Tasmanian Consolidated Acts
- Act 34 of 1898
- Royal Assent 29 October 1898
TABLE OF PROVISIONS
Long Title
PART I - Preliminary
1. 1. Short title
2. 2. Commencement
3. 3.
4. 4. Interpretation
PART II - Investments
5. 5. Application of Part
6. 6. Power of trustee to invest
7. 7. Duty of trustee
8. 8. Matters to which trustee may have regard
9. 9. Law and equity preserved
10. 10. Powers of trustee in relation to securities
11. 11. Calls on shares
12. 12. Purchase of house for beneficiary
12A. 12A. Power of trustee to retain investments
12B. 12B. Loans and investments by trustees
12C. 12C. Liability of trustee for loss on improper investments
12D. 12D. Court may take into account investment strategy
12E. 12E. Set-off for gains and losses
12F. 12F. Transitional provision
PART III - Various Powers and Duties of Trustees
13. 13. Power of appointing new trustees
14. 14. Retirement of trustee
15. 15. Vesting of trust property in new or continuing trustees
16. 16. Power of trustee for sale to sell by auction
17. 17. Power to sell subject to depreciatory conditions
18. 18. Power to sell under section 37 of the Conveyancing and Law
of Property Act 1884
19. 19.
20. 20. Power to authorize receipt of money by banker or Australian
legal practitioner
21. 21. Power to insure building or other property
22. 22. Power of trustees of renewable leaseholds to renew and to
raise money for the purpose
23. 23. Power of trustee to give receipts
24. 24. Power of executors and trustees to compound, &c.
25. 25. Powers of two or more trustees exercisable by survivor
25AA. 25AA. Power to delegate trusts
25A. 25A. Distribution of property or estate after notice by trustee
or executor or administrator
26. 26. Exoneration of trustees in respect of certain powers of
attorney
27. 27. Implied indemnity of trustees
28. 28. Right of beneficiary to apply to trustee for accounts
29. 29. Power of trustees to make advances to beneficiaries
30. 30. Protective trusts
PART IV - Trustee Companies
31. 31. Power of trustee companies to act for two or more trustees
PART V - Powers of the Court
32. 32. Power of Court to appoint new trustees
33. 33. Vesting orders as to property
34. 34. Vesting orders as to stock and choses in action
35. 35. Orders as to contingent rights of unborn persons
36. 36. Vesting order in place of conveyance by certain persons
under disability
37. 37. Vesting order in place of conveyance by representative of
mortgagee
38. 38. Vesting order consequential on judgment for sale or mortgage
39. 39. Vesting order consequential on judgment for specific
performance
40. 40. Effect of vesting order
41. 41. Power to appoint person to convey
42. 42. Persons entitled to apply for orders
43. 43. Powers of new trustee appointed by Court
44. 44. Power to charge costs on trust estate
45. 45. Trustees of charities
46. 46. Orders made upon certain allegations to be conclusive
evidence
47. 47. Power of Court to make orders in certain cases not provided
for by trust instruments, &c.
48. 48. Payment into Court by trustees
49. 49. Payment into Court of money of certain persons under
disability
50. 50. Jurisdiction of Court in cases of breach of trust
51. 51. Power to give judgment in absence of trustee
52. 52. Power to sanction sale of land or minerals separately
53. 53. Power to make beneficiary indemnify for breach of trust
PART VI - Miscellaneous and Supplemental
54. 54. Provisions as to appointments of trustees apply to trustees
under the Settled Land Act 1884
55. 55. Power of trustees, with sanction of Court, to raise by
mortgage moneys for preservation of estate or like purposes
56. 56.
56A. 56A.
57. 57. Decrees, &c., to bind land under the Real Property Act
1862Land Titles Act 1980
58. 58. Remuneration of trustee
59. 59. Trust estates not affected by trustee becoming a convict
60. 60.
61. 61. Decree for sale
62. 62. Power of judges to make rules under this Act
63. 63. Costs in discretion of Court
64. 64. Application of Act
65. 65. Act to operate as indemnity
SCHEDULE 1
SCHEDULE 2
[ Note: This table has been automatically generated and may be incomplete. ]