sec.199Circumstances in which purposes of charitable trust may be changed under sdiv 2 or 3

sec.199 Circumstances in which purposes of charitable trust may be changed under sdiv 2 or 3

The circumstances in which the purposes of a charitable trust may be changed under subdivision 2 or 3 to allow the trust property to be applied cy pres are as follows— the purposes, wholly or in part— have been, as far as may be, fulfilled; or can not be carried out; or can not be carried out according to the directions given and to the relevant considerations; the purposes provide a use for part only of the trust property; the trust property and other property that may be applied for similar purposes— can be more effectively used in conjunction; and can be appropriately applied to common purposes, having regard to the relevant considerations; the purposes refer to— an area that was, but has since ceased to be, a unit for some other purpose; or a class of persons, or an area, that has ceased to be suitable, having regard to the relevant considerations, or to be practical in administering the trust; the purposes, wholly or in part— have been adequately provided for in other ways; or have ceased to be charitable; or have, in any other way, ceased to provide a suitable and effective way of using the trust property, having regard to the relevant considerations. For subsection (1) , the relevant considerations are— the spirit of the trust; and the social and economic conditions prevailing at the time of the proposed change to the purposes of the trust. Subsection (1) does not affect the conditions that, apart from this Act, must be satisfied in order that property given for charitable purposes may be applied cy pres, except to the extent the conditions require a failure of the purposes. (sec.199-ssec.1) The circumstances in which the purposes of a charitable trust may be changed under subdivision 2 or 3 to allow the trust property to be applied cy pres are as follows— the purposes, wholly or in part— have been, as far as may be, fulfilled; or can not be carried out; or can not be carried out according to the directions given and to the relevant considerations; the purposes provide a use for part only of the trust property; the trust property and other property that may be applied for similar purposes— can be more effectively used in conjunction; and can be appropriately applied to common purposes, having regard to the relevant considerations; the purposes refer to— an area that was, but has since ceased to be, a unit for some other purpose; or a class of persons, or an area, that has ceased to be suitable, having regard to the relevant considerations, or to be practical in administering the trust; the purposes, wholly or in part— have been adequately provided for in other ways; or have ceased to be charitable; or have, in any other way, ceased to provide a suitable and effective way of using the trust property, having regard to the relevant considerations. (sec.199-ssec.2) For subsection (1) , the relevant considerations are— the spirit of the trust; and the social and economic conditions prevailing at the time of the proposed change to the purposes of the trust. (sec.199-ssec.3) Subsection (1) does not affect the conditions that, apart from this Act, must be satisfied in order that property given for charitable purposes may be applied cy pres, except to the extent the conditions require a failure of the purposes.