Administration and Probate Act (No 2) 1937 (ACT)

[Extract from Commonwealth of Australia Gazette, No. 46, dated

19th August, 1937.]

THE TERRITORY FOR THE SEAT OF

GOVERNMENT.

No. 13 of 1937.

AN ORDINANCE

To amend the Administration and Probate Ordinance

1929-1937.

BE it ordained by the Deputy of the Governor-General in and Federal Executive Council, in pursuance of the powers conferred over the Commonwealth of Austral ia, with the advice of the by the Seat of Government Acceptance Act 1909 and the Seat of

Government {Administration) Act 1910-1933, as follows:—

1.—(1.) This Ordinance may be cited as the Administration short title

and Probate Ordinance (No. 2) 1937.

(2.) The Administration	and Probate Ordinance	1929-1934, as
amended by the Administration	and Probate Ordinance	1937, is in

this Ordinance referred to as the Pr incipal Ordinance.

(3.) Section one of the Administration and Probate Ordinance

1937 is amended by omitting sub-section (2 . ) .

(4.) The Pr inc ipa l Ordinance, as amended by this Ordinance, may be cited as the Administration	and Probate	Ordinance
1929-1937.

2. The Pr incipal Ordinance is amended as set out in the consequential

Schedule to this Ordinance. amendment

30-t;t— PBICE	5D.
3 .	Section five of the Pr incipal Ordinance is amended—	Deflnmoi™.
(a) by omitting from the definition of " Administration "

the words ", and orders to the Curator to collect";

(b) by omitting from the definition of " A d m i n i s t r a t o r "

the words " the Curator and any other " and inserting

iu their stead the word " any " ;

(c) by omitting the definition of " the C o u r t " and insert-

ing in its stead the following definition:—•

" ' t h e C o u r t ' means the Supreme C o u r t ; " ;

(d) by inserting, after the definition of " Deceased person ",

the following definition :—

" ' Distribute ' means to pay, deliver, or divide the
estate or property referred to, to or among the

person or persons entitled thereto under any

intestacy or under any wi l l ;" ; and

(e) by omitting the definition of " Jus t i ce" and inserting

in its stead the following definition:—

" ' Judge ' means the Judge of the Supreme Court

and includes an Acting Judge; ".

Proceeding	4. Section twenty-five of the Principal Ordinance is amended
where
executor	by omitting paragraph (ii) of sub-section (1.).
neglects to prove will.
Court may	5. Section sixty-one of the Principal Ordinance is amended by
make order
as to disposal	omitting from sub-section (1.) the words "or curator".
of moneys in hands of executor, <fcc.
6. After section eighty-seven of the Principal Ordinance the following section is inserted:—•
Appointment	" 8 7 A . — (1.) The Curator may, subject in each case to the approval in writing of the Attorney-General, appoint persons to act as his agents for the purpose of collecting or administering all or any estates in his hands.
of agents.
" (2.) Agents of the Curator shall, in all respects, act in the management, collection, and getting in of estates under the direc- tions of the Curator, and the Curator shall not be answerable for any act or omission of his agents contrary to his directions or which has not happened by the default or neglect of the Curator.".
Order to	Section eighty-eight of the Principal Ordinance is amended—
Curator to
collect and	(a) by inserting in sub-section (1.), after the word
administer.	" collect ", the words " and administer " ;

(b) by inserting in paragraph (a) of sub-section (1.),
after the word " widow ", the word " husband,"; and
(c) by inserting in paragraph (a) of sub-section (1.), after

the word " his " (wherever occurring), the words " or

her ".

Effect of

8. Section eighty-nine of the Principal Ordinance is amended " (1.) Where an order to collect and administer the estate of any deceased person is granted, the Curator shall have the same powers, rights, and obligations in respect of the estate, except as otherwise expressly provided, as he would have had if administra- tion had been granted to him, and the estate of the deceased shall vest in him.".

order.

by omitting sub-section (1.) and inserting in its stead the following sub-section:—

Probates and 9. Section ninety of the Principal Ordinance is amended by

appSintoent"'8 " and administer ".	may bo granted inserting in sub-section (1.), after the word "collect", the words
of Curator.

• ; .

10. Section ninety-two of the Principal Ordinance is when there T T

is reasonable

amended—

ground to

I

(a) by omitting from sub-section (1.) the word " manage " any person

and inserting in its stead the word " administer " ; curator may

_ „ / ]

obtain order

d r l L l

.

to collect

(b) by inserting in sub-section (2.) after the word e"tatc8™ithuir

" collect" (second occurring) the words " and the jurisdiction

v

0 /

of the Court.

