New South Wales Repealed Acts

This legislation has been repealed.

PROTECTED ESTATES ACT 1983 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"ADT" means the Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997 .
"costs" includes fees, charges, disbursements, expenses and remuneration.
"Court" means the Supreme Court of New South Wales.
"Director-General" means the Director-General of the Attorney General’s Department.
"Guardianship Tribunal" means the Guardianship Tribunal constituted under the Guardianship Act 1987 .
"incapable person" means a person who, under the law of another country, state or territory, being the country, state or territory in which the person resides, has been found to be incapable of managing his or her affairs.
"investment fund" means an investment fund established under section 54.
"involuntary patient" has the same meaning as it has in the Mental Health Act 2007 .
"mental health facility" has the same meaning as it has in the Mental Health Act 2007 .
"MHRT" means the Mental Health Review Tribunal constituted under the Mental Health Act 2007 .
"patient" has the same meaning as in the Mental Health Act 2007 .
"person under guardianship" has the same meaning as it has in Part 3 of the Guardianship Act 1987 .
"protected missing person" means a person in respect of whom an order is in force under Division 1A of Part 3 that the estate (or any part of it) of the person be subject to management under this Act.
"protected person" means a person (other than a protected missing person) in respect of whom an order is in force under this Act or the Guardianship Act 1987 that the estate (or any part thereof) of the person be subject to management under this Act.
"Protective Commissioner" means the person for the time being holding the office of Protective Commissioner.
"regulations" means regulations made under this Act.
"reserve fund" means a reserve fund established under section 54.
"spouse" means:

(a) a husband or wife, or

(b) the other party to a de facto relationship within the meaning of the Property (Relationships) Act 1984 , in which the parties have cohabited for a period of not less than 2 years,

but where more than one person would so qualify as a spouse, means only the last person so to qualify.
"stock" means:

(a) a share or other interest in a company, society or association,

(b) a fund, annuity or security transferable:

(i) in books kept by a company, society or association,

(ii) by deed alone, or

(iii) by deed accompanied by other formalities,

(c) money payable for the discharge or redemption of any such fund, annuity or security, and

(d) a share or other interest in any such fund, annuity or security.

"trust fund" means the trust fund referred to in section 27 (1).

(2) In this Act, a reference to:

(a) a function includes a reference to a power, authority and duty, and

(b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(4) In this Act, a reference to the estate of a person is a reference to the property and affairs of the person. However, if a part of a person’s estate is excluded from an order under any Act that the person’s estate be subject to management under this Act, a reference in this Act to the estate of the person is a reference to so much of the property and affairs of the person as is subject to the order.