and pursuant to section 10, the certifying officer may make such inquiries, by advertisement or otherwise, and may confer or correspond with such persons, as the officer thinks fit, and may prepare or cause to be prepared a scheme.

(5) The provisions of section 8(3) to (5) shall, with all necessary adaptations, apply with respect to the advertising of notice of, and the making of, the application to the judge of the Supreme Court and the submission to the judge of a scheme under this section.



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