*(Government Gazette, 15th January, 1916, page 242.) 1. In these Regulations, if not inconsistent with the context-
"The Act" means "The Publ;ic Cwrator Act of 1915." ·
''Property'' shall be deemed to be placed in the Public Curator Office when the Public Curator is authorised as trustee, executor, administrator, guardian, committee, agent, attorney, custodian trustee, or otherwise to administer or deal with such property.
"Institution" includes an association, society, corporation, bank, savings bank, and any Department of the State of Queens- land.
''Estate'' means all the property which the Public Curator as trustee, executor, administrator, guardian, committee, agent, attorney, or otherwise is entitled to administer or deal with, and includes estates where the Public Curator is custodian trustee.
The .office.
t2.
The Public Curator Office shall, unless otherwise ordered, be open to the public on business days from 9 a.m. to 4.30 p.m., except on Saturdays, when it shall close at noon.3. The declaration of secrecy mentioned in section 14 of the Act shall be in Form No. 1 in the Schedule hereto,
4. (1.) The seal of the Public Curator shall be an impressed seal
· bearing the following words :--.,.-''The Public Curator of Queensland'' : Provided that the Public Curator may from time to time alter the form of such seal.
t(2.) The seal of the Public Curator shall be kept lmder lock in the custody of the Publi~ Curator at Brisbane and a duplicate of such seal shall be kept under lock in the custody of each Local Deputy Public
·Curator at the respective Branch of the Public Curator Office.
*The regulations published in Gazette of 15 Jan., 1916, have been. amended by regs. published in Gazette$ of 16 Mar., 1916; 1 Apr., 1916; 27 July, 1916;
14 July, 1917; 9 Feb., 1918; 3 Aug., 1918; 6 Sept., 1919; 29 July, 1921; 20 Dec., 1923; 29 Nov., 1924; 3 Oct., 1931 ;· 29 Nov., 1932; 23 June, 1934; 2 Mar., 1940;
12 Jan., 1946; and by regulations dated 29 June, 1946; 10 Mar., 1949; 31 Mar., 1949; and 19 Jan., 1950.
t Old reg. 2 repealed and new reg. 2 inserted by regulations of 20 Dec., 1923 (Gazette, p. 2374).
+ Paragraph (2) revoked and new paragraph, as printed, inserted by reg. 1 of regulations of 10 Jan., 1946 (Gazette, 12 Jan., 1946, p. 74).
Reg ul.ations.
·:ts. (
1) The Public Curator may fix the scale of charges to be paid to solicitors in respect of the preparation, perusal, and completion of securities to or instruments for the Public Curator, and for the discharge, renewal, or variance of such securities, and generally for the transaction of legal business for the Public Curator.(2) Such scale, with such modifications as, with the approval of the :Minister, the Public Curator directs, shall apply where the work is done by the,office solicitor, and in that case the money received shall be paid into the Public Curator's account.
6. Wherever in connection with any estate the Public Curator is entitled to any charges, he may deduct the same from any funds in his hands or under his control belonging to the estate, and where the funds in the estate have been distributed he may recover any such charge from the person receiving such funds.
7. Where, through a mistake, any overpayment has been made, the Public Curator may recover the same from the person so overpaid.
8. (1) The Public Curator shall from time to time, at such con- venient intervals as he thinks proper, but not exceeding twelve calendar months at any one time, render accounts showing the position and state of every trust estate or matter in the Public Curator Office to every person who is entitled thereto or interested therein; and all such accounts shall be so rendered free of charge.
(2) If any person entitled to accounts requires extra copies of such accounts, or a copy thereof at any other time than the fixed period for rendering the same, he shall pay the charges prescribed in respect
thereof. ·
(3) The Public Curator shall· determine who is entitled to accounts and may refuse accounts to any person who in his opinion is not entitled to them.
9. The Public Curator shall keep a complaint book, in which shall be entered all matters of complaint that come to his knowledge.
Interest payable on moneys in Common Fund.
ti 0. For the purposes of section 18 ( 4) of the Act the interest payable to the respective estates on moneys which form part o£ the Common Fund shall be computed at the following yearly rates:-
Class 1.-0n capital moneys belonging to a testate or intestate estate, or held under any deed or trust or settlement, or as custodian trustee-
( a) While held for minors or persons under disability or for beneficiaries not entitled to payment at call-3 per cent.
(b) While held payable in the ordinary course o£ administraiion for distribution or at call-1 per cent.
The Public Curator shall fix the date on which any sum passes form (a) to (b).
*Old reg. 5 repealed and new reg. 5 inserted by regulations of 29 Nov., 1932 (Gazette, 29 Nov., 1932).
t Reg. 10, as printed, inserted in lieu of regulation repealed by regulation of 19 Jan., 1950. For regulations affecting previous regs. 10 see regulations of 21 June, 1934 (Gazette, 23 June, 1934); of 29 Feb., 1940; and of 10 Jan., 1946.
