Western Australian Repealed Regulations Western Australian Repealed RegulationsThis legislation has been repealed.
(1) Within one month
of the making of an Administration Order the Administrator shall lodge with
the Executive Officer of the Board a duly completed Estate Information Form in
the form of Form A.
(2) Unless the Board
otherwise orders, the Administrator shall, at yearly intervals from the date
of the making of an Administration Order or within one month after his
discharge, lodge with the Executive Officer an account set out in accordance
with Form B, and verified by affidavit in the form of Form C, together with
vouchers for the payment of all disbursements and where the vouchers are
numerous they must be marked with the corresponding number in the account.
(3) The Board shall
examine the accounts and vouchers so lodged and may —
(a)
without any attendance by the Administrator, allow them;
(b)
require the Administrator to attend at a time and place specified and furnish
such books, accounts or other information as required.
(4) The Board may
allow the reasonable and proper costs of the Administrator of passing the
account, and of any other person permitted to attend, in whole or in part;
and, where the Administrator is in default under these rules or in complying
with any direction or order of the Board may deprive him of the costs of
passing his accounts or may order him to pay those costs, personally.
(5) If, upon the
taking of the account of an Administrator following upon his discharge, a
balance is certified to be due from the Administrator, he shall pay the
balance to the Board within such time as the Board directs.
If, on the taking of
the account, a balance is certified to be due to the Administrator, it shall
be paid by the new Administrator out of the Represented Person’s estate.
(6) Upon the death of
an Administrator, the Board shall take his account from the date of his
appointment or from the date of the last account which has been lodged with
the Executive Officer.
If a balance is
certified to be due from the estate of the Administrator, his legal personal
representative shall pay the balance to the Board within such time as the
Board directs.
If, on the taking of
the account, a balance is certified to be due to the Administrator, it shall
be paid to his legal personal representative by the new Administrator within
such time as the Board directs.
(7) Upon the death of
a Represented Person, the Administrator shall, within one month, lodge with
the Executive Officer an account as provided in sub-rule (2) from the date of
his appointment or from the date of the last account which has been lodged
with the Executive Officer.
If, on the taking of
the account, a balance is certified to be due from the Administrator, he shall
pay the balance to the legal personal representative of the Represented Person
within such time as the Board directs.
If a balance is
certified to be due to the Administrator, it shall be paid to him by the legal
personal representative of the Represented Person within such time as the
Board directs.
(8) If an
Administrator makes default in bringing in his account or in having the same
passed or in paying the balance certified to be due from him or in causing the
same or any sum of cash under his control to be laid out, paid, or received
pursuant to any certificate or direction in that behalf, the Board may, unless
cause be shown to the contrary, disallow his salary or remuneration, if any,
and may also charge him with interest at a rate of not more than 14.5% yearly
upon any balance or cash for the time during which the same appears to have
been improperly retained in hand or uninvested.
(9) The Board may
refer any account which has been lodged under Section 80 (1) or delivered
under Section 80 (2) to the Public Trustee whereupon the Public Trustee shall
perform an audit of that account.
(10) In conducting an
audit of any account referred to the Board the Public Trustee may perform any
functions of the Board under Section 80 and Schedule 1 Part B Clause 7, or
under sub-rules (3) and (4) of these rules save and
except —
(a) the
power to exempt an Administrator from submitting accounts pursuant to Section
80 (1);
(b) the
power to allow an account or disallow any amount paid pursuant to Section 80
(3);
(c) the
power to relieve an Administrator of liability pursuant to Section 80 (4);
(d) the
power conferred upon the Executive Officer pursuant to Section 80 (6).
[(11) Repealed]
[Rule 1 amended in Gazette 9 December 1994
pp.6680-81; 21 July 1995 p.3073.]