I

administer ".

11. Section ninety-three of the Principal Ordinance is amended Notice of
by inserting after the word " collect " the words " and administer ". published'."

12. Section ninety-four of the Principal Ordinance is repealed and the following sections are inserted in its stead:—

" 94.— (1.) Where any monies or personal chattels are payable Money *&,

or deliverable by the Curator to the subject of any country out of abroad. the Curator to pay the monies or deliver the chattels to an official of that country, or to a consular officer of that country resident in Australia, on behalf of the person entitled, and the receipt of that official or consular officer shall be a sufficient discharge therefor to the Curator who shall not be further concerned to see to the application thereof.

" (2.) Where any monies or personal chattels are payable or deliverable by the Curator to any person in any part of the British dominions other than the Territory or in any place within His Majesty's jurisdiction outside the British dominions, the Attorney- General may authorize the Curator to pay the monies or deliver the chattels to an official of that part or place on behalf of the person entitled and the receipt of that official shall be a sufficient discharge therefor to the Curator who shall not be further concerned to see to the application thereof.

" 94A. Where the Curator is administering the estate in the Payment to

Territory of any person who, at the time of his death, was domiciled Estate o"

in one of the States or other Territories of the Commonwealth or Terr,tory-

the Dominion of New Zealand and whose estate in that State,

Territory or Dominion is being administered by the public trustee,

public curator or curator of that State, Territory or Dominion, the

Curator may pay to that public trustee, public curator or curator

the balance of the jn'oceeds of the estate in the Territory of the

I

deceased, after payment of creditors and the charges provided for
in this Ordinance, without obligation to see to the application of

that balance.

" 9 4 B . — (1.) Where the estate of a deceased person who, at the Curator may

time of his death was domiciled in the Territory, is being payment of administered by the Curator, and the public trustee, public curator f^ated in or curator of any State or other Territory of the Commonwealth KJJJĴ

or of the Dominion of New Zealand has obtained administration Territory.

of the estate in that State, Territory or Dominion, the Curator may receive from that public trustee, public curator or curator the balance of the proceeds of the estate in that State, Territory or Dominion.

" (2.) The balance of any estate received by the Curator pursuant to sub-section (1.) 'of this section shall form part of the estate of the deceased person in the Territory.".

Court to have

13. Section ninety-five of the Principal Ordinance is amended

summary

I

jurisdiction

by inserting in sub-section (1.) after the word " collect " the words

over Curator.

" and administer ".

Applications

14. Section ninety-six of the Principal Ordinance is amended

by omitting paragraph (c) of sub-section (1.) and inserting in
its stead the following paragraph:—

how heard.

" (e) from the estate administered by the Curator,".

Curator to

15. Section ninety-seven of the Principal Ordinance is amended

aet as the

Court

by inserting after the word " collect ", the words " and administer ".

directs.

16. After section ninety-seven of the Principal Ordinance the following section is inserted:—

Curator may

" 9 7 A . — (1.) The Curator may, ex parte, take the opinion or

as he requires and the Curator shall, if the Judge so desires,
attend upon him at such time and place as he appoints.

obtain

directions or

obtain the direction of the Court upon any question, whether of

Court.

law or of fact, arising under this Part, or in the course of his duties.
"(2.) Any such question shall be submitted to the Judge in
such manner and at such time as he directs, and shall be accom-panied bjr such statement of facts, documents and other information

"(3.) The Judge may, before giving his opinion or direction,
require the attendance of, or communication with, any person
interested in the estate to which the question relates, but no person

shall have a right to be heard unless the Judge otherwise directs.

" (4.) The Judge shall give his opinion or direction to the Curator, and the Curator shall aet in accordance therewith and shall, upon the request of any person interested in the estate, com- municate to him the effect of the opinion or direction.".

debts.

Payment of 17. Section ninety-nine of the Principal Ordinance is

amended— 3 d - I

(a) by omitting from sub-section (1.) the word

" administer " and inserting in its stead the words
" collect and administer " ; and

(b) by omitting from sub-section (6.) all the words after the word " shall" and inserting in their stead the words ", subject to this Ordinance, distribute the residue of the estate ".

