Trusts Act 2025
sec.205Deciding application
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sec.205 Deciding application
The Attorney-General must consider the application and decide to— approve the scheme; or approve the scheme with a variation proposed under section 204 (1) (c) ; or refuse to approve the scheme. In making the decision, the Attorney-General must have regard to any written submissions made to the Attorney-General, within the submission period for the application, by a person or charity interested in the proper administration of the charitable trust. The Attorney-General may decide to approve the scheme under subsection (1) (a) or (b) only if satisfied that— the value of all the trust property does not exceed the monetary limit under the District Court of Queensland Act 1967 , section 68 ; and 1 or more of the circumstances mentioned in section 199 (1) (a) to (e) apply in relation to the charitable trust; and the trustee has given public notice of the application in compliance with section 203 (2) and (3) ; and for an approval under subsection (1) (b) —the trustee consents to the variation of the scheme proposed by the Attorney-General. The Attorney-General must decide to refuse to approve the scheme if the Attorney-General considers it more appropriate that the application be dealt with by the court— because of the contentious nature of the application; or because a special question of law or fact arises; or for another reason. If the Attorney-General decides to refuse to approve the scheme, the Attorney-General must give the trustee written notice of the decision, including the reasons for the decision. In this section— submission period , for an application, means the period stated in the public notice given under section 203 (3) (a) in relation to the application. (sec.205-ssec.1) The Attorney-General must consider the application and decide to— approve the scheme; or approve the scheme with a variation proposed under section 204 (1) (c) ; or refuse to approve the scheme. (sec.205-ssec.2) In making the decision, the Attorney-General must have regard to any written submissions made to the Attorney-General, within the submission period for the application, by a person or charity interested in the proper administration of the charitable trust. (sec.205-ssec.3) The Attorney-General may decide to approve the scheme under subsection (1) (a) or (b) only if satisfied that— the value of all the trust property does not exceed the monetary limit under the District Court of Queensland Act 1967 , section 68 ; and 1 or more of the circumstances mentioned in section 199 (1) (a) to (e) apply in relation to the charitable trust; and the trustee has given public notice of the application in compliance with section 203 (2) and (3) ; and for an approval under subsection (1) (b) —the trustee consents to the variation of the scheme proposed by the Attorney-General. (sec.205-ssec.4) The Attorney-General must decide to refuse to approve the scheme if the Attorney-General considers it more appropriate that the application be dealt with by the court— because of the contentious nature of the application; or because a special question of law or fact arises; or for another reason. (sec.205-ssec.5) If the Attorney-General decides to refuse to approve the scheme, the Attorney-General must give the trustee written notice of the decision, including the reasons for the decision. (sec.205-ssec.6) In this section— submission period , for an application, means the period stated in the public notice given under section 203 (3) (a) in relation to the application.