Australian Capital Territory
AUSTRALIAN CAPITAL TERRITORY

trustee companies act 1947
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 21 December 2000
TABLE OF PROVISIONS
Section
	1.	Short title
	3.	Interpretation
	3A.	Change of name
	4.	Company may act as executor and obtain probate
	5.	Authorisation given to trustee company to act by person entitled to probate
	6.	Authorisation given to trustee company to act by 1 of several executors
	7.	Authorisation given to trustee company to act by person entitled to administration with will annexed
	8.	Authorisation given to trustee company to act by person entitled to administration on intestacy
	8A.	Capacity of trustee company to act
	9.	Court to act upon affidavit of managing director or manager in applications for probate or administration
	10.	Assets of company to be liable for proper administration of estates
	11.	Company may be appointed trustee, receiver or guardian of estate
	12.	Company may act under power of attorney by managing director, manager or 2 directors
	13.	Company may be appointed to act as temporary executor or administrator
	14.	Executor or administrator may appoint company to discharge duties
	15.	Application for consent to be by motion
	16.	Managing director or manager may attend on behalf of company
	17.	Manager and directors personally responsible to court

	18.	Estate fees
	18A.	Fees for preparation of returns
	18B.	Fees generally
	19.	Trustee company to be subject to same duties as individual
	19a.	Company may hold property as joint tenant
	20.	Company may be removed from office by court and provisions for relief against company or directors
	21.	Order for account on application of trustee etc
	22.	Supreme Court may order audit in any estate committed to the company
	23.	Voluntary winding up of company or disposal of shares may be restrained by Supreme Court
	24.	Restriction upon classes of business
	25.	Separate accounts of each estate to be kept
	25a.	Contributory investments
	25B.	Common trust funds
	25C.	Crediting of moneys to common trust fund
	25D.	Investment in and withdrawal from common trust fund
	25E.	Beneficial interest in common trust fund
	25F.	Valuation of common trust fund
	25G.	Payment of income
	25H.	Realisation and acquisition of investments of common trust fund
	25I.	Trustee company acting jointly with another person
	25J.	Fees in relation to common trust fund
	26.	Improper dealings with money
	27.	Power to deposit moneys with certain banks
	28.	Payment of moneys unclaimed
	29.	Persons entitled may apply subsequently
	30.	Order for account on application of minister
	31.	Quarterly financial declarations
	31a.	Information etc for Minister
	31b.	Inquiries and audits
	32.	Act not to preclude other companies from applying for similar powers to those conferred by this Act
	33.	Testators may appoint their own solicitors
	34.	Incorporation and powers of company except so far as specifically altered to remain
	35.	Regulations
	36	Transitional
Schedule 1
Specified trustee companies
Schedule 2
Quarterly financial declaration

Australian Capital Territory
AUSTRALIAN CAPITAL TERRITORY

trustee companies act 1947
An Act relating to trustee companies
1 	short title
	This Act may be cited as the trustee companies act 1947.1
3 	Interpretation
	In this Act, unless the contrary intention appears—
“books” has the same meaning as in the Corporations Law;
“financial institution” means—
	(a)	a bank;
	(b)	an insurance company;
	(c)	a financial corporation to which the financial corporations act 1974 of the commonwealth applies;
	(d)	the trustee or managers of any superannuation fund established by any law of the Commonwealth or of a State or Territory; or
	(e)	a body corporate declared by the Minister by notice in the gazette to be a financial institution for the purposes of this provision;

“first valuation day”, in relation to a common trust fund, means the day determined under subsection 25B (6) for the purpose of valuing the fund;
“insurance company” means a company registered under section 21 of the life insurance act 1995 of the Commonwealth;
“manager” includes acting manager;
“managing director” includes acting managing director;
“officer” has the same meaning as in the Corporations Law;
“related body corporate” has the same meaning as in the Corporations Law;
“the court” means the supreme Court of the Territory;
“trustee company” means a company—
	(a)	incorporated in the Territory and specified in schedule 1; or
	(b)	that is a recognised company or a foreign company within the meaning of section 9 of the Corporations Law and authorised by or under any law in force in a State or Territory of the Commonwealth to act in that State or Territory as executor, administrator and trustee;
“valuation day”, in relation to a common trust fund, means—
	(a)	a day referred to in subparagraph 25F (1) (a) (i) or (ii); or
	(b)	any other day on which, pursuant to paragraph 25F (1) (b), a valuation of the fund is carried out.
