South Australian Numbered Acts

TRUSTEE (CHARITABLE TRUSTS) AMENDMENT ACT 2010 (NO 13 OF 2010) - SCHEDULE 1

Schedule 1—Transitional provisions

1—Interpretation

In this Schedule—

principal Act means the Trustee Act 1936 .

2—Validation of acts under trusts deemed charitable under section 69D

        (1)         The exercise or purported exercise of a power before the commencement of section 3 of this Act by a trustee in relation to the provision of money, property or any other benefit to or for an entity under a charitable trust under section 69D of the principal Act (as inserted by section 3 of this Act)—

            (a)         has the same force and effect as if section 69D had been in operation at the time at which the power was exercised or purportedly exercised; and

            (b)         must be taken to be, and always to have been, a valid and lawful exercise of power by the trustee under the trust.

        (2)         The provision or purported provision before the commencement of section 69D of money, property or any other benefit to or for an entity under a charitable trust under section 69D of the principal Act (as inserted by section 3 of this Act)—

            (a)         has the same force and effect as if section 69D had been in operation at the time at which the money, property or other benefit was provided or purportedly provided; and

            (b)         must be taken to be, and always to have been, a provision for a valid and lawful purpose of the trust.