Charitable Trusts Act 1962 (WA)

Western Australia

This Act was repealed by the Charitable Trusts Act 2022 s. 56 (No. 38 of 2022) on 21 Nov 2022 (see s. 2(b) and SL 2022/194 cl. 2).

Western Australia

Charitable Trusts Act 1962

An Act to amend the law relating to charitable trusts.

This Act may be cited as the Charitable Trusts Act 1962.

[2. Deleted: No. 10 of 1998 s. 76.]

This Act binds the Crown.

In this Act, unless the context otherwise requires, —

charitable purpose means every purpose that in accordance with the law of Western Australia is charitable;

Court means the Supreme Court of Western Australia or a judge thereof;

Principal Registrar of the Supreme Court means the person for the time being holding or acting in the office designated under the Supreme Court Act 1935, by that name;

property means real and personal property of every kind, and includes money.

[Section 4 amended: No. 67 of 1979 s. 71.]

• (1)

  Subject to the provisions of this Part, it is, and shall be deemed always to have been, charitable to provide, or to assist in the provision of, facilities for recreation or other leisure‑time occupation, if the facilities are provided in the interests of social welfare.

• (2)

  The requirement of subsection (1) that the facilities be provided in the interests of social welfare is not satisfied unless —

  • (a)

    the facilities are provided with the object of improving the conditions of life for the persons for whom the facilities are primarily intended; and

  • (b)

    either —

    • (i)

      those persons have need of those facilities by reason of their youth, age, infirmity or disablement, poverty or social and economic circumstances; or

    • (ii)

      the facilities are to be available to members, or to male or female members, of the public at large.

• (3)

  Subject to the requirement of subsection (1) that the facilities be provided in the interests of social welfare, that subsection applies in particular to the provision of facilities at public halls, community centres, and women’s institutes, and to the provision and maintenance of grounds and buildings to be used for purposes of recreation or leisure‑time occupation, and extends to the provision of facilities for those purposes by the organising of any activity.

• (4)

  Nothing in this section derogates from the principle that a trust or institution, to be charitable, must be for the public benefit.

• (1)

  Nothing in this Part restricts the purposes which are to be regarded as charitable independently of this Part.

• (2)

  Nothing in this Part —

  • (a)

    applies to make charitable any trust, or to validate any disposition, of property, if before the commencement of this Act that property, or any property representing…