{"id":"tas:sr-2024-081","name":"Variation of Trusts Regulations 2024","slug":"variation-of-trusts-regulations-2024","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"81 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174540,"registerId":"tas-sr-2024-081-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Variation of Trusts Regulations 2024](/view/html/inforce/2026-04-12/sr-2024-081) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 10 December 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Variation of Trusts Act 1994](/view/html/inforce/2026-04-12/act-1994-052) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Variation of charitable trusts by Attorney-General","content":"### 4 Variation of charitable trusts by Attorney-General\n\n> For the purposes of [section 7(1)](/view/html/inforce/2026-04-12/act-1994-052#GS7@Gs1@EN) of the Act, the prescribed amount in relation to any trust property is $500,000, whether that property consists of, or includes, real property or personal property.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application for approval of scheme to vary charitable trust","content":"### 5 Application for approval of scheme to vary charitable trust\n\n> > (1)  An application for the approval of a scheme under [section 7(2)(b)](/view/html/inforce/2026-04-12/act-1994-052#GS7@Gs2@Hpb@EN) of the Act is to –\n> > \n> > > > (a) state the terms and conditions of the trust to which it relates; and\n> > > \n> > > > (b) state the facts and circumstances specified in [section 5](/view/html/inforce/2026-04-12/act-1994-052#GS5@EN) of the Act which would justify variation of the purposes of the trust; and\n> > > \n> > > > (c) state –\n> > > > \n> > > > > > (i) the name and address of the trustees of the trust property at the time at which the application is made; and\n> > > > > \n> > > > > > (ii) the full details of the trust property, including its location, at the time at which the application is made.\n> \n> > (2)  An application referred to in [subregulation (1)](#GS5@Gs1@EN) is to –\n> > \n> > > > (a) be accompanied by copies of the document creating the trust and of any variation to the trust, unless those documents are unavailable; and\n> > > \n> > > > (b) if the application is based on failure of the original purposes of the trust, be endorsed with a consent to the variation by any person who has, or may acquire, a claim to any of the trust property; and\n> > > \n> > > > (c) be accompanied by a draft scheme for the purposes of [Part 2](/view/html/inforce/2026-04-12/act-1994-052#HP2@EN) of the Act; and\n> > > \n> > > > (d) be accompanied by evidence, satisfactory to the Attorney-General, of the value of each item of the trust property.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Register","content":"### 6 Register\n\n> The register kept under [section 9](/view/html/inforce/2026-04-12/act-1994-052#GS9@EN) of the Act is to be made available for inspection during the normal office hours of the Registry of the Court.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 10 December 2024\n\nThese regulations are administered in the Department of Justice.","sortOrder":5}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Variation of Trusts Act 1994 by setting the monetary threshold for Attorney-General approval and prescribing application requirements. There is no scope creep beyond the administrative mechanics of charitable trust variation."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","Straightforward procedural requirements without nested conditions","No cross-references to other legislation beyond the parent Act","Simple monetary threshold ($500,000) with no exceptions or escalators","Linear structure: commencement → interpretation → substantive provisions → administrative requirement","Total length of approximately 6 short sections"],"plain_english_summary":"**What this does:**\n\nThese regulations set out the practical rules for how charitable trusts can be changed (\"varied\") in Tasmania under the *Variation of Trusts Act 1994*.\n\n**Key things it covers:**\n\n*   **The $500,000 threshold:** The Attorney-General can directly approve changes to charitable trusts worth up to $500,000 without needing to go to court. This applies whether the trust owns land (real property) or other assets like money or shares (personal property).\n\n*   **What applications must include:** Anyone wanting to change a charitable trust must submit a detailed application to the Attorney-General that explains:\n    *   The current terms of the trust\n    *   Why the change is needed (for example, if the original purpose has become impossible or outdated)\n    *   Who the current trustees are and where the trust property is located\n    *   Copies of the original trust documents (if available)\n    *   Consent from anyone who might have a claim to the property (if the change is due to the original purpose failing)\n    *   A draft of the proposed changes\n    *   Proof of what the trust property is worth\n\n*   **Public access:** The register of approved trust variations must be available for public inspection during normal court office hours.\n\n**Who it affects:**\n\n*   Trustees of charitable trusts in Tasmania who need to update or modernise their trust's purposes\n*   The Attorney-General's office, which processes these applications\n*   Beneficiaries and potential claimants to trust property\n\n**Why it matters:**\n\nCharitable trusts can last for decades or centuries, but their original purposes sometimes become outdated or impossible to fulfil. These regulations create a streamlined process for updating them while ensuring proper oversight, transparency, and protection of charitable assets."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"It is impossible to assess whether the scope changed from the original intent, as no substantive regulatory content was provided in the document. Only administrative and status metadata is present."},"complexity_factors":["No substantive legislative content is present in the provided text — only metadata and status information","Trust law in general is a complex area, but no specific provisions are visible to assess","The regulation appears to be subsidiary legislation (a regulation made under a parent Act), which adds one layer of interpretive complexity in locating the governing framework","The title suggests interaction with the broader Variation of Trusts Act, but the relationship cannot be assessed from this document alone"],"plain_english_summary":"This Tasmanian regulation, titled Variation of Trusts Regulations 2024, appears only as an administrative cover: publication and status metadata with no substantive text. \n\nBecause the operative clauses aren’t present, its actual rules can’t be determined. It would, in principle, affect trustees, beneficiaries and advisers if it contained procedural or administrative rules for varying trusts, but nothing here explains what those rules are."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"These regulations operationalise the Act by prescribing a monetary threshold ($500,000) for Attorney‑General variation of charitable trusts (Reg 4), and by specifying procedural and evidentiary requirements for applications (Reg 5). They also make the register inspectable at Registry hours (Reg 6). In effect, they define when and how the Attorney‑General may act under the Act and allocate documentary, valuation and consent burdens to trustees and applicants (Regs 4–6)."},"complexity_factors":["Prescribed monetary threshold for Attorney‑General power ($500,000) — Reg 4","Detailed application content requirements (terms, circumstances, trustee details, property location) — Reg 5(1)(a)–(c)","Documentary attachments and exceptions (copies of trust documents unless unavailable) — Reg 5(2)(a)","Consent endorsement required where variation is based on failure of original purposes — Reg 5(2)(b)","Requirement to accompany a draft scheme for Part 2 purposes — Reg 5(2)(c)","Valuation evidence must be 'satisfactory to the Attorney‑General' (discretionary evidentiary standard) — Reg 5(2)(d)","Public access limited to normal office hours for the Registry (practical access constraint) — Reg 6","Commencement date specified (implementation timing) — Reg 2","Statutory linkage to the Act for substantive authority and thresholds (interpretation reference) — Reg 3"],"plain_english_summary":"These regulations set how the Variation of Trusts Act 1994 is applied: they prescribe a $500,000 threshold for Attorney‑General variation of charitable trusts (reg 4), require specific documents, valuations and consents for applications (reg 5), and make the court register available for inspection (reg 6).\n\nTrustees and applicants must provide trust instruments, a draft scheme and evidence of value that is satisfactory to the Attorney‑General; the Attorney‑General retains discretion to accept valuation evidence."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/variation-of-trusts-regulations-2024","history":"/api/acts/variation-of-trusts-regulations-2024/history","analysis":"/api/acts/variation-of-trusts-regulations-2024/analysis","conflicts":"/api/acts/variation-of-trusts-regulations-2024/conflicts","importantCases":"/api/acts/variation-of-trusts-regulations-2024/important-cases","documents":"/api/acts/variation-of-trusts-regulations-2024/documents"}}