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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Public Trustee and Trustee
Companies) Bill 2000
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to the Public Trustee
Act 1941
Division 1 -- Public Trustee Act 1941 amended in
this Part
3. The Act amended 3
Division 2 -- Substantive amendments
4. Long title amended 3
5. Section 1 replaced 3
6. Section 2 amended 4
7. Section 3 amended 5
8. Part I replaced 5
9. Part II heading and Division (1) heading replaced 14
10 . Heading to Part II Division (2) replaced 14
11 . Section 9 amended 14
12 . Section 12 amended 14
13 . Section 12A inserted 15
14 . Section 14 amended 16
15 . Section 15 repealed 16
16 . Section 18 amended 16
17 . Heading to Part II Division (3) replaced 16
18 . Section 22A inserted 17
19 . Section 23 amended 17
page i
27--1
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Contents
20 . Heading to Part II Division (4) replaced 17
21 . Section 33 amended 18
22 . Heading to Part II Division (5) replaced 18
23 . Section 37 amended 18
24 . Heading to Part II Division (6) replaced 19
25 . Part II Division 7 inserted 19
26 . Part III amended 22
27 . Section 41 amended 33
28 . Section 42 repealed 33
29 . Section 43 repealed 33
30 . Section 44 amended 33
31 . Section 45 amended 33
32 . Section 46 repealed 34
33 . Section 47 amended 34
34 . Section 48 replaced 34
35 . Part IV heading replaced 35
36 . Section 49 amended 35
37 . Section 52 replaced 36
38 . Section 53 replaced 36
39 . Section 54 amended 38
40 . Section 55 amended 39
41 . Section 56 amended 39
42 . Section 59 amended 39
43 . Section 60 amended 39
44 . Section 62 amended 39
45 . Section 64 amended 40
46 . Section 66 inserted 40
47 . First Schedule repealed 41
48 . Sixth Schedule amended 41
Division 3 -- Minor amendments to make gender of
persons referred to in the Act non-specific and as to
corporate name
49 . "He" amended to "the PTO" 42
50 . "He" amended to refer to various other persons 42
51 . "Him" amended to "the PTO" 44
52 . "Him" amended to refer to various other persons 44
53 . "His" amended to "the PTO's" 45
54 . "His" amended to refer to various other persons 45
55 . "Public Trustee" amended to "PTO" 47
page ii
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Contents
Division 4 -- Savings and transitional provisions
56 . Definitions 48
57 . Interpretation Act 1984 not affected 49
58 . The Public Trustee continues as the Public Trust
Office 49
59 . Staff 50
60 . Crediting of certain reserve moneys to Consolidated
Fund 50
61 . The Common Fund saved as a common fund 51
62 . Power to meet deficiency in the saved Common Fund
from the Consolidated Fund continues for 5 years in
respect of existing participants 51
63 . Savings of leases under repealed section 40(2a)(b) and
40A 52
64 . Interim business plan and interim annual operational
plan 52
Part 3 -- Amendments to the Trustee
Companies Act 1987
65 . The Act amended 53
66 . Section 18A inserted 53
67 . Section 30 amended 53
68 . Schedule 2 amended 53
Part 4 -- Consequential amendments to
various other Acts
Division 1 -- Aboriginal Affairs Planning Authority
Act 1972
69 . The Act amended 54
70 . Section 35 amended 54
71 . Section 36 amended 54
72 . Section 37 amended 55
Division 2 -- Administration Act 1903
73 . The Act amended 55
74 . Section 3 amended 55
75 . Section 17A amended 56
76 . Section 26 amended 56
page iii
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Contents
77 . Section 45 amended 56
78 . Section 142 amended 56
Division 3 -- Auction Sales Act 1973
79 . Auction Sales Act 1973 amended 57
Division 4 -- Charitable Trusts Act 1962
80 . Charitable Trusts Act 1962 amended 57
Division 5 -- Constitution Acts Amendment Act 1899
81 . Constitution Acts Amendment Act 1899 amended 57
Division 6 -- Crimes (Confiscation of Profits)
Act 1988
82 . The Act amended 58
83 . Heading to Part 4 amended 58
84 . Section 28 amended 58
85 . "Public Trustee" amended to "Public Trust Office" 59
Division 7 -- Criminal Injuries Compensation
Act 1985
86 . Criminal Injuries Compensation Act 1985 amended 60
Division 8 -- Financial Administration and Audit
Act 1985
87 . Financial Administration and Audit Act 1985
amended 61
Division 9 -- Financial Institutions Duty Act 1983
88 . Financial Institutions Duty Act 1983 amended 61
Division 10 -- Guardianship and Administration
Act 1990
89 . The Act amended 62
90 . Section 3 amended 62
91 . Section 41 amended 62
92 . Section 64 amended 62
93 . Section 76 amended 63
94 . Section 80 amended 63
95 . Section 83B amended 63
96 . Section 117 amended 64
97 . Schedule 5 clause 1 amended 64
98 . Schedule 5 clause 2 amended 66
99 . Schedule 5 clause 3 amended 66
page iv
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Contents
Division 11 -- Inheritance (Family and Dependants
Provision) Act 1972
100 . Inheritance (Family and Dependants Provision)
Act 1972 amended 66
Division 12 -- Land Administration Act 1997
101 . Land Administration Act 1997 amended 67
Division 13 -- Police Act 1892
102 . Police Act 1892 amended 67
Division 14 -- Public Sector Management Act 1994
103 . Public Sector Management Act 1994 amended 67
Division 15 -- Securities Industry (Application of
Laws) Act 1981 amended
104 . Securities Industry (Application of Laws) Act 1981
amended 68
Division 16 -- Securities Industry Act 1975
105 . Securities Industry Act 1975 amended 68
Division 17 -- Statutory Corporations (Liability of
Directors) Act 1996
106 . Statutory Corporations (Liability of Directors)
Act 1996 amended 68
Division 18 -- Strata Titles Act 1985
107 . Strata Titles Act 1985 amended 69
Division 19 -- Supreme Court Act 1935
108 . Supreme Court Act 1935 amended 69
Division 20 -- Transfer of Land Act 1893
109 . Transfer of Land Act 1893 amended 70
Division 21 -- Trustees Act 1962
110 . The Act amended 70
111 . Section 6 amended 70
112 . Section 13 amended 70
113 . Section 14 amended 71
114 . Section 15 amended 71
115 . Section 51 amended 72
page v
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Contents
Division 22 -- Unclaimed Money Act 1990
116 . Unclaimed Money Act 1990 amended 72
page vi
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Public Trustee and Trustee
Companies) Bill 2000
A Bill for
An Act to amend --
· the Public Trustee Act 1941;
· the Trustee Companies Act 1987,
and to make consequential amendments to various other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Public Trustee
and Trustee Companies) Act 2000.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
page 2
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Public Trustee Act 1941 amended in this Part Division 1
s. 3
Part 2 -- Amendments to the Public Trustee Act 1941
Division 1 -- Public Trustee Act 1941 amended in this Part
3. The Act amended
The amendments in this Part are to the Public Trustee
5 Act 1941*.
[* Reprinted as at 8 September 1993.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, pp. 204-05.]
Division 2 -- Substantive amendments
10 4. Long title amended
The long title is amended by deleting "appointment of a public
trustee, and the powers and duties" and inserting instead --
"
establishment of the Public Trust Office and the
15 functions
".
5. Section 1 replaced
Section 1 is repealed and the following is inserted instead --
"
20 Part 1 -- Preliminary
1. Short title
This Act may be cited as the Public Trust Office
Act 1941.
".
page 3
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 6
6. Section 2 amended
Section 2 is amended as follows:
(a) after the definition commencing "administration" the
following definition is inserted --
5 "
"common fund" means a common fund referred to in
section 39D.
";
(b) after the definition of "estate" the following definition is
10 inserted --
"
"Executive Director" means the Executive Director
provided for by section 3B.
";
15 (c) after the definition of "income" the following definition
is inserted --
"
"member of staff ", in relation to the Public Trust
Office, means the Executive Director or any other
20 person referred to in Part 3.
";
(d) the definition of "Public Trustee" is deleted and the
following definition is inserted instead --
"
25 "PTO" or "Public Trust Office" means the Public
Trust Office established by section 3A.
";
(e) after the definition of "rules" the following definitions
are inserted --
30 "
"Treasurer" means Treasurer of the State.
"Treasurer's guidelines" means guidelines issued by
the Treasurer under section 48A(2).
".
page 4
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 7
7. Section 3 amended
Section 3(2) is repealed.
8. Part I replaced
Part I is repealed and the following Parts are inserted instead --
5 "
Part 2 -- The Public Trust Office
3A. Public Trust Office established
(1) A body called the Public Trust Office is established.
(2) The PTO is a body corporate with perpetual
10 succession.
(3) Proceedings may be taken by or against the PTO in its
corporate name.
(4) The PTO may use one or more of the following
operating names --
15 (a) Public Trust Office;
(b) Public Trustee;
(c) any name approved by the Minister.
(5) The PTO is an agent of the Crown in right of the State
and, except as provided in subsection (6), enjoys the
20 status, immunities and privileges of the Crown.
(6) Nothing in this Act shall be read as conferring on the
PTO in the performance of its functions or provision of
services any immunity from the operation of any
written law.
25 3B. Executive Director
(1) There shall be an office of Executive Director, Public
Trust Office.
page 5
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 8
(2) A chief executive officer of the Public Trust Office
shall be appointed under Part 3 of the Public Sector
Management Act 1994 and that person shall hold the
office of Executive Director.
5 (3) The Executive Director, in the name of the PTO,
shall --
(a) perform the functions of the PTO under this
Act or any other written law; and
(b) determine the policies and control the affairs of
10 the PTO.
(4) The Executive Director is responsible for, and has the
powers needed to administer, the day to day operations
of the PTO.
3C. Delegation
15 (1) The PTO may, by instrument in writing, delegate the
performance of any of its functions, except this power
of delegation.
(2) A delegation under subsection (1) may be made --
(a) to a member of the PTO's staff; or
20 (b) with the approval of the Minister, to any other
person.
(3) A function performed by a delegate shall be taken to be
performed by the PTO.
(4) A delegate performing a function under this section
25 shall be taken to do so in accordance with the terms of
the delegation unless the contrary is shown.
(5) Nothing in this section shall be read as limiting the
ability of the PTO to act through its staff and agents in
the normal course of business.
page 6
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 8
4. Ministerial control
(1) The Minister is the responsible authority of the PTO
for the purposes of the Public Sector Management
Act 1994.
