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…