3A 	Change of name
	Where—
	(a)	a company changes its name in accordance with the Corporations Law; and
	(b)	the company, under its former name, is specified in Schedule 1;
the reference in that Schedule to the company under its former name shall be taken to be a reference to the company under its new name.
4 	company may act as executor and obtain probate
	Where a trustee company is named expressly or by implication as executor in the last will and testament or in the codicil to the last will and testament of any testator, that company may act as executor, and may apply for and obtain probate of the will of the testator and perform and discharge all the acts and duties of an executor.
5 	Authorisation given to trustee company to act by person entitled to probate
(1)		Where a person is named expressly or by implication as executor of the will of a deceased person and is entitled to apply for and obtain probate of the will without reserving leave to any other person to apply for probate, that firstmentioned person may—
	(a)	join with a trustee company in an application for a grant of probate of the will to that person and the trustee company jointly; or
	(b)	instead of applying personally, authorise a trustee company to apply for a grant of letters of administration with the will annexed.
(2)		Where an application is made pursuant to subsection (1), the court may grant letters of administration with the will annexed in accordance with the application unless the testator by his or her will has expressed the desire that—
	(a)	the office of executor should not be delegated; or
	(b)	a trustee company or that particular trustee company should not act in the trusts of the will.
6 	Authorisation given to trustee company to act by 1 of several executors
(1)		Where a person is named expressly or by implication as executor of the will of a deceased person and is entitled to apply for and obtain probate of the will jointly with any other person, that firstmentioned person may—
	(a)	join with a trustee company and any other person entitled to apply for probate in an application for a grant of probate of the will to that person, the trustee company and any other such person jointly; or
	(b)	instead of applying personally, authorise a trustee company to apply for a grant of probate of the will, either—
	(i)	alone, with leave reserved for any person to come in and prove; or
	(ii)	jointly with any other person entitled to apply for probate;
in the same manner as if the trustee company had been originally named as an executor of the will in addition to or in the place of that firstmentioned person.
(2)		Where an application is made pursuant to subsection (1), the court may grant probate of the will in accordance with the application unless the testator by his or her will has expressed the desire that—
	(a)	the office of executor should not be delegated; or
	(b)	a trustee company or that particular trustee company should not act in the trusts of the will. 
7 	Authorisation given to trustee company to act by person entitled to administration with will annexed
(1)		Where a person is entitled to apply for and obtain a grant of letters of administration with the will annexed of the estate of a deceased person, the person may—
	(a)	join with a trustee company in an application for a grant of letters of administration with the will annexed to the person and the trustee company jointly; or
	(b)	instead of applying personally, authorise a trustee company to apply for a grant of letters of administration with the will annexed.
(2)		Where an application is made pursuant to subsection (1), the court may grant letters of administration with the will annexed in accordance with the application unless the testator by his or her will has expressed the desire that the office of administrator should not be held by a trustee company or that particular trustee company.
8 	Authorisation given to trustee company to act by person entitled to administration on intestacy
(1)		Where a person is entitled to obtain administration of the estate of a person who died intestate, the person may—
	(a)	join with a trustee company in an application for a grant of letters of administration of the estate to the person and the trustee company jointly; or
	(b)	instead of applying personally, authorise a trustee company to apply for a grant of letters of administration of the estate.
(2)		Where an application is made pursuant to subsection (1), the court may grant letters of administration of the estate in accordance with the application.
8A 	Capacity of trustee company to act
	Where—
	(a)	administration of an estate with or without the will annexed; or
	(b)	probate of a will;
is granted to a trustee company, either alone or jointly with another person, the trustee company may perform and discharge all the acts and duties of administrator, administrator with the will annexed or executor, as the case may be.
9 	Court to act upon affidavit of managing director or manager in applications for probate or administration
	In any case in which a trustee company is empowered under this Act to apply for probate or for letters of administration the court may receive and act upon an affidavit made by the managing director or manager of the company in place of any affidavit required to be made by persons making application for probate or for letters of administration.
10 	Assets of company to be liable for proper administration of estates
(1)		In any case in which probate or letters of administration are granted to a trustee company, all the capital both paid and unpaid and all other assets of the company shall be liable for the proper administration of the estate committed to the company and, so long as a trustee company possesses a paid-up capital of not less than $40,000, of which paid-up capital $20,000 is invested in the purchase of debentures or inscribed stock in such of the public funds of the Commonwealth as the directors of the company select, in the name of the Treasurer of the Commonwealth, in trust for the company concerned, but transferable only upon the joint consent of the Treasurer and the company or upon the order of the court, the liability of the capital and assets of the company shall be deemed to be sufficient security in place of the bond taken in the case of a private individual to whom letters of administration are granted or the bond required by subsection (2) to be furnished.