5 (2) The Minister may give written directions to the PTO
with respect to the performance of its functions, either
generally or in relation to a particular matter, and the
PTO shall give effect to any such direction when it
becomes effective under section 4A.
10 (3) The Minister shall cause the text of any direction under
subsection (2) to be laid before each House of
Parliament or dealt with under section 53A --
(a) within 14 days after the direction is given; or
(b) if the direction is the subject of a notice under
15 section 17 of the Statutory Corporations
(Liability of Directors) Act 1996, within
14 days after it is confirmed under that section.
(4) The text of a direction under subsection (2) shall be
included in the annual report submitted by the
20 accountable authority of the PTO under section 66 of
the Financial Administration and Audit Act 1985.
4A. When directions take effect
(1) Subject to this section, a direction under section 4(2)
becomes effective on the expiry of 7 days after the
25 PTO receives it or of such longer period as the Minister
may, at the request of the PTO, determine.
(2) If the PTO asks the Minister to extend the 7 day period
under subsection (1), the Minister shall decide whether
or not to agree to the request and notify the PTO of that
30 decision before the 7 day period has expired.
page 7
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 8
(3) If a direction is the subject of a notice under section 17
of the Statutory Corporations (Liability of Directors)
Act 1996, it does not become effective before it is
confirmed under that section or the expiry of any
5 extension of time notified under subsection (4).
(4) Despite subsection (4) of section 17 of the Statutory
Corporations (Liability of Directors) Act 1996, the
Minister may, when confirming a direction under that
section, extend the time for the direction to become
10 effective and notify the PTO of the extension.
4B. Minister to have access to information
(1) The Minister is entitled --
(a) to have information in the possession of the
PTO; and
15 (b) where the information is in or on a document,
to have, and make and retain copies of, that
document.
(2) For the purposes of subsection (1) the Minister may --
(a) request the PTO to furnish information to the
20 Minister;
(b) request the PTO to give the Minister access to
information;
(c) for the purposes of paragraph (b) make use of
the PTO's members of staff to obtain the
25 information and furnish it to the Minister.
(3) The PTO shall comply with a request under
subsection (2) and make its members of staff and
facilities available to the Minister for the purposes of
subsection (2)(c).
page 8
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 8
(4) The Minister is not entitled to have information under
this section in a form that --
(a) discloses the identity of a person for whom the
PTO is providing a service; or
5 (b) might enable the identity of any such person to
be ascertained,
unless that person has consented to the Minister's
having the information.
(5) In this section --
10 "document" includes any tape, disc or other device or
medium on which information is recorded or
stored;
"information" means information specified, or of a
description specified, by the Minister that relates
15 to the functions of the PTO.
5. Administration and planning
(1) The Minister and the PTO are to enter into a written
agreement in relation to the matters set out in
subsections (2) and (3) for each 12 month period (an
20 "agreement").
(2) An agreement may provide for any of the following --
(a) the funding of the PTO's operations;
(b) matters relating to keeping the Minister
reasonably informed of the operations, financial
25 performance and financial position of the PTO,
including the assets and liabilities, surpluses,
deficits and prospects of the PTO;
(c) matters relating to the Executive Director
notifying the Minister if the Executive Director
30 forms the opinion that the PTO is unable, or
likely to be unable, to satisfy any financial
page 9
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 8
obligation of the PTO from the financial
resources available or likely to be available to
the PTO at the time the financial obligation is
due;
5 (d) if the chief executive officer of the department
referred to in subsection (6) has been delegated
the power to enter into the agreement,
arrangements under section 6A(1) as to the use
of the services of officers or employees of the
10 department;
(e) such other matters as are agreed between the
Minister and the PTO.
(3) An agreement shall provide for --
(a) the Executive Director to submit, for the
15 Minister's approval, in respect of each financial
year a draft business plan to cover a forecast
period of not more than 5 years setting out --
(i) the PTO's medium to long term
economic and financial objectives;
20 (ii) the PTO's medium to long term
objectives in relation to the functions it
has to perform that are not in its
commercial interests to perform
("non-commercial functions");
25 (iii) operational targets; and
(iv) how those objectives and targets will be
achieved;
(b) the Executive Director to submit, for the
Minister's approval, in respect of each financial
30 year a draft annual operational plan to cover the
financial year setting out --
(i) an outline of the PTO's objectives;
page 10
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 8
(ii) business and service performance
targets and other measures by which to
judge performance in relation to
objectives for the financial year;
5 (iii) allocation of resources;
(iv) an outline of the nature and scope of the
functions to be performed during the
financial year;
(v) an estimate of income and expenditure
10 and source of funding during the
financial year;
(vi) the non-commercial functions to be
performed in the financial year;
(vii) the costings of, funding for, or other
15 arrangements to make adjustments
relating to, those non-commercial
functions; and
(viii) the ways in which, and the extent to
which, compensation will be made for
20 performing those non-commercial
functions;
(c) the matters that are to be considered by the
Executive Director in the preparation of a
business plan or an annual operational plan;
25 (d) the manner and form in which the Executive
Director shall prepare, submit, revise or modify
a business plan or an annual operational plan;
(e) the functions of the Executive Director and the
Minister in relation to the development,
30 approval or modification of a business plan or
an annual operational plan; and
(f) the operation of a business plan or an annual
operational plan.
page 11
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 8
(4) A provision in, or condition of, an agreement that
purports to exclude the operation of section 8(2) of the
Public Sector Management Act 1994 has no effect, but
without prejudice to other provisions or conditions of
5 the agreement.
(5) The Minister shall cause --
(a) within 14 days after an agreement is made the
text of the agreement to be laid before each
House of Parliament or dealt with under
10 section 53A; and
(b) the text of a business plan or an annual
operational plan in relation to the PTO that has
been approved by the Minister to be laid before
each House of Parliament within 14 days after
15 the plan is approved by the Minister or dealt
with under section 53A.
(6) The Minister may delegate the Minister's power under
subsection (1) to enter into an agreement to the chief
executive officer of the department of the Public Service
20 principally assisting the Minister in the administration of
the Court Security and Custodial Services Act 1999.
(7) The first agreement shall be effective on and from the
day on which the Acts Amendment (Public Trustee and
Trustee Companies) Act 2000 comes into operation.
25 (8) If an agreement (other than the first agreement) has not
been made in respect of a 12 month period then on the
commencement of that period the provisions of the
agreement for the previous 12 month period apply, to
the extent that the provisions are relevant, until an
30 agreement is made for the first-mentioned period.
(9) Nothing in this section or an agreement affects any
power of the Minister to give directions to the PTO.
(10) An agreement is not legally enforceable.
page 12
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 8
Part 3 -- Staff
6. Staff
(1) The power to engage and manage the staff of the PTO
is vested in the Executive Director.
5 (2) The power conferred by subsection (1) does not
preclude the delegation of any matter under section 3C.
(3) The remuneration of and other terms and conditions of
employment of staff are not to be less favourable than
is provided for in --
10 (a) an applicable industrial award, order or
agreement; or
(b) the Minimum Conditions of Employment
Act 1993.
(4) Nothing in this section affects the operation of the
15 Workplace Agreements Act 1993 or section 100 of the
Public Sector Management Act 1994.
(5) Nothing in this Act or in an agreement, a business plan
or an annual operational plan under section 5 affects
the PTO's obligations to comply with whole of
20 government policies relating to industrial relations and
human resource management that apply generally to
public sector bodies within the meaning of the Public
Sector Management Act 1994.
6A. Use of other government staff, etc.
25 (1) The PTO may by arrangement with the relevant
employer make use, either full-time or part-time, of the
services of any officer or employee --
(a) in the Public Service;
(b) in a State agency or instrumentality; or
30 (c) otherwise in the service of the Crown in right of
the State.
page 13
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 9
(2) The PTO may by arrangement with --
(a) a department of the Public Service; or
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
5 instrumentality.
(3) An arrangement under subsection (1) or (2) shall be
made on such terms as are agreed to by the parties.
".
9. Part II heading and Division (1) heading replaced
10 The headings to Part II and Division (1) of Part II are deleted
and the following headings are inserted instead --
"
Part 4 -- Functions of Public Trust Office
Division 1 -- General
15 ".
10. Heading to Part II Division (2) replaced
The heading to Part II Division (2) is deleted and the following
heading is inserted instead --
"
20 Division 2 -- Public Trust Office as executor
or administrator
".
11. Section 9 amended
The second sentence of section 9 is deleted.
25 12. Section 12 amended
Section 12(8) is amended by deleting ", idiot, or lunatic,".
page 14
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 13
13. Section 12A inserted
After section 12 the following section is inserted --
"
12A. PTO's powers on appointment as agent of executor,
5 administrator, etc.
In addition to the PTO's powers under section 12, if --
(a) a person who is an executor or administrator
appoints the PTO as the person's agent to act as
executor or administrator in the place of the
10 person;
(b) a person who may be entitled to apply for a
grant of probate appoints the PTO as the
person's agent to apply for a grant of probate;
(c) a person who may be entitled to obtain
15 administration (with the will of a testator
annexed) of the testator's estate appoints the
PTO as the person's agent to apply for an order
to administer the estate; or
(d) a person who is referred to in section 25 of the
20 Administration Act 1903 as a person who may
be granted administration of an estate of a
person dying intestate appoints the PTO as the
person's agent to apply for an order to
administer the estate,
25 the PTO, if so appointed by power of attorney or other
instrument of appointment, may act within the scope of
the authority conferred on the PTO as effectually as the
person could have acted and may exercise all
discretionary and other powers delegated by the
30 principal as fully as the principal could have exercised
them.
".
page 15
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 14
14. Section 14 amended
(1) Section 14(1) is amended by deleting "$10 000" and inserting
instead --
" the prescribed amount ".
5 (2) Section 14(4) is amended by deleting "the sum of $10 000" and
inserting instead --
" the prescribed amount ".
(3) Section 14(4) is amended by deleting "under his hand".
(4) Section 14(5) is amended by deleting "under his hand".
10 (5) After section 14(5) the following subsection is inserted --
"
(6) In this section --
"prescribed amount" means the amount prescribed
for the purposes of section 10 of the Trustee
15 Companies Act 1987 for the relevant time.
".
15. Section 15 repealed
Section 15 is repealed.
16. Section 18 amended
20 Section 18 is amended by deleting "Public Trustee is under
$1 000, he" and inserting instead --
" PTO is under $5 000, the PTO ".