18. Section one hundred and one of the Principal Ordinance Accounts to amended by omitting from sub-section (1.) the word be ke:,t'&Q'

I

" administer " and inserting in its stead the words " collect and

administer ".

19. Section one hundred and three of the Principal Ordinance

Quarterly

is amended by inserting, after the word " collect ", the words " and Attorney"

General and

accounts.

administer ",

I

20. Section one hundred and four of the Principal Ordinance The curator

is amended by inserting, after the word " collection ", the words nwneyeafter

expiration

and administration ". of six months.

21. Section one hundred and twenty-eight of the Principal Repeal.

Ordinance is repealed.

22. Where an order to collect granted to the Curator under the Application

nance, that order shall have the same force and effect as if it were co	Principal Ordinance is in force at the commencement of this Ordi-orders to
an order to collect and administer granted under the Principal Ordinance as amended by this Ordinance.

THE SCHEDULE.

C O N S E Q U E N T I A L A M E N D M E N T S I N T H E P R I N C I P A L O R D I N A N C E .

Section. Extent of Amendment.

Omit " or a Jus t ice "

insert " or the Judge " ; omit " or Jus t ice '

1.1

insert " or Judge " .

Omit " or a Jus t ice " ,

insert " or the J u d g e " .

17

Omit " o r a Jus t ice "

(wherever occurring), insert " or the Judge " .

i s

" o r a J u s t i c e " " .

Omit " or a Jus t ice '

28

, insert " or the Judge " ; omit " or -Just ice '

(wherever occurring), insert " or J u d g e " .

32

Omit

(wherever occurring), insert

" o r

the	J u d g e " ;
" .

omit " or Jus t ice " (wherever occurring), insert " or J u d g e " .

Omit " or a Jus t ice " , insert " or the J u d g e " .

49

Omit " or a Jus t ice " , insert " or the J u d g e '

omit " or Jus t ice ",

insert " or J u d g e

;

Omit " or Jus t ice " (wherever occurring), insert

or

J u d g e

52

Omit " or a Jus t ice ", insert " or the J u d g e " .

53

I

:.V Omit " or a Jus t ice " , insert " or t h e J u d g e " omi t " or Jus t ice ",

insert " or J u d g e " .

lil	Omit " or a Jus t ice " , insert "	or the Judge " .
64	Omit " High Court ", insert "	Supreme C o u r t " .
65	Omit " or a Jus t ice ", insert	" or the J u d g e " ; omit " or Jus t ice "

(wherever occurring), insert ' or J u d g e " .

71)              Omi t " or a Jus t ice " (wherever occurring), insert " or the Judge " .

7i Omit from sub-section (1.) " sub-rule " , insert " sub-section " ; omit

from sub-section (3.) " r u l e " , insert " s e c t i o n " ; omit from

sub-section (3.) " or a Jus t ice " , insert " or the Judge " .

SCHEDULE—oontiwne(f.

Section. Extent of Amendment.

92            Omit " or a Justice ", insert " or the Judge ".

93            Omit " or a Justice ", insert " or the Judge ".

95            Omit " or a Justice " (wherever occurring), insert " or the Judge ".

96            Omit " or a Justice ", insert " or the Judge ".

97            Omit " or a Justice ", insert " or the Judge " ; omit " or Justice '

insert " or Judge "

98	Omit " or a Justice	(wherever occurring), insert " or the Judge ",
100	Omit " or a Justice	, insert " or the Judge " ; omit " or Justice ",

insert " or Judge "

104            Omit " or a Justice ", insert." or the Judge

109	Omit " or a Justice ", insert ' ' or the Judge ".
11]	Omit " or a Justice insert " or the Judge " omit " or Justice '

insert " or Judge ".

113 Omit " or a Justice ", insert or the Judge ".

114            Omit " or Justice ", insert " or Judge ".

115            Omit " or Justice ", insert " or Judge ".

116            Omit " or Justice " (wherever occurring), insert " or Judge ".

124            Omit " or a Justice " (wherever occurring), insert " or the Judge " ;

omit " or Justice ", insert " or Judge ".

129            Omit " The Justices of the High Court or a majority of them ", insert

" The Judge of the Court ".

Dated this eighteenth day of August, 1937.

WAKEHURST

Deputy of the Governor-General.

By His Excellency's Command,

ROBERT G. MENZIES

for Minister of State for the Interior.

By Authori ty: L, F. JOHNSTON, Commonwealth Government Printer, Canberra.