Commissions, fees, charges and expenses
74 Commissions, fees, charges and expenses
(1) Subject to the direction of the Minister, the Public Trustee may charge against an estate or trust or property under the management or control of the Public Trustee commission, fees and charges for services provided by the Public Trustee at the rate or amount determined under subsection (2) or as is agreed.
(2) The Minister may, by notice in the Gazette, determine rates or amounts of commission, fees and charges that may be charged under subsection (1).
(3) Commission, fees and charges charged under subsection (1) are in addition to:
any other fees and levies charged under this Act; and
(b) any expenses properly incurred by the Public Trustee in connection with the estate, trust or property.
Commission, fees, charges and expenses:
(a) may be deducted from money received or held by the Public Trustee in connection with the estate, trust or property in respect of which the services to which the commission, fees or charge relate were provided or the expenses were incurred; or
(b) may be raised (together with the costs and expenses of doing so) by the sale or mortgage of, or the giving or taking of a charge over, any property of the estate or trust in respect of which the services to which the commission or fees relate were provided or the expenses were incurred.
(5) The Public Trustee may authorise outgoings and maintenance payments from the common funds in respect of investments, including real property investments, that are under the management or control of the Public Trustee.
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