17. Heading to Part II Division (3) replaced
The heading to Part II Division (3) is deleted and the following
25 heading is inserted instead --
" Division 3 -- Public Trust Office as trustee ".
page 16
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 18
18. Section 22A inserted
After section 22 the following section is inserted --
"
22A. PTO's powers on appointment as trustee's agent
5 If a person who is a trustee appoints the PTO as the
person's agent to act as trustee in the place of the person
the PTO, if so appointed by power of attorney or other
instrument of appointment, may act within the scope of
the authority conferred on the PTO as effectually as the
10 person could have acted and may exercise all
discretionary and other powers delegated by the principal
as fully as the principal could have exercised them.
".
19. Section 23 amended
15 (1) Section 23(1) is amended by deleting "himself " and inserting
instead --
" itself ".
(2) Section 23(2) is repealed and the following subsection is
inserted instead --
20 "
(2) In particular, but without limiting the generality of
subsection (1), where the PTO holds moneys belonging
to more than one estate, as trustee for the investment of
those moneys, sections 39F, 39G, 39H and 39I apply in
25 relation to the investment of those moneys as if the
moneys were standing to the credit of a common fund.
".
20. Heading to Part II Division (4) replaced
The heading to Part II Division (4) is deleted and the following
30 heading is inserted instead --
" Division 4 -- Estates of represented persons ".
page 17
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 21
21. Section 33 amended
Section 33 is amended by deleting ", as unclaimed moneys, to
be dealt with in accordance with the provisions of the
Unclaimed Moneys Act 1912" and inserting instead --
5 " and dealt with under the Unclaimed Money Act 1990 ".
22. Heading to Part II Division (5) replaced
The heading to Part II Division (5) is deleted and the following
heading is inserted instead --
"
10 Division 5 -- Functions of Public Trust Office as to
moneys subject to court and other orders
".
23. Section 37 amended
(1) Section 37(3)(a) is deleted and the following paragraph is
15 inserted instead --
"
(a) All moneys ordered under the Workers'
Compensation and Rehabilitation Act 1981 to
be invested by the PTO, shall be paid to the
20 PTO, and the receipt by the PTO, or of any one
authorised by it, of those moneys is a complete
discharge to all persons concerned.
".
(2) Section 37(4) is amended by deleting "hand and seal of the
25 Public Trustee" and inserting instead --
" seal of the PTO ".
page 18
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 24
24. Heading to Part II Division (6) replaced
The heading to Part II Division (6) is deleted and the following
heading is inserted instead --
"
5 Division 6 -- Functions of Public Trust Office as to
uncared for property
".
25. Part II Division 7 inserted
After section 37A the following Division is inserted in Part II --
10 "
Division 7 -- Approved services
37B. Definitions
In this Division --
"approved service" means a service that has been
15 approved under section 37C;
"client" means --
(a) a beneficiary of the estate of a deceased
person which is administered by the PTO;
(b) the donor of a power of attorney under which
20 the PTO is the donee;
(c) a person who appoints the PTO to be the
executor of the person's will;
(d) a person on whose behalf moneys are
invested in a common fund;
25 (e) a beneficiary of a trust administered by the
PTO;
(f) a person who has appointed the PTO to act
as the person's agent; or
(g) a member of a prescribed class of persons;
page 19
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 25
"investment management services" includes any of
the following --
(a) assisting clients to ascertain their investment
objectives, financial situations, risk profiles
5 and particular investment needs;
(b) setting investment policies and objectives for
clients;
(c) holding money for investment on behalf of
clients;
10 (d) engaging and retaining suitably qualified
financial planners or investment managers
for clients;
(e) subscribing to, buying or selling securities
and other investments, or accepting new
15 issue entitlements, on behalf of clients;
(f) collecting interest, dividends and other
income on behalf of clients;
(g) reviewing clients' investment portfolios from
time to time;
20 (h) providing accounting information to clients on
a regular basis in relation to their investments.
37C. Approval of services that PTO may provide to
clients
(1) The Minister, with the Treasurer's concurrence, may
25 approve one or more of the following services for
provision by the PTO to clients --
(a) conveyancing and property settlement services;
(b) financial planning services;
(c) taxation services including the preparation and
30 lodging of returns for the purpose of, or in
connection with, assessments of any duties or
taxes;
page 20
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 25
(d) investment management services in relation to
investments other than those in a common fund.
(2) Before granting an approval the Minister may require
the PTO to provide such information, business plans,
5 budgets, forecasts and other details as the Minister or
the Treasurer considers necessary to enable a full
assessment of the proposed service to be undertaken.
(3) An approval may be of general application or specific
to a particular class or classes of service or client.
10 (4) In granting an approval the Minister may attach such
conditions to the approval as the Minister sees fit.
(5) If the Minister grants an approval the Minister shall
within 14 days after the approval is granted cause a
report setting out the approved service to be laid before
15 each House of Parliament or dealt with under
section 53A.
(6) An approval cannot be granted in respect of the
provision to a client of a service referred to in
subsection (1) if a fee for the provision of the service to
20 the client is set out in the current scale of fees
determined under section 39A.
37D. Provision of approved services to clients
(1) The Public Trustee may provide to a client an approved
service and shall ensure that the provision of an
25 approved service is in accordance with the conditions,
if any, attached by the Minister.
(2) An approval given under section 37C is sufficient
authority for the doing of such things as are necessary
for the provision of the approved service to a client.
page 21
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 26
(3) The PTO is entitled to charge and receive fees and
remuneration and recover disbursements for the
provision of approved services to clients.
(4) The PTO may continue to provide an approved service
5 to a person who was a client even though the person is
no longer a client.
(5) Nothing in this Division shall be read as limiting any
power that the PTO otherwise has, whether under this
Act or any other written law, a court order or an
10 authorisation in an instrument, to invest property other
than by way of investment in a common fund.
".
26. Part III amended
The heading to Part III is deleted and sections 38, 39, 40 and
15 40A are repealed and the following is inserted instead --
"
Part 5 -- Financial provisions
Division 1 -- Financial provisions relating to
administration of Public Trust Office
20 38. Funds of PTO
The funds available for the purpose of enabling the
PTO to perform its functions consist of --
(a) moneys from time to time appropriated by
Parliament;
25 (b) moneys received by the PTO in the
performance of its functions;
(c) income derived from the investment of moneys
forming part of the Account referred to in
section 38A; and
30 (d) other moneys lawfully received by, made
available to, or payable to, the PTO.
page 22
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 26
38A. Public Trust Office Account
(1) The funds referred to in section 38 are to be credited to
an account to be called the "Public Trust Office
Account" --
5 (a) at the Treasury; or
(b) with the approval of the Treasurer, at a bank,
and if paragraph (a) applies that Account shall form
part of the Trust Fund constituted under section 9 of
the Financial Administration and Audit Act 1985.
10 (2) The Account shall be charged with --
(a) the salaries and allowances payable to the staff
engaged under section 6; and
(b) all other expenditure lawfully incurred by the
PTO in the performance of its functions.
15 38B. Investment
Unless section 38A(1)(a) applies, any funds of the PTO
that are not immediately required for the purposes of
performing the functions of the PTO may, if approved
by the Treasurer, be invested in any manner that
20 moneys in the Public Bank Account may be invested
under the Financial Administration and Audit
Act 1985.
38C. Application of Financial Administration and Audit
Act 1985
25 The provisions of the Financial Administration and
Audit Act 1985 regulating the financial administration,
audit and reporting of statutory authorities apply to and
in respect of the PTO and the PTO's operations.
page 23
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 26
Division 2 -- Financial provisions relating to functions
of Public Trust Office
39. Definition
In this Division --
5 "fees" includes commissions and other charges.
39A. Scale of fees
(1) The PTO shall from time to time determine a scale of
fees, not exceeding any limit set by the Minister, for a
function performed, or a service provided, by the PTO
10 under this Act or any other written law except --
(a) an approved service as defined in section 37B;
or
(b) the preparation of a will or an enduring power
of attorney.
15 (2) A scale of fees has no effect unless it is published in
the Gazette.
(3) The PTO shall ensure that the first scale of fees is
effective on and from the day on which the Acts
Amendment (Public Trustee and Trustee Companies)
20 Act 2000 comes into operation.
(4) A scale of fees may provide for any of the following --
(a) different rates of fees that may be charged in
respect of different classes of estate and the
time and manner of charging such fees;
25 (b) the charging of fees in respect of capital or
income;
(c) a rate of fee for the PTO's services in relation
to the management of an investment in a
common fund that has been determined by the
30 PTO having regard to the percentage charged
page 24
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 26
by similar bodies as management fees for
similar investments in similar funds;
(d) the time and manner in which fees may be paid
or deducted out of an estate.
5 39B. PTO's entitlements to fees and disbursements
(1) The PTO is entitled to charge a fee as remuneration for
performing a function or providing a service under this
Act or any other written law.
(2) The fee charged for the performance of a function or
10 the provision of a service shall not exceed the fee in
respect of the function or service that is set out in the
scale of fees determined under section 39A and having
effect at the time the function is performed or the
service is provided.
15 (3) This section does not apply to the remuneration of the
PTO for providing --
(a) an approved service as defined in section 37B;
or
(b) the preparation of a will or an enduring power
20 of attorney.
(4) Nothing in this Division prevents, limits or affects --
(a) the payment of any fees that a testator in his or
her will has directed to be paid; or
(b) the payment of any fees that have been agreed
25 on between the PTO and the interested parties,
either in addition to or instead of the fees provided for
by this Division.
(5) Nothing in this Division prevents, limits or affects the
reimbursement to the PTO of all disbursements
30 properly made by the PTO in the performance of a
function or the provision of a service.
page 25
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 26
39C. Payment of fees from estates
A fee which the PTO is entitled to receive in respect of
an estate --
(a) is payable out of the capital or income of the
5 estate, as determined by the PTO; and
(b) shall be paid or deducted out of the estate at the
time and in the manner provided for in the scale
of fees determined under section 39A and
having effect at the time the relevant function is
10 performed or the relevant service is provided.
39D. Establishment of common funds
(1) The PTO may establish and keep separately one or
more accounts to be called a "common fund".
(2) Each common fund --
15 (a) forms part of the Trust Fund constituted under
section 9 of the Financial Administration and
Audit Act 1985; and
(b) shall have a distinguishing name or number.
39E. Power to invest moneys in common funds
20 (1) The PTO may invest in a common fund moneys held
by the PTO in the course of administering, holding,
managing or controlling an estate in any capacity
whatsoever and properly available for investment.
