South Australian Numbered Acts

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HEALTH SERVICES CHARITABLE GIFTS ACT 2011 (NO 15 OF 2011) - SECT 19

19—HAC may apply to transfer property to Board

        (1)         A HAC may make a request in writing to the Minister for permission to transfer property to the Board to hold on trust for the benefit of a specified public health entity, or part of a public health entity.

        (2)         The Minister may grant a request if the Minister considers it appropriate to do so in the circumstances.

        (3)         If the Minister grants a request under this section, the property is, on such grant, vested in the Board by operation of this section.

        (4)         Despite any other provision of this Act, property vested in the Board under this section—

            (a)         is free from any trust to which the property may have been subject prior to being so vested; and

            (b)         is held on trust by the Board for the benefit of the entity, or part of the entity, specified in the request.

        (5)         The Minister may, on application by the HAC or on his or her own initiative, revoke a decision under subsection (2) and require the Board to—

            (a)         if none of the property has been applied in accordance with this Act—transfer to the HAC the property (or an amount of money determined by the Minister to be equal to the value of the property) and an amount representing interest earned by the Board on the property (determined by the Minister after consultation with the Board); or

            (b)         if part of the property has been applied in accordance with this Act—transfer to the HAC the remaining part of the property (or an amount of money determined by the Minister to be equal to the value of that part of the property) and an amount representing interest earned by the Board on that part of the property (determined by the Minister after consultation with the Board).

        (6)         To avoid doubt, a revocation by the Minister under subsection (5) does not revive any trust to which the property was subject prior to being vested in the Board.



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