Public Curator Acts Amendment Act of 1954 (3 Eliz Ii No. 33) (Qld)

TEUSTEES AND EXECUTOES. 3 E liz . II. No. 33, 1954. Public Curator Acts Amendment Act. 455 TRUSTEES AND EXECUTORS. An Act to Amend “ The Public Curator Acts, 1915 3 to 1947,” in certain particulars. ' [A ssented to 28 th O ctober , 1954.] C urator A cts A mendment A ct of 1954- E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1 (1.) This Act may be cited as “The Public Short Curator Acts Amendment Act of 1954.” (2.) *“ The Public Curator Acts, 1915 to 1947,” are in^“ciP£l1 this Act referred to as the Principal Act. ' (3.) The Principal Act and this Act may be Collecti collectively cited as “ The Public Curator Acts, 1915 to trt e' 1954.” 2. (1.) Subsection two of section seventeen of the Principal Act is amended by adding thereto the following 0 s‘ paragraph, namely :— “ In the taxation of any bill of costs the public curator shall be entitled to be allowed fees of any office counsel although such fees are not vouched by the signature of such counsel or payment thereof proved by affidavit, and the rules relating to costs of the Supreme Court of Queensland shall apply subject to this paragraph accordingly.”. (2.) The amendment of the Principal Act made by subsection one of this section shall be deemed to have been made therein on the first day of July, one thousand nine hundred and fifty-three, and shall operate retrospectively accordingly. ‘ 3. Subsection seven of section 21 a of the Principal Act is amended by adding to paragraph (ii.) thereof ' ' ’ the following subparagraph, namely :— “ (g) As an advance by way of loan to a local body under and within the meaning of The Local Bodies' Loans Guarantee Acts, 1923 to 1936,” * 6 G. 5 No. 14 and amending Acts, t 14 G. 5 No. 8 and amending Acts.

456 TRUSTEES AND EXECUTORS. Public Curator Acts Amendment Act. 3 E liz . II. No. 33, the repayment whereof and the payment of interest at the agreed rate whereon shall have been guaranteed under that Act by the Treasurer of Queensland on behalf of the Government thereof.”. Amendments of s 39 a ’ ‘ 4. Section 39 a of the Principal Act is amended— (a) By repealing the words “ in the hands of the public curator ” and by inserting, in lieu of those repealed words, the words “ coming into the hands of the public curator for administration” ; and (6) By repealing the words “ twenty-five pounds ” and by inserting, in lieu of those repealed words, the words “ fifty pounds ”. Amendments 5. Section fifty-five of the Principal Act is of8-65- amended— (a) By repealing in subsection two the words “ and vouchers ” wherever those words appear and by inserting, in lieu of those words wherever so repealed, the words “ vouchers, documents, correspondence, and papers”; and (b) By repealing in subsection six the word “ documents ” and by inserting, in lieu of that repealed word, the words “ book, account, voucher, document, correspondence, paper, security, or document of title ”. Amendments 6. Section fifty-eight of the Principal Act is °f s. 38 . amended— (а) By inserting in the first proviso to subparagraph (xiv.) of the first paragraph, after the word “ appropriation ” where secondly appearing in that first proviso, the words “ and whose whereabouts are known to the public curator ” ; (б) By repealing the second proviso to the said subparagraph (xiv.) and by inserting, in lieu of that repealed proviso, the following proviso, namely:— “ Provided further that where any person interested is out of the jurisdiction, or the whereabouts of any person interested are unknown to the public curator, the aforesaid period of one month may be extended by the court, for such period as the court thinks fit, on the application of the public curator or of any person interested.” ; and

