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PUBLIC TRUSTEE ACT 1995

Table of Provisions

PART 1--Preliminary

  • 1 Short title
  • 3 Interpretation

PART 2--Office of Public Trustee

  • 4 Public Trustee
  • 5 Functions and powers
  • 6 Ministerial control
  • 7 Execution of documents
  • 8 Delegations

PART 3--Appointment as administrator, trustee etc

  • 9 Administration of deceased estate
  • 10 Public Trustee need not give security
  • 11 No action to be instituted after Public Trustee has obtained administration
  • 12 Administrator pendente lite
  • 13 Administration of trust estate
  • 14 Appointment as executor or trustee
  • 15 Appointment of Public Trustee by executors, administrators or trustees
  • 16 Appointment by court as trustee of amount of judgment etc
  • 17 Custodian trustee
  • 18 Power of attorney continues despite subsequent legal incapacity

PART 4--Administration of estates

  • 19 Payments to or from executors etc elsewhere in Australia or in New Zealand
  • 20 Public Trustee must require delivery or transfer of property to which Public Trustee is entitled
  • 21 Court may summons administrator etc on application of Public Trustee
  • 22 Result of disobedience to summons
  • 23 Public Trustee to give notice to beneficiary entitled to property
  • 24 Administration of Public Trustee may be referred to Court
  • 25 Public Trustee may make advances for purposes of administration
  • 26 Public Trustee to keep accounts in respect of estates etc

PART 5--Investment of estate funds and common funds

  • 27 Investment of estate funds
  • 28 Money from several estates may be invested as one fund
  • 29 Common funds
  • 30 Accounts, audits and reports in respect of common funds
  • 31 Information for investors or prospective investors in common fund

PART 6--Unclaimed property

  • 32 Public Trustee's duties with respect to unclaimed money or land
  • 33 Provision for parties subsequently claiming to apply to Court etc
  • 34 Appointment as manager of unclaimed property
  • 35 Powers of Public Trustee as manager
  • 36 Public Trustee to have discretion as to exercise of powers as manager
  • 37 Public Trustee may apply to Court for directions
  • 38 Money to be invested in common fund
  • 39 Remuneration and expenses of Public Trustee
  • 40 Property managed by Public Trustee to be held for owner
  • 41 Termination of management
  • 42 Transfer of unclaimed property to Crown

PART 7--Financial and other provisions

  • 43 Expenditure of money on land
  • 44 Fee for administering perpetual trust
  • 45 General provision relating to Public Trustee's charges
  • 45A Recovery of GST
  • 46 ADI accounts, investment and overdraft
  • 47 Tax and other liabilities of Public Trustee
  • 48 Dividends
  • 49 Responsibility of Government for acts of Public Trustee
  • 50 Accounts and external audit
  • 51 Annual reports
  • 52 Certain documents may be deposited with Public Trustee for safe keeping
  • 53 Certificate by Public Trustee of appointment to act
  • 54 Indemnity to persons having dealings with Public Trustee
  • 55 Regulations

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