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This is a Bill, not an Act. For current law, see the Acts databases.
GUARDIANSHIP AND MANAGEMENT OF PROPERTY AMENDMENT BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Bill Stefaniak)
Contents
Page
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Bill Stefaniak)
Guardianship and
Management of Property Amendment Bill 2005
A Bill for
An Act to amend the
Guardianship and Management
of Property Act 1991, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Guardianship and Management of Property Amendment Act
2005.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Guardianship and Management of Property Act
1991.
Note This Act also amends the Public Trustee Act 1985 (see s
11 and s 12).
before section 8A, insert
8AA Manager for missing person’s
property
(1) This section applies if the tribunal is satisfied, on application,
that—
(a) someone is a missing person; and
(b) the person usually lives in the ACT; and
(c) while the person is missing, there is, or is likely to be, a need for
a decision in relation to the person’s financial matters or property; and
(d) the person’s interests will be significantly adversely affected
if a manager is not appointed.
(2) The tribunal may be satisfied that a person is a missing person only
if satisfied that—
(a) it is not known whether the person is alive; and
(b) reasonable efforts have been made to find the person; and
(c) for at least 90 days, the person has not contacted—
(i) anyone who lives at the person’s last-known home address;
or
(ii) any relative or friend of the person with whom the person is likely
to communicate.
Examples of contact
1 telephone call
2 physical sighting of the person
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) The tribunal may, by order, appoint a manager to manage all, or a
stated part, of the missing person’s property, with the powers that the
tribunal is satisfied are necessary or desirable to allow the manager to make
decisions in relation to the property in accordance with the decision-making
principles as if the missing person were a protected person.
Note The tribunal’s power to appoint a manager is restricted
under s 8A.
(4) The powers that may be given to the manager are the powers the person
would have if the person were able to exercise them.
(5) An application for the appointment of a manager under this section may
be made by any of the following:
(a) a domestic partner of the person;
(b) a relative of the person;
(c) a business partner or employee of the person;
(d) the Attorney-General;
(e) the public trustee;
(f) the public advocate;
(g) anyone else who has an interest in the property of the
person.
5 Removal
by tribunalSection 31
omit
The tribunal
substitute
(1) The tribunal
insert
(2) The tribunal may, by order, remove a manager of a missing
person’s property if satisfied, on application by the person or anyone
else, that—
(a) the person is alive; or
(b) the person is dead; or
(c) the person may be presumed to be dead.
7 Notice
of inquiryNew section 35 (1)
(f)
insert
(f) if an application is made under section 8AA (Manager for missing
person’s property)—the applicant; and
8 Section
35 (1) (f) to (g) (as amended)
renumber as section 35 (1) (f) to (h)
9 Emergency
appointmentsSection 67 (1)
(b)
substitute
(b) under section 8 or section 8AA, appoint the public advocate or the
public trustee to be a manager of a person’s property;
10 Dictionary,
definition of manager
substitute
manager means a manager under any of the following
sections:
• section 8 (Appointment and powers of managers)
• section 8AA (Manager for missing person’s property)
• section 12 (Recognition of interstate etc guardians and
managers)
• section 32 (Surviving or substitute guardians etc).
11 Public
Trustee Act 1985, section 34 (1) (b) and (c)
omit
12 Public
Trustee Act 1985, section 34 (1) (d) to
(f)(as amended)
renumber as section 34 (1) (b) to (d)
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
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