Queensland Consolidated Acts

PUBLIC TRUSTEE ACT 1978

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   4.      Crown to be bound
   5.      Provision about the Child Protection (International Measures) Act 2003
   6.      Definitions

           Part 2--The public trustee and Public Trust Office

   7.      Public trustee and Public Trust Office
   8.      Corporation sole of public trustee
   9.      Provisions about public trustee
   10.     Acting public trustee
   11.     Staff of Public Trust Office
   11A.    Delegation by public trustee
   11B.    Public trustee's seal
   11C.    Contracts and transactions of public trustee not under seal
   11D.    Evidentiary provisions
   11E.    Bond or other security not to be required
   12.     Sale of property by auction by authorised persons
   15.     Declaration of secrecy
   16.     Employment of solicitors etc.
   17.     Public trustee may fix fees and charges
   17A.    Priority etc. of fees and charges
   17B.    Costs etc. for proceedings
   18.     Accounting
   19.     Common fund and investment thereof and of other moneys
   19A.    Application of particular amounts
   20.     Advances in course of administration
   21.     Public Trust Office Investment Board
   22.     Temporary advances to the public trustee
   23.     Deficiency in common fund
   24.     Inspection and audit of books of public trustee
   25.     Unclaimed moneys fund
   25A.    Budget and performance
   26.     Balance sheet and accounts to be laid before Parliament

           Part 3--Appointment as trustee or personal representative

   27.     Rights and duties to which public trustee may be appointed
   27A.    Joint administration etc. by public trustee
   28.     The public trustee may hold as trustee for the Crown
   29.     Circumstances in which public trustee may apply for order to administer
   30.     Election to administer estates under $150000 without grant of administration
   31.     Appointment of public trustee in the place of existing personal representative
   32.     Effect of order to administer
   33.     Consequences of election
   34.     Court may order administration of estate by public trustee instead of by court
   35.     Administration of small estates
   36.     Powers of public trustee pending grant
   37.     Power of public trustee in relation to devises in certain cases
   38.     Public trustee may be appointed new or additional trustee
   39.     Appointment of public trustee as sole trustee
   40.     When public trustee being custodian trustee or statutory trustee may act as general trustee
   41.     Advisory trustees
   42.     Delegation of powers of trustees to public trustee
   43.     Legacies or shares of person under a disability etc. may be paid to public trustee
   44.     Public trustee may receive and hold moneys of person under a disability
   45.     Administration of benefit funds
   46.     Consequences regarding previous personal representatives or trustees on public trustee becoming authorised

           Part 4--Powers as personal representative, trustee etc.

   47.     Application of part
   48.     General powers
   49.     Provision of dwelling house
   50.     Maintenance of infant beneficiary out of capital
   51.     Public trustee may hold property to which mentally incapable beneficiary is entitled
   52.     Co-trustee may receive income
   53.     Priority in insolvent estates
   54.     Where residue may be paid to spouse
   55.     Public trustee may pay over to principal administrator and receive property from ancillary administrator

           Part 5--Special functions of a public nature

   57.     Public trustee may oppose grant
   58.     Public trustee may be appointed guardian
   59.     Compromise of actions by or on behalf of persons under a legal disability claiming moneys or damages valid only with sanction of court or public trustee
   60.     Public trustee may direct audit of trusts
   61.     Circumstances when public trustee may release mortgage or encumbrance for another
   62.     Circumstances where public trustee may execute transfer for another
   63.     Wills, deeds and documents may be deposited
   63A.    Adult guardian resources

           Part 6--Management of estates of incapacitated persons

           Division 1--Preliminary

   64.     Definitions

           Division 2--Protection of persons under disability

   65.     Power of court to make protection order
   66.     Court may direct investigations
   67.     Protection order in damages action
   68.     Court may give directions
   69.     Variation and duration of protection order
   75.     Costs of public trustee to be paid out of property

           Division 4--Authority where other jurisdictions involved

   77.     Definitions
   78.     Public trustee may request management in reciprocating state
   79.     Public trustee may be authorised to manage in Queensland

           Division 5--Powers and duties in the management of estates of incapacitated persons

   80.     Management by public trustee of property of incapacitated person
   81.     Miscellaneous provisions as to formal authority
   82.     Public trustee may under order of the court exercise powers or give consent on behalf of incapacitated persons
   83.     Limitation of contractual powers of incapacitated person
   84.     Proceedings for protection of property of incapacitated persons
   85.     Public trustee may complete matters commenced before authority ceased
   86.     Expenses payable out of estate
   87.     Public trustee exempt from personal liability
   88.     Disposal of property on death where value under $75000
   89.     Power to apply to court for compensation for loss of benefit in estate

