Australian Capital Territory Consolidated Acts

PERPETUITIES AND ACCUMULATIONS ACT 1985 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     ACT

              •     exercise

              •     interest

              •     the Territory.

"commencement date" means the date of commencement of this Act.

"disposition" includes—

        (a)     the conferring or exercising of a power of appointment or any other power or authority to dispose of property; and

        (b)     any alienation of property.

"power of appointment" includes any discretionary power to make a disposition.

"property" includes any interest in real or personal property and any thing in action.

"settlement" includes—

        (a)     a will; and

        (b)     an instrument, testamentary or otherwise, exercising a power of appointment, whether general or special; and

        (c)     any other instrument, transaction or dealing whereby a person makes a disposition;

but does not include a law in force in the ACT.

"the rule against perpetual trusts" means the common law rule that invalidates a trust for a purpose which is not charitable where the duration of the trust, if it were valid, would or might exceed the perpetuity period.

"trust"—see the Trustee Act 1925, section 4.

"trustee"—see the Trustee Act 1925, dictionary.

"will" includes a codicil.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This Act was originally a Commonwealth ordinance—the Perpetuities and Accumulations Act 1985 No 65 (Cwlth).

The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

    Commonwealth legislation

Perpetuities and Accumulations Act 1985 No 65

notified 19 December 1985

commenced 19 December 1985

as amended by

Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1

notified 10 May 1989 (Cwlth Gaz 1989 No S160)

s 1, s 2 commenced 10 May 1989 (s 2 (1))

sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)

    Legislation after becoming Territory enactment

Acts Revision (Position of Crown) Act 1993 No 44 sch 1

notified 27 August 1993 (Gaz 1993 No S165)

sch 1 commenced 27 August 1993 (s 2)

Legislation (Consequential Amendments) Act 2001 No 44 pt 280

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 280 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.40

notified 5 September 2001 (Gaz 2001 No S65)

commenced 5 September 2001 (s 2 (1))

Legislation Amendment Act 2002 No 11 pt 2.37

notified LR 27 May 2002

s 1, s 2 commenced 27 May 2002 (LA s 75)

pt 2.37 commenced 28 May 2002 (s 2 (1))

Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.27

notified LR 27 March 2003

s 1, s 2 commenced 27 March 2003 (LA s 75 (1))

sch 1 pt 1.27 commenced 28 March 2003 (s 2)

Civil Unions Act 2006 A2006-22 sch 1 pt 1.24

notified LR 19 May 2006
s 1, s 2 commenced 19 May 2006 (LA s 75 (1))
sch 1 pt 1.24 never commenced

Note     Act repealed by disallowance 14 June 2006 (see Cwlth Gaz 2006 No S93)

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.75

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.75 commenced 12 April 2007 (s 2 (1))

Civil Partnerships Act 2008 A2008-14 sch 1 pt 1.20

notified LR 15 May 2008

s 1, s 2 commenced 15 May 2008 (LA s 75 (1))

sch 1 pt 1.20 commenced 19 May 2008 (s 2 and CN2008-8)

4     Amendment history

Name of Act
s 1     A2007-3 amdt 3.402

Dictionary
s 2     defs reloc to dict A2007-3 amdt 3.404
    sub A2007-3 amdt 3.405
    def interest om A2007-3 amdt 3.403

Notes
s 2A     ins A2007-3 amdt 3.405

Application of Act to Territory
s 4     am 1993 No 44 sch 1
    sub 2002 No 11 amdt 2.77

Superannuation and other funds
s 14     am A2003-14 amdt 1.86, amdt 1.87; A2006-22 amdt 1.104 (A2006-22 rep before commenced by disallowance (see Cwlth Gaz 2006 No S93)); A2008-14 amdt 1.72

Repeal
s 21     om 2001 No 44 amdt 1.3119

Trustee Act 1957—amendment
s 22     om 2001 No 56 amdt 3.465 (see also 2001 No 44 amdt 1.3119)

Seat of Government (Administration) Ordinance 1930—amendment
s 23     om 1989 No 38 sch 1

Dictionary
dict     ins A2007-3 amdt 3.406
    def commencement date reloc from s 2 A2007-3 amdt 3.404
    def disposition reloc from s 2 A2007-3 amdt 3.404
    def power of appointment reloc from s 2 A2007-3 amdt 3.404
    def property reloc from s 2 A2007-3 amdt 3.404
    def settlement reloc from s 2 A2007-3 amdt 3.404
    def the rule against perpetual trusts reloc from s 2 A2007-3 amdt 3.404
    def trust sub 2001 No 56 amdt 3.464
    reloc from s 2 A2007-3 amdt 3.404
    def trustee sub 2001 No 56 amdt 3.464
    reloc from s 2 A2007-3 amdt 3.404
    def will reloc from s 2 A2007-3 amdt 3.404

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	ord 1989 No 38	31 May 1991
2	Act 2001 No 56	11 January 2002
3	Act 2002 No 11	29 May 2002
4	A2003-14	28 March 2003
5	A2007-3	12 April 2007

© Australian Capital Territory 2008

Australian Capital Territory

A1985-65

Republication No 6

Effective: 19 May 2008

Republication date: 19 May 2008

Last amendment made by A2008-14





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Perpetuities and Accumulations Act 1985 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 May 2008. It also includes any amendment, repeal or expiry affecting the republished law to 19 May 2008.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Perpetuities and Accumulations Act 1985

Endnotes

Australian Capital Territory

Perpetuities and Accumulations Act 1985