Victorian Consolidated Legislation

Property Law Act 1958 - SECT 36

Delegation of powers of management by trustees for sale15

36. Delegation of powers of management by trustees for sale15



(1) The powers of and incidental to leasing, accepting surrenders of leases
and management, conferred on trustees for sale whether by this Part or
otherwise, may, until sale of the land, be revocably delegated from time to
time, by writing, signed by them, to any person of full age (not being merely
an annuitant) for the time being beneficially entitled in possession to the
net rents and profits of the land during his life or for any less period; and
in favour of a lessee such writing shall, unless the contrary appears, be
sufficient evidence that the person named therein is a person to whom the
powers may be delegated, and the production of such writing shall, unless the
contrary appears, be sufficient evidence that the delegation has not been
revoked.

(2) Any power so delegated shall be exercised only in the names and on behalf
of the trustees delegating the power.

(3) The persons delegating any power under this section shall not, in relation
to the exercise or purported exercise of the power, be liable for the acts or
defaults of the person to whom the power is delegated, but that person shall,
in relation to the exercise of the power by him, be deemed to be in the
position and to have the duties and liabilities of a trustee.

(4) Where, at the commencement of this Act, an order made under section one
hundred and thirty-six of the Settled Estates and Settled Land Act 1915 or any
corresponding previous enactment, is in force, the person on whom any power is
thereby conferred shall, while the order remains in force, exercise such power
in the names and on behalf of the trustees for sale in like manner as if the
power had been delegated to him under this section.