Charities Act 1978 (Vic)

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Version No. 034

Charities Act 1978

No. 9227 of 1978

Version incorporating amendments as at


26 April 2021

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

1ADefinitions

Part I—The application of the cy près doctrine to charities

2Occasions for applying property cy près

3Application cy près of gifts of donors unknown or disclaiming

4Power of Attorney-General to sanction schemes

4AGovernor in Council may increase monetary limits

4BTabling before Parliament and disallowance

5Power of Attorney-General to give opinions etc.

6Payment by trustees to charitable institutions

7Regulations

7ATransitional provision—Charities (Amendment) Act 2005

Part IA—Approval for investment in common funds

7BPowers of trustees under this Part

7CPowers under this Part subject to provisions and conditions of Order or approval

7DApplication to court

7EPowers of court do not derogate from other powers

7FApplication to Attorney-General in respect of eligible property

7GAttorney-General may make investigations

7HAttorney-General may approve application of Part

7IPart continues to apply if corpus exceeds initial limits

Part IB—Charitable trusts

7JDefinitions

7KDistribution to certain eligible entities

7LLeave to apply trust fund for further purposes

7MInclusion of non-charitable purposes not to invalidate trust

Part II—Supervision of charities

8Definitions

9Method of conducting inquiry

9AAttorney-General may require information

9BOffence to fail to comply with requirement

10Powers of inspector

11Record of examination

12Report

13Court may order removal of trustee or executor

14Inspector's power to delegate

15Costs

16Offence

17Exemption from Part

Part III—General

18Attorney-General's power to delegate

Schedule—Declaration by Trustees

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 034

Charities Act 1978

No. 9227 of 1978

Version incorporating amendments as at


26 April 2021

An Act to amend the Law relating to Charities and for other purposes.

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

(1)This Act may be cited as the Charities Act 1978.

(2)The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

1ADefinitions

In this Act—

eligible property means property given for charitable purposes where the total value of the corpus of the property—

(a)is less than $500 000 or an amount fixed under section 4A, whichever is the greater; or

(b)does not exceed $50 000 or an amount fixed under section 4A, whichever is the greater and the property is given for specific charitable purposes which fail;

the court means the Supreme Court.

Part I—The application of the cy près doctrine to charities

2Occasions for applying property cy près

(1)Subject to subsection (2), the circumstances in which the original purposes of a charitable gift can be altered to allow the property given or part of it to be applied cy près shall…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.