R egul.ations.
Class 2.-0n capital moneys received as attorney, agent, receiver, or receiver and manager (including capital money received as agent for investment in the Common Fund)-such rate as is agreed on or allowed by Order of the Court, not exceeding· the rate in Class 1 (a).
In the absence of such agreement or order no interest shall be payable.
Class 3.-0n capital moneys belonging to estates held or administered under *"The Mental Hygiene Act of 1938-2 per cent.
Class 4.-0n any other capital moneys received under the Act or any other Act, the same rates as under Class 3.
Co11struction of Regulation 10.
t1 L The last preceding Regulat1on 10 shall be construed subject to the following special provisions:-
(1) The Public Curator shall fix the date on which interest payable by him shall begin to accrue and, if such interest is to be capitalized, shall fix the date in each year on which it is to be capitalized, but no longer interval than one year shall elapse between each of such lastmentioned elates. Until such interest is so capitalized, it shall not bear interest.
(2) All interest payable by the Public Curator in respect of the capital of any estate, except where otherwise directed by the Public Curator, shall be computed on the minimum monthly balance of capital.
Capitalisation of income.
t llA. The Public Curator may, in estates where the annual income thereof does not exceed a sum of fifty pounds, and where such income is not subject to any payments therefrom by way of maintenance or otherwise, capitalise such income.
Finance and acco1tnts.
12. The accounts of the Public Curator shall be audited at least once every six months by the Auditor-General.
t13. The custody of the moneys in the Public Curator's Account shall be entrusted to the Savings Bank Department of the Common- wealth Bank of Australia.
§ 14. The withdrawal of moneys from the Public Curator',;
Account, at Brisbane, shall be effected by cheques signed by the Public Curator or such other Officers as he from time to time authorises and
" 2 G. 6. No. 21.
tOld regs. lOA (inse.rted by regulation of 18 July, 1918-Gazette, p. 118) ancl 11 repealecl ancl new regs. 11 and llA inserted by regulations of 1 Oct., 1931 (Gazette, 3 Oct., 1931). Paragraph (1) of new reg. 11 revoked and para. (1), as printed, insertecl by reg. 3 of regulations of 10 Jan., 1946 (Gazette, 12 Jan., 1946, p. 74).
+Old reg. 13 repealed, and new reg. 13 inserted· by re.gulations of 29 July, 1921 (Gazette, p. 360.)
§ Re.aulation 14 amended by regulations of 29 Nov., 1932 (Gazette, 29 Nov., .1932), a~d by reg. 4 of regulations of 10 Jan., 1946 (Gazette, 12 Jan., 1946, p. 74).
Regul.ations. 87 countersigned by the Accountant or such other officer in Brisbane as the Public Curator from time to time authorises, either generally or specifically.
*15. (1) The Public Curator may from time to time cause branch accounts of the Public Curator's Account to be kept with the bank at Rockhampton, Townsville, Cairns, and such other towns as he may determine.
(2) Each such branch account may be operated on either as men- tioned in clause 14 hereof or by cheques signed by the local deputy in charge of the local office, and countersigned by the accountant or such other officer as the Public Curator from time to time authorises, either general!y or specifically.
16. (1) The Public Curator shall keep a cash-book, which shall be made up daily, and in which shall be entered the receipts and payments made by or reported to the Public Curator at head office.
(2) The provisions of this clause shall, m1datis mutandis, apply to each local deputy and agent of the Public Curator ..
17. (1) In addition to the accounts required by the Act, the Public Curator shall keep such other accounts as the Public Curator thinks .fit; and each local deputy and agent of the Public Curator shall keep such books and accounts and furnish such returns as the Public Curator directs.
18. Any moneys payable to the Public Curator's Account may be lodged for credit of that account with the head office or any branch of the bank, and the amount of such lodgments shall be transferred by the manager at the head office or Savings Bank officer at such branch to the credit of the Public Curator's Account.
19. (1) Moneys payable within the State of Queensland out of the Public Curator's Account may,be forwarded by the Public Curator to any of his local deputies or agents, who shall pay the same in accordance with the Public Curator's directions .
. (2) Such moneys may also be forwarded by the Public Curator to any branch of the bank for payment at such town or place in the State of Queensland as the Public Qurator requests. The Public Curator may also arrange with the bank at Brisbane for the payment by the bank at any of its branches in the State of Queensland of any sum of money, as directed by the Public Curator.
20. It shall not be necessary that any claims which, in the opinion of the Public Curator, are correct and payable out of the Public Curator's Account shall be audited before they are paid, otherwise than by an officer of the Public Curator Office.
