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©State of Queensland

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PUBLIC TRUSTEE REGULATIONS 1978

WITH AN

INDEX

(Compiled to 1 January, 1985)

Prepared by the direction of The Hon. N. J. HARPER, M.L.A., Minister for Justice and Attorney-General

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PUBLIC TRUSTEE REGULATIONS 1978

[Published Gazette 15 January 1916, p. 242; and as amended by regulations published Gazette 16 March 1916, p. 1180; I April 1916, p. 1290; 29 July 1916, p. 265; 28 October 1916, p. 1271; 14 July 1917, p. 17.9; 24 November 1917, p. 1686; 9 February 1918, p.

406; 13 April 1918, p. 1061; 20 July 1918, p. 118; 3 August 1918, p. 312; 6 September 1919, p. 759; 17 July 1920, p. 244; 4 June 1921, p. 1728; 30 July 1921, p. 360; 22 December 1923, p. 2374; 29 November 1924, p. 2101; 25 October 1930, p. 1609; 3 October 1931, p. 1017; 27 August 1932, p. 819; 29 November 1932, pp.l725-1726; 23 June 1934;

p. 2040; 2 March !940, p. 1080; 12 January 1946, p. 74; 29 June 1946, p. 1698; 12 March 1949, p. 944; 2 April 1949, p. 1162; 21 January 1950, p. 261; 29 August 1953, pp. 2481- 2482; 30 June 1956, p. 1185; I April1961, p. 1883; 14 October 1961, p. 519; 5 February 1966, pp. 990-992; 24 September 1966, p. 330; 29 April 1967, p. 1583; 25 November 1967, p. 1177; I August 1970, p. 1783; 25 December.1971, pp. 2027-2028; 29 June 1974, p. 1221; 19 April 1975, pp. 1761-1763; 13 December 1975, pp. 1449-1450; 13 November 1976, pp. 1202-1204; II February 1978, pp. 524-525; 23 December 1978, p. 1976; 19 January 1980, p. !57; 20 December 1980, p. 1631; 12 September 1981, p. !57; 19 December 1981, p. 1630; 16 October 1982, pp. 752-753; 30 October 1982, p. 1122; 19 February 1983, p. 657; 19 November 1983, p. 1248; 27 October, 1984, p. 930].

Department of Justice,

Brisbane, 13th January, 1916.

HIS Excellency the Governor, with the advice of the Executive Council, has, in pursuance of the provisions of "The Public Curator Act o/1915,"

been pleased to make the following Regulations.

J. A. FIHELLY.

1. These Regulations may be cited as the Public Trustee Regulations 1978.

Inserted by regulation published Gazette 23 December 1978, p. 1976.

lA. In these Regulations, if not inconsistent with the context-

"The Act" means the Public Trustee Act 1978 and any amend- ments thereof.

"Property" shall be deemed to be placed in the Public Trust Office when the Public Trustee 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 Queensland.

"Estate" means all the property which the Public Trustee as trustee, executor, administrator, guardian, committee, agent, attorney, or otherwise is entitled to administer or deal with, and includes estates where the Public Trustee is custodian trustee.

"Savings Bank" means a savings bank as defined by the Banking Act 1959-1973 of the Commonwealth (including any enact-

ment in substitution or amendment thereof) and includes the Commonwealth Savings Bank of Australia.

Regulation lA (original regulation I) as amended by regulations published Gazette 5 February 1966, pp. 990-992; 25 December 1971, pp. 2027"2028; 29 June 1974, p. 1221;

19 April 1975, pp .. 1761-1763; renumbered by regulation published Gazette 23 December 1978, p. 1976; as amended by regulation published Gazette 23 December 1978, p. 1976.

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The office.

2. The Public Trust Office shall, unless otherwise ordered, be open to the public on business days from 9 a.m. to 4.30 p.m., Monday to Friday of each week.

Substituted by regulation published Gazette 20 December 1923, p. 2374· as amended by regulations published Gazette 5 February 1966, pp. 990-992; 23 Deceni.ber 1978, p.

1976.

