Page 175
Authorised by the Parliamentary Counsel
[s 291]
Trusts Bill 2025
Part 17 Transitional and validation provisions
(2) The repealed Act, section 90(1) to (5) continues to apply in
relation to the vesting order, and the notification, registration
or recording of the vesting order, as if this Act had not been
enacted.
291 Powers of persons in whose favour vesting order as
trustee made under repealed Act
(1) This section applies in relation to a person if—
(a) before the commencement, a vesting order as trustee
was made in favour of the person under the repealed
Act, part 7, division 3; or
(b) after the commencement, a vesting order as trustee is
made in favour of the person under the repealed Act,
part 7, division 3 as applied by section 284.
(2) The repealed Act, section 90(6) continues to apply to the
person as if this Act had not been enacted.
292 Conveyance or release by person appointed by court
under repealed Act, s 92
(1) This section applies if—
(a) immediately before the commencement, land had not
been conveyed, or a contingent right had not been
released, by a person appointed for that purpose by an
order made under the repealed Act, section 92; or
(b) after the commencement, the court makes an order
under the repealed Act, section 92 as applied by section
284 appointing a person to convey land or release a
contingent right.
(2) The repealed Act, section 92 continues to apply to the
conveyance of the land, or the release of the contingent right,
by the person in conformity with the order after the
commencement as if this Act had not been enacted.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Page 176
Authorised by the Parliamentary Counsel
[s 293]
Trusts Bill 2025
Part 17 Transitional and validation provisions
293 Revocation or variation of orders made under repealed
Act, s 94
A reference in section 180 to an order made under section 179
is taken to include—
(a) a reference to an order made under the repealed Act,
section 94(1) that, immediately before the
commencement, was still in effect; and
(b) a reference to an order made after the commencement
under the repealed Act, section 94(1) as applied by
section 284.
294 Directions made under repealed Act, s 96
(1) This section applies if, after the commencement, a trustee acts
in accordance with—
(a) a direction given in a proceeding under the repealed Act,
section 96 that was still in effect immediately before the
commencement; or
(b) a direction given after the commencement in a
proceeding under the repealed Act, section 96 as applied
by section 284.
(2) Section 185 applies to the trustee as if the direction had been
given in a proceeding under section 184.
295 Application of provisions about proceedings in absence
of particular persons
(1) Sections 190 and 191 apply only in relation to a proceeding
started after the commencement.
(2) The repealed Act, section 99 continues to apply in relation to
a proceeding started before the commencement as if this Act
had not been enacted.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 177
Authorised by the Parliamentary Counsel
[s 296]
Trusts Bill 2025
Part 17 Transitional and validation provisions
296 Application of provisions for orders about costs
The repealed Act, section 100 continues to apply in relation to
a proceeding started before the commencement as if this Act
had not been enacted.
297 Payment into court—orders made before commencement
(1) This section applies if, immediately before the
commencement—
(a) money or securities ordered to be paid into court under
the repealed Act, section 102(3) had not been paid into
court; or
(b) money or securities ordered to be paid or delivered to
the majority of trustees under the repealed Act, section
102(4) had not been paid or delivered to the trustees.
(2) The repealed Act, section 102(5) continues to apply to any
payment or delivery of the money or securities made in
accordance with the order after the commencement as if this
Act had not been enacted.
298 Payment into court—money or securities paid before
commencement
(1) This section applies if, immediately before the
commencement, money or securities paid into court under the
repealed Act, section 102 had not been paid out of court.
(2) Section 193(4) applies to the money or securities as if they
had been paid into court under section 193(2).
Division 11 Provision for charitable trusts
299 Existing proceedings in relation to charitable trusts
(1) This section applies in relation to a proceeding under the
repealed Act, section 106 that was started, but not finally
decided, before the commencement.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Page 178
Authorised by the Parliamentary Counsel
[s 300]
Trusts Bill 2025
Part 17 Transitional and validation provisions
(2) The repealed Act continues to apply in relation to the
proceeding, and the proceeding must be heard and decided, as
if this Act had not been enacted.
Division 12 Provision for gifts by particular
trustees to charity-like government
entities or other entities
300 Application of pt 13 to funds and trusts established
before commencement
(1) For section 212, definition prescribed trust, it does not matter
whether—
(a) the ancillary fund mentioned in paragraph (a) of the
definition was established before or after the
commencement; or
(b) the trust mentioned in paragraph (b) of the definition
was established before or after the commencement.
(2) This section does not limit section 3(1).
Division 13 Provisions for particular
philanthropic gifts
Subdivision 1 Preliminary
301 Definition for division
In this division—
relevant period means the period—
(a) starting on the commencement of the Criminal Proceeds
Confiscation and Other Acts Amendment Act 2009,
section 84; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 179
Authorised by the Parliamentary Counsel
[s 302]
Trusts Bill 2025
Part 17 Transitional and validation provisions
(b) ending immediately before the commencement of this
section.
