Administration and Probate Act (No 2) 1974 (ACT)

No. 43 of 1974

AN ORDINANCE

To amend the Administration and Probate Ordinance

1929-1970, as amended by the Administration and

Probate Ordinance 1974.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under

the Seat of Government (Administration) Act 1910-1973.

Dated this tenth day of October, 1974.

JOHN R. KERR Governor-General.

By His Excellency's Command,

LIONEL MURPHY

Attorney-General.

ADMINISTRATION AND PROBATE ORDINANCE (No. 2) 1974

1. (1) This Ordinance may be cited as the Administration and

Probate Ordinance (No. 2) 1974.*

(2) The Administration and Probate Ordinance 1929-1970,f as

amended by the Administration and Probate Ordinance 1974,$ is in

this Ordinance referred to as the Principal Ordinance.

(3) Section 1 of the Administration and Probate Ordinance 1974

is amended by omitting sub-section ( 2 ) .

t O r d i n a n c e N o . 2 7 , 1 9 7 4 .

(4) The Principal Ordinance, as amended by this Ordinance, may

be cited as the Administration and Probate Ordinance 1929-1974.

2.   Section 87 of the Principal Ordinance is amended—

(a) by omitting from sub-section (1) the words " The Curator " and substituting the words "Subject to sub-section ( 3 ) , the Curator "; and

(b) by adding at the end thereof the following sub-section:—•

" (3) This section does not apply to or in relation to an estate the

value of which does not exceed $30,000.00.".

• N o t i f i e d in t h e Australian Government Gazette o n 18 O c t o b e r 1 9 7 4 .

t O r d i n a n c e N o . 18 , 1929 , a s a m e n d e d b y N o . 11 , 1 9 3 0 ; N o . 13 , 1 9 3 2 ; N o . 9 , 1 9 3 3 ; N o s . 2 a n d 6, 1 9 3 4 ; N o s . 3 ,

13 a n d 2 7 , 1 9 3 7 ; N o . 3 5 , 1 9 3 8 ; N o . 7, 1 9 4 3 ; N o . 15, 1 9 4 7 ; N o . 16, 1 9 5 0 ; N o . 5, 1 9 5 3 ; N o . 2 , 1 9 5 4 ; N o . 6, 1 9 6 0 ;

N o . 2 0 , 1 9 6 5 ; N o . 9 , 1 9 6 7 ; N o . 16. 1 9 6 9 ; a n d N o . 2 5 , 1 9 7 0 .

3.   Section 130 of the Principal Ordinance is amended—

(a) by omitting the words "The fees" and substituting the words "Subject to sub-section ( 2 ) , the fees"; and

(b) by adding at the end thereof the following sub-section:—

" (2) No fees are payable in respect of an estate the value of which

does not exceed $30,000.00.".

4 . The Principal Ordinance is amended as set out in the Schedule

to this Ordinance.

SCHEDULE section 4

Provision amended Omit— Substitute—

Section 75	Two thousand dollars	$30,000.00
Section 77 (1 ) (b)	Two thousand dollars	$30,000.00
Section 87B (1) (a)	Five hundred dollars	$5,000.00
Section 87c (1) (b)	Two thousand dollars	$30,000.00
Section 87c (8)	Two thousand dollars	$30,000.00