21. Every claim upon the Public Curator shall be made in the fonn required by the Public Curator.
22. ( 1) Where any moneys are payable to any person unable to sign his name, then no such payment shall be made except upon a receipt purporting to bear the mark of the person entitled to receive the money, and attesteq by some adult person other than the paying officer.
• Regulation 15 .. amended by regulations of 29 Nov., 1932 (Gazette, 29 Nov., 1932).
88 ft C!J !tllll io II S.
(2) The attestation shall state that the receipt was read over an<l explained to the person making his mark.
(3) It shall not be necessary for the Public Curator, unless he thinks proper, to inquire whether such person is an adult or no.t, and, notwithstanding that such person may afterwards be discovered not to be an adult, the receipt shall be valid.
23. "(1) A claimant may authorise, by a special or general order, in Ruch form as iR from time to time approved of by the Public Curator, that any payment may he made to any other person.
(2) The special order shall be on or attached to the claim.
( 3) In the case of a general order it shall be sufficient if it is sent to and received by the Public Curator.
( 4) Notwithstanding that any general or special order is revoked by death or otherwise, any payment made pursuant thereto shall be good and valid, unless prior to the payment the Public Curator has received actual notice in writing of such revocation.
( 5) The provision of clause 22 hereto, as to attestation of receipts shall, m'utatis nmtandis, apply to all such orders.
24. The officer or agent authorised to pay a claim on the Public Curator must be satisfied before paying it that the applicant for payment is entitled to receive the amount, and that all necessary docu- ments have been produced.
25. No claim on the Public Curator shall be paid until it has been, to the satisfaction of the Public Curator or the paying agent, proved and certified to be correct, as may be required by the Public Curator.
and receipted by the claimant or by the claimant's duly authorised agent, nor until the signature of the payee has been attested when such attestation· is required by the Public yurator.
26. The local deputy public curators and officers and agents of the Public Curator \vill be held responsible for all errors in calculation in the accounts or claims which they certify to be correct, and for any loss due to their neglect of these Regulations or of the instructions given by the Public Curator.
27. In any case which is not provided for by statute or by these Regulations, the special instructions of the Public Curator must be applied for and followed.
Unclaimed moneys payable or held by companies.
28. The register to be kept by a company under section 110 of the Act shall be in Form No. 6 of the said Schedule.
E'orms of docnme.nts.
29. The several further forms in the Schedule hereto shall be used for the purposes to which they are respectively applicable with such variations as· circumstances may require.
30. Transfers, mortgages, leases, agreements, and other documents executed by the Public Curator shall be in the form prescribed or required by law in ordinary cases, but shall set out the appointment or authority under which the Public Curator purports to act in the matter.
Regulations. 89 Charges to be made by the P11.blic Curator.
31. The undermentioned charges shall be payable to the Public Curator in respect of the matters mentioned: Provided that where the Public Curator is co-trustee or custodian trustee the charges under (b), (c), (d), (e), (f), (g), (h), (i), and (:k) of this clause shall be reduced by one-half in cases where the private trustees claim and receive commission under an order of the· Supreme Court:-
(a) Upon the gross amount of all assets realised by the Public Curator in estates formerly administered by the Curator of Intestate Estates and passing to and vesting in the
Public Curator under the Act £5 per cent.
• (b) Upon the gross realised capital of any estate in respect of which the Public Curator is appointed administrator, executor, trustee, or administrator with the Will arinexed or of any other estate with respect to which charges and remuneration are not hereinafter especially provided for-
On any sum not exceeding £5,000 On all in excess of £5,000 up to £10,000 On all in excess of £10,000 up to £25,000 On all in excess of £25,000
Provided that on Life Assurance Moneys the rate of commission shall not exceed £2 per cent. and on moneys received out of The Super- annuation Fund established by ''The S11per- anmtation Acts, 1922 to 1946,'' of The Commonwealth of -Australia or The Public Service Superaruiuation Fund established by
"The P1tblic Service S1tperannuation 'Acts, 1912 to 1948,'' of the State of Queensland or any Act or Acts in amendment of or in sub- stitution for such two lastmentioned Acts the rate shall not exceed £1 per cent.
The charges under (a) and (b) are pay- able on realisation.
t(c) (1) Upon such of the capital and income of any estate realised by a former executor, trustee, or administrator, or person acting in a fiduciary character, as becomes vested in the Public Curator on the onginal trusts; and (2) upon such of the capital of any estate as is cash in the hands of the Public Curator at
£2i per cent.
£2 pel,' cent.
£1
i
per cent.£1 per cent.
the time when the estate is vested in him £1 per cent.