TRUSTEES AND EXECUTORS. 457 1954. Public Curator Acts Amendment Act. (c ) By inserting in subparagraph (xxi.) of the first paragraph, after the words “ improvement or development thereof”, the words “ or in the purchase of livestock, machinery, plant, implements, and other chattels 7. Section 67 a of the Principal Act is amended by Amendment repealing the words “ six months ” and by inserting, in ofs' 67A‘ lieu of those repealed words, the words “ three months 8. Section 70 a of the Principal Act is amended by Amendment repealing the words “two hundred pounds” and byof70A‘ inserting, in lieu of those repealed words, the words “ five hundred pounds ”. 9. Section seventy-two of the Principal Act is Amendment amended by repealing the first paragraph and byof s-72, inserting, in lieu of that repealed paragraph, the following paragraph, namely :— “ Where the net residue of an intestate estate under administration by the public curator does not exceed one thousand pounds in value, the public curator may apply the share to which any infant is entitled therein towards the maintenance, education, and advancement of that infant or may pay the same for such purposes to that infant, or to any person on his behalf to be so applied without seeing to the application thereof or being responsible for such application, or for the mis-application or non-application thereof.”. 10. Section seventy-three of the Principal Act is Repeal of repealed. s- 73, 11. Subsection one of section seventy-four of the Amendment Principal Act is repealed and, in lieu of that repealedof s‘ 74‘ subsection, the following subsection is inserted, namely :— “ (1.) Where an estate whether testate or intestate is under administration by the public curator, and an infant is entitled to a share therein, the public curator may, at his sole discretion, apply for the maintenance, education, advancement or otherwise for the benefit of such infant, during minority, the whole or any part of the income of the share to which such infant is entitled in possession; and may, at his sole discretion, apply for the like purposes any part or parts, not exceeding one-half of the corpus or capital, of the share to which

458 TRUSTEES AND EXECUTORS. Public Curator Acts Amendment Act. 3 E liz . II. No. 33, the infant is entitled in possession or reversion immediately expectant on a prior life interest; but no such application of a reversionary share shall be made without the previous consent in writing of the person on whose death such prior interest is determinable : Provided that the public curator may, instead of himself so applying such income, corpus, or capital, pay the same to any person to be so applied, without seeing to the application or being answerable for the mis-application or non-application thereof: Provided further that in any case in which there are sufficient moneys available for the purpose, the public curator may, for the purposes aforesaid, apply the corpus of the share to which any infant is entitled in possession in excess of the limit hereinbefore prescribed. Nothing in this subsection shall apply to a case— (a) Where provision is expressly made for the maintenance, education, advancement, or otherwise for the benefit of an infant, unless such provision is insufficient, of which insufficiency the public curator shall be sole judge; or ( b ) Where provision is expressly made against any such application.”. Amendment 12. Subsection one of section seventy-seven of the ofs.77(i). Principal Act is amended by repealing the words “in Queensland ” and by inserting, in lieu of those repealed words, the words “ in the Commonwealth of Australia ”. Amendment 13. Subsection two of section 85c of the Principal of s. 85c ( 2 ). Act is amended by adding the words “ but until it has been rescinded or, in the case of the death of the protected person, a grant of probate of the will of such .person or of letters of administration with or without the will annexed, or an order to administer the estate of such person, has been made by the Court or an election to administer such estate has been filed in the Court a protection order shall, subject to any variation as aforesaid, remain of full force and effect and the public curator shall, notwithstanding the death of the protected person, have and be capable of exercising subject to any such variation as aforesaid, all of the powers conferred upon him in and by the protection order, or by this Act, or by any order of the court

1954. TRUSTEES AND EXECUTORS. Public Curator Acts Amendment Act. 459 14. Section 85 d of the Principal Act is amended— Amendment* 1 of s. 85 d . (i.) By repealing paragraph (d) and by inserting, in lieu of that repealed paragraph, the following paragraph namely:— “ ( d) To apply any moneys whether arising from real or personal property, and whether income or capital— (i.) In or towards the payment of any debt, obligation, or liability of the protected person or incurred by the public curator in the exercise of the powers conferred upon him by this Part of this Act or by any order of the court; (ii.) In his discretion and in such manner and to such extent as he thinks fit, for the maintenance or benefit of the protected person, and the wife or husband of the protected person, and for the maintenance, education, advancement, or benefit of the children of the protected person ; ” ; and (ii.) By adding the following paragraphs, namely :— “ (h) To lease or concur in leasing any property of the protected person for any term not exceeding two years (to take effect in possession within six months of the date of the lease), or from year to year, or for a weekly, monthly, or other like tenancy, or at will; ( i) To pay premiums on any policy of life assurance for which the protected person is liable and to surrender any such policy or have any such policy converted into a paid-up or other suitable policy ; (j) To repudiate or refuse to recognise contracts or transactions of every description to which the protected person is or, prior to the making of the protection order, became a party, to the same extent as the protected person could have done had the protection order not been made and, to the like extent, to elect in the name of and on behalf of the protected person to avoid any such contract or transaction.”.