3. The declaration of secrecy mentioned in section 15 of the Act shall be in Form No. 1 in the Schedule hereto.

As amended by regulation published Gazette 23 December 1978, p. 1976.

4. (1) The seal of the Public Trustee shall be an impressed seal bearing the following words:-"The Public Trustee of Queensland":

Provided that the Public Trustee may from time to time alter the form of such seal.

(2) (Repealed).

As amended by regulations published Gazette 12 January 1946, p. 74; 23 December 1978, p. 1976.

5. The Public Trustee may fix the scale of charges for the transaction of legal business for the Public Trustee by the office solicitor and the money received shall be paid into the Public Trustee's Account.

Further substituted by regulation published Gazette 19 Aprill975, pp. 1761-1763; as amended by regulations published Gazette 23 December 1978, p. 1976.

6. Wherever in connection with any estate the Public Trustee 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 Trustee may recover the same from the person so overpaid.

8. (1) The Public Trustee shall from time to time, at such convenient intervals as he thinks proper, render accounts showing the position and state of every trust estate or matter in the Public Trust 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 Trustee shall determine who is entitled to accounts and may refuse accounts to any person who in his opinion is not entitled to them.

As amended by regulations published Gazette 19 April 1975, pp. 1761-1763; 23 December 1978, p. 1976.

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Reg. 9 PUBLIC TRUSTEE REGULATIONS 1978 Reg. 19 3

9. (Repealed).

Repealed by regulation published Gazette 19 April 1975, pp. 1761-1763.

Interest Payable on Moneys in Common Fund

10. (1) For the purposes of section 19 (1) of the Act the interest payable to the respective estates on moneys which form part of the Common Fund shall be computed at the following yearly rates:-

Class 1.-Upon moneys received pursuant to Part III of the Act (other than as attorney, agent, receiver, receiver and manager or liquidator) or pursuant to section 59;

(a) While held for minors or persons under disability or for beneficiaries not

entitled to payment at call . . . . . . . . 11.00 per cent (b) While held payable in the ordinary

course of administration or at call . . 4.50 per cent (c) The Public Trustee shall fix the date

on which any moneys pass from one category to the other.

Class 2.-Upon moneys received as attorney, agent, receiver or receiver and manager-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 the rate shall be fixed by the Public Trustee.

Class 3.-Upon moneys belonging to estates held or administered in accordance with Parts VI or VII of the Act-

On any amount up to $2,000 . . . . . . . . . . 4.50 per cent On all in excess of $2,000 . . . . . . . . . . . . 11.00 per cent Class 4.-Upon any other moneys received under the Act or any other Act-4.50 per cent.

(2) The Public Trustee shall fix the date upon which interest payable in accordance with this Regulation shall begin to accrue and such interest, except where otherwise directed by the Public Trustee, shall be computed on the minimum monthly balance of moneys held.

Further substituted by regulation published Gazette 5 February 1966, pp. 990-992;

as amended by regulations published Gazette 25 December 1971, pp. 2027-2028; 19 April 1975, pp. 1761-1763; 23 December, 1978, p. 1976; 20 December 1980, p. 1631; 12 September 1981, p. 157; 19 December 1981, p. 1630; 19 February 1983, p. 657.

lOA. (Repealed).

Repealed by regulation published Gazette 3 October 1931, p. I 017.

11, llA. (Repealed).

Repealed by regulation published Gazette 5 February 1966, pp. 990-992.

12-17. (Repealed).

Repealed by regulation published Gazette 23 December 1978, p. 1976.

18, 19. (Repealed).

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20. It shall not be necessary that any claims which, in the opinion ofthe Public Trustee, are correct and payable out of the Public Trustee's Account shall be audited before they are paid, otherwise than by an officer of the Public Trust Office.

21. The Public Trustee may require any claim upon him to be made in the form required by him.

Substituted by regulation published Gazette 19 April 1975, pp. 1761-1763; as amended by regulation published Gazette 23 December 1978, p. 1976.

22. (Repealed).

Repealed by regulation published Gazette 19 April, 1975, pp. 1761-1763.

