16Conditions to include in waiver notices

16 Conditions to include in waiver notices

(1) In deciding what conditions to include in a waiver notice that is to be given to the trustees of a trust, the Secretary must consider the need to include a condition that the waiver notice ceases to have effect if the trustees cease to comply with a condition that is included in the waiver notice after the time or times stated in the waiver notice for complying with the condition. (2) In deciding what conditions to include in a waiver notice that is to be given to the trustees of a trust created before 1 January 2011 in relation to which the trust deed cannot be varied, the Secretary must consider: (a) the need to include a condition requiring the trustees to give the Secretary a statutory declaration made by the trustees stating the matters mentioned in subsection (3); and (b) if: (i) the trust was created on or after 20 September 2006 and before 1 January 2011; and (ii) the only contravention is due to a breach of the purpose of the trust despite the trust having complied with section 1209N of the Act before 1 January 2011; the need to include a condition requiring the trustees to give the Secretary a statutory declaration made by the trustees stating that the trust has complied with section 1209N of the Act before 1 January 2011. (3) For the purposes of paragraph (2)(a), the statutory declaration must state that the trustees will comply with Division 1 of Part 3.18A of the Act, including the following requirements: (a) that the trust has no more than 1 beneficiary, not including any residuary beneficiary; (b) that the trustees have made reasonable inquiries to determine whether the beneficiary of the trust meets the requirements of subsection 1209M(2) or (4) of the Act; (c) that the primary purpose of the trust is to meet reasonable care and accommodation needs of the beneficiary of the trust; (d) that the other purpose of the trust is primarily for the benefit of the principal beneficiary; (e) that the trust complies with a determination made by the Secretary under subsection 1209P(2) of the Act. (4) For the purposes of paragraph (3)(b), reasonable inquiries include requesting and sighting documentation from Services Australia that confirms the beneficiary of the trust meets those requirements.