* Paragraph (b) revoked and paragraph, as printed, inserted by reg. 1. of regulations of 31 Mar., 1949. For regulations affecting previous paras. (b) see regulations of 15 May, 1924 (Gazette, p. 1393); of 29 Nov., 1932 (Gazette, 29 Nov., 19Z2); and of 10 Mar., 1949 (Gazette, 12 Mar., 1949).
t Paragraph (c) printed as amended by reg. 5 of regulations of 10 Jan., 1946 (Gazette, 12 Jan., 1946, p. 74).
G
9.0 Regulations.
The charge is payable at the period of distribution.
Minimum charge under (b) and (c) £1 lOs.
(d) In the case of a deed of trust or of a settle ment, ante-nuptial or otherwisll(, where the trust property consists solely of cash-upon
the capital sum £1 per cent.
The charge is payable at the period of distrib.ution.
(e) In the case of any estate in which the Public Curator is acting as attorney, agent, receiver, or receiver and manager, the charge on the gross capital shall be as arranged between the Public Curator and his principal, or otherwise agreed on, or as allowed by the Court. Where no charge is so arranged or agreed on or allowed the charge shall be the same as under (b). No charg.e under (e) shall be made where the capital is held on an investment agency.
*(f) Upon the capital of estates under t"The Mental Hygiene Act of 1938" and t"The Charitable Institutions Management Act of 1885 '' realised by the Public Curator-
On any sum up to £25,000 £2! per cent.
On all in excess of £25,000 up to £100,000 £1! per cent.
On all in excess of £100,000 £1 per cent.
Provided that on Life Assurance Moneys the charge shall be £2 per cent.
The charge under (/) is payable on realisation.
Minimum charge under (d), (e), (f)
§(g) On compensation money due in respect of the death of a worker received by the Public Ourator-
On so much thereof as is payable forthwith to the person entitled
On so much thereof as is held and administered (h) On money or damages received by the Public
Curator under section 51 (2) of the Act- On so much as is payable forthwith to the
£1 lOs. Od.
£1 per cent.
£2! per cent.
person entitled £1 per cent.
On so much· thereof as is held and administered £2} per cent.
* Paragraph (f) inserted in lieu of paragraph repealed by reg. 6 of regulations of 10 Jan., 1946 (Gazette, 12 Jan., 1946, p. 74), and amended by reg. 2 of regula·
tiona of 10 ·Mar., 1949. For regulations affecting old paras. (f) see regulations of 15 May, 1924 (Gazette, p. 1393); and of 29 Nov., 1932 (Gazette, 29 Nov., 1932).
t 2 G. 6 No. 21.
t 49 V. No.8.
~Old para. (g) repealed and new para. (g) inserted by regulations of 29 Nov., :1932 (Gazette, 29 Nov., 1932).
Regul.a.tions.
( i) Upon the gross income received by the Public Curator in respect of any estate or as attorney, agent,- receiver, receiver and manager, or otherwise the charge shall be as arranged between the Public Curator and his principal or otP.erwise agreed on or as allowed by the Court. Where no charge is so arranged or agreed or allowed · the charge shall be as follows:-
On the first £2,000 per annum On all over £2,000 per annum
Provided that on all interest from debentures, Treasury bills, and bank deposits the charge ~hall only be £2! per cent.
No charge under· ( i) shall be made in respect of income ·derived from capital in the Common Fund.
*
(j) Upon the total untealised value as fixed by the Public Curator of any real and/or personal property (not being cash) transferred or delivered in kind to any person entitled thereto as a devisee, legatee, next-of-kin, cestui que trust, beneficiary, or other person of a like character, but not including a person entitled as principal under any power of attorney or agency-Up to £10,000
On all in excess of £10,000 up to £25,000 On all in excess of £25,000
Provided that where the net value of the estate of a deceased person does not exceed
£600 and the widow and/or an infant child or infant children of the deceased person being a resident or residents of the Commonwealth of Australia is or are entitled as at the date of death of such deceased person to the whole or any part of such estate the following rate shall apply-
Up to £600 ..
Minimum charge under (j)
(k) For resealing foreign probates or administra- tions, or obtaining a fresh grant thereof on behalf of foreign executors or administrators, where the Public Curator accounts to them and does not himself administer the local estate-
Where the value of the local estate is not more
91
£5 per cent.
£21; per cent.
£2 per cent.
£1! per cent.
£1 per cent.
£1-! per cent.
£1 lOs.
than £250 · £2 2s.
*Paragraph (j), as printed, inserted in lieu of paragraph repealed by reg. 2 of regulations of 31 Mar., 1949. For regulations affecting previous paras. (j) see regulations of 29 Nov., 1932 (Gazette, 29 Nov., 19321; of 10 Jan., 1946 (Gazette, 12 Jan., 1946); and of 10 Mar., 1949 (Gazette, 12 Mar., 1949).