23. ( 1) A claimant may authorise, by a special or general order, in such form as is from time to time approved of by the Public Trustee, that any payment may be 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 Trustee.

(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 Trustee has received actual notice in writing of such revocation.

As amended by regulations published Gazette 19 April 1975, pp. 1761-1763; 23 December 1978, p. 1976.

24, 25. (Repealed).

26. The District Public Trustees and officers and agents of the Public Trustee will 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 Trustee.

27. (Repealed).

28. (Repealed).

Forms of documents.

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 Trustee shall be in the form prescribed or

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required by law in ordinary cases, but shall set out the appointment or authority under which the Public Trustee purports to act in the matter.

As amended by regulation published Gazette 23 December 1978, Po 19760

31. The undermentioned fees shall be payable to the Public Trustee in respect of the matters mentioned:-

( a) Subject to paragraph (f) of this Regulation, upon the aggregated value of:-

(i) the gross realised capital of any estate in respect of which the Public Trustee is executor, trustee or administrator with or without the Will annexed or of any estate in respect of which no charges and remuneration are otherwise provided in these Regulations; and

(ii) the total unrealised value as fixed by the Public Trustee of any real and/or personal property (not being cash) transferred or delivered in kind to any persons entitled thereto as a 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- On any amount up to $100,000 0 0 0 0 0 0 3.50 per cent On all in excess of $100,000 up to

$500,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

On all in excess of $500,000 up to

$750,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

On all in excess of $750,000 0 0 0 0 0 0 0 0

Provided that-

2.50 per cent 1.50 per cent 1.00 per cent (A) When the Public Trustee is administering the estate of a

deceased person and, at the time of death of that person, held an amount in his accounts to the credit of that person, which amount becomes part of the deceased estate of that person and commission has already been received by the Public Trustee in respect of that amount, the charge on such amount on its transfer to the deceased estate shall not exceed 2.50 per cent.

(B) When an Order to Administer is obtained or an Election to Administer is filed, the minimum charge under this paragraph shall be $94.00.

(C) In computing the charge in respect of real or personal property, both realised and unrealised, which is subject to any legal or equitable mortgage, charge or encumbrance, or which, when the Public Trustee commences his administration, is being purchased under a contract under which purchase money is owing, the Public Trustee may fix the amount upon which the charge is to be made, provided that such amount does not exceed the gross amount realised or the gross value of the property as the case may be.

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(D) Upon capital moneys and other property vested in the Public Trustee as trustee under a deed of trust or settlement the minimum charge under this paragraph shall be $138.50.

(b) Upon the gross capital of any estate in respect of which the Public Trustee is acting as attorney, agent, receiver or receiver and manager-such charge as shall be arranged between the Public Trustee and the principal or as is otherwise agreed upon or is allowed by the Court. If no charge is so arranged, agreed upon or allowed, the charge shall be in accordance with paragraph (a) of this Regulation.

Minimum charge-$94.00.

(c) Upon the gross realised capital of estates being administered in accordance with Parts VI and VII of the Act and "The Charitable Institutions Management Act of 1885"-

0n any amount up to $100,000 ... . On all in excess of $100,000 up to $500,000 On all in excess of $500,000 up to $750,000 On all in excess of $750,000 ... .

3.50 per cent 2. 50 per cent 1.50 per cent 1.00 per cent Provided that if when the authority of the Public Trustee commences the Public Trustee holds funds on behalf of the person whose estate is being so administered and commission has already been received by the Public Trustee in respect of those funds under paragraph (d) of this Regulation, the charge in respect of those funds under this paragraph shall be reduced by the amount of the charge received by the Public Trustee under paragraph (d) in respect of such funds.

(d) Upon moneys forming part of an estate administered by the Public Trustee, retained and administered on behalf of a person entitled thereto as a beneficiary or cestui que trust who is not sui juris, unless a charge is payable on those moneys under paragraph (c) of this Regulation-3.00 per cent.

(e) Upon the gross income received by the Public Trustee in respect of any estate (including any trust, which term shall include the Disaster Appeals Trust Fund)-

On the first $50,000 per annum ... . On all over $50,000 per annum ... . Provided that-

6.00 per cent.

