Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Act 2011 (34 of 2011)

Schedule 1   Special disability trusts

Veterans' Entitlements Act 1986

9   Subsections 52ZZZWB(2), (3) and (4)

Repeal the subsections, substitute:

Other purposes

(2) The trust may have other purposes that are:

(a) both ancillary to the primary purpose and necessary or desirable to facilitate the achievement of that purpose; or

(b) primarily for the benefit of the principal beneficiary.

Note 1: A particular purpose may be covered by both of paragraphs (2)(a) and (b).

Note 2: The application of the income and assets of the trust for purposes (other than the primary purpose) that are primarily for the benefit of the principal beneficiary is dealt with by section 52ZZZWEA.

Guidelines relating to purposes

(3) If guidelines are made under subsection (4) then, for the purposes of this section:

(a) the reasonable care and accommodation needs of a principal beneficiary of a special disability trust must be decided in accordance with the guidelines if they deal with those needs; and

(b) purposes, other than the primary purpose of a special disability trust, that are primarily for the benefit of the principal beneficiary of a trust must be decided in accordance with the guidelines if they deal with those other purposes.

(4) The Commission may, by legislative instrument, make guidelines for deciding either or both of the following for the purposes of this section:

(a) what are, and what are not, reasonable care and accommodation needs for beneficiaries of trusts;

(b) what are, and what are not, trusts’ purposes, other than the primary purpose described in subsection (1), that are primarily for the benefit of beneficiaries of the trusts.