460 TRUSTEES AND EXECUTORS. Public Curator Acts Amendment Act. 3 E liz . II. No. 33, Amendment 15. Subsection one of section 85 e of the Principal of s. 85 e (i). Act is amended by adding the following paragraph, namely:— “ (h) Authorise the public curator to bring or defend any action, suit, or other proceeding in respect of any contract or transaction mentioned in paragraph (j) of section 85 d of this Act, or in respect of any matter related to the property of the protected person.”. New s. 85 fa 16. The following section is inserted after section inserted. 85 f Q£ Principal Act, namely :— Public “ [85 fa .] The public curator may, in the name and app1y°uxXr on behalf of any protected person, and whether such “The protected person is possessed of any estate or not, make Te ^ sta ^ tor ’a any application to the court under the provisions of "Maintenance *“ The Testator's Family Maintenance Acts, 1914 to 1952,” 1962 ’’914 t0 which that person is (or, if he were not a protected person, would be) entitled to make, or may apply to the court for advice or directions as to whether he ought so to apply ; and, in the latter case, the court may treat such application as an application on behalf of such person for the purpose of avoiding the effect of limitation.” Amendment 17. Section 85 k of the Principal Act is amended— of s. 85 k . (а) By repealing in the proviso to subsection one the words “Provided that if such party ” and by inserting, in lieu of those repealed words, the words “ Provided that if the public curator or such party ” ; and (б) By adding the following subsection, namely :— “ (4.) Unless the court otherwise orders the costs of the public curator as between solicitor and client of and incidental to any application for a protection order or for a variation or rescission of a protection order shall be payable out of the property of the person in respect of whom such application is made whether or not such application is granted and whether or not the person in respect of whom the application is made is then living or dead and the public curator shall also, unless the Court otherwise orders, be entitled to be paid and to recover from the property of the protected person, whether living or dead, all costs as between solicitor and client properly incurred by him of and * 5 G. 5 No. 26 and amending Acts.

TRUSTEES AND EXECUTORS. 461 1954. Public Curator Acts Amendment Act. incidental to any proceedings taken by or against him in consequence of his acting in pursuance and exercise of any powers and duties conferred or imposed upon him by this Part of this Act or by the court: Provided however that nothing hereinbefore in this subsection contained shall in any wise prejudice the right of the public curator to recover costs adjudged to be paid by any other person in respect of any such application or proceedings from such person or affect the liability of such other person in respect of such costs.”. 18. Subsection two of section 85 n of the Principal Amendment Act is repealed and, in lieu of that repealed subsection, 0 s' N' the following subsection is inserted, namely :— “ (2.) The expenses, remuneration,and other charges aforesaid shall be payable out of the estate of the protected person notwithstanding the death of the protected person and whether or not the authority of the public curator to administer that estate under the provisions of this Part of this Act shall have ceased before payment thereof.”. 19. Section eighty-eight of the Principal Act is Amendment amended by repealing in paragraph (a) the words “ The of s'88, income thereof” and by inserting, in lieu of those repealed words, the words “ The capital and income thereof ”.20 20. Section one hundred and one of the Principal Amendments Act is amended— of s'101' (а) By numbering the first paragraph as subsection one ; (б) By adding to subsection one (as so numbered by paragraph (a) of this section) the following proviso, namely :— “ Provided however that, if the public curator is of the opinion that the gross value of any such property does not exceed five hundred pounds and is satisfied as aforesaid of the advisability of so doing, he may, without making application as aforesaid to the court, take possession of that property and thereupon shall have and may exercise all of the powers conferred on him by this Division of this Act.” ; (c) By numbering the second paragraph as subsection two; and