5.00 per cent.

(A) Upon interest from the Common Fund from Commonwealth Government Inscribed Stock or Bonds, from Debentures or Inscribed Stock of Local Authorities, Public Authorities or Semi-Governmental Authorities and from fixed deposits with banks, the charge shall be 5.00 per cent.

(B) Upon gross income received as attorney, agent, receiver or receiver and manager, the charge shall be as arranged between the Public Trustee and his principal or as is otherwise agreed

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upon or as is allowed by the Court. If no charge is so arranged, agreed upon or allowed the charge shall be in accordance with this paragraph.

(C) When the Public Trustee is conducting a business in any estate or matter, the charge shall be upon the net profit from the business as shown in the profit and loss account prepared by the Public Trustee instead of upon the gross income received by the business, but should a charge made on this basis be, in the opinion of the Public Trustee, inadequate remuneration for the amount of work performed by the Public Trustee in conducting such business, the Public Trustee may fix a fee for conducting and/or supervising the business in lieu of making a charge as provided by this paragraph of this Regulation.

(f) When the gross value of the estate of a deceased person does not exceed ten thousand dollars and a person being the widow or widower or an infant child of the deceased and being a resident of the Commonwealth of Australia is at the date of death of the deceased entitled to an interest as beneficiary in such estate, which interest would be called upon in the administration of the estate to bear an amount by way of commission payable under paragraphs (a) and (h) and/or charges payable under paragraphs (t) and (v) of this Regulation, then the Public Trustee shall credit to each such person by way of rebate one-halfofthe commission andjor charges so payable which the interest of that person in the estate of the deceased would but for the provisions of this paragraph be called upon to bear.

(g) For resealing a grant of administration made outside Queensland or obtaining a grant in Queensland on behalf of an executor or administrator resident outside Queensland where the Public Trustee does not administer the Queensland estate, the charge shall be as is agreed upon or as, in the absence of agreement, the Public Trustee fixes.

(h) Subject to paragraph (f) of this Regulation upon the capital and income of assets outside Queensland received or realised by the Public Trustee as principal administrator through an ancillary administrator- such rate as the Public Trustee shall fix, not exceeding 2.50 per cent.

(i) Upon the capital of any property administered under the provisions of Part VIII, Division 2 of the Act-1 0.00 per cent.

U) Upon moneys forming part of an estate, trust or matter administered or dealt with by the Public Trustee and transferred to the Unclaimed Moneys Fund in pursuance of section 116 of the Act and all other moneys received by the Public Trustee under Part VIII, Division 1 of the Act-5.00 per cent.

(k) Upon the gross income received from property administered by the Public Trustee under Part VIII, Division 2 of the Act-7.50 per cent.

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(1) Upon moneys paid to the Public Trustee under and in pursuance of the provisions of the Act or of any other Act, Rule, Regulation or By-law-

On any amount up to $100,000 ... . On all in excess of $100,000 up to $500,000 ..

On all in excess of $500,000 up to $750,000 ..

On all in excess of $750,000 ... .

3.50 per cent 2.50 per cent 1.50 per cent 1.00 per cent Minimum charge-$46.00.

Provided that no charge shall be made under this paragraph in respect of moneys paid to or representing the proceeds of property transferred to or vested in the Public Trustee pursuant to the provisions of sections 35B, 35c, or 35D of the Collections Act 1966-1977.

(m) For the consent of the Public Trustee to any lease or sublease or transfer or assignment of a lease or sublease-$56.00.

(n) For making a copy of any document, including an account- Copy made by photographic or similar means, per

page or sheet . . . . . . . . . . . . . . . . . . . . . . . . . . Copy made otherwise per folio . . . . . . . . . . . . . . . .

$0.50;

$0.71.

(o) For production of a document at the Titles Office or other Government registration office-$58.50.

(p) For the investi~ation and audit of accounts of any trust in pursuance of the provisiOns of section 60 of the Act-such charge as may be fixed by the Public Trustee.