(2)		Subject to subsection (1), a trustee company which is a foreign company shall, in relation to the grant of probate to the company, be subject to the like obligations with respect to the furnishing of a bond with sureties as are applicable to a private individual to whom letters of administration are granted, and any such bond shall be deemed to be an administration bond for the purposes of the administration and probate act 1929.
11 	Company may be appointed trustee, receiver or guardian of estate
(1)		In all cases where any court, judge or person has power to appoint any person as —
	(a)	trustee;
	(b)	receiver; or
	(c)	guardian of the estate of an infant;
a trustee company may be so appointed.
(2)		Subject to this section, a trustee company may be appointed, or may continue to act, as sole trustee in all cases notwithstanding that it is provided by the terms of the instrument (if any) creating the trust or of any power or otherwise that there shall be more than 1 trustee to perform the trust.
(3)		Where a trustee company and 1 or more individuals are co-trustees, any 1 or more of those individuals may retire, and the company shall, for the purposes of any law relating to the retirement of trustees and the vesting of the trust property, be deemed to be equivalent to 2 trustees.
(4)		A trustee company shall not be appointed in any case in which the instrument creating the trust or power forbids the appointment of a trustee company or of that particular trustee company.
(5)		A trustee company shall not be appointed or be entitled to act as sole trustee in any case in which the instrument creating the trust or power expressly provides that there shall be another trustee in addition to a trustee company or that a trustee company or that particular trustee company shall not be appointed or act as sole trustee.
(6)		In every case in which a trustee company is appointed or acts in any of the offices mentioned in subsection (1), all the capital of the company, both paid and unpaid, and all other assets of the company and the directors, manager, and assistant manager and their respective estates shall be liable for the proper discharge of the duties of that office.
(7)		No bond, recognisance, or other security for the proper discharge of such duties shall be required to be given by or on behalf of a trustee company.
12 	company may act under power of attorney by managing director, manager or 2 directors
(1)		A trustee company may act under any power of attorney by which the trustee company is appointed attorney by any person, and all the powers conferred upon the trustee company by any such power of attorney may be exercised and carried into execution by the managing director or manager or 2 of the directors of the trustee company, but in all cases the capital both paid and unpaid and all other assets of the trustee company shall be liable for the due execution of the powers so conferred upon the trustee company.
(2)		This section shall not authorise any person to confer any power upon a trustee company which cannot be legally conferred upon a private individual.
13 	company may be appointed to act as temporary executor or administrator
	An executor or administrator or trustee may appoint a trustee company to act as executor or administrator or trustee in his or her stead, and a trustee company if appointed by deed filed in accordance with any law providing for the filing of powers of attorney may act within the scope of the authority conferred upon it as effectually as the executor or administrator or trustee could have acted and may exercise all discretionary and other powers delegated by the principal as fully as the principal could have exercised them, and after the filing of the deed and before the registration of the death of the principal or of the revocation of the authority given by the principal every act of the trustee company within the scope of the authority conferred shall, in favour of any person who deals with the trustee company, bona fide, and without notice of the death of the principal or of his or her revocation of the authority, be valid and effectual notwithstanding the revocation by, or death of, the principal.
14 	Executor or administrator may appoint company to discharge duties
(1)		An executor or administrator acting under any probate or letters of administration, whether granted before or after the date upon which this Act comes into operation, or a trustee, receiver or guardian of an infant may, with the consent of the court, appoint a trustee company to perform and discharge all the acts and duties of that executor, administrator, trustee, receiver or guardian.
(2)		The trustee company may, upon being so appointed, perform and discharge all the acts and duties of the executor, administrator, trustee, receiver or guardian.
(3)		In every such case, all the capital both paid and unpaid and all other assets of the trustee company shall be liable for the proper discharge, from the date of the appointment, of the acts and duties of the executor, administrator, trustee, receiver or guardian, and the executor, administrator, trustee, receiver or guardian shall be released from liability in respect of all acts done by, or omitted to be done by, the trustee company acting under an appointment in pursuance of this section.
15 	Application for consent to be by motion
(1)		Every application for consent under section 14 shall be by motion, and notice of the intended application and of the date on which it is intended to be made shall be advertised once in 1 daily newspaper published in the Territory at least 7 days before the making of the application.
(2)		The court may require any person entitled to the immediate receipt of any of the income or corpus of the estate in respect of which the application is made to be served with notice thereof.
