Public Trustee Act 1930

Subject to this Act and to the provisions of any trust instrument, the Public Trustee, for any of the purposes of this Act, unless expressly prohibited by or under the trust instrument, at his discretion, and in addition to, and not in restriction of, any other powers under this Act, or any other Act or otherwise, may exercise the following powers:Sell, or concur with any other person in selling, property by public auction or private contract, all together or in parts, and subject to such conditions as he thinks fit;Purchase in fee simple lands in this State;Postpone the sale, calling-in, and conversion of any real or personal estate for so long as he thinks fit, notwithstanding that it may be of a wasting, speculative, or reversionary nature;On the sale (whether under any power of sale as mortgagee or otherwise) of any real or leasehold estate, subdivide the same into allotments, and for that purpose construct and dedicate all such roads, footpaths, and streets, and do all such other things, as he thinks necessary, or as are required by any law relating to subdivisions;Exchange property or join in a partition of property;Grant easements and enter into party-wall agreements;In exercising any power of sale conferred by this or any other Act, or by any instrument – grant a lease of the property with an optional or compulsory purchase clause; sell any buildings, fixtures, timber, or other things affixed to land apart from the land itself; agree to the cancellation or variation of any contract or agreement for the sale and purchase of any property upon such conditions as he thinks proper;Lease, or concur in leasing, property for a term not exceeding twenty-one years, to take effect in possession at a reasonable yearly rental with or without a fine, premium, or foregift, provided that, should any such fine, premium, or foregift be taken, the amount thereof shall be deemed to be part of the rental, and shall, as between the persons beneficially entitled to the rental, be considered as accruing from day to day, and be apportioned over the term of the lease;Surrender, or concur in surrendering, any lease, and accept a new lease;Accept a lease of any property at such rent, and upon such terms and conditions, as he shall think fit;Insure against fire, accident, or loss any property without obtaining the consent of any person who may be entitled to the use, occupation, or enjoyment of such property, and recover the costs of so doing from the person entitled to such use, occupation, and enjoyment;Expend money for the repair, maintenance, upkeep or renovation of any property, without obtaining the consent of any person having any estate or interest therein, and apportion the cost thereof between corpus and income or otherwise among the persons beneficially entitled thereto in such manner as to him seems equitable;Where in any estate under his administration he holds any life policy, and there are not sufficient funds to keep the same on foot, he may surrender such policy, and may in any such case accept in lieu thereof a fully paid-up policy;Pay rates, taxes, assessments, insurance premiums, and other outgoings;Borrow money upon the security of property, and secure the payment thereof and interest by mortgage or charge of such property, with or without a power of sale, and enter into such covenants, provisions, and agreements as may be agreed upon by him and the mortgagee. The power to give such security shall extend to any debt or liability incurred before the date of the Public Trustee's appointment, and he may pay the interest secured by such mortgage or charge out of the income, or, if such income be insufficient, out of the capital;Exercise powers of appointment and give consents as fully as the person whom he represents could have exercised or given the same;Grant powers of attorney to any person in or out of this State to do any act or thing which he could do;Appropriate any part of the estate in or towards satisfaction of any legacy or share, whether settled, contingent, or absolute, to which any person is entitled, and for that purpose value the whole or any part of the estate in such manner as he thinks fit: Provided that, before any such appropriation is effectual, notice thereof shall be given to all persons sui juris who are interested in such appropriation, any of whom, within one month after receipt of such notice, may apply to a judge to vary the same, and such appropriation shall be conclusive save as otherwise directed by the judge: Provided further that, where the person interested is out of the jurisdiction, the said period of one month may be extended by a judge for such period as he may think fit on the application of the Public Trustee or of any person interested;Bring or defend any action or other proceeding and suffer judgment to go by default or consent to any judgment or order in such action or proceeding upon such terms as he thinks fit;Take part in any liquidation proceedings, or take proceedings to cause a person to be adjudicated a bankrupt, or a company to be wound up, and vote and act either personally or by proxy at any meetings of creditors of any person or company, or of shareholders of any company, whether the company is being wound up or not;Institute criminal proceedings concerning property;Pay debts, obligations, costs, and expenses, including funeral charges, within the meaning of this Act;Carry out contracts entered into before or after the date of his appointment;Consult with and employ such persons as he deems expedient for advising or assisting him in the administration or management of any estate, and remunerate any such person in such manner as he thinks fit;Expend portion of the capital of any estate under his administration on the improvement or development thereof, and for the like purpose advance money on the security of such estate, but where the amount to be so expended or advanced exceeds the prescribed amount the same shall not be expended or advanced except upon an order of the Court;Inspect all returns lodged with the Commissioner of State Revenue under any Act relating to Land Tax or Income Tax by a person whose estate is under administration by the Public Trustee and take copies thereof;Retire from the trusteeship of an estate, the interests of which are in conflict, involving litigation, with those of another estate of which he is trustee;Do or omit all acts and things and execute all instruments necessary to carry into effect any of his powers and authorities.

On the application of the Public Trustee the Court may make such order as aforesaid and the same may apply generally to the property to be affected as aforesaid or to such part thereof as the Court may think proper.

In any criminal proceedings instituted by the Public Trustee as hereinbefore provided, the property to which the same relate shall be deemed, until the contrary is proved, to be the property of the Public Trustee and in his possession.