The charge so fixed shall be exclusive of the cost of Court proceedings or of fees payable to any auditor.

( q) For signing a memorandum of discharge of a mortgage pursuant to section 61 of the Act or a memorandum of transfer pursuant to section 62 of the Act and holding the amount received for the person entitled thereto-such fee as may be fixed by the Public Trustee, but not less than $94.00.

(r) For making and prosecuting an application for compensation under the Worker's Compensation Act or for conducting any appeal or reference under the provisions of that Act-such fee as may be fixed by the Public Trustee, having regard to the work involved.

(s) Upon the proceeds of special policies of life assurance issued by the State Government Insurance Office (Queensland) for the purpose of paying probate, succession and other duties in respect of which the Public Trustee is trustee-2.50 per cent.

(t) Subject to paragraph (f) of this Regulation, upon an application for and obtaining Orders to Administer or filing Elections to Administer-

When the gross value of the estate-

Does not exceed $10,000 ... . Exceeds $10,000 but does not exceed $50,000 ... . Exceeds $50,000 . . . .

$94.00

$138.50

$184.50

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Provided that should a charge made in accordance with this paragraph . be, in the opinion of the Public Trustee, inadequate remuneration for the amount of work performed by the Public Trustee in or incidental to the attaining of an Order to Administer or the filing of an Election to Administer the Public Trustee may fix a fee therefor in lieu of making a charge as provided by this paragraph of this Regulation.

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(1) Obtaining exemplification or certified copy of Order or Election to Administer for the purpose of collecting assets situated outside Queensland-$46.00.

(2) Preparing Power of Attorney for a similar purpose-$69.00.

(v) Subject to paragraph (f) of this Regulation for preparation and passing of succession accounts and death duty returns-such fee as may be fixed by the Public Trustee, but not less than $56.00 nor more than

$461.00.

(w) For acting as auctioneer or commission agent in the sale of any property-

( 1) When the property forms part of an estate being administered, managed or controlled by the Public Trustee in pursuance of any provisions of the Act or any other Act-such charge as may be fixed by the Public Trustee;

(2) In any other case-such charge as may be arranged between the Public Trustee and his principal or is otherwise agreed upon or, if no charge is arranged or agreed upon, as the Public Trustee may fix;

Provided that any charge under this paragraph shall not be in excess of the charge from time to time authorized by the Auctioneers and Agents Act 1971-1977 to be made for a like service by an auctioneer or real estate agent.

(x) For any service or matter, not otherwise mentioned in this Regulation-such charge as is agreed upon, or as, in the absence of agreement, the Public Trustee fixes.

Further substituted by regulation published Gazette 11 February 1978, pp. 524-525;

as amended by regulations published Gazette 23 December 1978, p. 1976; 19 January 1980, p. 157; 20 December 1980, p. 1631; 12 September 1981, p. 157; 19 December 1981, p. 1630; 16 October 1982, pp. 752-753; 19 November 1983, p. 1248; 27 October 1984, p.

930.

32. (Repealed).

Repealed by regulation published Gazette 13 December 1975, pp. 1449-1450.

· 33. The Public Trustee may remit any of the foregoing charges either in whole or in part unless the Minister shall, either generally or in a particular case, otherwise direct; provided that the Public Trustee shall not remit charges in any particular estate or matter by an amount exceeding $100.00 without the approval of the Minister.

Substituted by regulation published Gazette 19 April 1975, pp. 1761-1763; as amended by regulations published Gazette 23 December 1978, p. 1976; 19 January 1980, p. 157.

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34. In addition to the foregoing charges, there shall also be chargeable and payable all expenses and disbursements incurred by the Public Trustee in postage, exchange, telegrams, legal assistance, or legal proceedings or charges, fees payable in any Court or public Department, surveys, the collection of rents, auctioneers' charges, travelling expenses, and any other expenses or disbursements which, in the opinion of the Public Trustee, are necessary or expedient to be provided for or incurred in the management of the estate to which the charge relates.

Substituted by regulation published Gazette 29 November 1932, pp. 1725-1726; as amended by regulations published Gazette 19 April 1975, pp. 1761-1763; 23 December 1978, p. 1976.

