Western Australian Consolidated Acts

CHARITABLE TRUSTS ACT 1962 - SECT 22D

22D .         Ancillary provisions

        (1)         In this section —

        prescribed power , in relation to a prescribed trust, means —

            (a)         a power referred to in section 22B included in the trust instrument; or

            (b)         the power referred to in section 22C as applying to the prescribed trust.

        (2)         This Act applies to a prescribed trust as if the prescribed power were a power exercisable for a charitable purpose.

        (3)         Without limiting subsection (2) —

            (a)         neither the existence nor the exercise of the prescribed power affects the validity or status of a charitable trust as a charitable trust; and

            (b)         a prescribed trust is to be construed and given effect to as if —

                  (i)         the prescribed power were a power exercisable for a charitable purpose; and

                  (ii)         any payment or application of the trust property or the trust income, or any part of either of them, in the way allowed by the power were to or for a charitable purpose;

                and

            (c)         the existence or exercise of the prescribed power does not affect the control of a prescribed trust by the Court in the exercise of the Court’s general jurisdiction in relation to charitable trusts; and

            (d)         the jurisdiction mentioned in paragraph (c) extends to the prescribed power as if the power were exercisable for a charitable purpose.

        (4)         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.

        (5)         Subsection (4) applies despite anything to the contrary in the trust instrument.

        (6)         The inclusion of a power referred to in section 22B in the trust instrument of a prescribed trust before the commencement day is taken to be, and always to have been, validly included.

        [Section 22D inserted by No. 9 of 2011 s. 4.]

        [Heading inserted by No. 7 of 1998 s. 17.]