University of the Sunshine Coast Act 1998
sec.43Amendment of terms of trusts and gifts
Start here
Get a plain-English read of sec.43
Turn the raw legal text into a practical explanation grounded in University of the Sunshine Coast Act 1998.
sec.43 Amendment of terms of trusts and gifts
This section applies if— property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and the council is satisfied— the donor’s purpose— has been wholly or substantially achieved; or no longer exists; or has been adequately provided for in another way; or is uncertain, can not be identified, or is insufficiently defined; or becomes impossible, impractical or inexpedient to carry out; or the property is inadequate for the donor’s purpose. The council may prepare a scheme (the proposed scheme ) for the use of the property for another purpose (the designated purpose ). (sec.43-ssec.1) This section applies if— property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and the council is satisfied— the donor’s purpose— has been wholly or substantially achieved; or no longer exists; or has been adequately provided for in another way; or is uncertain, can not be identified, or is insufficiently defined; or becomes impossible, impractical or inexpedient to carry out; or the property is inadequate for the donor’s purpose. (sec.43-ssec.2) The council may prepare a scheme (the proposed scheme ) for the use of the property for another purpose (the designated purpose ).
- (a) property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and
- (b) the council is satisfied— (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or (ii) the property is inadequate for the donor’s purpose.
- (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or
- (A) has been wholly or substantially achieved; or
- (B) no longer exists; or
- (C) has been adequately provided for in another way; or
- (D) is uncertain, can not be identified, or is insufficiently defined; or
- (E) becomes impossible, impractical or inexpedient to carry out; or
- (ii) the property is inadequate for the donor’s purpose.
- (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or