Investigation and audit of private estates.

35. With respect to the investigation and audit of the condition and accounts of private trust estate, the following provisions shall apply:-

(a) The beneficiary or trustee desiring the investigation and audit to be made shall make application to the Public Trustee in the Form No. 2 in the Schedule hereto.

(b) The application may name a person whom the applicant agrees should be appointed to make the investigation and audit.

(c) The appointment shall be made by the Public Trustee in the Form numbered 3 in the said Schedule, and by notice in the Form No. 4 in the said Schedule the Public Trustee shall inform the applicant and the private trustees thereof.

(d) The remuneration of the auditor and the other expenses of the investigation and audit (excluding the Public Trustee's charge, which is provided for under these Regulations) shall be such as are fixed by the Public Trustee, with the concurrence of the private trustees, or, if they do not agree, then by the Minister.

(e) The forms in the Schedule hereto may be modified to accord with the facts as far as known.

As amended by regulations published Gazette 16 March 1916, p. 1180; 5 February 1966, pp. 990-992; 13 December 1975, pp. 1449-1450; 23 December 1978, p. 1976.

Advisory trustees.

36. Subject to the provisions of the trust instrument (if any), the remuneration of advisory trustees shall, in the case of each estate, be such as is fixed by the Public Trustee with the concurrence of the advisory trustees, or, if they do not agree, then by the Minister.

37. The Public Trustee shall have power to make rules for the guidance of his agents.

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Reg. 38 PUBLIC TRUSTEE REGULATIONS 1978 Reg. 42 II

38. The Public Trustee may make arrangements with the Commissioners of Stamp Duties as to the mode and times of paying stamp and succession duties on estates administered by him.

As amended by regulations published Gazette 12 January 1946, p. 74; 23 December 1978, p. 1976.

39. (Repealed).

Repealed by regulations published Gazette 12 January 1946, p. 74.

40. (1) The Public Trustee shall, whenever so approved by the Minister or the Under Secretary, Department of Justice, or any person authorised in writing in that behalf by either of them, render to any person aid in connection with any civil proceedings by or against that person provided that that person is ineligible for legal aid in the pursuance of the provisions of the Legal Assistance Act 1965-1971, or, being eligible, has been refused legal aid in pursuance of that Act.

(2) The Public Trustee may for such purpose instruct the Official Solicitor or Counsel to render aid accordingly; and may, with the approval of the Minister, the Under Secretary or any person authorised as aforesaid, engage outside Counsel or Solicitors to render aid, in which case the Public Trustee may pay any proper fees and charges payable to such outside Counsel or Solicitors.

(3) An authority in writing in accordance with paragraph (1) hereof may be to a person by name or to the person for the time being discharging the duties of an office specified by its title.

Further substituted by regulation published Gazette 29 June 1974, p. 1221; as amended by regulation published Gazette 23 December 1978, p. 1976.

41. (Repealed).

Repealed by regulation published Gazette 29 June 197 4, p. 1221.

41A. (Repealed).

42. (1) From the interest earned by investments made from the Common Fund and the fees and commissions received by the Public Trust Office, the Public Trustee shall, from time to time during each financial year, pay to the Treasury in accordance with the Regulations at present in force in relation to collection of revenue such sum as will recoup the advances made by the Treasury for salaries and expenses of the Public Trust Office:

Provided, however, that there shall be first deducted from such interest a sum equal to the amount required to meet the interest payable to the respective estates on moneys which form part of the Common Fund.

(2) Any surplus profit after the deduction abovementioned shall remain in the Common Fund.

Substituted by regulation published Gazette 29 November 1932, pp. 1725-1726; as amended by regulations published Gazette 12 January 1946, p. 74; 23 December 1978, p. 1976.

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Fees for conveyancing.

43. Fees for such conveyancing work as the Public Trustee may, in his discretion, undertake shall be as fixed from time to time by him, having regard to the circumstances and the work involved.

Substituted by regulation published Gazette 29 November 1932, pp. 1725-1726; as amended by regulation published Gazette 23 December 1978, p. 1976.

