Australian Capital Territory Repealed Acts

This legislation has been repealed.

PUBLIC TRUSTEE (MISCELLANEOUS AMENDMENTS) ACT 1985

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Public Trustee (Miscellaneous Amendments) Act 1985.1  
   2.      This Act shall come into operation on such date as is fixed by the Minister of State for Territories by notice in the Gazette.1  

   PART II--AMENDMENTS OF THE ADMINISTRATION AND PROBATE ACT 1929

   3.      The Administration and Probate Act 1929 is in this Part referred to as the Principal Act.  
   4.      Section 5 of the Principal Act is amended by inserting after the definition of “Probate” in subsection (1) the following definition:“ ‘Public Trustee” has the same meaning as in the Public Trustee Act 1985;”.  
   5.      Section 10C of the Principal Act is repealed and the following section substituted:  
   6.      Section 18 of the Principal Act is amended by omitting from subsection (1) “Curator” and substituting “Public Trustee”.  
   7.      Section 38 of the Principal Act is amended by omitting “the Curator” and substituting “the Public Trustee”.  
   8.      Section 38A of the Principal Act is amended by omitting “the Curator” and substituting “the Public Trustee”.  
   9.      The heading to Part VI of the Principal Act is omitted and the following heading substituted:  

   PART VI--PUBLIC TRUSTEE”.

   10.     Section 88 of the Principal Act is amended by omitting from subsection (1) “the Curator” (first, second and third occurring) and substituting “the Public Trustee”.  
   11.     Section 90 of the Principal Act is amended by omitting from subsection (1) “the Curator” (wherever occurring) and substituting “the Public Trustee”.  
   12.     Section 91 of the Principal Act is amended by omitting from subsection (1) “the Curator” (wherever occurring) and substituting “the Public Trustee”.  
   13.     Section 92 of the Principal Act is amended by omitting from subsection (1) “the Curator” and substituting “the Public Trustee”.  
   14.     Section 95 of the Principal Act is amended by omitting from subsection (1) “the Curator has been ordered” and substituting “the Curator of Estates of Deceased Persons or the Public Trustee has been ordered”.  
   15.     Section 97 of the Principal Act is amended by omitting “the Curator” and substituting “the Public Trustee”.  
   16.     Section 97A of the Principal Act is amended by omitting from subsection (1) “Curator” and substituting “Public Trustee”.  
   17.     Section 102 of the Principal Act is amended by omitting “the Curator” and substituting “the Public Trustee”.  
   18.     The Principal Act is amended as set out in Schedule 1.  

   PART III--AMENDMENTS OF OTHER ACTS

   19.     The Acts specified in Schedule 2 are amended as set out in that Schedule.  

   PART IV--TRANSITIONAL

   20.     In this Part—“commencement date” means the date of commencement of this Act; “Curator” means the Curator of Estates of Deceased Persons appointed under the Administration and Probate Act 1929; “Public Trustee” has the same meaning as in the Public Trustee Act 1985.  
   21.     (1) On the commencement date—  
   22.     (1) Any contract, agreement or arrangement entered into by or on behalf of the Curator as a party and in force immediately before the commencement date continues in force notwithstanding the repeal of section 8 of the Administration and Probate Act 1929 effected by this Act but that contract, agreement or arrangement has effect, on and after the commencement date, as if—  
   23.     Where, immediately before the commencement date, proceedings to which the Curator was a party were pending in any court or tribunal, the Public Trustee is, by force of this section, substituted for the Curator as a party to the proceedings.  
   24.     Where, by reason of the operation of section 21, any interest in land situated in the Territory becomes vested in the Public Trustee, the Public Trustee may lodge with the Registrar of Titles a notice stating that that interest in land is vested in the Public Trustee by virtue of the operation of section 21 and the Registrar shall make such entries in the relevant registers kept by the Registrar, and do such other things, as are necessary to reflect the operation of section 21 in relation to that interest in land.  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES