7Power of Attorney-General to vary charitable trusts

### 7 Power of Attorney-General to vary charitable trusts > > (1)  In this section, ***prescribed amount*** means – > > > > > > (a) if the trust property consists of or includes real property, the sum of $100 000; or > > > > > > > (b) if the trust property consists of personal property only, the sum of $50 000 – > > > > or, if in either case some other amount is prescribed by the regulations for the purposes of this section, that other amount. > > > (2)  The Attorney-General may approve of a scheme varying the purposes for which property is required or permitted to be applied under a charitable trust if – > > > > > > (a) satisfied that the value of the property subject to the trust does not exceed the prescribed amount; and > > > > > > > (b) on application by the trustees in the prescribed form, satisfied that circumstances exist justifying the varying of the purposes for which the property may be applied under the trust. > > > (3)  The Attorney-General may – > > > > > > (a) approve of a scheme with any alterations that he or she thinks fit; or > > > > > > > (b) disapprove of the scheme; or > > > > > > > (c) refer the scheme back to the trustees for further consideration. > > > (4)  Before approving a scheme with alterations, the Attorney-General – > > > > > > (a) by notice in writing, is to notify the trustees of the proposed alterations; and > > > > > > > (b) is to give the trustees an opportunity to make submissions in relation to those alterations. > > > (5)  The Attorney-General must not exercise any powers under this section – > > > > > > (a) unless of opinion that as far as reasonably practicable the scheme accords with the spirit of the original gift; or > > > > > > > (b) in the case of a failure of the original purposes of the trust, unless any person who has, or may acquire, a claim to any of the trust property consents to the exercise of those powers. > > > (6)  If the Attorney-General disapproves of the scheme, the trustees may formulate a further scheme and forward a copy of it to the Attorney-General. > > > (7)  If the Attorney-General has approved of a scheme, the Attorney-General must grant and forward to the trustees a certificate of approval of that scheme. > > > (8)  A certificate granted under [subsection (7)](#GS7@Gs7@EN) has effect as if it were an order made by the Court.