44. The Public Trustee may destroy any records or documents kept by him after such period or periods as the Minister shall in writing approve either generally or specially in -any case and the Public Trustee shall not incur any liability by reason of any such destruction.

Original regulation 44 repealed by regulation published Gazette 5 February 1966, pp.

990-992.

Present regulation 44 inserted by regulation published Gazette 19 April 1975, pp.

1761-1763; as amended by regulation published Gazette 23 December 1978, p. 1976.

45. (Repealed).

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Sch. PUBLIC TRUSTEE REGULATIONS 1978 Sch. 13 SCHEDULE

As amended by regulations published Gazette 12 January 1946, p. 74; 23 December 1978, p. 1976; 20 December 1980, p. 1631; 16 October 1982, pp. 752-753; 30 October 1982, p. 1122.

[Form 1.]

Declaration of Secrecy.

I, [full name], of [address and occupation], do hereby solemnly and sincerely declare that I will truly and faithfully, according to the best of my skill and ability, perform the duties imposed upon me in my capacity as (1) a member of the staff of the Public Trust Office, or (2) an agent of the Public Trustee, and that in the performance of my said duties I will hold myself bound not to divulge or communicate any matter or thing coming to my knowledge appertaining to the business of the Public Trust Office, or to the affairs of any estates under the administration or in relation to the private affairs of any person concerned therein, to any person whomsoever, except as may be authorised by law to a person directly interested and entitled to information, or for the purpose of assisting to carry out the powers and functions of the Public Trustee and my own proper duties.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of "The Oaths Acts, 1867 to 1960".

Declared at before me,-

this day of

(Signature.) 191

A Justice of the Peace.

[Form 2.]

Application for inspection of private estate.

In the matter of Public Trustee Act 1978, and of certain private estate, to wit, the estate

of [name of private-e.g., deceased

(or as the case may be)].

I. I [full name], of [address and occupation], being a beneficiary in the abovementioned private estate, hereby apply to the Public Tnistee for an investigation and audit of the conditions and accounts of the said estate.

2. The trustees are [full names of all the trustees so far as known].

3. I am not satisfied on the following points [set out briefly the points].

4. I will give security to the Public Trustee's satisfaction to cover the costs and expenses involved.

5. I suggest that the auditor be [name him or her].

(or)

I will accept as auditor any person approved by the Public Trustee.

Dated at the day of , 19 .

(Signature of Applicant.) As amended by regulation published Gazette 23 December 1978, p. 1976.

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[Form 3.]

Inspection of private estates.

In the matter of, &c. [as in Form 2].

Appointment of Auditor.

To [name of auditor].

Pursuant to the abovementioned Act, I hereby appoint you as auditor to investigate and audit the condition and accounts of [name the private estate].

A.B.,

Public Trustee.

[Form 4.]

Inspection of private estates.

In the matter of, &c. [as in Form 2].

Notice of appointment of auditor.

To [name of applicant for investigation] and to [name of the private trustees].

Please note that, pursuant to the abovementioned Act [full name] has been appointed as auditor to investigate and audit the condition and accounts of the abovementioned estate.

Notice of the auditor's appointment was given to him by me on [date].

Public Trustee.

As amended by regulations published Gazette 23 December 1978, p. 1976.

[Form 5]

In the Matter of the Public Trustee Act and

In the (estate or matter) of (name the estate or matter)

CERTIFICATE OF AUTHORITY OF THE PUBLIC TRUSTEE

The Public Trustee of Queensland hereby certifies that he is authorised to (state the nature of the Public Trustee's authority) pursuant to (state the basis of that authority)

Given under my hand and the Seal of the Public Trustee this day of 19

Public Trustee Original form 5 repealed by regulation published Gazette 23 December 1978, p. 1976.

Present form 5 inserted by regulation published Gazette 16 October 1982, pp. 752- 753.

[Form 6]

MEMORANDUM ON AN ELECTION TO ADMINISTER BY THE PUBLIC TRUSTEE heading as in the Election to Administer

With reference to the Election to Administer filed herein on the

day of , the Public Trustee now finds that the gross value of the property to be administered exceeds the sum of $25,000.00.

