On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 01/03/2011.
26A.
—(1) This section shall apply where the Commissioner is satisfied —
(a)
that a person or persons in possession or control of any property held by or on trust for a charity is or are unwilling to apply it properly for the purposes of the charity; and
(b)
that it is necessary or desirable to make an order under this section for the purpose of securing a proper application of that property for the purposes of the charity.
[10/2007]
(2) The Commissioner may by order direct the person or persons concerned to apply the property in such manner as is specified in the order.
[10/2007]
(3) An order under this section —
(a)
may require action to be taken whether or not it would otherwise be within the powers exercisable by the person or persons concerned in relation to the property; but
(b)
may not require any action to be taken which is prohibited by any written law or expressly prohibited by the governing instruments of the charity.
[10/2007]
(4) Anything done by a person under the authority of an order under this section shall be deemed to be properly done in the exercise of the powers mentioned in subsection (3)(a).
[10/2007]
(5) Subsection (4) shall not affect any contractual or other rights arising in connection with anything which has been done under the authority of such an order.
[10/2007]
(6) Any person who contravenes an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part thereof during which the offence continues after conviction.
[10/2007]