South Australia
Public Trustee Act 1995
An Act to provide for the office and functions of the Public Trustee; and for other purposes.
Contents
Part 1—Preliminary
1 Short title
3 Interpretation
Part 2—Office of Public Trustee
4 Public Trustee
5 Functions and powers
6 Ministerial control
7 Execution of documents
8 Delegations
Part 3—Appointment as administrator, trustee etc
9 Administration of deceased estate
10 Public Trustee need not give security
11 No action to be instituted after Public Trustee has obtained administration
12 Administrator pendente lite
13 Administration of trust estate
14 Appointment as executor or trustee
15 Appointment of Public Trustee by executors, administrators or trustees
16 Appointment by court as trustee of amount of judgment etc
17 Custodian trustee
18 Power of attorney continues despite subsequent legal incapacity
Part 4—Administration of estates
19 Payments to or from executors etc elsewhere in Australia or in New Zealand
20 Public Trustee must require delivery or transfer of property to which Public Trustee is entitled
21 Court may summons administrator etc on application of Public Trustee
22 Result of disobedience to summons
23 Public Trustee to give notice to beneficiary entitled to property
24 Administration of Public Trustee may be referred to Court
25 Public Trustee may make advances for purposes of administration
26 Public Trustee to keep accounts in respect of estates etc
Part 5—Investment of estate funds and common funds
27 Investment of estate funds
28 Money from several estates may be invested as one fund
29 Common funds
30 Accounts, audits and reports in respect of common funds
31 Information for investors or prospective investors in common fund
Part 6—Unclaimed property
32 Public Trustee's duties with respect to unclaimed money or land
33 Provision for parties subsequently claiming to apply to Court etc
34 Appointment as manager of unclaimed property
35 Powers of Public Trustee as manager
36 Public Trustee to have discretion as to exercise of powers as manager
37 Public Trustee may apply to Court for directions
38 Money to be invested in common fund
39 Remuneration and expenses of Public Trustee
40 Property managed by Public Trustee to be held for owner
41 Termination of management
42 Transfer of unclaimed property to Crown
Part 7—Financial and other provisions
43 Expenditure of money on land
44 Fee for administering perpetual trust
45 General provision relating to Public Trustee's charges
45A Recovery of GST
46 ADI accounts, investment and overdraft
47 Tax and other liabilities of Public Trustee
48 Dividends
49 Responsibility of Government for acts of Public Trustee
50 Accounts and external audit
51 Annual reports
52 Certain documents may be deposited with Public Trustee for safe keeping
53 Certificate by Public Trustee of appointment to act
54 Indemnity to persons having dealings with Public Trustee
55 Regulations
Schedule 1—Transitional provisions
1 Interpretation
2 Public Trustee
3 Court orders etc continued
4 Appointments to continue
5 Catherine Helen Spence Memorial Fund
6 Common funds
7 Accounts
Legislative history
Appendix—Divisional penalties and expiation fees
The Parliament of…