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PUBLIC TRUSTEE ACT 1978
- As at 1 February 2024
- Act 73 of 1978
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. (Repealed)
4. Crown to be bound
5. Provision about the Child Protection (International Measures) Act 2003
6. Definitions
PART 2 - THE PUBLIC TRUSTEE AND PUBLIC TRUST OFFICE
7. Public trustee and Public Trust Office
8. Corporation sole of public trustee
9. Provisions about public trustee
10. Acting public trustee
11. Staff of Public Trust Office
11A. Delegation by public trustee
11B. Public trustee’s seal
11C. Contracts and transactions of public trustee not under seal
11D. Evidentiary provisions
11E. Bond or other security not to be required
12. Sale of property by auction by authorised persons
13. (Repealed)
14. (Repealed)
15. Declaration of secrecy
16. Employment of solicitors etc.
17. Public trustee may fix fees and charges
17A. Priority etc. of fees and charges
17B. Costs etc. for proceedings
18. Accounting
19. Common fund and investment thereof and of other moneys
19A. Application of particular amounts
20. Advances in course of administration
21. Public Trust Office Investment Board
22. Temporary advances to the public trustee
23. Deficiency in common fund
24. Inspection and audit of books of public trustee
25. Unclaimed moneys fund
25A. Budget and performance
26. Balance sheet and accounts to be laid before Parliament
PART 3 - APPOINTMENT AS TRUSTEE OR PERSONAL REPRESENTATIVE
27. Rights and duties to which public trustee may be appointed
27A. Joint administration etc. by public trustee
28. The public trustee may hold as trustee for the Crown
29. Circumstances in which public trustee may apply for order to administer
30. Election to administer estates under $150,000 without grant of administration
31. Appointment of public trustee in the place of existing personal representative
32. Effect of order to administer
33. Consequences of election
34. Court may order administration of estate by public trustee instead of by court
35. Administration of small estates
36. Powers of public trustee pending grant
37. Power of public trustee in relation to devises in certain cases
38. Public trustee may be appointed new or additional trustee
39. Appointment of public trustee as sole trustee
40. When public trustee being custodian trustee or statutory trustee may act as general trustee
41. Advisory trustees
42. Delegation of powers of trustees to public trustee
43. Legacies or shares of person under a disability etc. may be paid to public trustee
44. Public trustee may receive and hold moneys of person under a disability
45. Administration of benefit funds
46. Consequences regarding previous personal representatives or trustees on public trustee becoming authorised
PART 4 - POWERS AS PERSONAL REPRESENTATIVE, TRUSTEE ETC.
47. Application of part
48. General powers
49. Provision of dwelling house
50. Maintenance of infant beneficiary out of capital
51. Public trustee may hold property to which mentally incapable beneficiary is entitled
52. Co-trustee may receive income
53. Priority in insolvent estates
54. Where residue may be paid to spouse
55. Public trustee may pay over to principal administrator and receive property from ancillary administrator
56. (Repealed)
PART 5 - SPECIAL FUNCTIONS OF A PUBLIC NATURE
57. Public trustee may oppose grant
58. Public trustee may be appointed guardian
59. Compromise of actions by or on behalf of persons under a legal disability claiming moneys or damages valid only with sanction of court or public trustee
60. Public trustee may direct audit of trusts
61. Circumstances when public trustee may release mortgage or encumbrance for another
62. Circumstances where public trustee may execute transfer for another
63. Wills, deeds and documents may be deposited
63A. Public guardian resources
PART 6 - MANAGEMENT OF ESTATES OF INCAPACITATED PERSONS
Division 1 - Preliminary
64. Definitions
Division 2 - Protection of persons under disability
65. Power of court to make protection order
66. Court may direct investigations
67. Protection order in damages action
68. Court may give directions
69. Variation and duration of protection order
70. (Repealed)
71. (Repealed)
72. (Repealed)
73. (Repealed)
74. (Repealed)
75. Costs of public trustee to be paid out of property
Division 4 - Authority where other jurisdictions involved
77. Definitions
78. Public trustee may request management in reciprocating state
79. Public trustee may be authorised to manage in Queensland
Division 5 - Powers and duties in the management of estates of incapacitated persons
80. Management by public trustee of property of incapacitated person
81. Miscellaneous provisions as to formal authority
82. Public trustee may under order of the court exercise powers or give consent on behalf of incapacitated persons
83. Limitation of contractual powers of incapacitated person
84. Proceedings for protection of property of incapacitated persons
85. Public trustee may complete matters commenced before authority ceased
86. Expenses payable out of estate
87. Public trustee exempt from personal liability
88. Disposal of property on death where value under $75,000
89. Power to apply to court for compensation for loss of benefit in estate
PART 7 - ADMINISTRATION OF PROPERTY OF PRISONERS
90. Application of this part
91. Public trustee to manage property of certain prisoners
92. Public trustee may discontinue management after notice
93. Public trustee may resume management by notice
94. Powers of public trustee
95. Restrictions on property dealings or proceedings
96. (Repealed)
97. Cessation of public trustee’s authority
PART 8 - UNCLAIMED PROPERTY
Division 1A - Object
97A. Object of pt 8
97B. Application of unclaimed superannuation benefit provisions
Division 1 - Unclaimed money
Subdivision 1 - Interpretation
