Australian Capital Territory Repealed Acts

This legislation has been repealed.

CONVEYANCING ACT 1919 (REPEALED) - SECT 151C

    (1)     If and as long as any person who is entitled to a beneficial interest in possession affecting land is a child, the trustees appointed for this purpose by the settlement, or if there are none so appointed, then the trustees of the settlement, unless the settlement or the order of the Supreme Court by which they or their predecessors in office were appointed to be trustees expressly provides to the contrary, or if there are none, then any persons appointed as trustees for this purpose by the court on the application of a guardian or next friend of the child may enter into and continue in possession of the land on behalf of the child.

    (2)     The trustees shall manage or superintend the management of the land, with full power—

        (a)     to fell timber from time to time in the usual course for sale, or for repairs or otherwise; and

        (b)     to erect, alter, pull down, rebuild, and repair houses, and other buildings, dams, fences, and other erections; and

        (c)     to continue the working of mines, minerals, and quarries that have usually been worked; and

        (d)     to drain or otherwise improve the land or any part of it; and

        (e)     to insure against any insurable risk; and

        (f)     to grant leases for any term not exceeding 3 years; and

        (g)     to make allowances to and arrangements with tenants and others; and

        (h)     to determine tenancies, and to accept surrenders of leases and tenancies; and

              (i)     generally to deal with the land in a proper and due course of management;

but so that, if the child is impeachable for waste, the trustees shall not commit waste, and shall cut timber on the same terms only, and subject to the same restrictions, on and subject to which the child could, if an adult, cut the same.

    (3)     The trustees may from time to time, out of the income of the land, including the produce of the sale of timber, pay the expenses (including any commission to which they are entitled) incurred in the management or in the exercise of any power given by this section or otherwise in relation to the land, and all outgoings not payable by any tenant or other person, and shall keep down any annual sum and the interest of any principal sum charged on the land.

    (4)     This section applies in relation to a child except so far as the contrary intention appears in the instrument (if any) under which the child's interest arises.