Public Trustee Act Amendment Act 1978 (WA)

WESTERN AUSTRALIA.

PUBLIC TRUSTEE.

No. 25 of 1978.

AN ACT to amend the Public Trustee Act,

1941-1975.

[Assented to 18th May, 1978.]

BiE 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:-

1. (1) This Act may be cited as the Public Trustee

Act Amendment Act, 1978. and citation.Short title

(2) In this Act the Public Trustee Act, 1941-1975 Reprinted as approved for

is referred to as the principal Act.	reprint In
Vol. 22 of the Reprinted

(3) The principal Act as amended by this Act may Mar 119, tP869 and amended

be cited as the Public Trustee Act, 1941-1978.	by Acts Nos.	28 of 1972
and 1 of 1975.

No. 25.] Public Trustee. [1978.

Commence-

ment. 2. (1) Subject to subsection (2) of this section,

this Act shall come into operation on the date that

it receives the Royal Assent.

(2) Sections 3, 4 and 6 of this Act shall come into

operation on a date to be fixed by proclamation.

Section 10

amended. 3.

Subsection (4) of section 10 of the principal Act is amended by deleting the word "five" in line twelve and substituting the word "ten".

Section 14

amended. 4. Section 14 of the principal Act is amended

(a)	as to subsection (1), by deleting the word "five" in line six and substituting the word "ten"; and
(b)	as to subsection (4), by deleting the word "five" in line three and substituting the word "ten".

Sections 30

and 31	5. Sections 30 and 31 of the principal Act are
and

repealed	repealed and re-enacted as follows-
re-enacted.
Public

Trustee may	30. (1) Where the Public Trustee has the
authorise

proper	care and management of the property, estate
officers in
other juris-	and affairs of a person in this State who is an
dictions to
administer	incapable patient or an infirm person and it
property of
incapable	appears to the Public Trustee that that person
patients or
infirm per-	is possessed of or entitled to, or has an interest
sons.
in property in any State (other than this State), or a territory of the Commonwealth or in New Zealand, he may, by instrument in writing under his hand and seal directed to the officer of that State or territory or that country who is or may be charged by or under the laws of that State or territory or of that country to manage the affairs, property or estates of persons who are, however described under the laws of that State or territory or of that country, incapable of managing their property, estates and affairs by reason of senility, disease, illness or physical or mental infirmity-

1978.] Public Trustee. [No. 25.

(a)	certify that he has the care and management of the property, estate and affairs of the person named in the instruments; and
(b)	authorise that officer to collect, manage, sell or otherwise administer any property in that State or territory or in that country which the person named in the instrument is possessed of or is entitled to or which he appears to be entitled to or in which he has or appears to have an interest.

(2) The Public Trustee may give a discharge to the officer mentioned in subsection (1) of this section, on the payment over, or delivery, to the Public Trustee of the balance of the moneys or other property of the person named in an instrument given under subsection (1) of this section, after payment of all costs, charges and expenses incurred by that officer in the exercise of the authority given him under that sub- section and after satisfying, or making provisions for, the debts of the person named in the instrument and claims against him of any persons residing in the other State or ter- ritory or that country.

Power of

31. (1) Where the officer charged by or Public Trus- tee to act on

under the laws of any State (other than this

certificates

issued by

State), or a territory of the Commonwealth or

proper

the laws of New Zealand with the management

officers in

other juris-

of the affairs, property or estate of a person in

dictions.

that State or territory or that country who is, however described under the laws of that State or territory or that country, incapable of managing his property, estate or affairs by reason of senility, disease, illness or physical or mental infirmity, by instrument in writing under his hand and seal

(a) certifies to the Public Trustee that he has the care and management of the property, estate and affairs of that person; and

No. 25.] Public Trustee. [1978.

(b) authorises the Public Trustee to collect, manage, sell or otherwise dispose of or administer any property in this State which the person named in the instru- ment is possessed of or is entitled to or which he appears to be entitled to or in which he has or appears to have an interest,

the Public Trustee shall have with respect to that property the powers conferred upon him under this Act as though the person named in the instrument were an incapable patient or an infirm person in this State.

(2) The Public Trustee may, without seeing to the application thereof and without liability therefor, pay over, or deliver, to the officer mentioned in subsection (1) of this section the balance of any moneys or property received by him pursuant to that subsection after the pay- ment of all costs, charges and expenses incurred in or about the exercise of his powers and after satisfying, or providing for, the debts of the person named in the instrument referred to in

subsection (1) of this section and claims against

him of any person residing in this State of which

he has had notice.

Section 38

amended. 6. Section 38 of the principal Act is amended by

repealing paragraphs (a) and (b) of subsection (2)

and substituting the following paragraphs

(a) as to the gross capital of an estate which-

(i)    does not exceed three hundred dollars, the sum of thirty dollars;

(ii)    exceeds three hundred dollars but does not exceed two thousand dollars, ten per centum;

(iii)    exceeds two thousand dollars, the sum of two hundred dollars or four per centum whichever is the greater;

1978. ] Public Trustee. [No. 25.

(b) as to the income of any estate

(i)    in relation to income derived from rent, such amount expressed as a percentage or otherwise as applies under the scale adopted by the body known as the Real Estate Institute of Western Australia;

(ii)    in relation to income derived from sources other than rent, six per centum,

but this paragraph does not apply where the Public Trustee is acting merely as agent or attorney. .