Public Trustee (Amendment) Act 1977 (NSW)

PUBLIC TRUSTEE (AMENDMENT) ACT, 1977

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ELIZABETHS II BEGINS

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Act No. 41, 1977.

An Act to amend the Public Trustee Act, 1913, and to

validate certain matters. [Assented to, 15th April, 1977.]

Act No. 41, 1977.

Public Trustee (Amendment).

D E It enacted by the Queen’s Most Excellent Majesty, by •D and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1. This Act may be cited as the “Public Trustee

(Amendment) Act, 1977”.

Commence-

(1) Except as provided in subsections (2) and (3),

ment

jjjjg

commence on the date of assent to this Act.

(2) Section 5 shall be deemed to have commenced on

14th February, 1975.

(3) Schedule 1 (3) shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Schedules.

This Act contains the following Schedules :—

SCHEDULE 1.—Amendments to the Public

Trustee Act, 1913.

SCHEDULE 2.—Amendments to the Public Trustee Act, 1913, by way of Statute Law R evision.

Amendment

4. The Public Trustee Act, 1913, is amended in the

19^9^^°

manner set forth in Schedules 1 and 2.

Act No. 41, 1977.

Public Trustee (Amendment).

5. The regulation purporting to have been made under Validation—

the Public Trustee Act, 1913, and published in Gazette No. pa^’biê to'*

35 of 14th February, 1975, is amended—•	the public
trustee.

(a)	by omitting from paragraph (a) (i) of that regulation the matter where firstly, secondly and thirdly occurring and by inserting instead the matter

and

(b)	by omitting from paragraph (a) (iv) of that regula tion the matter “S” where firstly, secondly and thirdly occurring and by inserting instead the matter

SCHEDULE 1.

3ec.4.

Amendments to the Public Trustee Act, 1913.

(1) Section 7 (2 )—

At the end of section 7, insert:—

(2) The public trustee—

(a)	may take proceedings and be proceeded against in its corporate name;
(b)	may, notwithstanding any other provision of this Act, for the purposes for which it is constituted, purchase, exchange, take on lease, hold, dispose of and otherwise deal with property; and
(c)	may do and suffer all other things that bodies corporate generally may, by law, do and suffer and that are necessary for or incidental to the purposes for which it is constituted.

SCHEDULE

Act No. 41, 1977.

Public Trustee (Amendment).

SCHEDULE 1—continued.

Amendments to the Public Trustee Act,

1913—continued.

(2) (a) Section 18a (1 )—

Omit “four thousand dollars”, insert instead

“515,000”.

(b) Section 18a (1 )—•

Omit “and seal”, insert instead “, or the hand of the chief trust officer or the solicitor to the public trustee, and sealed with the public trustee’s seal”.

Omit “four thousand dollars”, insert instead

“$15,000”.

(d) Section 18a (2 )—

Omit “and seal”, insert instead “, or the hand of the chief trust officer or the solicitor to the public trustee, and sealed with the public trustee’s seal”.

(e) Section 18a (3a) (a )—

Omit “four thousand dollars”, insert instead

“$15,000”.

(f) Section 18a (3a) (a )—

Omit “and seal”, insert instead “, or the hand of the chief trust officer or the solicitor to the public trustee, and sealed with the public trustee’s seal”.

(g) Section 18a (4) —

Omit “thirty miles”,	insert instead	“50
kilometres”.

(h) Section 18a (5 )—

Omit “six thousand dollars”, insert instead

“$20,000” .

SCHEDULE

Act No. 41, 1977.

Public Trustee {Amendment).

SCHEDULE 1—continued.

Amendments to the Public Trustee Act,

1913—continued.

(i) Section 18a (5 )—

After “hand”, insert “, or the hand of the chief trust officer or the solicitor to the public trustee,”.

(j) Section 18a (5a)—

After “hand”, insert “, or the hand of the chief trust officer or the solicitor to the public trustee,”.

(3) Section 33—

Omit the section.

(4) Section 34 (2 )—

At the end of section 34, insert :—

(2) A reference in subsection (1) to a minor being entitled to moneys in the hands of the public trustee includes a reference to a minor who is entitled to those moneys contingently on attaining an age specified in the instrument creating the entitlement.

(5) .Section 34c—

After section 34b, insert :—

34c. (1) On the death of a person to whom a sum Payment of

of money, not exceeding $2,000, is payable by the

public trustee, the public trustee may, without requir- grant of

ing administration to be taken out in the estate of that

person, pay that sum or any part of that sum to a

person who the public trustee considers is entitled to

that sum or part.

SCHEDULE

Act No. 41, 1977.

Public Trustee {Amendment).

SCHEDULE 1—continued.

Amendments to the Public Trustee Act,

1913—continued.

(2) A payment made in good faith pursuant to subsection (1) shall be valid against all persons and the public trustee shall be absolutely discharged from all liability in respect of any money so paid by him.

(3) A person to whom money is paid pursuant to subsection (1) shall be liable to apply that money in the due course of administration and the public trustee may, if he thinks fit, without being liable to see to the application of that money, require that person to give sufficient security, by bond or otherwise, that that money will be so applied.

(4) The public trustee shall notify the Commissioner of Stamp Duties of any payment made pursuant to subsection (1) within 30 days after the making of that payment.

(5) Nothing in this section affects any right of a person to claim or recover money paid pursuant to subsection (1) from a person other than the public trustee.

(6) Section 35 (2) —

Omit the subsection.

