Trust Accounts Act Amendment Act of 1925 (16 Geo v No. 2) (Qld)

TRUSTEES. 16 GEO. V. No. 2, 1925. Trust Accmmts Act Amenxment Act. 11507 , TRUSTEES. An Act to Amend "The TrustAccountsAct of 16 Geo. V. 1923" in certain particulars. TH: ;:~ ST AOOOUNTS [ASSENTED TO 28TH SEPTEMBER, 1925.] AOT 'I) . AMENDMENT E it enacted by the King's Most Excellent Majesty, AOT OF 1925. . ) by and with the advice and con1'lent of the Legis- lative Assembly of Queensland in ParJiament assembled, and by the authority of the same, as follows;- 1. This Act may be cited as "The Trust Accounts Short title Act Amendment Act of 1925," and shall be read as one :::struction with *" The Trust Accounts Act of 1923," hereinafter of Act. referred to as the Principal Act. 2. After section three of the Principal Act the follo\ving section is inserted:- " [3A.J (1.) Every trustee shall in the cases herein- Return o~ after mentioned, on or before the thirty-first day of f: : ~ : : 7- m _ January in every year, make a return in writing signed ha~ ds to by him to the Attorney-General showing all real and ; :~ ~ ciarie9 personal property in his hC'unds or under his control are ( l.ncI U dl' ng moneys ana, secun 't · ' leS f or money) t 0 wh 1 ' 0 h aebnstiotlluedte.ly some person, whether 3Jscertained or not (herein called "the beneficiary") was for a period of one year before that date absolutely entitled and is on that date abs'olutely entitled. (2.) The said return shall be made in each of the cases following, that is to say;- (a) If the beneficiary has no agent in Queensland with authority to take possession of or receive such property; or (b) Where it is not known who the beneficiary is; or (c) Where it is not known where the beneficiary is; or (d) Where it is not known whether the beneficiary is alive or dead; or (e) 'Vhore the beneficiary having died has left executors or administrators who are dead or whose whereabout5 are unknown. * 14 Geo. V. No. 4, supra, page 10850.

11508 TRUSTEES. Tt'ust Accounts Act Amendment Act. 16 GEO. V. No. 2, (3.) The said return shall be accompanied by a statement of all costs, charges, and expenses (if any) claimed by the trustee to be chargeable in his favour against or payable to him out of the said property, and of any claim of lien by him and of the full and true reasons why such property has not been transferred, assigned, delivered, or paid over to the beneficiary. (4.) Any trustee who fails to make such return shall be liable to a penalty not exceeding one hundred pounds, and in any proceeding for the recovery of any such penalty the burden of proof that no circumstance had arisen which under this Act would render it necessary to make a return shall lie upon the defendant. (5.) Upon the receipt of any such return the Attorney-General may by notice under his hand or under the hand of the Under Secretary of the Department of Justice require the trustee to transfer, assign, deliver, or pay over, as the case may require, to the Public Curator all such property within sueh time as the Attorney-General may fix. Any lien claimed against such property by such trustee shall, upon such requirement of the Attorney- General being made, cease to have any legal effect whatever. (6.) If such trustee fails to comply with such requirement according to its tenour the Public Curator shall be entitled to 8vpply by motion and obtain an order from the Supreme Court or a Judge thereof that such trustee shall so transfer, assign, deliver, or pay over such property as aforesaid forthwith, subject to the pains and penalties of contempt of Court. Sueh order may be made in the absence of such trustee if the notice of motion has been duly served upon him or the Court or Judge is satisfied that reason- able efforts have been made to serve the same. (7.) The certificate of the Attorney-General under his hand or of the Under Secretary for Justice under his hand that the Attorney-General has made such requirement shall be conclusive evidence of the facts therein set forth. (8.) Forthwith upon suchproperty being transferred, assigned, delivered, or paid over to the Public Curator the Public Curator shall deal with and apply the same

TRUSTEES. 1925. TrustAccountsActAmendmentAct. as the trustee thereof pursuant to the provisions of '*" The Public Curator Acts, 191.5 to 1924," or any Act ;amending or in substitution for those Acts: and accordingly shall without delay use every endeavour to ~ scertain the beneficiary or beneficiaries and to hand <{)ver or distribute the property to him or amongst them. (9. ) Any costs, charges, or expenses which al' ~ claimed by such trustee to be chargeable in hIS favour against or payable to him out of the property in question shall be pr0perly vouched by such trustee and investigated by the Public Curator; and if the Public Curator is satisfied that the same are correct, then the gum allowed by him, or, if the trustee requires, that his claim should be taxed, then the sum allowed by the Taxing Officer of the Supreme Court after taxation, shall be paid to such trustee as and when moneys in respect of such property become available, or in the discretion -of the Public Curator may be paid forthwith to such trustee, in which case the sum so paid shall be part of the costs charges and expenses of the Public Curator against the property: (l0.) This section shall have effect notwithstanding that any property to which this section applies was in the hands of or under the control of such trustee before the date of the passing of "The Tr'ust Accounts Act Amendment Act of 192;'5," or partly before and partly .after that date or wLolly after that date. (11. ) Nothing in this soction contained shall be -comtrued t oprejudicaUy affect the operation of the provisions contained in Part V. of *" The Public Curator Acts, 1915 to 1924," comprised in sections ninety-two to -one hundred and eleven toth inclusive of the said Acts, and all such provisions shall remain in force as if the provisions of this section had not been enacted. Moreover, in any case where a company as defined by section one hundred and eight of the said Acts has complied with the provisions of section one hundred and ten thereof with respect to unclaimed moneys, such company shall not be required to make any return pnder the- foregoing provisions of this section. " (12.) In this section the term" trustee" means and includes a trustee as defined by section two of this Act * 6 Geo. V. No. 14, 8upra, page 7056, and 15 Geo. V. No. 3, supra, page III 01. 11509

'11510 TRUSTEES; TrustAccountsActAmendmentAct. 16 GEO. V. No. 2, 1925. and also every person who is a trustee within the- provisions of *" The Trustees and Executors Acts, 1897 to 1924," and any person who under any other Act or by any rule of law or equity is a trustee." • o A f ms.en 4 d . ment one o 3 f . sTechteiofnoflloouwrinogf tphreovPirsiinocnipiasl Aadcdte: d-to subsection " and (i.) Generally for carrying into full execution the objects and intent of section 3A of this. Act." VEHICLES, HEAVY. See Tl'tAFFIC'. WHEAT POOL. See ACRICl:LTl:RE. WORKERS' COMPENSATION. See LABOUR. WORKERS' HOl\'IES. See LABOUR. * 61 Vic. No. 10 and amending Acts, 6upra, pages 3507 et sea. 7056 and 11115. •, •