HomeBillsBill 68

📜 Charitable Trusts Bill 2022

Assented toLABill 687 April 2022

The Charitable Trusts Bill 2022 repeals and replaces the Charitable Trusts Act 1962. It modernises the law relating to charitable trusts, including recreational facilities, schemes for property, investigations, court proceedings, and gifts for philanthropic purposes.

Impact

Charitable organisations, donors, beneficiaries, and the Attorney General are affected. It modernises regulations and oversight of charitable trusts, ensuring accountability and effective use of charitable resources.

Key Changes

["Repeals and replaces the Charitable Trusts Act 1962.", "Establishes the Western Australian Charitable Trusts Commission.", "Modernises provisions for recreational facilities, property schemes, and investigations."]

Parliamentary Progress

  1. LA Second Reading MovedLA7 Apr 2022
  2. LA IntroducedLA7 Apr 2022
  3. LA Consideration in DetailLA14 June 2022
  4. LA Second Reading AgreedLA14 June 2022
  5. LA AmendedLA14 June 2022
  6. LA Third ReadingLA16 June 2022
  7. LC Second Reading MovedLC16 June 2022
  8. LC Second Reading AgreedLC20 Oct 2022
  9. LC Third ReadingLC27 Oct 2022
  10. Royal Assent1 Nov 2022
Affected Sectors
public_sectorfinanceother

Penalty Provisions5 found

💰 Max fine: $12,000🔒 Max imprisonment: 1 yearregulatory · administrative · criminal
s. 10(5)Regulatorycross reference

Failure by a person in whom the property is vested to comply with subsection (4) (submitting a scheme to the Attorney General for approval of an alternative charitable purpose when the original purpose is impossible, impracticable, etc.)

Ref: section 45(1)(b) (ground for removal)

(5) A failure by a person in whom the property is vested to comply with subsection (4) constitutes a ground for removal under section 45(1)(b).

s. 12(5)Regulatorycross reference

Failure by a person in whom the property is vested to comply with subsection (4) (submitting a scheme to the Attorney General for approval to extend or vary powers or specify/vary mode of administration when necessary)

Ref: section 45(1)(b) (ground for removal)

(5) A failure by a person in whom the property is vested to comply with subsection (4) constitutes a ground for removal under section 45(1)(b).

s. 15Administrative

Attorney General’s fees for considering schemes and preparing scheme reports

15. Attorney General’s fees for considering schemes and preparing scheme reports The Attorney General may charge fees for considering schemes and preparing scheme reports.

s. 39Criminalboth

Giving false or misleading information to the Western Australian Charitable Trusts Commission or an investigator

Fine: $12,000Imprisonment: 1 year

39. False or misleading information A person must not give information to the Western Australian Charitable Trusts Commission or an investigator that the person knows to be false or misleading in a material particular. Penalty: a fine of $12 000 and imprisonment for 1 year.

s. 40Criminalboth

Failing to comply with a requirement made by the Western Australian Charitable Trusts Commission or an investigator under this Part

Fine: $12,000Imprisonment: 1 year

40. Failure to comply with requirement A person must not fail to comply with a requirement made by the Western Australian Charitable Trusts Commission or an investigator under this Part. Penalty: a fine of $12 000 and imprisonment for 1 year.

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