Public Trustee Amendment Act 1989 (WA)

WESTERN AUSTRALIA

PUBLIC TRUSTEE AMENDMENT

ACT

No. 10 of 1989

AN ACT to amend the Public Trustee Act 1941 and for a related

purpose.

[Assented to 2 November 1989]

The Parliament of Western Australia enacts as follows:

Short title

1.     This Act may be cited as the Public Trustee Amendment Act 1989.

Principal Act

2. In this Act the Public Trustee Act 1941* is referred to as the

principal Act.

[*Reprinted as approved 4 February 1981 and amended by Acts Nos. 52 of 1981, 19 of 1982, 46 of 1984, 98 of 1985, 23 of 1986 and 126 of 1987.1

No. 10]	Public Trustee Amendment Act	[1989
Section 2 amended

3.     Section 2 of the principal Act is amended in the definition of

"Public Trustee" by deleting "and includes the Deputy Public Trustee

when acting in the place of the Public Trustee".

Section 4 amended

4.     Section 4 of the principal Act is amended in subsection (1) by

deleting ", subject to the Public Service Act, shall be appointed by the

Governor" and substituting the following-

" shall be appointed under and subject to the Public Service Act

1978 ".

Section 5 repealed and a section substituted

5.     Section 5 of the principal Act is repealed and the following section

is substituted

Delegation

ti

5. (1) The Public Trustee may, by instrument in writing signed by the Public Trustee, delegate to a person referred to in section 6 any of the powers or duties of the Public Trustee under this Act or any other written law, other than this power of delegation.

(2) A delegation under this section may be made generally or as

otherwise provided by the instrument of delegation. ".

Section 5A amended and saving provision

6.     (1) Section 5A of the principal Act is amended by deleting "and

the Deputy Public Trustee, their signatures" and substituting the

following-

" , delegations by the Public Trustee under section 5, the signatures

of the Public Trustee and delegates of the Public Trustee, ".

(2) Section 5A of the principal Act as enacted before the commencement of this Act shall continue to apply to any deed or other instrument executed by the Deputy Public Trustee before the commencement of this Act.

1989] Public Trustee Amendment Act [No. 10

Section 6 repealed and a section substituted

7. Section 6 of the principal Act is repealed and the following section

is substituted

Appointment of staff

" 6. There shall be appointed under and subject to the Public

Service Act 1978 such officers, clerks and other persons as are

necessary to assist the Public Trustee to perform his functions. ".