462 TRUSTEES AND EXECUTORS. Public Curator Acts Amendment Act. 3 E liz . II. No. 33, (d) By inserting in subsection two (as so numbered by paragraph (c) of this section) after the words “ order of the court ” the words “or, in the case of property taken possession of by the public curator under this section without the authority of an order of the court, the date of such taking possession Amendment of s. 103 . 21. Section one hundred and three of the Principal is amended by repealing the second paragraph and inserting, in lieu of that repealed paragraph, the following paragraph, namely :— “ This section does not apply in respect of property the value whereof is estimated by the public curator to be less than fifty pounds.”. afs61io8 6nts 22. Section one hundred and eight of the Principal ‘ Act is amended by repealing the definition “ Company ” and by inserting, in lieu of that repealed definition, the following definition, namely :— Company. “ “ Company ”—Every company which, having for its object the acquisition of gain— (a) Is registered or incorporated in Queensland under any Act having the force of law in Queensland relating to companies ; or ( b ) Carries on business in Queensland, but is registered or incorporated elsewhere than in Queensland: The term includes— (i.) A receiver; and (ii.) A building society registered under *“ The Building Societies Acts, 1886 to 1943 ” ; and (iii.) A co-operative society registered under f“ The Co-operative Societies Acts, 1946 to 1951 ” ; and (iv.) A primary producers’ co-operative association registered under The Primary Producers’ Co-operative Association Acts, 1923 to 1934 ” ; and (v.) The Southern Electric Authority of Queensland and any other public authority of the State of Queensland ; and * 50 V. No. 34 and amending Acts, t 10 G. 6 No. 50 and amending Act. j 14 G. 5 No. 45 and amending Acts.

TRUSTEES AND EXECUTORS. 463 1954. Public Curator Acts Amendment Act. (vi.) Queensland Trustees Limited and The Union Trustee Company of Australia Limited; and (vii.) Persons or firms carrying on business as traders within Queensland including all such persons or firms who or which act as attorneys, agents, or private bankers for individuals, firms, or companies ; and (viii.) Such other companies, authorities, corporations, associations, organisations, societies, firms, persons, and classes of persons as the Governor in Council by Order in Council shall from time to time declare shall be included in the term ; 23. Section one hundred and ten of the Principal Amendment Act is amended— ofS. no. (а) By repealing in the third paragraph of subsection one the words “ in the Gazette annually during ” and by inserting, in lieu of those repealed words, the words “ once annually in the Gazette in ” ; (б) By repealing in the first paragraph of subsection two the word “ first ” ; and (c) By repealing the first paragraph of subsection four and by inserting, in lieu of that repealed paragraph, the following paragraphs, namely : — “ The public curator may at any time, if he has reason to believe that an entry should have been made as required by subsection one of this section, examine any books, vouchers, accounts, documents, or papers as may be necessary for the public curator to determine whether such entry as aforesaid has, or should have been made by the company, of which necessity the public curator shall be the sole judge, and may for that purpose require the production before him, or before such person as he may appoint, of any books, vouchers, accounts, documents, or papers. Any company which refuses examination, or makes default in or refuses production of any books, vouchers, accounts, documents, or papers, as required by the first paragraph of this subsection shall be liable to a penalty not exceeding two pounds for every day during which such refusal or default continues.”

464 TRUSTEES AND EXECUTORS—VAGRANTS. Vagrants, Gaming, Etc., Act. 4 E liz . II. No. 2, 1955 Cm ss o . emn 1 t 4 m , eo 1 n 5 fc , e­ eight2ee4n. o(f1.t)hiSsecAticotnsshaflol ubreteednee, mfeidfteteon,hasviextceoemn,e ianntod 16, and 18. operation on the eighth day of September, one thousand nine hundred and twenty-four, and shall operate retrospectively accordingly. (2.) This section applies so as not to prejudice or affect the rights of any party to any judgment of a court of competent jurisdiction in any case where the judgment was given prior to the first day of July, one thousand nine hundred and fifty-three, or the rights of any party upon appeal from such a judgment. VAGRANTS. An Act to Amend “The Vagrants, Gaming, and Other Offences Acts, 1931 to 1949,” in a certain particular. 4 E liz . II. No. 2. [A ssented to 14 th A pk . il , 1955.] T he B V agrants , G aming , and O ther O ffences A mendment E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, A1 c 9 t 55 o . f and by the authority of the same, as follows:— Short title. Principal Act. 1. (1.) This Act may be cited as “ The Vagrants, Gaming, and Other Offences Acts Amendment Act of 1955.” (2.) *“ The Vagrants, Gaming, and Other Offences Acts, 1931 to 1949,” are in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be collectively cited as “ The Vagrants, Gaming, and Other Offences Acts, 1931 to 1955.” Collective 2. Section seven of the Principal Act is amended title. by repealing the words “liable to a penalty of five pounds or to imprisonment for one month ” and by inserting, in lieu of those repealed words, the words oAfms. en7.dment f“olriasbixlemtoonathspe” n. alty of fifty pounds or to imprisonment * 22 G. 5 No. 27 and amending Acts. WAGES. See L abour .