South Australia
Julia Farr Services (Trusts) Bill 2007
A Bill For
An Act to construe certain testamentary dispositions, trusts and gifts in favour of the Home for Incurables, the Julia Farr Centre or Julia Farr Services in favour of Julia Farr Association; and for other purposes.

Contents
1	Short title
2	Commencement
3	Interpretation
4	Application of Act
5	Dispositions, gifts and related powers to vest in JFA
6	Variation of terms of trust
7	Alteration of rules of JFA

The Parliament of South Australia enacts as follows:
1—Short title
This Act may be cited as the Julia Farr Services (Trusts) Act 2007.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Interpretation
In this Act, unless the contrary intention appears—
designated entity means—
	(a)	the Home for Incurables Incorporated, or the Home for Incurables; or
	(b)	Julia Farr Centre Inc. or Julia Farr Centre; or
	(c)	Julia Farr Services; or
	(d)	Julia Farr;
JFA means the Julia Farr Association Incorporated (a body corporate under the Associations Incorporation Act 1985);
property includes real and personal property, and any estate and interest in any property, real or personal, and any debt, and any thing in action, and any other right or interest, whether in possession or not.
4—Application of Act
	(1)	This Act applies to a testamentary disposition, trust or gift made or created before or after the commencement of this Act.
	(2)	Subject to subsection (3), this Act is in addition to, and does not derogate from, the Trustee Act 1936.
	(3)	Section 69B of the Trustee Act 1936 does not apply to a charitable trust to which this Act applies.
5—Dispositions, gifts and related powers to vest in JFA
	(1)	Despite a provision of another Act or law—
	(a)	a testamentary disposition in favour of a designated entity will be taken to be a testamentary disposition in favour of JFA; and
	(b)	a trust in favour of a designated entity will be taken to be a trust in favour of JFA; and
	(c)	a testamentary disposition, trust or fund in favour of the residents or patients of a designated entity, or for the benefit of residents or patients at any place or places or facility or facilities owned or operated by a designated entity, or formerly owned or operated by a designated entity, will be taken to be a trust in favour of the residents or patients, or classes of residents or patients, nominated by JFA from time to time by resolution of the board of management of JFA; and
	(d)	a gift in favour of a designated entity (not being made by testamentary disposition or under the terms of a trust) will be taken to be a gift in favour of JFA.
	(2)	Without limiting the operation of subsection (1), a reference in an instrument to a designated entity as trustee will be taken to be a reference to JFA.
	(3)	Subsection (2)—
	(a)	does not affect the operation of the appointment of a trustee (a new trustee) in place of a designated entity before the commencement of this Act; and
	(b)	does not allow JFA to exercise a power to remove a new trustee who has been so appointed.
	(4)	Nothing in this section operates to defeat the intention reflected by the provisions or terms of a testamentary disposition, trust or gift that provide that, should the beneficiary cease to exist, the testamentary disposition, trust or gift was to lapse or was to be in favour of some other person or body.
	(5)	Nothing in this section invalidates the execution, declaration or creation of a testamentary disposition, trust or gift made or effected before the commencement of this Act.
	(6)	For the purposes of this section, a reference to a testamentary disposition includes a reference to a surrender or release effected by a testamentary disposition.
6—Variation of terms of trust
	(1)	The purposes for which property the subject of a testamentary disposition or trust referred to in section 5 is to be applied under a trust may be varied by application under this section in the following circumstances:
	(a)	if the original purposes, in whole or in part, cannot be carried out according to any directions given and to the spirit of the gift that has been made or the trust that has been created;
	(b)	if it is not reasonably practicable having regard to changes in circumstances that have taken place since the constitution of any relevant trust to apply the property in accordance with the original purposes;
	(c)	if the original purposes, in whole or in part, have ceased to provide a suitable and effective method of using the property.
	(2)	An application for a variation of the terms of a trust under this section must be made by JFA in a manner and form determined by the Attorney‑General.
	(3)	Notice of an application for variation of the terms of a trust under this section must be given as the Attorney‑General directs.
	(4)	The Attorney‑General may refer an application to the Supreme Court if the application raises questions that should, in the Attorney‑General's opinion, be decided by the Court.
	(5)	If the Attorney‑General or the Supreme Court (as the case requires) is satisfied that the variation of the terms of a trust—
	(a)	accords, as far as reasonably practicable, with the spirit of the trust; and
	(b)	is justified in the circumstances of the particular case,
the Attorney‑General or the Court may approve the variation and the trust as varied prevails over any inconsistent provisions of a relevant instrument or declaration of trust.
	(6)	The reasonable costs of an application under this section are payable at the direction of the Attorney‑General from the property in question.
	(7)	In the case of an application decided by the Attorney‑General, the costs—
	(a)	are to be fixed by the Attorney‑General; and
	(b)	may include costs payable to the Crown to defray the cost of investigating and deciding the application; and
	(c)	may be recovered as a debt.
	(8)	The Attorney‑General must keep available for public inspection a register of approvals given under this section.
	(9)	For the purposes of this section—
	(a)	a reference to the original purposes of a trust will be construed after taking into account the operation of section 5, and this section will otherwise operate subject to any provision made under that section; and
	(b)	a reference to the original purposes of a trust will be construed after taking into account any other variations made by or under the operation of any other Act or law, including by or under the terms of any declaration made by a court.
7—Alteration of rules of JFA
	(1)	Any rule of JFA that provides—
	(a)	for the objects of JFA; or
	(b)	for the manner or circumstances of the winding up of JFA; or
	(c)	for the distribution of any property of JFA on the winding up of JFA,
may not be altered except with the approval of the Attorney‑General.
	(2)	This section operates in addition to the requirements of the Associations Incorporation Act 1985.