Public Trustee Act 1930

Public Trustee Act 1930

This Act may be cited as the Public Trustee Act 1930.

In this Act, unless the contrary intention appears – bank means an authorised deposit-taking institution that is authorised under a law of the Commonwealth to carry on banking business and to call itself a bank;Board has the same meaning as in the Government Business Enterprises Act 1995; chief executive officer has the same meaning as in the Government Business Enterprises Act 1995; common fund means the common fund of the Public Trustee created by this Act;Court means the Supreme Court; director has the same meaning as in the Government Business Enterprises Act 1995; employee has the same meaning as in the Government Business Enterprises Act 1995; estate means any property under administration or held, managed, or controlled by the Public Trustee in any capacity whatsoever; executor or administrator includes administrator with the will annexed for general, special, or limited purposes; function includes duty; group investment fund means a group investment fund established under section 50A; investment committee means the investment committee established as required by section 37; probate or letters of administration includes letters of administration with the will annexed for general, special, or limited purposes;Public Trustee means The Public Trustee established under section 4;Registrar means the Registrar of the Supreme Court; spouse, in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003, with that person; trust instrument includes an order of a court that gives rise to a trust.

constituted as a corporation sole by this Act as in force immediately before 1 July 1995 is continued in force as a body corporate.

The chief executive officer may delegate to an employee any of his or her functions or powers, other than –

a function or power that has been delegated to the chief executive officer by the Board subject to the condition that the chief executive officer must not delegate it; and this power of delegation.

A document signed or purporting to be signed by a director, chief executive officer or employee under a delegation from the Board or chief executive officer is evidence of that delegation unless the contrary is shown.

Where any thing may or is required to be done by or in relation to the Public Trustee and that thing can only be done by or in relation to a natural person, that thing may be done by or in relation to the chief executive officer or an employee to whom the chief executive officer or Board has delegated the performance and exercise of functions and powers in respect of that thing.

Any powers conferred on the Public Trustee by a power of attorney may be exercised by the Board or a person to whom the Board has delegated that power.

The Public Trustee shall be administrator of all and singular the real and personal estate, effects, and credits of every deceased person whose estate the Curator of Intestate Estates shall have been authorized to collect, manage, or administer, as fully as if letters of administration had been granted to the Public Trustee.

Wherever the expression "Curator of Intestate Estates" occurs in any Act, by-law, regulation, rule, document, deed, or instrument, the same shall be read and construed as if the expression "Public Trustee" were substituted therefor.

The operation of this section shall relate back to the commencement of the Public Trust Office Act 1912.

A director, chief executive officer or employee must not divulge any information that came into his or her possession as a director, chief executive officer or employee except –

as is necessary in the performance of the office of director or in the course of employment; or as authorised or required by law.

In determining the persons, other than bankers, to be engaged in relation to any trust, the Public Trustee shall, wherever practicable, take into consideration the wishes of the creator of the trust, and of the advisory trustee, if any, and of the beneficiaries, either expressed or implied by the practice of the creator of the trust, or in the previous management of the trust.

Notwithstanding anything to the contrary in the Government Business Enterprises Act 1995 or any other law, the Public Trustee may, in addition to any money properly expended by it and chargeable against an estate that is under the Public Trustee's administration or control, charge and receive for work done or services, goods or information supplied fees, commission, remuneration, expenses and charges determined by the Public Trustee but not exceeding any maximum fees, commissions, remunerations and charges prescribed in the regulations.

If the Public Trustee fails to set fees, commissions, remuneration, expenses and charges for the work done or services, goods or information supplied by it, the charges prescribed by the Public Trust Office Regulations 1971 as in force immediately before 1 July 1995 are taken to have been set by the Public Trustee.

Subsection (2) has effect only for the period commencing on 1 July 1995 and ending on 31 December 1995.

The incidence of the fees and expenses under this section, as between capital and income, shall be determined by the Public Trustee, but any person aggrieved by such determination may apply to the Court to review the same.

Where any person or authority, within or without this State, now or hereafter has power to appoint a trustee, executor, administrator, guardian, committee, agent, attorney, or receiver, the Public Trustee may be so appointed.

The power to act as trustee shall include power to act as sole trustee for any of the purposes of the Settled Land Act 1884.

The power to act as agent or attorney includes the power so to act for the investment of money in the common fund or a group investment fund, for such period and on such terms and conditions as are agreed upon between the Public Trustee and the principal.

Save as is in this Act otherwise provided, the Public Trustee shall not accept any appointment jointly with any other person.