Trustee Act 1925
A1925-14
Republication No 22
Effective: 12 December 2023
Republication date: 12 December 2023
Last amendment made by A2023‑57
About this republication
The republished law
This is a republication of the Trustee Act 1925 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2023. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2023.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Trustee Act 1925
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Meaning of trust 2
5Offences against Act—application of Criminal Code etc 3
5A Treatment of unincorporated entities named in trusts 3
Part 2 Trustees
Division 2.1 Appointment, retirement, disclaimer and ceasing to be executor
6 Appointment of new trustees 4
7 Additional trustee 7
7A Children not to be appointed trustees 8
8 Retirement 8
9 Vesting on appointment and retirement 9
10 Renunciation of probate 10
11 Ceasing to be executor 12
12 Registration 13
13 Protection of purchasers 14
Division 2.2 Powers and duties
Subdivision 2.2.1 Investment
14 Powers of investment 14
14A Duties of trustee in relation to…