5Application for approval of scheme to vary charitable trust

5 Application for approval of scheme to vary charitable trust

(1)  An application for the approval of a scheme under section 7(2)(b) of the Act is to –

(a) state the terms and conditions of the trust to which it relates; and

(b) state the facts and circumstances specified in section 5 of the Act which would justify variation of the purposes of the trust; and

(c) state –

(i) the name and address of the trustees of the trust property at the time at which the application is made; and

(ii) the full details of the trust property, including its location, at the time at which the application is made.

(2)  An application referred to in subregulation (1) is to –

(a) be accompanied by copies of the document creating the trust and of any variation to the trust, unless those documents are unavailable; and

(b) if the application is based on failure of the original purposes of the trust, be endorsed with a consent to the variation by any person who has, or may acquire, a claim to any of the trust property; and

(c) be accompanied by a draft scheme for the purposes of Part 2 of the Act; and

(d) be accompanied by evidence, satisfactory to the Attorney-General, of the value of each item of the trust property.