Church of England (Diocesan Trustees) Act Amendment Act 1975 (WA)

WESTERN AUSTRALIA.

CHURCH OF ENGLAND (DIOCESAN TRUSTEES).

No. 101 of 1975.

AN ACT to amend the Church of England (Diocesan

Trustees) Act, 1888.

[Assented to 1st December, 1975.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Church of

England (Diocesan Trustees) Act Amendment Act,

1975.

and citation.

Act 52 Viet.,

(2) In this Act the Church of England (Diocesan Trustees) Act, 1888 as amended by Acts Nos. 34 of

No. 2, as

amended

by Acts Nos.

1918, 81 of 1966, 66 of 1969, and 55 of 1973 is referred

34 of 1918, 81

of 1966, 66

to as the principal Act.

of 1969, and

55 of 1973.

No. 101.] Church of England (Diocesan [1975.

Trustees).

(3) The principal Act as amended by this Act may be cited as the Church of England (Diocesan Trustees) Act, 1888-1975.

Section 3A

amended. 2.

Subsection (3) of section 3A of the principal Act is amended by inserting after the word "shall", in line eight, the passage ", after deducting fees and commissions charged pursuant to section 3BA of this Act,".

Section 3BA

added. 3. The principal Act is amended by adding after

section 3B a section as follows-

Fees and

commissions. 3BA. (1) In addition to all moneys properly expended by the Trustees and chargeable against trusts administered by them, the Trustees may, subject to subsection (2) of this section, from time to time charge fees and commissions

(a)	in respect of the capital of any such trust created after the coming into operation of this section; and
(b)	in respect of the income of any such trust created before or after the coming into operation of this section,

and retain those fees and commissions or receive them against, from or out of such capital or income, as the case requires.

(2) The fees and commissions charged from time to time pursuant to subsection (1) of this section

(a) shall not exceed the fees and commis- sions which Trustee Companies may from time to time lawfully charge, retain or receive against, from or out of the capital or income, as the case requires, of estates, trusts, or funds committed to their administration; or

1975.] Church of England (Diocesan [No. 101.

Trustees).

(b) if those last mentioned fees and com- missions differ, shall not exceed the average thereof.

(3) Any act, matter, or thing, for or with respect to which provision is made in this section, made, done, or executed before the coming into operation of this section which would have been lawful if this section had been in force at the time such act, matter, or thing was made, done, or executed is hereby validated.

In subsection (2) of this section "Trustee Companies" means the companies on which powers are conferred respectively by The Perpetual Executors, Trustees and Agency Company (W.A.) Limited Act, 1922 and The West Australian Trustee Executor and Agency Company Limited Act, 1893. .

(4)

4. Section 3C of the principal Act is amended by =.0

deleting the passage "or 3B", in line one, and insert-

ing in lieu thereof the passage ", 3B, or 3BA".