(2) Nothing in subsection (1) authorises the investment in
25 a common fund of moneys if investment of the moneys
in a common fund is contrary to the terms or conditions
of the instrument of appointment, the instrument
creating the trust or any other instrument or order
affecting the holding of the moneys by the PTO.
page 26
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 26
39F. Power to invest, and restrictions on investment of,
common fund moneys
(1) The PTO may invest the moneys standing to the credit
of a common fund but only --
5 (a) as trust funds may be invested under Part III of
the Trustees Act 1962; and
(b) in a form of investment that is, or is of a kind
that is, approved by the Treasurer.
(2) If the PTO invests moneys standing to the credit of a
10 common fund in a form of investment referred to in
subsection (1)(b), the PTO shall ensure that the
investment of those moneys is entered into in
accordance with --
(a) any relevant Treasurer's guidelines; and
15 (b) the broad investment strategy referred to in
section 39J.
39G. How common fund moneys are to be invested,
distributed etc.
(1) Investments made from moneys standing to the credit
20 of a common fund shall not be made in the name or on
account of, and shall not belong to, any particular
estate but are to be held by the PTO proportionately
having regard to the proportion which the amount
invested in relation to each estate bears to the total
25 amount invested in the fund in relation to all
participating estates.
(2) At least once every 3 months, the PTO shall distribute
to the separate account of each estate participating in a
common fund, in accordance with its proportional
30 interests determined under subsection (1), the amount
of any increase or decrease in the value of the
page 27
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 26
investments held by the fund as determined either by
independent valuation or estimated by the PTO.
(3) The PTO shall deal with income earned by the PTO in
respect of the investment of a common fund in the
5 same manner as an investment in the fund is dealt with
and the PTO shall ensure that appropriate records are
made in the register of investments and the separate
account maintained under section 39I(1) for each
participating estate.
10 (4) The entitlement of each participating estate to income
earned by the PTO in respect of the investment of a
common fund shall be calculated on a daily basis from
the date of participation to the date of withdrawal.
(5) The PTO may at any time withdraw from a common
15 fund any amount standing to the credit of an estate in
that fund and shall debit the separate account
maintained by the PTO under section 39I accordingly.
(6) The amount standing to the credit of an estate in a
common fund shall be determined for the purposes of
20 withdrawal having regard to distributions made under
subsection (2) and to that estate's entitlement to
income calculated on a daily basis.
39H. Derivative powers in relation to common funds
(1) In this section --
25 "derivative powers" means the powers conferred by
subsection (2).
(2) Subject to subsections (3) and (4) and with the
approval of the Treasurer, the PTO may, in the
administration of a common fund, enter into an
30 agreement or arrangement to effect any of the
following transactions --
(a) a forward interest rate agreement;
page 28
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 26
(b) an interest rate swap;
(c) a forward interest rate swap;
(d) an interest rate cap, an interest rate collar or an
interest rate floor;
5 (e) an option for interest rate management purposes;
(f) any transaction which is a combination of 2 or
more transactions permitted under this
subsection.
(3) The PTO may only exercise the derivative powers
10 either in accordance with section 39F or --
(a) for the purpose of hedging or managing
exposure arising out of the risk of adverse
variations --
(i) in the costs of the borrowing or raising
15 of money by the PTO; or
(ii) in the revenue obtainable by the PTO
from investments made or financial
accommodation provided by the PTO,
and not for any speculative purpose; and
20 (b) if the powers are exercised under paragraph (a),
in compliance with --
(i) the equitable and other duties of the
PTO as a trustee under the law of
Western Australia; and
25 (ii) a credit policy formulated and, if
applicable, varied by the PTO under
subsection (4).
(4) The PTO --
(a) shall formulate a prudent credit policy setting
30 out the manner in which, and the controls
subject to which, the derivative powers will be
exercised and comply with that credit policy;
page 29
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 26
(b) shall ensure that the exercise of the derivative
powers, and the compliance by the PTO with
the credit policy formulated under this
subsection, are monitored on a daily basis;
5 (c) may from time to time vary a credit policy
formulated under this subsection; and
(d) shall ensure that a credit policy formulated or
varied under this subsection is not inconsistent
with any relevant Treasurer's guidelines
10 referred to in section 39F(2).
39I. Records as to common funds
(1) The PTO shall keep a separate account for each estate
participating in a common fund, containing a record of
the amount and date of each investment made in the
15 fund in relation to the estate and the current value of
the interest of the estate calculated in accordance with
section 39G(2).
(2) The PTO shall maintain a register of investments in
respect of each common fund and record in that
20 register --
(a) a description sufficient to identify every
investment made by the fund and details of
moneys held to the credit of the fund; and
(b) the value, determined either by independent
25 valuation or estimated by the PTO at least once
in every 3 months, of every investment held by
the fund.
39J. Investment strategy for common funds
(1) The PTO shall formulate and give effect to a broad
30 investment strategy for the investment of a common
fund.
page 30
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 26
(2) In formulating its investment strategy and in making
investment decisions the PTO shall endeavour to
optimise returns having regard to the matters referred
to in section 20(1) of the Trustees Act 1962.
5 (3) The PTO shall review --
(a) its broad investment strategy; and
(b) the management and performance of its
investments,
from time to time in accordance with any relevant
10 Treasurer's guidelines.
(4) The PTO shall provide to the Treasurer a copy of each
review referred to in subsection (3).
39K. Power to enter into portfolio management contracts
as to common fund investments
15 (1) The PTO may enter into any contract or arrangement
with any person approved by the Treasurer for the
management by that person of a class or classes of
investment forming part of a common fund.
(2) The terms and duration of a proposed contract or
20 arrangement under subsection (1) shall be approved by
the Treasurer before the contract or arrangement is
entered into.
(3) Subject to any relevant Treasurer's guidelines and in
accordance with section 3C, the PTO may delegate to a
25 person referred to in subsection (1) all or any of the
PTO's functions under section 39F with respect to all
or part of a common fund.
40. Power to lease or sell purchased land
(1) In this section --
30 "purchased land" means the land described in the
Sixth Schedule that was purchased by the Public
Trustee pursuant to repealed section 40(2a);
page 31
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 26
"repealed section 40(2a)" means section 40(2a) of this
Act immediately before the commencement of the
Acts Amendment (Public Trustee and Trustee
Companies) Act 2000;
5 "saved Common Fund" means the common fund
referred to in section 61 of the Acts Amendment
(Public Trustee and Trustee Companies) Act 2000;
"unused portion" means so much of the purchased land
as, on the day that the Public Trustee Amendment
10 Act 1982 came into operation, was not used for the
purposes referred to in repealed section 40(2a).
(2) The PTO may lease --
(a) portions of the building referred to in repealed
section 40(2a); or
15 (b) the unused portion,
to any person approved of by the Minister on such
terms and conditions as the Minister approves.
(3) The PTO, with the approval of the Minister and the
Treasurer, may sell the purchased land or portions of
20 the purchased land at such price, at such time and on
such terms and conditions as the PTO considers to be
prudent.
(4) The proceeds of the sale of the purchased land are to be
credited to the saved Common Fund.
25 (5) If the proceeds of the sale of the purchased land are less
than the book value of the purchased land set out in the
PTO's accounts then the extent of the loss shall be
credited to the saved Common Fund from the amount of
reserve moneys agreed under section 60(1)(a) of the Acts
30 Amendment (Public Trustee and Trustee Companies)
Act 2000 or determined under section 60(2) of that Act.
".
page 32
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 27
27. Section 41 amended
(1) Section 41(1) is amended by deleting "the Common Fund" in
both places where it occurs and inserting instead --
" a common fund ".
5 (2) Section 41(2) is amended by inserting after "at such" --
" commercial ".
28. Section 42 repealed
Section 42 is repealed.
29. Section 43 repealed
10 Section 43 is repealed.
30. Section 44 amended
(1) Section 44(1) is amended by deleting "the Common Fund" and
inserting instead --
" a common fund ".
15 (2) Section 44(5) is amended by deleting "Common Fund" and
inserting instead --
" common fund from which the moneys were advanced ".
(3) Section 44(6) is amended by deleting "hand and seal of the
Public Trustee" and inserting instead --
20 " seal of the PTO ".
31. Section 45 amended
Section 45(2) is amended by deleting "Treasury" and inserting
instead --
" Consolidated Fund ".
page 33
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 32
32. Section 46 repealed
Section 46 is repealed.
33. Section 47 amended
Section 47(1) is amended by deleting "The Public Trustee" and
5 inserting instead --
"
In addition to the requirements of section 39I(1), the
PTO
".
10 34. Section 48 replaced
Section 48 is repealed and the following sections are inserted
instead --
"
48. Fees for preparation of wills and enduring powers
15 of attorney
(1) Despite anything to the contrary in the Legal
Practitioners Act 1893, the PTO may charge a fee and
recover disbursements for the preparation of a will or
an enduring power of attorney.
20 (2) Subsection (1) applies only if the will or enduring
power of attorney is prepared under the direction and
control of a certificated practitioner within the meaning
of the Legal Practitioners Act 1893.
48A. Treasurer's approvals and guidelines
25 (1) The following shall be in writing but may otherwise be
given when and how the Treasurer determines --
(a) an approval given by the Treasurer under
section 38A(1)(b), 38B, 39F(1), 39H(2) or
39K(1) or (2);
30 (b) the concurrence of the Treasurer under
section 37C(1).
page 34
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 35
(2) The Treasurer may issue written guidelines to be
followed by the PTO for the purposes of
section 39F(2), 39J(3) or 39K(3) and may, in writing,
amend or revoke those guidelines.
5 (3) Guidelines issued under subsection (2) are not
subsidiary legislation for the purposes of the
Interpretation Act 1984.
(4) If there is any inconsistency between guidelines issued
under subsection (2) and a direction given under
10 section 4(2), the guidelines are to prevail.
(5) If the Treasurer issues, amends or revokes a guideline
for the purposes of section 39F(2), 39J(3) or 39K(3)
the text of the guideline, amendment or revocation
shall be included in the annual report submitted by the
15 accountable authority of the PTO under section 66 of
the Financial Administration and Audit Act 1985.
".
35. Part IV heading replaced
The heading to Part IV is deleted and the following heading is
20 inserted instead --
" Part 6 -- Miscellaneous ".
36. Section 49 amended
(1) Section 49(1)(ea) is amended by deleting "subject to
subsections (2a) and (2b),".
25 (2) Section 49(1)(n) is amended by deleting "his wife or any child,
parent or other person dependent on him, and for the education of
his children, as to the Public Trustee" and inserting instead --
"
the person's spouse or any child, parent or other
30 person dependent on the person, and for the
education of the person or the person's
children, as to the PTO
".
page 35
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 37
(3) Section 49(1)(r) is amended by deleting "himself ".
