Queensland Numbered Acts

MERIBA OMASKER KAZIW KAZIPA (TORRES STRAIT ISLANDER TRADITIONAL CHILD REARING PRACTICE) ACT 2020 - SECT 68

68 Public trustee to make inquiries if bequest to unlocatable person

(1) This section applies if—

(a) under a will made after the commencement, a testator makes a disposition of property to a person—

(i) who is described as being a child of the testator or of another person; and

(ii) whose parentage was transferred to another person or persons as a result of a cultural recognition order; and

(b) the personal representative of the testator is unable to determine the name and address of the person.

(2) The personal representative must give the public trustee a copy of the will and a notice stating that the personal representative is unable to determine the name and address of the person.

(3) On receipt of the copy and notice, the public trustee must take steps to determine the name and address of the person and, if the person has died, the date of the death, by asking for information from—

(a) the commissioner; and

(b) the registrar under the Births, Deaths and Marriages Registration Act 2003 .

(4) Despite any other Act or law, if the commissioner receives a request from the public trustee under subsection (3) , the commissioner must give the public trustee the name and address of the person held in the commissioner’s records.

(5) The Births, Deaths and Marriages Registration Act 2003 , section 44 does not apply to a request for information made under subsection (3) to the registrar under that Act.

(6) After taking the steps mentioned in subsection (3) , the public trustee must give a notice to the personal representative stating—

(a) that the public trustee has been able to determine—

(i) the person’s name; or

(ii) the person’s address; or

(iii) the death of the person; and

(b) to the extent the public trustee is unable to determine the name or address of the person or whether the person has died, what details the public trustee has been unable to determine.