Queensland Consolidated Acts

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PUBLIC TRUSTEE ACT 1978 - SECT 28

28 The public trustee may hold as trustee for the Crown

(1) If in the opinion of the Minister it is expedient that any moveable or immoveable property within or outside Queensland, which is wholly or partly used or held, or which it is proposed shall be wholly or partly used or held, by the Government of the State for governmental, administrative or departmental purposes, should be held by the public trustee for and on behalf of Her Majesty in right of the State, the Minister may authorise and direct the public trustee to purchase, accept, hold or take that property to be held upon trust for Her Majesty in right of the State.

(2) It shall not be necessary for the public trustee to take or hold any such property outside the State in or by any name, style, title, or description other than The Public Trustee of Queensland.

(3) Any person desirous of surrendering to the Crown any freehold land in Queensland which is under the Land Title Act 1994 may, with the approval of the Minister, in lieu of transferring the land to Her Majesty, transfer such land to the public trustee to be held upon trust as set forth in this section.

(4) Freehold land under the Land Title Act 1994 accepted or taken by the public trustee under subsection (1) may be transferred under the Land Title Act 1994 to the public trustee as trustee under this section.

(5) If in the opinion of the Minister it is desirable that the legal estate in any Crown land held or used for governmental, administrative or departmental purposes should be held by the public trustee, the Minister may grant such land to the public trustee in fee simple to be held upon trust as set forth in this section, and issue the deed of grant thereof in the name of the public trustee as trustee under this section.

(6) The public trustee may execute all such deeds, conveyances, assurances, transfers, documents and other writings as may be necessary or expedient for the due execution by the public trustee of any trust declared by this section, and no person dealing with the public trustee in relation to the execution of any such trust shall be bound to inquire whether the public trustee is acting in the proper execution of the public trustee's powers hereunder.

(7) The Minister may give to the public trustee such authorities and directions to purchase, accept, hold and deal with property to which this section applies as the Minister shall think fit, including either general directions as to the manner in which the public trustee shall exercise powers and perform duties as trustee in relation to any class or classes of matters or property, or directions, either specific or general, as to the manner in which the public trustee shall exercise powers or perform duties in respect of any particular matter or property, including a direction that the public trustee shall deal with such property in accordance with the direction of a specified Minister or other public authority, and the public trustee shall hold and deal with such property in accordance with such authorities and directions.

(8) When acting as trustee under this section the public trustee shall represent the Crown and shall be a Crown instrumentality, and shall have and may exercise all the powers, privileges, rights and remedies of the Crown.



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