(4) Section 49(2) is amended by deleting ", the Public Trustee" and
inserting instead --
"
5 or performing a function referred to in clause 1(1) of
Schedule 5 to the Guardianship and Administration
Act 1990, the PTO
".
(5) Section 49(2a), (2b) and (2c) are repealed.
10 37. Section 52 replaced
Section 52 is repealed and the following section is inserted
instead --
"
52. Public Trustee may sue itself in different capacities
15 (1) Despite any rule of law or practice to the contrary, the
PTO, acting in one capacity, may commence
proceedings in the PTO's corporate name against itself
acting in another capacity.
(2) In every case referred to in subsection (1) the PTO
20 shall obtain the directions of the Court as to how the
opposing interests are to be represented.
".
38. Section 53 replaced
Section 53 is repealed and the following sections are inserted
25 instead --
"
53. Execution of documents by Public Trust Office
(1) The PTO shall have a common seal.
(2) A document is duly executed by the PTO if --
30 (a) the common seal of the PTO is affixed to it in
accordance with subsections (3) and (4); or
page 36
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 38
(b) it is signed on behalf of the PTO by a person or
persons authorised to do so under
subsection (5).
(3) The common seal of the PTO shall not be affixed to
5 any document except as authorised by the PTO.
(4) The common seal of the PTO shall be affixed to a
document in the presence of the Executive Director
who shall sign the document to attest that the common
seal was so affixed.
10 (5) The PTO may, by writing under its seal, authorise the
Executive Director or a member or members of staff to
sign documents on behalf of the PTO, either generally
or subject to such conditions or restrictions as are
specified in the authorisation.
15 (6) A document purporting to be executed in accordance
with this section shall be presumed to be duly executed
until the contrary is shown.
(7) A document executed by a person under this section
without the common seal of the PTO shall not be
20 regarded as a deed unless the person executes it as a
deed and is authorised under subsection (5) to do so.
(8) When a document is produced bearing a seal
purporting to be the common seal of the PTO, it shall
be presumed that the seal is the common seal of the
25 PTO until the contrary is shown.
53A. Supplementary provision about laying documents
before Parliament
(1) If --
(a) at the commencement of the period referred to
30 in section 4(3), 5(5) or 37C(5) in respect of a
document a House of Parliament is not sitting;
and
page 37
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 39
(b) the Minister is of the opinion that that House
will not sit during that period,
the Minister shall transmit a copy of the document to
the Clerk of that House.
5 (2) A copy of a document transmitted to the Clerk of a
House shall be regarded --
(a) as having been laid before that House; and
(b) as being a document published by order or
under the authority of that House.
10 (3) The laying of a copy of a document that is regarded as
having occurred under subsection (2)(a) shall be
recorded in the Minutes, or Votes and Proceedings, of
the House on the first sitting day of the House after the
Clerk received the copy.
15 ".
39. Section 54 amended
(1) Section 54(1) is amended by deleting "will in the Office of the
Public Trustee" and inserting instead --
" or her will with the PTO ".
20 (2) Section 54(2) is amended by deleting "custody or control any
testamentary paper of any insane patient, insane person, or
represented person, may deposit the same in the Office of the
Public Trustee upon oath, as he" and inserting instead --
"
25 or her custody or control any testamentary paper of any
insane person, or represented person, may deposit the
same with the PTO upon oath, as the PTO
".
page 38
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 40
40. Section 55 amended
Section 55(2) is amended by deleting "Public Trustee may
institute such inquiries as he thinks proper, and may, by
summons under his hand, require any person to appear before
5 him and answer all questions that he" and inserting instead --
"
PTO may make such inquiries as it considers to be
required, and may issue a summons to require a person
to appear before the Executive Director and answer all
10 questions that the Executive Director
".
41. Section 56 amended
Section 56(2) is amended by deleting "Public Trustee in his
corporate capacity" and inserting instead --
15 " PTO ".
42. Section 59 amended
Section 59 is amended by deleting "hand of the Public Trustee,
and sealed with his seal, certifying the nature of his" and
inserting instead --
20 " seal of the PTO certifying the nature of the PTO's ".
43. Section 60 amended
Section 60 is amended by deleting "his office" and inserting
instead --
" the PTO ".
25 44. Section 62 amended
Section 62 is amended by deleting "Public Trustee" and
inserting instead --
" PTO in relation to a deceased person's estate ".
page 39
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 2 Substantive amendments
s. 45
45. Section 64 amended
(1) Section 64 is amended by inserting before "The Governor" the
subsection designation (1).
(2) At the end of section 64 the following subsection is inserted --
5 "
(2) Section 45(1) and (2) of the Interpretation Act 1984
apply in respect of fees, commissions and charges
prescribed under this Act despite sections 3(3) and
45(3) of that Act.
10 ".
46. Section 66 inserted
After section 65 the following section is inserted --
"
66. Non-prescribed fees
15 (1) The PTO, in determining a fee (including
remuneration) that may be charged under this Act other
than by way of regulations, may provide for all or any
of the following matters --
(a) specific fees;
20 (b) maximum or minimum fees;
(c) maximum and minimum fees;
(d) fees in proportion to the estimated value of the
functions to be performed or the services to be
provided;
25 (e) the payment of fees either generally or under
specified conditions or in specified
circumstances;
(f) the reduction, waiver or refund, in whole or in
part, of such fees.
page 40
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Substantive amendments Division 2
s. 47
(2) Where any reduction, waiver or refund, in whole or
part, of any fee is provided for by the PTO such
reduction, waiver or refund may be expressed to apply
or be applicable either generally or specifically --
5 (a) in respect of certain matters or transactions or
classes of matter or transaction;
(b) in respect of certain documents or classes of
document;
(c) when any event happens or ceases to happen;
10 (d) in respect of certain persons or classes of
person; or
(e) in respect of any combination of such matters,
transactions, documents, events or persons,
and may be expressed to apply or to be applicable
15 subject to such conditions as may be specified by the
PTO or in the discretion of any other person specified
by the PTO.
".
47. First Schedule repealed
20 The First Schedule is repealed.
48. Sixth Schedule amended
(1) The Sixth Schedule is amended in the shoulder clause by
deleting "40A(1)" and inserting instead --
" 40(1) ".
25 (2) The Sixth Schedule is amended by deleting "Volume 541
Folio28A" and inserting instead --
" Volume 1845 Folio 320 ".
page 41
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 3 Minor amendments to make gender of persons referred to in
the Act non-specific and as to corporate name
s. 49
Division 3 -- Minor amendments to make gender of persons
referred to in the Act non-specific and as to corporate name
49. "He" amended to "the PTO"
(1) The provisions set out in the Table to this subsection are
5 amended by deleting "he" and inserting instead --
" the PTO ".
Table
10(3) 45(1)
10(4) 49(1)(b)
10(6) (in both places) 49(1)(j)
14(1) 49(1)(o)
14(3) (in both places) 49(1)(p) (in both places)
21(4) (in both places) 49(1)(r)
24 49(3)
29(1) 55(1)
31(2) 56(1) (in the 2nd paragraph)
37(2) 60 (in both places)
44(2) (in both places) 63
44(3)
(2) Sections 10(6) and 14(3) are amended by deleting "He" and
inserting instead --
10 " The PTO ".
50. "He" amended to refer to various other persons
(1) Section 12(4) is amended by deleting "he" and inserting
instead --
" the executor or administrator ".
15 (2) Sections 12(7) and 37A(5) are amended by deleting "it or he"
and inserting instead --
" the Court or Judge ".
page 42
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Minor amendments to make gender of persons referred to in Division 3
the Act non-specific and as to corporate name
s. 50
(3) Section 22(2)(a) is amended by deleting "he" and inserting
instead --
" the custodian trustee ".
(4) Section 22(2)(d) is amended by deleting "he" in both places
5 where it occurs and inserting instead --
" the custodian trustee ".
(5) Section 22(2)(g) is amended by inserting after "he" --
" or she ".
(6) Section 27(2) is amended by deleting "he" and inserting
10 instead --
" the Judge ".
(7) Section 28(3) is amended by deleting "he" and inserting
instead --
" the owner ".
15 (8) Section 31(1)(a) is amended by deleting "he" and inserting
instead --
" the officer ".
(9) Section 31(1)(b) is amended by deleting "he" in both places
where it occurs and inserting instead --
20 " the person ".
(10) Section 55(6) is amended by deleting "he" and inserting
instead --
" the person ".
(11) Section 56(1) is amended by deleting "he" in the first place
25 where it occurs and inserting instead --
" the person ".
page 43
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 3 Minor amendments to make gender of persons referred to in
the Act non-specific and as to corporate name
s. 51
(12) Section 58 is amended by deleting "he" in both places where it
occurs and inserting instead --
" the Judge ".
51. "Him" amended to "the PTO"
5 The provisions set out in the Table to this section are amended
by deleting "him" and inserting instead --
" the PTO ".
Table
10(5) 44(1)
13(2) 44(2)
13(3) 44(3)
14(1) 45(1)
14(2) 47(1)
31(1) 47(3)
31(2) (in the first place) 55(1)
32 56(1)
37(2) 58 (in the first and second
37A(2) places)
37A(3) (in both places) 61(2) (in both places)
41(1) 64(i)
52. "Him" amended to refer to various other persons
10 (1) Section 22(2)(d) is amended by deleting "him" and inserting
instead --
" the custodian trustee ".
(2) Section 31(2) is amended by deleting "him" in the second place
where it occurs and inserting instead --
15 " that person ".
(3) Section 47(2)(b) is amended by deleting "him" and inserting
instead --
" the applicant ".
page 44
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Minor amendments to make gender of persons referred to in Division 3
the Act non-specific and as to corporate name
s. 53
(4) Section 55(4) and 55(6) are amended by inserting after
"him" --
" or her ".
(5) Section 58 is amended by deleting "him" in the third place
5 where it occurs and inserting instead --
" the Judge ".
(6) Section 58 is amended by deleting "him" in the fourth place
where it occurs and inserting instead --
" that person ".
10 53. "His" amended to "the PTO's"
The provisions set out in the Table to this section are amended
by deleting "his" and inserting instead --
" the PTO's ".
