Victorian Current Acts

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LANDS (CHARITABLE TRUSTS) ACT 1951 - SECT 3

Power of trustees of land where trusts have failed to convey to trustees

    (1)     Unless expressly prohibited by the trust instrument, the trustees of any land referred to in the Schedule to this Act may, with the consent in writing of the Attorney-General and subject to this Act, transfer or convey such land to the trustees of any patriotic fund within the meaning of the Patriotic Funds Act 1939 to be held for the purposes of such fund or to any municipality.

    (2)     The Attorney-General shall not so consent to any such transfer or conveyance unless he is satisfied that the charitable trusts on which the land is held have failed and cannot reasonably be implemented.

    (3)     Every such transfer or conveyance shall be made—

        (a)     subject to such conditions and trusts as the Attorney-General in the circumstances of the case considers expedient; and

        (b)     for such consideration (if any) as the Attorney-General approves.

    (4)     On the execution of any such transfer or conveyance in accordance with this section the trusts on which the land was held before such transfer or conveyance shall cease and determine.



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