Testamentary Guardianship (Amendment) Act 1987 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Testamentary Guardianship (Amendment) Ordinance 1987

No. 15 of 1987

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 13 April 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

LIONEL BOWEN

Attorney-General

An Ordinance to amend the Testamentary Guardianship Ordinance 1984

Short title

1.  This Ordinance may be cited as the Testamentary Guardianship (Amendment) Ordinance 1987.1

Principal Ordinance

2.  In this Ordinance, “Principal Ordinance” means the Testamentary Guardianship Ordinance 1984.2

Effect of appointment

3.  Section 7 of the Principal Ordinance is amended:

(a)by inserting after subsection (1) the following subsection:

“(1A)  Without limiting the application of subsection (1), a testamentary guardian of a child:

(a)may take into his or her custody, and may manage, the real and personal property of the child (not being property held by a trustee under a trust) until he or she ceases to be the guardian of the child;

(b)holds any real and personal property of the child that comes into his or her custody as trustee for the child;

(c)may bring such proceedings as may be necessary to give effect to all or any of his or her powers under this section, including his or her powers as trustee for the child; and

(d)is responsible for accounting to the child, when the child attains the age of 18 years, for his or her custody and management of that property.”; and

(b)by omitting from subsection (2) “sub-section (1)” and substituting “subsections (1) and (1A)”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 May 1987.

2. No. 34, 1984 as amended by No. 14, 1986.