Table
13(2) 49(1)(h)
14(5) (in the second place) 49(1)(l)
29(4) (in the third place) 50(1) (in the first place)
31(2) 51
37A(2) 56(1) (in both places)
47(1) 58 (in the first place)
47(3) 60 (in the first place)
49(1)
15 54. "His" amended to refer to various other persons
(1) The provisions set out in the Table to this subsection are
amended by deleting "his" and inserting instead --
" the person's ".
page 45
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 3 Minor amendments to make gender of persons referred to in
the Act non-specific and as to corporate name
s. 54
Table
9 31(1) (in the first place)
10(1)(a) 44(3)
16(1)(a) 55(6) (in both places)
(2) Section 10(1)(ab) is amended by deleting "his estate" and
inserting instead --
" the deceased person's estate ".
5 (3) Sections 16(2)(a) is amended by inserting after "his" --
" or her ".
(4) Section 27(1) is amended by deleting "his" and inserting
instead --
" the Judge's ".
10 (5) Section 29(1)(b) is amended by deleting "his" and inserting
instead --
" the represented person's ".
(6) Section 29(2) is amended by deleting "his" in both places where
it occurs and inserting instead --
15 " the represented person's ".
(7) Section 29(4) is amended by deleting "his" in the first and
second places where it occurs and inserting instead --
" the represented person's ".
(8) Section 31(1) is amended by deleting "his" in the second place
20 where it occurs and inserting instead --
" the officer's ".
(9) Section 47(2)(a), (b) and (c) are amended by deleting "his" and
inserting instead --
" the applicant's ".
page 46
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Minor amendments to make gender of persons referred to in Division 3
the Act non-specific and as to corporate name
s. 55
(10) Section 50(1) (in the second place) and (2) is amended by
deleting "his" and inserting instead --
" the officer's ".
(11) Section 58 is amended by inserting after "his" in the second and
5 third places where it occurs --
" or her ".
55. "Public Trustee" amended to "PTO"
The provisions set out in the Table to this section are amended
by deleting "Public Trustee" and inserting instead --
10 " PTO ".
Table
2 (in the definition of 13(1) (in each place)
"estate") 13(2) (in both places)
2 (in the definition of 13(3) (in both places)
"represented person") 14(1) (in both places)
3(1)(b), (c), (d)(i) and (ii), 14(2)
(e), (f) and (h) 14(4)
7(1) 14(5) (in each place)
7(2) 16(1)(a) (in both places)
8 (in both places) 16(1)(b) (in each place)
9 (in the first place) 16(2)(a) (in both places)
10(1) (in both places) 16(3) (in the second place)
10(2) 17 (in both places)
10(3) (in each place) 20
10(4) (in both places) 21(1)
10(5) 21(3)
11 21(4) (in each place)
12(1) 21(5) (in each place)
12(2) 21(6)
12(3) 21(7)
12(4) (in both places) 22(1)
12(5) 23(1)
12(6) 24
12(8) (in both places) 27(1)
page 47
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 4 Savings and transitional provisions
s. 56
28(3) (in each place) 49(1)
29(1) 49(1)(d)
29(2) 49(1)(e)
29(4) 49(3) (in both places)
31(1) (in each place) 49(4)
31(2) 50(1) (in both places)
32 (in both places) 50(2) (in both places)
33 (in both places) 51 (in both places)
37(1) 54(3) (in both places)
37(2) 55(1)
37(3)(b) 55(3)
37(3)(c) (in both places) 55(6) (in both places)
37A(1) (in both places) 55(7)
37A(2) 56(1) (in each place)
37A(3) (in both places) 57
37A(4) 58 (in each place)
37A(6) (in both places) 60
41(1) 61(1) (in both places)
44(1) 61(2) (in both places)
44(3) 63
44(4) 64(f)
45(1) (in each place) 64(g)
45(2) (in both places) 64(h)
47(2) (in each place) 64(i) (in both places)
47(3)
Division 4 -- Savings and transitional provisions
56. Definitions
(1) In this Division --
"commencement day" means the day on which this Act comes
5 into operation;
"existing participant" means a trust or estate on behalf of
which moneys were invested before the commencement
day in the Common Fund referred to in repealed
section 40(1);
page 48
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Savings and transitional provisions Division 4
s. 57
"purchased land" has the meaning that it had under repealed
section 40A(1);
"reserve moneys" means the balances of interest referred to in
repealed section 40(4)(c) that are held by the Public Trustee
5 as part of the Common Fund referred to in repealed
section 40(1) immediately before the commencement day;
"saved Common Fund" means the common fund referred to in
section 61.
(2) In this Division a reference to a particular repealed provision is
10 a reference to the particular provision of the Public Trustee
Act 1941 as it was in effect immediately before the
commencement day.
57. Interpretation Act 1984 not affected
The provisions of this Division do not prejudice or affect the
15 application of the Interpretation Act 1984 to and in relation to
the repeal effected by section 8.
58. The Public Trustee continues as the Public Trust Office
(1) The Public Trust Office as established on the commencement
day is a continuation of, and the same legal entity as, the body
20 corporate known immediately before the commencement day as
the Public Trustee.
(2) If in a written law or other document or instrument there is --
(a) a reference to the Public Trustee; or
(b) a reference that is to be read and construed as a
25 reference to the Public Trustee,
that reference, where the context so requires, is to be read as if it
had been amended to be a reference to the Public Trust Office
as established on the commencement day.
page 49
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 4 Savings and transitional provisions
s. 59
(3) The Registrar of Titles is to take notice of the provisions of this
Division and is empowered to record and register in the
appropriate manner the necessary documents and otherwise to
give effect to this Division.
5 59. Staff
The person who was the officer called the Public Trustee
immediately before the commencement day continues in office
on and after the commencement day as the Executive Director,
Public Trust Office and except as otherwise agreed by that
10 person, the person's remuneration, existing or accrued rights,
rights under a superannuation scheme or continuity of service
are not affected, prejudiced or interrupted by this section or
section 58.
60. Crediting of certain reserve moneys to Consolidated Fund
15 (1) Within 6 months of the commencement day the Public Trust
Office and the Treasurer are to --
(a) agree on the amount of reserve moneys, or a means of
assessing the amount of reserve moneys, that is to be
held by the Public Trust Office pending the sale of the
20 purchased land in the event that the proceeds of the sale
of the purchased land are less than the book value of the
purchased land set out in the accounts of the Public
Trust Office; and
(b) identify the reserve moneys that are to be credited to the
25 Consolidated Fund and agree when, and if relevant the
circumstances in which, those moneys are to be credited
to the Consolidated Fund.
(2) To the extent that a matter referred to in subsection (1) is not
agreed within the period referred to in that subsection the matter
30 is to be determined by the Treasurer.
page 50
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Public Trustee Act 1941 Part 2
Savings and transitional provisions Division 4
s. 61
(3) Reserve moneys are to be credited to the Consolidated Fund in
accordance with an agreement under subsection (1) or a
determination under subsection (2).
(4) Subsections (1) to (3) and any agreement under subsection (1)
5 or determination under subsection (2) have effect despite any
provision of the Public Trust Office Act 1941.
61. The Common Fund saved as a common fund
The Common Fund referred to in repealed section 40(1) is, on
and from the commencement day, to be treated as a common
10 fund as defined in the Public Trust Office Act 1941.
62. Power to meet deficiency in the saved Common Fund from
the Consolidated Fund continues for 5 years in respect of
existing participants
(1) Despite the repeal of repealed section 42 by this Act that section
15 continues to apply to the saved Common Fund to the extent set
out in subsection (2) for a period of 5 years after the
commencement day.
(2) Repealed section 42 applies under subsection (1) --
(a) to the moneys that, immediately before the
20 commencement day, are standing to the credit of the
saved Common Fund or, if any of those moneys are
withdrawn on or after the commencement day, to the
balance of those moneys; and
(b) only in respect of existing participants.
25 (3) No later than 6 months after the commencement day the Public
Trust Office is to give written notice to each existing participant
on behalf of which moneys remain invested in the saved
Common Fund at the time the notice is given and the notice is to
be to the effect that repealed section 42 will no longer apply to
30 the existing participant's investments in the saved Common
Fund when the 5 year period expires.
page 51
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 2 Amendments to the Public Trustee Act 1941
Division 4 Savings and transitional provisions
s. 63
(4) No later than 6 months before the 5 year period expires the
Public Trust Office is to give written notice to each existing
participant on behalf of which moneys remain invested in the
saved Common Fund at the time the notice is given and the
5 notice is to be to the effect that repealed section 42 will no
longer apply to the existing participant's investments in the
saved Common Fund when that period expires.
(5) The operation of subsection (1) is not affected by --
(a) the failure of the Public Trust Office to give notice in
10 accordance with subsection (3) or (4); or
(b) an existing participant not receiving the notice referred
to in subsection (3) or (4).
63. Savings of leases under repealed section 40(2a)(b) and 40A
A lease that had been entered into under repealed
15 section 40(2a)(b) or 40A and that is in effect immediately
before the commencement day continues to have effect on and
from the commencement day as if the relevant repealed section
had not been repealed by this Act.
64. Interim business plan and interim annual operational plan
20 (1) The Executive Director shall prepare and submit to the Minister
for the Minister's approval, as soon as is practicable after the
commencement day, a draft interim business plan and a draft
interim annual operational plan.
(2) When the Minister has approved the draft interim business plan
25 and the draft interim annual operational plan those documents
become the business plan and the annual operational plan for
the remainder of the financial year in which this Act comes into
operation, or until the Minister approves a draft business plan
and a draft annual operational plan, whichever is the later.
page 52
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Amendments to the Trustee Companies Act 1987 Part 3
s. 65
Part 3 -- Amendments to the Trustee Companies
Act 1987
65. The Act amended
The amendments in this Part are to the Trustee Companies
5 Act 1987*.
[* Reprinted as at 1 November 1999.]
66. Section 18A inserted
After section 18 the following section is inserted in Part III --
"
10 18A. Fees for preparation of wills and enduring powers
of attorney
(1) Despite anything to the contrary in the Legal
Practitioners Act 1893, a trustee company may charge
a fee and recover disbursements for the preparation of a
15 will or an enduring power of attorney.
(2) Subsection (1) applies only if the will or enduring
power of attorney is prepared under the direction and
control of a certificated practitioner within the meaning
of the Legal Practitioners Act 1893.
20 ".
67. Section 30 amended
Section 30 is amended by deleting "state" and inserting
instead --
" estate ".
25 68. Schedule 2 amended
Schedule 2 clause 3(a) is amended by deleting "Public Trustee"
and inserting instead --
" Public Trust Office ".
page 53
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 4 Consequential amendments to various other Acts
Division 1 Aboriginal Affairs Planning Authority Act 1972
s. 69
Part 4 -- Consequential amendments to various
other Acts
Division 1 -- Aboriginal Affairs Planning Authority Act 1972
69. The Act amended
5 The amendments in this Division are to the Aboriginal Affairs
Planning Authority Act 1972*.
