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Tasmania – Trustee Act

[Bill 6]-I TASMANIA
__________
TRUSTEE LEGISLATION (MISCELLANEOUS
AMENDMENTS) BILL 2006
__________
CONTENTS
PART 1 – PRELIMINARY
1. Short title
2. Commencement
PART 2 – PUBLIC TRUSTEE ACT 1930 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 20 amended (Administration of small estates without
grant of probate or administration)
6. Section 20A amended (Administration of small estates)
7. Section 32 amended (Express powers of Public Trustee)
8. Section 34 amended (Power of Public Trustee to apply income
and capital for maintenance, &c., of infant)
9. Section 56 amended (Allowance by Public Trustee of claims,
&c., against estates)
10. Section 63 amended (Payment of small sums without probate or
letters of administration)
11. Section 72 amended (Remedy against Public Trustee)
12. Section 74 amended (Power of Public Trustee to submit certain
matters for opinion or direction of judge)

2
PART 3 – TRUSTEE ACT 1898 AMENDED
13. Principal Act
14. Section 25A amended (Distribution of property or estate after
notice by trustee or executor or administrator)
15. Schedule II repealed
PART 4 – TRUSTEE COMPANIES ACT 1953 AMENDED
16. Principal Act
17. Section 10A amended (Election to administer small estates
without grant of probate, &c.)
18. Section 18 amended (Commission chargeable by trustee
company)

[Bill 6] 3
TRUSTEE LEGISLATION (MISCELLANEOUS
AMENDMENTS) BILL 2006
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Public Trustee Act 1930, the Trustee
Act 1898 and the Trustee Companies Act 1953
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:

PART 1 – PRELIMINARY
1. Short title
This Act may be cited as the Trustee Legislation
(Miscellaneous Amendments) Act 2006.
2. Commencement
This Act commences on a day to be proclaimed.

Trustee Legislation (Miscellaneous Amendments) Act 2006

Act No. of
s. 3 Part 2 – Public Trustee Act 1930 Amended

4 PART 2 – PUBLIC TRUSTEE ACT 1930 AMENDED
3. Principal Act
In this Part, the Public Trustee Act 1930* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting “person.
” from the definition
of “spouse” and substituting “person;
”;
(b) by inserting the following definition after
the definition of “spouse”:
“trust instrument” includes an order
of a court that gives rise to a trust.
5. Section 20 amended (Administration of small
estates without grant of probate or administration)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
“$20 000
” and substituting “the
prescribed amount
”;

*No. 61 of 1930

Trustee Legislation (Miscellaneous Amendments) Act 2006
Act No. of
Part 2 – Public Trustee Act 1930 Amended
s. 6

5 (b) by omitting from subsection (4)(a) “the
sum of $21 000
” and substituting “the
prescribed amount
”.
6. Section 20A amended (Administration of small
estates)
Section 20A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) “$2 000

and substituting “the prescribed amount
”;
(b) by omitting from subsection (5) “$2 000

and substituting “the prescribed amount
”.
7. Section 32 amended (Express powers of Public
Trustee)
Section 32 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(y)
“$5 000
” and substituting “the prescribed
amount
”;
(b) by omitting from subsection (1)(z)
“Commissioner of Taxes
” and
substituting “Commissioner of State
Revenue
”;
(c) by omitting subsection (2);
(d) by omitting subsection (4).

Trustee Legislation (Miscellaneous Amendments) Act 2006

Act No. of
s. 8 Part 2 – Public Trustee Act 1930 Amended

6 8. Section 34 amended (Power of Public Trustee to
apply income and capital for maintenance, &c., of
infant)
Section 34(1)(b) of the Principal Act is amended
by omitting “the sum of $2 000
” and substituting
“the prescribed amount
”.
9. Section 56 amended (Allowance by Public Trustee
of claims, &c., against estates)
Section 56(c) of the Principal Act is amended by
omitting “$5 000
” and substituting “the
prescribed amount
”.
10. Section 63 amended (Payment of small sums
without probate or letters of administration)
Section 63(1) of the Principal Act is amended by
omitting “$2 000
” and substituting “the
prescribed amount
”.
11. Section 72 amended (Remedy against Public
Trustee)
Section 72 of the Principal Act is amended as
follows:
(a) by omitting “him
” and substituting “the
Public Trustee
”;
(b) by omitting “his
” and substituting “its ”.

Trustee Legislation (Miscellaneous Amendments) Act 2006
Act No. of
Part 2 – Public Trustee Act 1930 Amended
s. 12

7 12. Section 74 amended (Power of Public Trustee to
submit certain matters for opinion or direction of
judge)
Section 74(1) of the Principal Act is amended by
omitting “$10 000
” and substituting “the
prescribed amount
”.

Trustee Legislation (Miscellaneous Amendments) Act 2006

Act No. of
s. 13 Part 3 – Trustee Act 1898 Amended

8 PART 3 – TRUSTEE ACT 1898 AMENDED
13. Principal Act
In this Part, the Trustee Act 1898* is referred to
as the Principal Act.
14. Section 25A amended (Distribution of property or
estate after notice by trustee or executor or
administrator)
Section 25A of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) Subject to subsection (3), the notice
required to be given by a trustee or an
executor or administrator of a deceased
person for the purposes of subsection (1)
is to be published –
(a) in the Gazette; and
(b) in at least one newspaper
published or circulating in the
locality in which the deceased
person resided or carried on
business immediately before his
or her death.

*No. 34 of 1898

Trustee Legislation (Miscellaneous Amendments) Act 2006
Act No. of
Part 3 – Trustee Act 1898 Amended
s. 15

9 15. Schedule II repealed
Schedule II to the Principal Act is repealed.

Trustee Legislation (Miscellaneous Amendments) Act 2006

Act No. of
s. 16 Part 4 – Trustee Companies Act 1953 Amended

10 PART 4 – TRUSTEE COMPANIES ACT 1953
AMENDED
16. Principal Act
In this Part, the Trustee Companies Act 1953* is
referred to as the Principal Act.
17. Section 10A amended (Election to administer small
estates without grant of probate, &c.)
Section 10A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c)
“$20 000
” and substituting “the
prescribed amount
”;
(b) by omitting from subsection (6)(a)
“$22 000
” and substituting “the
prescribed amount
”.
18. Section 18 amended (Commission chargeable by
trustee company)
Section 18(4A) of the Principal Act is amended
as follows:
(a) by omitting “$100 or such other amount
as may be prescribed
” and substituting
“the prescribed amount
”;

*No. 72 of 1953

Trustee Legislation (Miscellaneous Amendments) Act 2006
Act No. of
Part 4 – Trustee Companies Act 1953 Amended
s. 18

11 (b) by omitting “sum
” and substituting
“amount
”.
Government Printer, Tasman ia

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