Subdivision 2 Validation of exercise, or purported
exercise, of particular powers
302 Validation provision for exercise, or purported exercise,
of particular powers during relevant period
(1) This section applies if, during the relevant period, the trustees
of a prescribed trust exercised, or purported to exercise, a
power mentioned in the repealed Act, section 109(1) in
relation to the trust.
(2) The exercise, or purported exercise, of the power is taken to
be, and always to have been, as valid as it would be or would
have been if—
(a) a declaration mentioned in the repealed Act, section
109(3) had been in force for the prescribed trust; and
(b) the trustees had complied with—
(i) any limitation that applied under the repealed Act,
section 109(4) and (5) in relation to the prescribed
trust; and
(ii) the repealed Act, section 109(6).
(3) In this section—
prescribed trust means a prescribed trust within the meaning
of the repealed Act, section 107.
Notes—
1 See section 306 in relation to the application of section 305 if the
exercise, or purported exercise, of a power is validated under this
section.
2 See also section 222 of this Act and the repealed Act, section 122
in relation to the validation of other matters in relation to
prescribed trusts.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Page 180
Authorised by the Parliamentary Counsel
[s 303]
Trusts Bill 2025
Part 17 Transitional and validation provisions
Subdivision 3 Application of Act to particular
prescribed trusts
303 Definitions for subdivision
In this subdivision—
former prescribed power, for a prescribed trust, see section
304(1) and (2).
prescribed trust see section 212.
Note—
See also section 300.
304 Meaning of former prescribed power
(1) For this subdivision, if—
(a) at any time during the relevant period, the trust
instrument for a prescribed trust included an express
power mentioned in the repealed Act, section 108; and
(b) the express power applied in relation to a non-charitable
eligible recipient, whether or not the express power also
applied in relation to another eligible recipient;
the express power, to the extent it applied in relation to a
non-charitable eligible recipient, is a former prescribed power
for the prescribed trust.
(2) Also, for this subdivision, if—
(a) at any time during the relevant period, the powers of the
trustees of a prescribed trust included a power conferred
under the repealed Act, section 109; and
(b) the power applied in relation to a non-charitable eligible
recipient, whether or not the power also applied in
relation to another eligible recipient;
the power, to the extent it applied in relation to a
non-charitable eligible recipient is a former prescribed power
for the prescribed trust.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Page 181
Authorised by the Parliamentary Counsel
[s 305]
Trusts Bill 2025
Part 17 Transitional and validation provisions
(3) In this section—
eligible recipient means an eligible recipient within the
meaning of the repealed Act, section 107.
non-charitable eligible recipient means an eligible recipient
that—
(a) was not charity at law; or
(b) without limiting paragraph (a), was not established for 1
or more charitable purposes.
305 Application of Act to particular prescribed trusts
(1) This section applies in relation to a prescribed trust if, at any
time during the relevant period—
(a) the trust instrument for the prescribed trust included a
former prescribed power mentioned in section 304(1);
or
(b) the powers of the trustees of the prescribed trust
included a former prescribed power mentioned in
section 304(2).
(2) This Act applies in relation to the prescribed trust as if the
former prescribed power for the trust were a power
exercisable for a charitable purpose.
(3) Without limiting subsection (2)—
(a) neither the existence of the former prescribed power, nor
the exercise of the former prescribed power during the
relevant period, affects the validity or status of the
prescribed trust as a charitable trust; and
(b) the prescribed trust is to be construed and given effect to
as if—
(i) the former 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 of any part of either of them, in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Page 182
Authorised by the Parliamentary Counsel
[s 306]
Trusts Bill 2025
Part 17 Transitional and validation provisions
the way allowed by the former prescribed power
had been to or for a charitable purpose; and
(c) neither the existence of the former prescribed power, nor
the exercise of the former prescribed power during the
relevant period, affects the control of the prescribed trust
by the Supreme Court in the exercise of the court’s
general jurisdiction in relation to charitable trusts; and
(d) the jurisdiction mentioned in paragraph (c) extends to
the former prescribed power as if the power were
exercisable for a charitable purpose.
(4) A reference in subsection (3)(a) and (c) to the existence of the
former prescribed power is a reference to—
(a) for a former prescribed power mentioned in section
304(1)—the existence of the power in the trust
instrument at any time during the relevant period,
whether or not the power exists in the trust instrument
after the commencement; or
(b) for a former prescribed power mentioned in section
304(2)—the existence of the power at any time during
the relevant period.
(5) Nothing in this section authorises the trustees of a prescribed
trust to exercise a former prescribed power after the
commencement.
306 Application of s 305 in relation to particular powers
exercised, or purportedly exercised, before
commencement
(1) This section applies if—
(a) during the relevant period, the trustees of a prescribed
trust exercised, or purported to exercise, a power
mentioned in the repealed Act, section 109(1) in relation
to the trust; and
(b) the exercise, or purported exercise, of the power is valid
only because of section 302.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
Page 183
Authorised by the Parliamentary Counsel
[s 307]
Trusts Bill 2025
Part 17 Transitional and validation provisions
(2) Section 305 applies in relation to the power as if the power
were a former prescribed power mentioned in section 304(2).