Dated this day of

Present form 6 inserted by regulation published Gazette 30 October 1982, p. 1122.

(17)

Sch. PUBLIC TRUSTEE REGULATIONS 1978 Sch. 15 [Form 7]

MEMORANDUM ON AN ELECTION TO ADMINISTER BY THE PUBLIC TRUSTEE REVOKING THE ELECTION

heading as in the Election to Administer With reference to the Election to Administer filed herein on the

day of , the Public Trustee now finds that (reciting the facts applicable) and revokes the said Election

Dated this day of

Present form 7 inserted by regulation published Gazette 30 October 1982, p. ·1122.

[Form 8]

[Form 9]

[Form 10]

[Form II]

Repealed by regulation published Gazette 16 October 1982, pp. 752-753.

[Form 12]

[Form 13]

[Form 14]

[Form 15]

[Form 16]

Repealed by regulation published Gazette 30 October 1982, p. 1122.

[Form 17]

[Form 18]

68200-By Authority: S. R. HAMPSON, Government Printer, Queensland

(18)

(19)

INDEX

TO

PUBLIC TRUSTEE REGULATIONS 1978

Act-

meaning of term Advisory trustee-

remuneration of Agents-

Public Trustee may make rules for guidance of

Claimant-

may autborise payment to anotber person

A

c

Commissioners of Stamp Duties-

Public Trustee to arrange witb, re payment of stamp duty . . . . Common Fund-

interest earned by investments made from interest payable on moneys in

Conveyancing- fees for

Declaration of secrecy . . . . . . . . District Public Trustees and Officers-

to be held responsible for errors ..

Documents-

executed by Public Trustee to be in prescribed form

Estate. See also Private trust estates.

D

E

~~f~~:!~ay . .iedua Fees i'foni iund5 of" . . . . . . . .

Public Trustee to render accounts to show state or every trust ..

Fees-

for conveyancing . . . . . . payable to tbe Public Trustee Public Trustee may deduct ..

Forms-

F

Public Trustee may require any claim to be on prescribed ..

Schedule of . . . . . . . . . . . . . . . . . . . . . . to be used where applicable . . . . . .

Institution- meaning of term Interest-

payable on moneys in Common Fund

I

reg. lA

36

37

23

38

42 10

43

3, f. I

reg. 26

If.

30

lA 6 8

43 31 6

21 1-7 reg. 29

lA 10

.. .. .. ..

Page

10

4

II

II 3

12

2, 13

4

I 2 2

12 5 3

4 13-15 4

(20)

Meaning of terms- Estate . . . . Institution ..

Property ..

Savtngs Bank The Act Minister-

M

may approve Public Trustee to give legal aid to persons

Private trust estates- investigation and audit of Property-

meaning of term Public Trust Office- hours of business Public Trustee-

claims upon to be in prescribed forms expenses and disbursements payable to fees payable to . . . . . . . . . . . . may deduct fees from funds of estates . may destroy records . . . . . . . . . . may fix remuneration of advisory trustees

p

may recover overpayment . . . . . . . . . . . . . . may remit any fees . . . . . . . . . . . . . . . . . . may render legal aid to persons approved by Minister ..

provision re investigation and audit of private estates ..

seal of . . . . .

shall fix scale of charges . . . . . . . . . . . . . . . . sball have power to make rules for guidance of agents . . . . sball render accounts to show position of every trust estate to arrange with Commissioners of Stamp Duties re payment

of stamp duty . . . . . . . . . . to pay to Treasury from Common Fund ..

Savings Bank- meaning of term Seal of Public Trustee

s

reg. lA

!A

40

35

!A

2

21 34 31 6 44 36 7 33 40 35 4 37 5 8 42 38

lA 4

68200 (iju81}-By Authority: S. R. HAMPSON, Government Printer, Queensland D-258

Page

11

10

2

4 10 5 3 12 10 3 9 11 10 2 2 10 2 II 11

2