Queensland Consolidated Acts

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TRUSTS ACT 1973 - SECT 122

122 Validation

(1) The provision, before the commencement day, by the trustees of a prescribed trust of money, property or benefits to or for an eligible recipient or for the establishment of an eligible recipient--

(a) is taken to be, and always to have been, a provision for an authorised and valid purpose of the prescribed trust; and
(b) does not affect, and is taken never to have affected, the status of the prescribed trust as a charitable trust.

(2) Subsection (1) applies despite anything to the contrary in the trust instrument.

(3) The inclusion of a power referred to in section 108 in the trust instrument of a prescribed trust before the commencement day is taken to be, and always to have been, validly included.



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