(3) Also, section 305 applies in relation to the exercise, or
purported exercise, of the power as if the exercise, or
purported exercise, of the power were the exercise of a former
prescribed power mentioned in section 304(2).
Division 14 Provision for particular statutory
trustees under repealed Act
307 Continued application of repealed Act to statutory
trustees of settled land
(1) This section applies if, immediately before the
commencement, a person was a statutory trustee within the
meaning of the repealed Act in respect of land mentioned in
the repealed Act, section 6(1)(a) (the settled land).
(2) The repealed Act continues to apply to the statutory trustee in
respect of the settled land as if this Act had not been enacted.
Division 15 Other matters
308 Requirements for particular transfers to local
governments to end
(1) This section applies if—
(a) before the commencement, an instrument of transfer of
land to which the repealed Act, section 117 applied was
lodged for registration under the Land Title Act 1994,
but the instrument of transfer was not accompanied by a
statutory declaration mentioned in the repealed Act,
section 117; and
(b) immediately before the commencement, the instrument
of transfer had not been registered.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 184
Authorised by the Parliamentary Counsel
[s 309]
Trusts Bill 2025
Part 18 Amendment of Acts
(2) To remove any doubt, it is declared that, on the
commencement, the repealed Act, section 117 ceases to apply
in relation to the instrument of transfer.
309 References to repealed Act
A reference in an instrument to the repealed Act may, if the
context permits, be taken to be a reference to this Act.
310 Transitional regulation-making power
(1) A regulation (a transitional regulation) may make provision
about a matter for which—
(a) it is necessary to make provision to allow or facilitate
the doing of anything to achieve the transition from the
operation of the repealed Act to the operation of this
Act; and
(b) this Act does not provide or sufficiently provide.
(2) A transitional regulation may have retrospective operation to a
day not earlier than the day this section commences.
(3) A transitional regulation must declare it is a transitional
regulation.
(4) This section and any transitional regulation expire on the day
that is 2 years after the day this section commences.
Part 18 Amendment of Acts
Division 1 Amendment of this Act
311 Act amended
This division amends this Act.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Page 185
Authorised by the Parliamentary Counsel
[s 312]
Trusts Bill 2025
Part 18 Amendment of Acts
312 Amendment of long title
Long title, from ‘, to repeal’—
omit.
Division 2 Amendment of Aboriginal Land Act
1991
313 Act amended
This division amends the Aboriginal Land Act 1991.
Note—
See also the amendments in schedule 2.
314 Amendment of pt 21, div 2, hdg (Powers of Supreme
Court)
Part 21, division 2, heading, after ‘Supreme Court’—
insert—
and District Court
315 Insertion of new s 268A
Before section 269—
insert—
268A Definition for division
In this division—
court, in relation to a proceeding relating to trust
property of a land trust, means—
(a) in any case—the Supreme Court; or
(b) if the value of all the trust property of the
land trust does not exceed the monetary
limit under the District Court of Queensland
Act 1967, section 68—the District Court.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Page 186
Authorised by the Parliamentary Counsel
[s 316]
Trusts Bill 2025
Part 18 Amendment of Acts
316 Amendment of s 269 (Jurisdiction of Supreme Court)
(1) Section 269, ‘Supreme Court’—
omit, insert—
court
(2) Section 269, ‘Trusts Act 1973’—
omit, insert—
Trusts Act 2025
317 Amendment of sch 1 (Dictionary)
Schedule 1—
insert—
court, in relation to a proceeding relating to trust
property of a land trust, for part 21, division 2, see
section 268A.
Division 3 Amendment of Corrective Services
Act 2006
318 Act amended
This division amends the Corrective Services Act 2006.
319 Amendment of s 311 (Prisoners trust fund)
Section 311—
insert—
(3A) The Trusts Act 2025 does not apply in relation to
the prisoners trust fund.
320 Amendment of s 315 (Investment of prisoners trust fund)
Section 315(1)—
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Page 187
Authorised by the Parliamentary Counsel
[s 321]
Trusts Bill 2025
Part 18 Amendment of Acts
insert—
Note—
See section 311(3A) in relation to the non-application of
the Trusts Act 2025 to the prisoners trust fund.
321 Insertion of new s 319KA
After section 319K—
insert—
319KA Relationship with Trusts Act 2025
The Trusts Act 2025 does not apply in relation to
a victim trust fund.
Division 4 Amendment of District Court of
Queensland Act 1967
322 Act amended
This division amends the District Court of Queensland Act
1967.
323 Amendment of s 68 (Civil jurisdiction)
Section 68(1)(b)—
insert—
(viiia)for an application under the Trusts Act
2025 relating to a trust or trust property,
where the value of all the trust property of
the trust does not exceed the monetary limit;
(viiib)for another application under the Trusts Act
2025, where the value of the property to
which the application relates does not
exceed the monetary limit;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27