(3)		The costs of the application shall be in the discretion of the court and may be ordered to be paid out of the estate.
(4)		The court shall not give consent in the case of any will in which the testator has expressed his or her wish that the trusts of the will should not be delegated or that a trustee company or the particular trustee company in relation to which the application is made should not act in the trusts of the will.
16 	Managing director or manager may attend on behalf of company
	In every case in which the personal attendance of an executor, administrator, trustee, receiver or guardian is required, a trustee company may attend in the person of its managing director or manager and the personal duties of executor, administrator, trustee, receiver or guardian may be discharged on behalf of the company by the managing director or manager.
17 	Manager and directors personally responsible to court
(1)		In every case in which a trustee company obtains probate or letters of administration or is appointed and acts as trustee, receiver or guardian, the manager and directors shall be individually and collectively in their own proper persons responsible to the court, and shall in their own proper persons be liable, by process of attachment, commitment for contempt or by other process, to all courts having jurisdiction in that behalf for the proper discharge of their duties and for obedience to the rules, orders and decrees of those courts in the same manner and to the same extent as if the manager and directors had personally obtained probate or letters of administration and had acted as executor, administrator, trustee, receiver or guardian.
(2)		Notwithstanding anything contained in subsection (1), the capital, both paid and unpaid, and all the assets of the company shall remain liable for any pecuniary loss which is occasioned or which happens through the imperfect or improper discharge, or through the neglect of the trustee company concerned, or of any of its officers, of any act or duty in respect of any office, appointment or engagement held or entered upon by the company.
18 	Estate fees
(1)		A trustee company is entitled to charge fees for its services in respect of the administration or management of an estate being fees that are in accordance with the published scale of fees of the company in force at the time the estate was committed to it.
(2)		The directors of a trustee company may, from time to time, determine and publish a scale of fees for the services of the company in respect of estates, including different classes of estates, placed under its administration or management.
(3)		The scale of fees referred to in subsection (2) may include directions in relation to the application and manner of payment of fees.
18A 	Fees for preparation of returns
(1) 		A trustee company is entitled to receive in respect of an estate committed to the administration or management of the company a reasonable fee for work performed by it involving the preparation and lodging of returns in connection with assessments of any duties or taxes, other than probate, death, succession or estate duties.
(2)		The scale of fees referred to in subsection 18 (2) shall include a statement to the effect that, in addition to the scale fees under section 18, a trustee company may charge a reasonable fee for work performed by it involving the preparation and lodgment of returns in connection with assessments of any duties or taxes, other than probate, death, succession or estate duties.
18B 	Fees generally
(1)		The fees payable under sections 18 and 18A in respect of an estate committed to the administration or management of a trustee company are in addition to moneys properly expended by the company in the course of such administration or management and chargeable against the estate.
(2)		The fees payable under sections 18 and 18A in respect of an estate are payable out of moneys of the estate at any time after the estate has been committed to the administration or management of the trustee company in accordance with any relevant directions in relation to the application or manner of payment of such fees.
(3)		Nothing in sections 18 and 18A prevents the payment of a fee that a testator or other person has, in a will or other instrument, directed to be paid—
	(a)	in addition to the fees payable under those sections; or 
	(b)	instead of the fee payable under either of those sections.
(4)		Where, in relation to a fee payable in respect of an estate, the court—
	(a)	upon an application made to it by a person interested in the estate; or
	(b)	of its own motion;
is satisfied that the fee is excessive, the court may direct that the fee be reduced by such amount as it thinks fit.
19 	Trustee company to be subject to same duties as individual
(1)		A trustee company shall, subject to the provisions of this Act, in every case in which it is appointed or acts as an executor, administrator, trustee, receiver or guardian, in addition to the liabilities and restrictions imposed by this Act be subject to the same respective rights, duties and obligations to which an individual acting as executor, administrator, trustee, receiver or guardian would be subject.
(2)		Where any individual acting in any such capacity would be liable in his or her own proper person to attachment, commitment or other process, the managers and directors of a trustee company shall, where the company is acting in any of those capacities, be liable each for his or her own individual act and not further or otherwise in his or her own proper person to attachment, commitment or other process.
19a 	Company may hold property as joint tenant
(1)		A trustee company is capable of acquiring and holding property as a joint tenant with an individual in the same manner as an individual may acquire and hold property as a joint tenant.
(2)		Where a trustee company which is a joint tenant of property is dissolved, the property devolves on the other joint tenant.
