Australian Capital Territory Current Acts

TRUSTEE ACT 1925 - SECT 64

    (1)     If a trustee is absent from the ACT or is about to leave the ACT, the trustee may, by registered deed, delegate the execution of the trust.

    (2)     However, the trustee delegates the execution of the trust only if—

        (a)     each co-trustee, and anyone else authorised to appoint trustees, consents to the delegation by the deed or another registered deed; and

        (b)     the delegation is to—

              (i)     the public trustee and guardian; or

              (ii)     a trustee company; or

              (iii)     a person living in the ACT who either is a co-trustee or can be appointed a trustee of the trust.

    (3)     The delegation may be made in relation to all or any part of the trust.

    (4)     A delegation given under the authority of this section by a trustee who is the legal representative of a deceased person shall, unless the contrary is expressed in the deed of delegation, operate to delegate not only the execution of the duties incidental to the office of legal representative of such deceased person (including the exercise of all the functions of the trustee as such legal representative) but also the execution of the trusts which devolve upon such trustee when the administration of the estate of such deceased person is completed.

    (5)     The delegation shall not operate beyond 2 years from the date of the deed and shall be made on 1 occasion only, unless after the delegation the trustee has returned to the ACT and is again absent or about to depart from the ACT, provided that in the event of the delegate dying or the delegation being revoked, another delegation may be made for the balance of the period of 2 years.

    (6)     The delegation shall not be made, whether to a co-trustee or to any other person, unless there will be remaining in the ACT to perform the trust, the public trustee and guardian or a trustee company or 2 persons whether as trustee or as delegate.

    (7)     Trustees may delegate concurrently.

    (8)     A trustee who delegates his or her trust shall remain answerable for all acts and omissions of the delegate within the scope of the delegation as if they were the acts and omissions of the trustee, and the delegate shall be subject to the jurisdiction and powers of any court so far as respects the execution of the trust in the same manner as if he or she were the trustee.

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

    (10)     However, subsection (9) does not affect the jurisdiction or powers of a court.