22DAncillary provisions

#### 22D Ancillary provisions 22D Ancillary provisions > > (1) In this section: > > > > prescribed power, in relation to a prescribed trust, means: > > > > > (a) a power referred to in section 22B included in the trust instrument, or > > > > > (b) the power referred to in section 22C as applying to the prescribed trust. > > > (2) This Act applies to a prescribed trust as if the prescribed power were a power exercisable for a charitable purpose. > > > (3) Without limiting subsection (2): > > > > > (a) neither the existence nor the exercise of the prescribed power affects the validity or status of a charitable trust as a charitable trust, and > > > > > (b) a prescribed trust is to be construed and given effect to in the same manner in all respects as if: > > > > > > > (i) the prescribed power were a power exercisable for a charitable purpose, and > > > > > > > (ii) any payment or application of the trust property or the trust income, or any part of either of them, in the manner allowed by the power were to or for a charitable purpose, and > > > > > (c) the existence or exercise of the prescribed power does not affect the control of a prescribed trust by the Court in the exercise of the Court’s general jurisdiction with respect to charitable trusts, and > > > > > (d) the jurisdiction referred to in paragraph (c) extends to the prescribed power as if the power were exercisable for a charitable purpose. > > > (4) The provision, before the commencement day, by the trustees of a prescribed trust of money, property or benefits to or for an eligible recipient or for the establishment of an eligible recipient: > > > > > (a) is taken to be, and always to have been, a provision for an authorised and valid purpose of the prescribed trust, and > > > > > (b) does not affect, and is taken never to have affected, the status of the prescribed trust as a charitable trust. > > > > This subsection applies despite anything to the contrary in the trust instrument. > > > (5) The inclusion of a power referred to in section 22B in the trust instrument of a prescribed trust before the commencement day is taken to be, and always to have been, validly included. > > **pt 4A (ss 22A–22D):** Ins 2006 No 100, Sch 1 \[1\].