[* Reprinted as at 5 February 1999.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 2.]
10 70. Section 35 amended
(1) Section 35(1) is amended by deleting "Public Trustee under and
subject to the provisions of the Public Trustee Act 1941" and
inserting instead --
"
15 Public Trust Office under and subject to the provisions
of the Public Trust Office Act 1941
".
(2) Section 35(3) is amended by deleting "Public Trustee" and
inserting instead --
20 " Public Trust Office ".
(3) Section 35(5) is amended by deleting "Public Trustee" and
inserting instead --
" Public Trust Office ".
71. Section 36 amended
25 (1) Section 36(1) is amended by deleting "Public Trustee" and
inserting instead --
" Public Trust Office ".
page 54
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Consequential amendments to various other Acts Part 4
Administration Act 1903 Division 2
s. 72
(2) Section 36(2) is amended by deleting "Public Trustee may
recover any such wages or property by action in his" and
inserting instead --
"
5 Public Trust Office may recover any such wages or
property by action in its
".
(3) Section 36(3) is amended by deleting "Public Trustee" and
inserting instead --
10 " Public Trust Office ".
72. Section 37 amended
Section 37 is amended by deleting "Public Trustee" and
inserting instead --
" Public Trust Office ".
15 Division 2 -- Administration Act 1903
73. The Act amended
The amendments in this Division are to the Administration
Act 1903*.
[* Reprinted as at 1 July 1999.]
20 74. Section 3 amended
(1) Section 3 is amended in the definition of "Administrator" by
deleting "Public Trustee" and inserting instead --
" Public Trust Office ".
page 55
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 4 Consequential amendments to various other Acts
Division 2 Administration Act 1903
s. 75
(2) Section 3 is amended by deleting the definition of "Public
Trustee" and inserting the following definition instead --
"
"Public Trust Office" means the Public Trust Office
5 established by the Public Trust Office Act 1941.
".
75. Section 17A amended
Section 17A(1) is amended by deleting "Public Trustee" and
inserting instead --
10 " Public Trust Office ".
76. Section 26 amended
Section 26(8) is amended by deleting "Public Trustee" and
inserting instead --
" Public Trust Office ".
15 77. Section 45 amended
Section 45(1) is amended by deleting "Public Trustee" and
inserting instead --
" Public Trust Office ".
78. Section 142 amended
20 (1) Section 142(1) is amended by deleting "Public Trustee of
Western Australia" and inserting instead --
" Public Trust Office ".
(2) Section 142(2) is amended by deleting "Public Trustee of
Western Australia, is situated outside the limits of Western
25 Australia, such Public Trustee" and inserting instead --
"
Public Trust Office, is situated outside the limits of
Western Australia, the Public Trust Office
".
page 56
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Consequential amendments to various other Acts Part 4
Auction Sales Act 1973 Division 3
s. 79
Division 3 -- Auction Sales Act 1973
79. Auction Sales Act 1973 amended
Section 5(1)(e) of the Auction Sales Act 1973* is amended by
deleting "Public Trustee" and inserting instead --
5 " Public Trust Office ".
[* Reprinted as at 10 June 1999.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 17.]
Division 4 -- Charitable Trusts Act 1962
10 80. Charitable Trusts Act 1962 amended
Section 13(c) of the Charitable Trusts Act 1962* is amended by
deleting "Public Trustee" and inserting instead --
" Public Trust Office ".
[* Reprinted as authorised 24 March 1971.
15 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 34.]
Division 5 -- Constitution Acts Amendment Act 1899
81. Constitution Acts Amendment Act 1899 amended
Schedule V Part 3 to the Constitution Acts Amendment
20 Act 1899* is amended by inserting after the item relating to the
Psychologists Board the following item --
" The Public Trust Office ".
[* Reprinted as at 19 May 2000.
For subsequent amendments see 1999 Index to Legislation of
25 Western Australia, Table 1, pp. 49-50, and Acts Nos. 2, 20,
24 and 25 of 2000.]
page 57
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 4 Consequential amendments to various other Acts
Division 6 Crimes (Confiscation of Profits) Act 1988
s. 82
Division 6 -- Crimes (Confiscation of Profits) Act 1988
82. The Act amended
The amendments in this Division are to the Crimes
(Confiscation of Profits) Act 1988*.
5 [* Act No. 47 of 1988 .
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 57.]
83. Heading to Part 4 amended
The heading to Part 4 is amended by deleting "Public Trustee"
10 and inserting instead --
" Public Trust Office ".
84. Section 28 amended
(1) Section 28(1) is amended by deleting "Public Trustee is entitled
to receive such fees as may be prescribed by or under the Public
15 Trustee Act 1941 in respect of the exercise of its powers or the
performance of its duties in relation to property of which the
Public Trustee" and inserting instead --
"
Public Trust Office is entitled to receive such fees as
20 may be determined or prescribed by or under the
Public Trust Office Act 1941 in respect of the exercise
of its powers or the performance of its duties in relation
to property of which the Public Trust Office
".
25 (2) Section 28(2) is amended by deleting "Public Trustee in the
exercise of powers or the performance of duties by the Public
Trustee in relation to property of which the Public Trustee" and
inserting instead --
"
30 Public Trust Office or its members of staff as defined
by the Public Trust Office Act 1941 or its agents in the
page 58
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Consequential amendments to various other Acts Part 4
Crimes (Confiscation of Profits) Act 1988 Division 6
s. 85
exercise of powers or the performance of duties by
those persons in relation to property of which the
Public Trust Office
".
5 (3) Section 28(3) is deleted.
(4) Section 28(4) is amended by deleting "under the hand of the
Public Trustee or a Deputy Public Trustee and sealed with the
common seal of the Public Trustee" and inserting instead --
" sealed with the common seal of the Public Trust Office ".
10 85. "Public Trustee" amended to "Public Trust Office"
The provisions set out in the Table to this section are amended
by deleting "Public Trustee" and inserting instead --
" Public Trust Office ".
Table
20(7)(b) 27(5) (in each place)
22(2)(d) (in both places) 27(6) (in each place)
22(4)(e) (in each place) 27(7)
25(2)(d) (in both places) 28(4)(a)
25(6) 28(5) (in each place)
25(8) 28(6) (in each place)
26(3) 28(7) (in each place)
26(5) 50(4)(a)
27(1) (in both places) 50(5)
27(2) 50(7)
27(4) (in both places) 51(in both places)
page 59
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 4 Consequential amendments to various other Acts
Division 7 Criminal Injuries Compensation Act 1985
s. 86
Division 7 -- Criminal Injuries Compensation Act 1985
86. Criminal Injuries Compensation Act 1985 amended
Section 16(2) of the Criminal Injuries Compensation Act 1985*
is amended as follows:
5 (a) in paragraph (b) by inserting after "Mental Health
Act 1962" --
"
before it was amended by section 123 of the
Guardianship and Administration Act 1990
10 ";
(b) by deleting paragraph (c) and inserting the following
paragraphs instead --
"
(c) an incapable patient or infirm person within the
15 meaning of the Public Trustee Act 1941 before
it was amended by section 123 of the
Guardianship and Administration Act 1990, the
application may be made by the Public Trust
Office;
20 (d) a represented person as defined by the
Guardianship and Administration Act 1990, the
application may be made by the guardian or
administrator as defined by that Act, as is
relevant to the case.
25 ".
[* Reprinted as at 12 February 1997.]
page 60
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Consequential amendments to various other Acts Part 4
Financial Administration and Audit Act 1985 Division 8
s. 87
Division 8 -- Financial Administration and Audit Act 1985
87. Financial Administration and Audit Act 1985 amended
Schedule 1 to the Financial Administration and Audit Act 1985*
is amended by deleting "Public Trustee" and inserting
5 instead --
" Public Trust Office ".
[* Reprinted as at 9 July 1999.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 89 and Acts Nos. 20, 24 and 25
10 of 2000.]
Division 9 -- Financial Institutions Duty Act 1983
88. Financial Institutions Duty Act 1983 amended
Section 3 of the Financial Institutions Duty Act 1983* is
amended in the definition of "trustee corporation" as follows:
15 (a) by deleting paragraph (a) and inserting the following
paragraph instead --
"
(a) the Public Trust Office established by the
Public Trust Office Act 1941;
20 ";
(b) in paragraph (c) by deleting "Public Trustee" and
inserting instead --
" Public Trust Office ".
[*Reprinted as at 19 November 1992.
25 For subsequent amendments see 1999 Index to Legislation
of Western Australia, Table 1, p. 90.]
page 61
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 4 Consequential amendments to various other Acts
Division 10 Guardianship and Administration Act 1990
s. 89
Division 10 -- Guardianship and Administration Act 1990
89. The Act amended
The amendments in this Division are to the Guardianship and
Administration Act 1990*.
5 [* Reprinted as at 21 April 1997 .
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 106.]
90. Section 3 amended
(1) Section 3(1) is amended in the definition of "corporate trustee"
10 by deleting "Public Trustee" and inserting instead --
" Public Trust Office ".
(2) Section 3(1) is amended by deleting the definition of "Public
Trustee" and inserting the following definition instead --
"
15 "Public Trust Office" means the Public Trust Office
established by the Public Trust Office Act 1941;
".
91. Section 41 amended
Section 41(1)(c)(ii) is amended by deleting "Public Trustee"
20 and inserting instead --
" Public Trust Office ".
92. Section 64 amended
Section 64(3)(b) is amended by deleting "Public Trustee
Act 1941" and inserting instead --
25 " Public Trust Office Act 1941 ".
page 62
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Consequential amendments to various other Acts Part 4
Guardianship and Administration Act 1990 Division 10
s. 93
93. Section 76 amended
Section 76(3) is amended by deleting "sections 50 and 53 of the
Public Trustee Act 1941" and inserting instead --
" section 6, 6A or 50 of the Public Trust Office Act 1941 ".
5 94. Section 80 amended
(1) Section 80(1a) is amended by deleting "Public Trustee" and
inserting instead --
" Public Trust Office ".
(2) Section 80(7) is amended by deleting "Public Trustee in the
10 Public Trustee's" and inserting instead --
" Public Trust Office in the Public Trust Office's ".
95. Section 83B amended
(1) Section 83B(1)(b) is amended by deleting "Public Trustee" and
inserting instead --
15 " Public Trust Office ".
(2) Section 83B(2) is amended by deleting "Public Trustee" in both
places where it occurs and inserting instead --
" Public Trust Office ".
