Australian Capital Territory Current Acts

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TRUSTEE ACT 1925 - SECT 51

Audit

    (1)     A trustee may, in his or her absolute discretion, from time to time cause the accounts of the trust property to be examined or audited by a person who publicly carries on the business of an accountant, and shall for that purpose produce such vouchers and give such information to him or her as he or she shall require.

    (2)     The costs of the examination or audit, including the fee of the person making the examination or audit, shall be paid out of the capital or income of the trust property, or partly in one way and partly in the other, as the trustee shall in his or her absolute discretion think fit.

    (3)     In default of any direction, in any special case, by the trustee to the contrary, cost attributable to capital shall be borne by capital and those attributable to income by income.

    (4)     Where the trustee is the public trustee and guardian or an incorporated company, nothing in this section shall authorise any costs or fee to be paid out of or borne by the capital or income of the trust property unless the Supreme Court approves the costs or fee being so paid or borne or unless the costs are, or the fee is, incurred in respect of the examination or audit of the accounts of a business forming part of the trust property.

    (5)     This section applies to a trust except so far as the contrary intention appears in the trust instrument.



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