Charitable Trusts Act 2022 (WA)

Western Australia Charitable Trusts Act 2022 Western Australia Charitable Trusts Act 2022 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Act binds Crown 2 4. Terms used 2 Part 2 — Charitable recreational facilities 5. Recreational facilities for charitable purposes 4 6. General savings of law relating to charitable trusts 4 7. Savings for Charitable Trusts Act 1962 5 Part 3 — Schemes for property held for charitable purposes 8. Terms used 6 9. Application of Part 6 10. Property disposed of for other charitable purposes 6 11. Combining property held for same or similar purpose 7 12. Extension or variation of powers or specification or variation of mode of administration 8 13. Schemes for approval 9 14. Submitting schemes to Attorney General 10 15. Attorney General's fees for considering schemes and preparing scheme reports 11 16. Applications for approval of schemes by Attorney General 11 17. Approval of scheme by Attorney General 12 18. Approval of scheme by Court 13 19. Application for Court approval must be advertised 14 20. Opposition to application for scheme 15 21. Jurisdiction of Court in respect of schemes 15 22. Power to make an order despite non‑compliance with procedural requirements 16 23. Administration of property through schemes 16 24. Expenses of scheme 16 25. Restrictions on approval of schemes 17 26. Holder of property to transfer it in accordance with scheme 17 27. Savings for Charitable Trusts Act 1962 18 Part 4 — Investigation of charitable trusts 28. Terms used 19 29. Western Australian Charitable Trusts Commission established 20 30. Functions of the Western Australian Charitable Trusts Commission 21 31. Complaints relating to charitable trusts or classes of charitable trusts 21 32. Investigation of charitable trusts 22 33. Powers under Royal Commissions Act 1968 23 34. Western Australian Charitable Trusts Commission's power to carry out audits of charitable trust accounts 24 35. Power to enter premises 25 36. Consequences of disclosure of privileged documents or information 25 37. Confidentiality 26 38. Protection from liability for complainants and providers 29 39. False or misleading information 29 40. Failure to comply with requirement 30 41. Investigator's report 30 42. Investigator's report may be published, tabled and provided to certain persons by Attorney General 31 43. Recovery of costs and expenses of investigation of charitable trust 32 Part 5 — Proceedings in relation to charitable trusts 44. Proceedings to enforce or vary charitable trusts 33 45. Proceedings relating to persons involved in administration of charitable trusts 34 46. Certain persons unfit to be involved in administration of charitable trusts 35 47. Conduct of proceedings related to charitable trusts 37 Part 6 — Gifts by certain trusts for philanthropic purposes 48. Terms used 38 49. Prescribed trust: trust instrument containing express power to give to eligible recipients 39 50. Prescribed trust: trust instrument not containing express power to give to eligible recipients 39 51. Ancillary provisions 39 52. Validation provisions for period preceding former commencement day 40 53. Validation and transitional provisions for period preceding commencement of this Part 41 Part 7 — Miscellaneous 54. Protection from liability for persons performing functions under Act 43 55. Regulations 43 Part 8 — Repeal, savings and transitional provisions and consequential amendment 56. Charitable Trusts Act 1962 repealed 44 57. Savings and transitional provisions for Charitable Trusts Act 1962 44 58. Freedom of Information Act 1992 amended 45 Notes Compilation table 46 Defined terms Western Australia Charitable Trusts Act 2022 An Act — * to affect the law relating to charitable trusts; and * to repeal the Charitable Trusts Act 1962; and * to make a consequential amendment to the Freedom of Information Act 1992.