TRUSTEE ACT 1925
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 2 Dictionary
- 3 Notes
- 4 Meaning of trust
- 5 Offences against Act—application of Criminal Code etc
- 5A Treatment of unincorporated entities named in trusts
PART 2--TRUSTEES
Division 2.1--Appointment, retirement, disclaimer and ceasing to be executor
- 6 Appointment of new trustees
- 7 Additional trustee
- 7A Children not to be appointed trustees
- 8 Retirement
- 9 Vesting on appointment and retirement
- 10 Renunciation of probate
- 11 Ceasing to be executor
- 12 Registration
- 13 Protection of purchasers
Division 2.2--Powers and duties
Subdivision 2.2.1--Investment- 14 Powers of investment
- 14A Duties of trustee in relation to powers of investment
- 14B Law and equity preserved
- 14C Exercise of power of investment
- 14D Powers of trustee in relation to securities
- 14E Power to buy house as residence for beneficiary
- 14F Investment in securities under RITS system
- 17 Accepting a short title
- 18 Ratio of loan to value
- 19 Loss on authorised security
- 20 Release of part of security
- 21 Arrangement with company
- 22 New shares in company
- 23 Calls on shares
- 24 Accrued interest on debentures or stock sold or purchased
- 25 Continued holding Subdivision 2.2.2--Sale and other dealings
- 26 Powers incidental to sale
- 27 Duration of trust or power to sell
- 27B Postponement of sale
- 27C Purchaser under trust for sale
- 27D Application of rule in Howe v Earl of Dartmouth to leases
- 28 Deferred payment on sale of land
- 30 Depreciatory conditions
- 31 Sale of part of land
- 32 Sale, exchange and partition
- 32A Power to purchase equity of redemption instead of foreclosure
- 33 Sale after right of redemption barred
- 34 Release of equity of redemption in discharge of mortgage debt
- 35 Surrender of onerous lease
- 36 Leasing
- 37 Renewal of renewable leasehold
- 38 Raising money
- 39 Protection of purchasers or mortgagees
- 39A Application of income by trustee as mortgagee in possession Subdivision 2.2.3--Property not in possession
- 40 Powers Subdivision 2.2.4--Insurance
- 41 Insurance
- 42 Application of insurance money Subdivision 2.2.5--Maintenance, advancement and protective trusts
- 43 Maintenance and accumulation
- 44 Advancement
- 45 Protective trusts Subdivision 2.2.6--Appropriation and payment to public trustee and guardian
- 46 Appropriation
- 47 Payment to public trustee and guardian Subdivision 2.2.7--Receipts and compounding
- 48 Receipts
- 49 Compounding Subdivision 2.2.8--Safe custody, audit and valuation
- 50 Deposit for safe custody
- 51 Audit
- 51A Information etc for Minister
- 51B Minister may require inquiry etc
- 52 Valuation Subdivision 2.2.9--Agents, banks and others
- 53 Employment of agents
- 54 Banks
- 54A Bank may recognise certain signatures and endorsements
- 55 Property outside ACT
- 56 Undivided interests Subdivision 2.2.10--Surviving trustees
- 57 Two or more trustees Subdivision 2.2.11--Protection of trustees
- 58 Powers of attorney
- 59 Implied indemnity
- 60 Distribution after notice
- 61 Distribution where estate comprises leaseholds, and in certain other
- 61A Personal liability of legal representative or trustee
- 62 Notice affecting a trustee
- 63 Advice
Division 2.3--Delegation
- 64 Execution of trust
- 65 Consent to exercise of trust or power
- 66 Person dealing with delegate
- 67 Power of attorney
- 68 Registration
PART 3--POWERS OF SUPREME COURT
Division 3.1--New trustees and vesting orders
- 70 New trustees
- 71 Vesting orders
- 72 Contingent rights of unborn person
- 73 Child beneficiary
- 74 Mortgagee under disability
- 75 Deceased mortgagee
- 76 Sale or mortgage of land
- 77 Specific performance etc
- 78 Effect of vesting order
- 79 Appointment of person to convey
- 80 Trustees of charities
Division 3.2--Dealings and improvements
- 81 Advantageous dealings
- 82 Improvements and repairs
- 83 Improvements and repairs without Supreme Court's approval
- 84 Sale of child's property
Division 3.3--Relief and indemnity
Division 3.4--Miscellaneous powers
- 87 Division of chattels
- 88 Order in absence of trustee
- 89 Supreme Court considerations in action for breach of trust
- 89A Power of Supreme Court to set off investment gains and losses
- 90 Postponement of order
Division 3.5--Applications and orders
Division 3.6--Charitable trusts
- 94A Applications to Supreme Court
- 94B Orders of Supreme Court
- 94C Notice to Minister
- 94E Action under Supreme Court order lawful
PART 4--PAYMENT INTO COURT
- 94F Definitions for pt 4
- 95 Trustees
- 96 Person liable to person with legal disability
- 98 Money or securities