           Part 7--Administration of property of prisoners

   90.     Application of this part
   91.     Public trustee to manage property of certain prisoners
   92.     Public trustee may discontinue management after notice
   93.     Public trustee may resume management by notice
   94.     Powers of public trustee
   95.     Restrictions on property dealings or proceedings
   97.     Cessation of public trustee's authority

           Part 8--Unclaimed property

           Division 1A--Object

   97A.    Object of pt 8
   97B.    Application of unclaimed superannuation benefit provisions

           Division 1--Unclaimed money
           Subdivision 1--Interpretation

   98.     Definitions
   98A.    Meaning of unclaimed superannuation benefit
           Subdivision 2--Registers and other matters about unclaimed moneys
   99.     Dividends not to be forfeited
   99A.    Public trustee's register of unclaimed moneys
   100.    Accountable person's register of unclaimed moneys
   100A.   Statement about unclaimed superannuation benefits
   101.    Public trustee may examine documents
   102.    Unclaimed moneys to be paid to public trustee
   102A.   Public trustee may refund certain amounts to accountable persons

           Division 2--Other unclaimed property

   103.    Application of division
   104.    Manner in which public trustee may become administrator
   105.    Unclaimed property held by hospitals
   106.    Person in possession of instruments of title shall deliver them to public trustee
   107.    Powers as administrator of unclaimed property
   108.    Property to be held on trust for owner
   109.    Expenses of public trustee a charge on the property
   110.    Termination of administration
   111.    Evidence in respect of unclaimed property
   112.    Mistake of fact not to affect validity
   113.    Limitations not affected

           Division 3--Payment into and out of unclaimed moneys fund

   115.    Unclaimed moneys to be credited to fund
   116.    Funds held by public trustee to be transferred
   117.    Public trustee may pay claimant
   117A.   Treasurer to pay claimant

           Division 4--Enforcement
           Subdivision 1--Inspectors

   117B.   Appointment
   117C.   Limitation of inspector's powers
   117D.   Inspector's conditions of appointment
   117E.   Inspector's identity card
   117F.   Production or display of inspector's identity card
           Subdivision 2--Inspectors' powers
   117G.   Entry to places
   117H.   Consent to entry
   117I.   Evidence of consent
   117J.   Application for warrant
   117K.   Issue of warrant
   117L.   General powers after entering places
   117M.   Failure to help inspector
   117N.   Failure to give information
   117P.   Seizing evidence at places
   117Q.   Securing seized things
   117R.   Tampering with seized things
   117S.   Receipt for seized things
   117T.   Return of seized things
   117U.   Access to seized things

           Part 9--General

           Division 1--Notice and consequences of appointment

   118.    Notice to be given to public trustee of appointment as trustee
   119.    Rejection of appointment
   120.    Effect of appointment

           Division 2--Notice, transfer and registration of assets

   121.    Notice to be given to public trustee of property
   122.    Public trustee may require property to be transferred and may summon persons for examination
   123.    Moneys and assets of public trustee deemed Crown property
   124.    Searches
   125.    Registration of stock in name of public trustee
   126.    Notice of trust not constituted only by entry of public trustee on any register of ownership
   127.    Public trustee may bring land under the Land Title Act 1994

           Division 3--Indemnities etc.

   128.    Remedy against public trustee
   129.    Advertisement for claims and payment
   130.    Allowance of claims
   131.    Barring of claims
   132.    Cases where estate may be distributed after inquiries
   133.    Payment of moneys etc. to persons abroad
   134.    Public trustee may take opinion of court on question arising in course of duties
   135.    Validation of acts of public trustee under administration granted in error
   136.    Protection of public trustee acting under court order

           Division 4--Miscellaneous

   137.    Public trustee may sue himself or herself in different capacity
   138.    Certificate or recital of authority evidence
   139.    Service of notices
   140.    Offences and penalties
   141.    Relation to other Acts and instruments
   141A.   Public trustee may approve forms
   142.    Regulation-making power

           Part 10--Transitional provisions

           Division 1--Transitional provisions for Act No. 24 of 1994

   143.    References to public curator
   144.    Public Curator Act 1915 references

           Division 2--Transitional provisions for Guardianship and Administration Act 2000

   145.    Definition for div 2
   146.    Public trustee becomes administrator if protection order or s 70 certificate of disability
   147.    Public trustee becomes attorney if s 71 certificate of disability
   148.    Completion by public trustee under previous s 85

           Division 3--Transitional provision for Discrimination Law Amendment Act 2002

   149.    Application of amendments made by Discrimination Law Amendment Act 2002
           Endnotes