Trustee Act 1975 (ACT)

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No. 28 of 1975

AN ORDINANCE

To amend the Trustee Ordinance 1957-1968.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under

the Seat of Government (Administration) Act 1910-1973.

Dated this fourth day of September, 1975.

JOHN R. KERR Governor-General.

By His Excellency's Command,

KEP. ENDERBY Attorney-General.

TRUSTEE ORDINANCE 1975

1. (1) This Ordinance may be cited as the Trustee Ordinance

1975.*
(2 ) The Trustee Ordinance 1957-1968f is in this Ordinance referred to as the Principal Ordinance.

(3) The Principal Ordinance, as amended by this Ordinance, may

be cited as the Trustee Ordinance 1957-1975.

2 . Section 3 of the Principal Ordinance is repealed.

3. The Second Schedule to the Principal Ordinance is amended—

t Ordinance No. 14, 1957, as amended by No. 18, 1968.
(a) by omitting paragraph (a) (in the third column) of item
11 and substituting the following paragraph:—
" (a) Omit sub-sections (1) and ( 2 ) , insert—

' ( 1 ) A trustee, unless expressly forbidden by the instrument, if any, creating the trust, may invest tnist funds in his hands (whether the funds are already invested or n o t ) —

(a) in government securities of Australia, of
a State, of the United Kingdom or of New
Zealand;
(b) in debentures or securities guaranteed by

the Government of Australia or of a State;

* Notified in the Australian Government Gazette on 10 September 1975.

(c) in securities—

(i)   issued by a body corporate estab­ lished by an Act, State Act or law of an internal Territory; and

(ii)   declared by the Attorney-General, by notice published in the Gazette, to be securities for the purpose of this paragraph;

(d)

in securities issued by a city, county, muni­ cipal or shire council in Australia;

(e)

on fixed deposit with a bank carrying on business in Australia;

(f)

on deposit with a savings bank carrying on business in Australia;

(g) by way of loan secured by a mortgage of—

(i)   the fee simple of land in Australia; or

(ii)   land held under the provisions of the Leases Ordinance 1918-1972, the City Area Leases Ordinance 1936-1974, the Church Lands Leases Ordinance 1924-1966 or the Leases (Special Purposes) Ordin­ ance 1925-1970; and

(h)

by way of loan to a corporation, being a corporation in respect of which a notice declaring the corporation to be an author­ ized dealer in the short term money market is in force under paragraph 38 (7)(b) of the Companies Ordinance 1962-1974, upon the security of securities of Australia.'."; and

(b)

by omitting paragraph (c) (in the third column) of item " (c) Omit from sub-section (4) 'or of this State', insert

'or of a State.'.".

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