(7) Section 36g—

After section 36f , insert : —

Investment	36g. (1) The public trustee shall, within one day
in common

fund by

after the date of receipt by him, pay into the common

the Court.

fund such money as is forwarded to him for that

purpose by a registrar of the Court.

SCHEDULE

Act No. 41, 1977.

Public Trustee {Amendment).

SCHEDULE 1—continued.

Amendments to the Public Trustee Act,

1913—continued.

(2) The public trustee shall repay to a registrar of the Court, on demand by him, money paid into the common fund by that registrar under sub section (1) together with interest on that money calculated in accordance with section 36a (3) and

(4).

(8 ) Sections 43a, 43b—

After section 43, insert:—

Entitlement to costs in certain cases.

43a. On an application by the public trustee, Application

whether in common or in solemn form, for probate of any will, or for administration with a will annexed, the public trustee shall be entitled to his costs out of the estate, and shall not be liable for the costs of any other person.

43b. Where the beneficiaries entitled under any Application

intestacy cannot agree as to the person to be appointed	intestacy,
administrator and the public trustee, at the request of any one or more of those beneficiaries, applies for administration, he shall not be liable for the costs of any other person and shall be entitled to his costs out of the estate, whether or not he is appointed administrator.

(9 ) (a) Section 50 (1 )—

SCHEDULE

Act No. 41, 1977.

Public Trustee {Amendment).

SCHEDULE 1—continued.

Amendments to the Public Trustee Act,

1913—continued.

manager or a relieving branch manager, and sealed with the public trustee’s seal, certifying that the public trustee”.

(b) Section 50 (2 )—

Omit “, and sealed with his corporate seal, certifying that he”, insert instead “, or the hand of the chief trust officer, the senior trust officer, the solicitor to the public trustee, a branch manager or a relieving branch manager, and sealed with the public trustee’s seal, certifying that the public trustee”.

.SfC-4.

SCHEDULE 2.

A mendments to the Public Trustee Act, 1913,

BY WAY OF Statute Law Revision.

(1) (a) Section 5 (3) (a) (iv)—

Omit the subparagraph, insert instead :—

(iv) becomes bankrupt, applies to take the benefit of any law for the relief of bank rupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;

SCHEDULE

Act No. 41, 1977.

Public Trustee {Amendment).

SCHEDULE 2—continued.

Amendments to the Public Trustee Act, 1913,

BY WAY OF Statute Law Revision—continued.

(b)	Section 5 (3) (a) (vi)— Omit the subparagraph, insert instead :—-

(vi) becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that Act.

Omit “1916-1935, or under any Act amending those Acts,”, insert instead “1916,”.

(d) Section 5 (5 )—

Omit “-1935”.

(e) Section 5 (5 )—

Omit “, or under any of those Acts as amended by subsequent Acts”.

(2) Section 6 (1 )—

Omit “as amended by subsequent Acts,”.

(3) Section 9 (3 )—

Omit “Colonial”.

SCHEDULE

Act No. 41, 1977.

Public Trustee {Amendment).

SCHEDULE 2—continued.

Amendments to the Public Trustee Act, 1913,

BY WAY OF Statute Law Revision—continued.

(4) Section 16 (1), proviso—

Omit “the provisions of the Mining Acts, the Crown Lands Acts, or the Real Property Act, 1900,”, insert instead “an Act by or under which provision is made for or with respect to the transfer of an estate or interest in property of the same class or description as that trust property,”.

(5) (a) Section 17—

Omit “idiot, or lunatic,”.

(b) Section 17—

Omit “directs : ”, insert instead “directs.’

(6) Section 18 (2), proviso—

Omit “the provisions of the Mining Act, the Crown Lands Act, or the Real Property Act, 1900,”, insert instead “an Act by or under which provision is made for or with respect to the transfer of an estate or interest in property of the same class or description as that trust property,”.

(7) Section 18a (5a) —

Omit “-1940”.

(8) (a) Section 36 (1 )—

Omit “-1940”.

SCHEDULE

Act No. 41, 1977.

Public Trustee (Amendment).

SCHEDULE 2—continued.

Amendments to the Public Trustee Act, 1913,

BY WAY OF Statute Law Revision—continued.

(b) Section 36 (2 )—

Omit “-1940”.

(9) (a) Section 36d (a )—

Omit “-1940”.

(b) Section 36d (b )—

Omit “Colonial” wherever occurring.

( 10) (a) Section 41—

Omit “Colonial”.

(b) Section 41—

Omit “said”.

(11) Section 52 (1 )—

Omit “Colonial”.

(12) (a) Section 53 (1a) (a) —

Omit “Colonial”.

(b) Section 53 (1a) (b)-

Omit “Colonial”.

SCHEDULE

Act No. 41, 1977.

Public Trustee {Amendment).

SCHEDULE 2—continued.

Amendments to the Public Trustee Act, 1913,

BY WAY OF Statute Law Revision—continued.

Omit “Colonial”.

(d) Section 53 (3 )—

Omit “said” wherever occurring.

(13) (a) Section 59—

O m it:—

All such regulations shall—

(a) be published in the Gazette;

(b)	take effect from the date of publication or from a later date to be specified in the regulations; and
(c)	be laid before both Houses of Parlia ment within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.

But if either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.

SCHEDULE

Act No. 41, 1977.

Public Trustee {Amendment).

SCHEDULE 2—continued.

Amendments to the Public Trustee Act, 1913,

BY way of Statute Law Revision—continued.

(b) Section 59 (2 )—

At the end of section 59, insert:—

(2) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation made under this Act as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.