(3) Section 83B(3) is amended by deleting "Public Trustee" and
20 inserting instead --
" Public Trust Office ".
page 63
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 4 Consequential amendments to various other Acts
Division 10 Guardianship and Administration Act 1990
s. 96
96. Section 117 amended
Section 117(3)(a) is amended by deleting "Public Trustee from
receiving remuneration under the Public Trustee Act 1941" and
inserting instead --
5 "
Public Trust Office from receiving remuneration under
the Public Trust Office Act 1941
".
97. Schedule 5 clause 1 amended
10 (1) Schedule 5 clause 1(1) is amended as follows:
(a) by deleting "he" and inserting instead --
" the Public Trust Office ";
(b) by deleting "him" and inserting instead --
" the Public Trustee ".
15 (2) Schedule 5 clause 1(2) is amended as follows:
(a) by deleting "derives" and inserting instead --
" derived ";
(b) by inserting after "1941" --
" before that section was repealed by section 123 ".
20 (3) After Schedule 5 clause 1(2) the following subclause is
inserted --
"
(2a) For the avoidance of doubt, the means by which the Public
Trust Office performs the functions referred to in
25 clause 1(1) or (2) at a particular time are to be in accordance
with the functions and powers that the Public Trust Office
has at that time.
".
page 64
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Consequential amendments to various other Acts Part 4
Guardianship and Administration Act 1990 Division 10
s. 97
(4) Schedule 5 clause 1(3) is amended by deleting "Public Trustee
shall cease to have the functions under section 24 referred to in
subclause (1) when he" and inserting instead --
"
5 Public Trust Office shall cease to have the functions under
section 24 referred to in subclause (1) when the Public Trust
Office
".
(5) Schedule 5 clause 1(4) is amended as follows:
10 (a) by deleting "Public Trustee shall cease to have the
functions under section 36C referred to in subclause (1)
when he" and inserting instead --
"
Public Trust Office shall cease to have the functions under
15 section 36C referred to in subclause (1) when the Public
Trust Office
";
(b) by deleting "he certifies under the Public Trustee
Act 1941" and inserting instead --
20 "
the Public Trust Office certifies under the provisions of the
Public Trustee Act 1941 that were repealed by section 123
".
(6) Schedule 5 clause 1(5) is amended by deleting "Public Trustee
25 in" and inserting instead --
" Public Trust Office in ".
(7) Schedule 5 clause 1(6) is amended by deleting "Public Trustee"
in both places where it occurs and inserting instead --
" Public Trust Office ".
30 (8) Schedule 5 clause 1(7) is amended by deleting "Public Trustee"
in both places where it occurs and inserting instead --
" Public Trust Office ".
page 65
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 4 Consequential amendments to various other Acts
Division 11 Inheritance (Family and Dependants Provision) Act 1972
s. 98
98. Schedule 5 clause 2 amended
(1) Schedule 5 clause 2(2) is repealed and the following subclause
is inserted instead --
"
5 (2) Subclause (1) also applies in respect of the Public Trust
Office, with all necessary changes, where the Public Trustee
was the manager of the estate of a person under section 25
of the Public Trustee Act 1941 immediately before that
section was repealed by section 123.
10 ".
(2) Schedule 5 clause 2(3)(b) is amended by inserting
after "1941" --
" as it was immediately before it was repealed by section 123 ".
99. Schedule 5 clause 3 amended
15 Schedule 5 clause 3(1)(a) is amended by deleting "Public
Trustee" and inserting instead --
" Public Trust Office ".
Division 11 -- Inheritance (Family and Dependants Provision)
Act 1972
20 100. Inheritance (Family and Dependants Provision) Act 1972
amended
Section 4(1) of the Inheritance (Family and Dependants
Provision) Act 1972* is amended in the definition of
"Administrator" by deleting "Public Trustee" and inserting
25 instead --
" Public Trust Office ".
[* Act No. 57 of 1972.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 121.]
page 66
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Consequential amendments to various other Acts Part 4
Land Administration Act 1997 Division 12
s. 101
Division 12 -- Land Administration Act 1997
101. Land Administration Act 1997 amended
Section 172(7)(a) of the Land Administration Act 1997* is
amended by deleting "Public Trustee" and inserting instead --
5 " Public Trust Office ".
[* Act No. 30 of 1997.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 133, and Acts Nos. 13 and 24
of 2000.]
10 Division 13 -- Police Act 1892
102. Police Act 1892 amended
Section 27 of the Police Act 1892* is amended by deleting
"Public Trustee" and inserting instead --
" Public Trust Office ".
15 [* Reprinted as at 1 April 2000.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 194, and Acts Nos. 17 and 24
of 2000.]
Division 14 -- Public Sector Management Act 1994
20 103. Public Sector Management Act 1994 amended
Schedule 2 to the Public Sector Management Act 1994* is
amended by inserting after item 37B the following item --
" 38 The Public Trust Office ".
[* Reprinted as at 9 June 2000.
25 For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 204, and Acts Nos. 24 and 25
of 2000.]
page 67
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 4 Consequential amendments to various other Acts
Division 15 Securities Industry (Application of Laws) Act 1981 amended
s. 104
Division 15 -- Securities Industry (Application of Laws)
Act 1981 amended
104. Securities Industry (Application of Laws) Act 1981 amended
Schedule 1 to the Securities Industry (Application of Laws)
5 Act 1981* is amended in clause 2B by deleting "Public Trustee,
under the Public Trustee Act 1941" and inserting instead --
"
Public Trust Office, under the Public Trust Office
Act 1941
10 ".
[* Act No. 31 of 1981.]
Division 16 -- Securities Industry Act 1975
105. Securities Industry Act 1975 amended
Section 4(1) of the Securities Industry Act 1975* is amended in
15 the definition of "exempt dealer" by deleting paragraph (f) and
inserting the following paragraph instead --
"
(f) the Public Trust Office when it carries on a
business of dealing in securities by reason of
20 its powers under the Public Trust Office
Act 1941;
".
[* Act No. 99 of 1975.]
Division 17 -- Statutory Corporations (Liability of Directors)
25 Act 1996
106. Statutory Corporations (Liability of Directors) Act 1996
amended
Schedule 1 to the Statutory Corporations (Liability of
Directors) Act 1996* is amended by inserting after the item
page 68
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Consequential amendments to various other Acts Part 4
Strata Titles Act 1985 Division 18
s. 107
relating to the Potato Marketing Corporation the following
item --
"
Public Trust the Executive Public Trust Office
Office Director Act 1941
".
5 [* Act No. 41 of 1996.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 239.]
Division 18 -- Strata Titles Act 1985
107. Strata Titles Act 1985 amended
10 Section 50(2) of the Strata Titles Act 1985* is amended by
deleting "Public Trustee under the Public Trustee Act 1941"
and inserting instead --
"
Public Trust Office established by the Public Trust
15 Office Act 1941
".
[* Reprinted as at 1 July 1999 .
For subsequent amendments see Act No. 24 of 2000.]
Division 19 -- Supreme Court Act 1935
20 108. Supreme Court Act 1935 amended
Section 167(1)(k) of the Supreme Court Act 1935* is amended
by deleting "Public Trustee" and inserting instead --
" Public Trust Office ".
[* Reprinted as at 23 July 1999 .
25 For subsequent amendments see Act No. 27 of 2000.]
page 69
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 4 Consequential amendments to various other Acts
Division 20 Transfer of Land Act 1893
s. 109
Division 20 -- Transfer of Land Act 1893
109. Transfer of Land Act 1893 amended
Section 187(1) of the Transfer of Land Act 1893* is amended by
deleting "Public Trustee" in each place where it occurs and
5 inserting instead --
" Public Trust Office ".
[* Reprinted as at 23 July 1999.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 256, and Act No. 24 of 2000.]
10 Division 21 -- Trustees Act 1962
110. The Act amended
The amendments in this Division are to the Trustees Act 1962*.
[* Reprinted as at 14 September 1981.
For subsequent amendments see 1999 Index to Legislation of
15 Western Australia, Table 1, p. 259.]
111. Section 6 amended
Section 6(1) is amended in the definition of "trustee
corporation" by deleting "Public Trustee in and for Western
Australia" and inserting instead --
20 "
Public Trust Office established by the Public Trust
Office Act 1941
".
112. Section 13 amended
25 Section 13(3) is amended by deleting "subsection (4) of
section twelve of the Public Trustee Act 1941, the Court, upon
the application of any executor or administrator being also
trustee of the will of the person whose estate he is
page 70
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Consequential amendments to various other Acts Part 4
Trustees Act 1962 Division 21
s. 113
administering, by order transfers to the Public Trustee the estate
of the deceased person for administration, then the Public
Trustee" and inserting instead --
"
5 section 12(4) of the Public Trust Office Act 1941, the
Court, upon the application of any executor or
administrator being also trustee of the will of the
person whose estate he is administering, by order
transfers to the Public Trust Office the estate of the
10 deceased person for administration, then the Public
Trust Office
".
113. Section 14 amended
Section 14(5)(a) is amended by deleting "Public Trustee, as
15 prescribed under the Public Trustee Act 1941" and inserting
instead --
"
Public Trust Office, as determined or
prescribed under the Public Trust Office
20 Act 1941
".
114. Section 15 amended
Section 15(4)(a) is amended by deleting "Public Trustee, as
prescribed under the Public Trustees Act 1941" and inserting
25 instead --
"
Public Trust Office, as determined or
prescribed under the Public Trust Office
Act 1941
30 ".
page 71
Acts Amendment (Public Trustee and Trustee Companies) Bill 2000
Part 4 Consequential amendments to various other Acts
Division 22 Unclaimed Money Act 1990
s. 115
115. Section 51 amended
Section 51(3) is amended by deleting "Public Trustee" and
inserting instead --
" Public Trust Office ".
5 Division 22 -- Unclaimed Money Act 1990
116. Unclaimed Money Act 1990 amended
Section 9(1) of the Unclaimed Money Act 1990* is amended as
follows:
(a) in paragraph (e) by deleting "Public Trustee Act 1941 is
10 paid to the Treasury" and inserting instead --
"
Public Trust Office Act 1941 is credited to the
Consolidated Fund
";
15 (b) in paragraph (f) by deleting "Public Trustee and is for
the time being held in the Common Fund established
under section 40 of the Public Trustee Act 1941" and
inserting instead --
"
20 Public Trust Office and is for the time being
held in a common fund as defined in the Public
Trust Office Act 1941
".
[* Reprinted as at 5 November 1999.]
page 72
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