98. Definitions
98A. Meaning of unclaimed superannuation benefit
98B. Meaning of unpaid wages
Subdivision 2 - Registers and other matters about unclaimed moneys
99. Dividends not to be forfeited
99A. Public trustee’s register of unclaimed moneys
100. Accountable person’s register of unclaimed moneys
100A. Statement about unclaimed superannuation benefits
101. Public trustee may examine documents
102. Unclaimed moneys to be paid to public trustee by accountable person
102A. Public trustee may refund certain amounts to accountable persons
102B. Unclaimed moneys to be paid to public trustee—money held or received by the State
Division 2 - Other unclaimed property
103. Application of division
104. Manner in which public trustee may become administrator
105. Unclaimed property held by hospitals
106. Person in possession of instruments of title shall deliver them to public trustee
107. Powers as administrator of unclaimed property
108. Property to be held on trust for owner
109. Expenses of public trustee a charge on the property
110. Termination of administration
111. Evidence in respect of unclaimed property
112. Mistake of fact not to affect validity
113. Limitations not affected
114. (Repealed)
Division 3 - Payment into and out of unclaimed moneys fund
115. Unclaimed moneys to be credited to fund
116. Funds held by public trustee to be transferred
117. Public trustee may pay claimant
117A. Treasurer to pay claimant
Division 4 - Enforcement
Subdivision 1 - Inspectors
117B. Appointment
117C. Limitation of inspector’s powers
117D. Inspector’s conditions of appointment
117E. Inspector’s identity card
117F. Production or display of inspector’s identity card
Subdivision 2 - Inspectors’ powers
117G. Entry to places
117H. Consent to entry
117I. Evidence of consent
117J. Application for warrant
117K. Issue of warrant
117L. General powers after entering places
117M. Failure to help inspector
117N. Failure to give information
117O. (Repealed)
117P. Seizing evidence at places
117Q. Securing seized things
117R. Tampering with seized things
117S. Receipt for seized things
117T. Return of seized things
117U. Access to seized things
PART 8A - PUBLIC TRUSTEE ADVISORY AND MONITORING BOARD
Division 1 - Preliminary
117V. Definitions for part
117W. References to functions
Division 2 - Establishment, functions and powers
117X. Establishment
117Y. Functions
117Z. Powers
117ZA. Board must act independently and in public interest
Division 3 - Membership
117ZB. Members of board
117ZC. Permanent board members
117ZD. Appointed board members
117ZE. Chairperson
117ZF. Disqualification as appointed board member
117ZG. Term of appointment
117ZH. Conditions of appointment
117ZI. Appointed board members must disclose particular matters
117ZJ. Vacancy in office
Division 4 - Criminal history information
117ZK. Minister may request criminal history reports
117ZL. New convictions must be disclosed
117ZM. Confidentiality of criminal history information
Division 5 - Board meetings
117ZN. Conduct of business
117ZO. Board meetings generally
117ZP. Minutes and other records
117ZQ. Quorum
117ZR. Presiding at board meetings
117ZS. Disclosure of interests
Division 6 - Miscellaneous
117ZT. Board may request or receive information from public trustee
117ZU. Advice and recommendations to Minister not to include personal information
117ZV. Consultation before advice given or recommendations made to Minister
117ZW. Advice or recommendations to Minister if decision not unanimous
117ZX. Confidentiality
117ZY. Protection from liability for giving information
117ZZ. Protection from liability for board members
117ZZA. Annual report
PART 9 - GENERAL
Division 1 - Notice and consequences of appointment
118. Notice to be given to public trustee of appointment as trustee
119. Rejection of appointment
120. Effect of appointment
Division 2 - Notice, transfer and registration of assets
121. Notice to be given to public trustee of property
122. Public trustee may require property to be transferred and may summon persons for examination
123. Moneys and assets of public trustee deemed Crown property
124. Searches
125. Registration of stock in name of public trustee
126. Notice of trust not constituted only by entry of public trustee on any register of ownership
127. Public trustee may bring land under the Land Title Act 1994
Division 3 - Indemnities etc.
128. Remedy against public trustee
129. Advertisement for claims and payment
130. Allowance of claims
131. Barring of claims
132. Cases where estate may be distributed after inquiries
133. Payment of moneys etc. to persons abroad
134. Public trustee may take opinion of court on question arising in course of duties
135. Validation of acts of public trustee under administration granted in error
136. Protection of public trustee acting under court order
Division 4 - Miscellaneous
137. Public trustee may sue himself or herself in different capacity
138. Certificate or recital of authority evidence
139. Service of notices
140. Offences and penalties
141. Relation to other Acts and instruments
141A. Public trustee may approve forms
142. Regulation-making power
PART 10 - TRANSITIONAL PROVISIONS
Division 1 - Transitional provisions for Act No. 24 of 1994
143. References to public curator
144. Public Curator Act 1915 references
Division 2 - Transitional provisions for Guardianship and Administration Act 2000
145. Definition for div 2
146. Public trustee becomes administrator if protection order or s 70 certificate of disability
147. Public trustee becomes attorney if s 71 certificate of disability
148. Completion by public trustee under previous s 85
Division 3 - Transitional provision for Discrimination Law Amendment Act 2002
149. Application of amendments made by Discrimination Law Amendment Act 2002
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