Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 219

219 Determinable interests

(1) The rule against perpetuities shall apply—

(a) to a possibility of reverter in land on the determination of a determinable fee simple, in which case if the fee simple does not determine within the perpetuity period it shall afterwards continue as a fee simple absolute; and

(b) to a possibility of a resulting trust on the determination of any other determinable interest in property, in which case if the first interest created by the trust does not determine within the perpetuity period the interest it creates shall afterwards continue as an absolute interest; and

(c) to a right of entry for condition broken the exercise of which may determine a fee simple subject to a condition subsequent and to an equivalent right in the case of property other than land, in which case if the right of entry or other right is not exercised within the perpetuity period the fee simple shall afterwards continue as an absolute interest and any such other interest in property shall afterwards continue free from the condition.

(2) This section shall apply whether or not the determinable or conditional disposition is charitable except that the rule against perpetuities shall not apply to a gift over from 1 charity to another.

(3) Where a disposition is subject to any provision that causes an interest to which subsection (1) (a) or (b) applies to be determinable, or to any condition subsequent giving rise on breach of it to a right of re-entry or an equivalent right in the case of property other than land, or to any exception or reservation the disposition shall be treated for the purposes of this Act as including a separate disposition of any rights arising because of the provision condition subsequent exception or reservation.