Public Trustee Amendment Act 1984 (WA)

WESTERN AUSTRALIA.

PUBLIC TRUSTEE.

No. 46 of 1984.

AN ACT to amend the Public Trustee Act

1941-1982.

[Assented to 5 September 1984.]

BE it enacted by the Queen's Most Excellent Majesty, 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 Public and citation.

Trustee Amendment Act 1984.

Approved for

(2) In this Act the Public Trustee Act 1941-1982 iFtepbrriun

is referred to as the principal Act. 1981 and and

Act No. 19 amended by

(3) The principal Act as amended by this Act may of 1982.

be cited as the Public Trustee Act 1941-1984.

No. 46.] Public Trustee. [1984.

Commence-

2.    This Act shall come into operation on such

ment.

day or days as is or are respectively fixed by

proclamation.

Section 18

amended. 3. Section 18 of the principal Act is amended by

deleting "two hundred dollars" and substituting

the following

'C $1 000 ".

Section 26

amended. 4. Section 26 of the principal Act is amended

(a) in subsection (1)—

(i)   in paragraph (a), by deleting "one month" and substituting the following-

" 2 months "; and

(ii) by deleting "or lease" and

substituting the following

" , lease or purchase ";

(b) in paragraph (b) of subsection (2)—

(i)   in subparagraph (i), by deleting "or lessee," and substituting the following-

" , lessee or vendor, "; and

(ii)  by deleting subparagraph (ii) and substituting the following subparagraph

(ii) having regard to the value of the property at the time when the consideration for the transfer, sale, alienation,

1984.] Public Trustee. [No. 46.

charge, lease or purchase was paid, given, received, accepted or agreed to, that consideration was

(I) in the case of a transfer, sale, aliena- tion, charge or lease, adequate; or

(II) in the case of a purchase, not exces- sive. "; and

(c) in subsection (3), by deleting "or lease," and substituting the following

(l , lease or purchase, ".

Section 29

5. Section 29 of the principal Act is amended in amended.

subsection (4), by deleting "one thousand two

hundred dollars" and substituting the following

" $6 000 ".

6.    Section 35 of the principal Act is amended ?..=odne,32

in paragraph (a) of subsection (2), by deleting

"fourteen" and substituting the following-

" 28 ".

7.    (1) Section 38 of the principal Act is =118.

amended-

(a) in subsection (1), by deleting "There" and substituting the following-

" Subject to subsections (2a) and (2b)

of this section, there ";

No. 46.] Public Trustee. [1984.

(b) in paragraph (b) of subsection (2), by inserting after "any estate" the following

CC

other than interest payable to the estate under section 40 (4) of this Act in respect of moneys held in the Common Fund "; and

(c) by inserting after subsection (2) the following subsections

CC (2a) There shall not be any fee

payable to the Public Trustee in respect of income earned by an estate by way of interest payable to the estate under section 40 (4) of this Act in respect of moneys held in the Common Fund.

(2b) Where in a particular case the Public Trustee is satisfied that there is proper cause, he may, with the approval of the Minister, waive, either wholly or in part, any fees fixed or authorized by this Act. ".

(2) Without limiting the application of that provision, the power contained in section 38 (2b) of the principal Act as inserted by subsection (1) (c) of this section shall extend to fees which, at the commencement of this section, have accrued due but have not been paid.

Section 40

amended. 8. Section 40 of the principal Act is amended

(a) by inserting after subsection (3) the following subsection

CC (3a) The Public Trustee shall deduct,

by way of fees in respect of the management of the Common Fund, 6 per centum of the total interest or income earned by investment of moneys forming part of the Common Fund. ";

and

1984. ] Public Trustee. [No. 46.

(b) in paragraph (c) of subsection (4)—

(i)  by inserting after "Public Trustee after" the following-

" deduction of fees in accordance with subsection (3a) of this section and "; and

(ii)  by deleting "referred to in that subsection," and substituting the following-

" the moneys of which are held in

the Common Fund, ".

9. Section 49 of the principal Act is amended— =ne g 9 .

(a) in subsection (1), by inserting after paragraph (e) the following paragraph

if (ea) subject to subsections (2a) and

(2b) of this section, purchase land in fee simple in the State, either alone or with any other person, in the following circumstances-

(i)  in the care and manage- ment of the estate of an incapable patient or an infirm person; or

(ii)    in the course of the admin- istration of any other trust or estate; "; and

(b) in subsection (2), by deleting paragraphs (i), (ii) and (iii) and substituting the following paragraphs

(a) sell real property of a greater value

than $50 000;

No. 46.] Public Trustee. [1984.

(b)	exchange real property of a greater value than $25 000, or join in a partition in which the interest of any person entitled thereunder exceeds $25 000;
(c)	borrow money to an amount exceeding $20 000. "; and

(c) by inserting after subsection (2) the follow- ing subsections

C' (2a) The Public Trustee may only

exercise the power to purchase land conferred by paragraph (ea) of subsec- tion (1) of this section

(a)	after obtaining and consider- ing a report in terms of sub- section (2b) of this section as to the value of the land; and
(b)	where the purchase price does not exceed by more than 5 per centum the value of the land as stated in the report referred to in paragraph (a) of this

subsection.

(2b) A report referred to in para- graph (a) of subsection (2a) of this section shall

(a)	be in writing;
(b)	be made by a person who is licensed under the Land Valuers Licensing Act 1978 and who is reasonably believed by the Public Trustee to be experienced in valuation of that kind of land in the area of the State in which it is situate; and

1984.] Public Trustee. [No. 46.

(c) contain a statement as to-

(i)    the value of the land;

(ii)

the actual or potential

income from the land;

and

(iii)

the prospective out-

goings on the land.

(2c) Where the Public Trustee purchases land in exercise of the power conferred by paragraph (ea) of sub- section (1) of this section he shall not be chargeable with breach of trust by reason only of the relation borne by the purchase price to the value of the land if he has complied with subsec- tion (2a) of this section. ".