Charitable Trusts Act 1993 (NSW)

Charitable Trusts Act 1993 No 10

An Act to make further provision for the protection of charitable trusts; to authorise the Attorney General to establish schemes for the administration of charitable trusts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Charitable Trusts Act 1993.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions In this Act: charitable trust means any trust established for charitable purposes and subject to the control of the Court in the exercise of the Court's general jurisdiction with respect to charitable trusts. Court means the Supreme Court of New South Wales. trust property means any property subject to the charitable trust concerned.

4 Application of Act (1) This Act applies in respect of a charitable trust even though: (a) it was established outside New South Wales, or (b) the trust property is not situated in New South Wales, or (c) the trustees are not domiciled or resident in New South Wales. (2) This Act applies to a trust created before or after the commencement of this section, except as otherwise provided by this Act. (3) This Act does not apply to the exclusion of the provisions of any other Act relating to charitable trusts.

Part 2 Protection of charitable property

5 Definition of "charitable trust proceedings" (1) In this Part, charitable trust proceedings means proceedings in the Court brought, whether by any trustee of a charitable trust or by any other person, under the Court's statutory or general jurisdiction with respect to any breach or supposed breach of a charitable trust, or with respect to the administration of a charitable trust. (2) However, in this Part charitable trust proceedings does not include: (a) proceedings for the bringing of any appeal, or (b) proceedings relating merely to the construction of a trust instrument.