20 	Company may be removed from office by court and provisions for relief against company or directors
(1)		Where a trustee company is appointed or acts as executor, administrator, trustee, receiver, guardian or attorney, it shall, in addition to the liabilities and restrictions imposed by this Act, be subject in all respects to the same control and liable to removal as a private individual who acts as executor, administrator, trustee, receiver, guardian or attorney.
(2)		Any person claiming relief against a trustee company for any act done or assumed to be done, or in respect of any act omitted to be done, by the company, its directors or officers, under any of the powers conferred by this Act, may proceed in the court, either by action or other ordinary procedure of the court or in any summary way by motion against the trustee company or against any of its directors or officers.
(3)		In any such proceedings, the court may make such order as it thinks fit.
21 	Order for account on application of trustee etc
(1)		A trustee, cestui que trust, executor, legatee, administrator, wife, husband, next of kin, creditor or infant entitled to or interested in any estate which comes into the possession, or under the control, of a trustee company, who is, upon application to the managing director or manager of the company, unable to obtain a sufficient account of the property or assets of which the estate consists and of the disposal and expenditure of or out of the property or assets, may apply to the court or the judge of the court, upon motion or summons, after notice to the company, but without action or petition for an account.
(2)		If the court or judge is of opinion that a sufficient account has not been rendered by the company the court or judge may order such account to be rendered by the company as the court or judge considers just.
(3)		The court or judge may, if it, he or she considers that a sufficient case has not been established to require the company to furnish an account, dismiss the application.
(4)		The court or judge may make such order as to costs either against the trustee company, or against the applicant, or as to payment of costs out of the estate, as it, he or she thinks fit.
22 	Supreme Court may order audit in any estate committed to the company
(1)		The court or the judge of the court may, on any application under section 21, order, in addition to or in substitution for any account to be rendered by a trustee company, that a person, to be named in the order, shall examine the books and accounts of the company relating to the estate in respect of which the order is made.
(2)		Upon the making of any such order, the company shall deliver to the person named in the order a list of all books kept by it, and shall produce to that person at all reasonable times, when required, all books, accounts, vouchers, papers and other documents of the company relating to the estate, and shall afford to the person all necessary information and all other necessary facilities for enabling him or her to make the examination.
Penalty:  250 penalty units. 
(3)		The court or judge shall have the same power as to the costs of such examination as is given by section 21 in respect of costs of, or occasioned by, an application under that section.
23 	Voluntary winding up of company or disposal of shares may be restrained by Supreme Court
(1)		So long as an estate in respect of which a trustee company is executor, administrator, trustee, receiver or guardian remains in whole or in part unadministered, the company shall not, except with the approval of the court or the judge of the court, be voluntarily wound up.
(2)		Any person interested in any such estate or who has a claim in respect of any such estate may apply to the court or the judge of the court in a summary way to restrain a director or shareholder from disposing of any share which the person holds in the company or to restrain the winding up voluntarily of the company, and the court or judge may upon any such application make such order as it, he or she thinks fit.
24 	Restriction upon classes of business
(1)		Notwithstanding anything contained in the Corporations Law or in the memorandum or articles of association of a trustee company, the trustee company shall not engage in, carry on or be concerned in, any business, trade, venture or undertaking of any kind except—
	(a)	such as is expressly authorised by this Act or by any law of a State or Territory of the Commonwealth;
	(b)	general agency business;
	(c)	the deposit of its own funds with the Commonwealth Bank of Australia or with a corporation lawfully carrying on the business of banking in Australia or in any Territory of the Commonwealth;
	(d)	the investment of those funds in the stock, debentures or marketable securities of any Government or any corporation or company or on purchase of mortgage of real property or Crown leasehold or, in the case of a foreign company, in any manner in which it is lawful for the company to invest its funds under the law of the place of its incorporation; or
	(e)	the management of its investments and other property.
However, a trustee company may guarantee the safety of the principal and the regular payment of the interest of trust funds committed to its management as executor or administrator or trustee, and may give, or enter into, any bond or guarantee for the purpose of enabling any person to obtain administration of the estate of any deceased person in any case where the estate is placed under the management or control of the company by the administrator.
(1a)		A trustee company which contravenes subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding 1,000 penalty units.
(2)		An officer of a trustee company who is wilfully concerned in a breach of any provision of subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding 50 penalty units or by imprisonment for a period not exceeding 6 months, or both.
25 	Separate accounts of each estate to be kept
	An account of the moneys paid or received and of investments made and moneys advanced by a trustee company on account of each estate of which it has control shall be kept by the company separate and distinct from that of any other estate.
25a 	Contributory investments
(1)		Subject to this section, where a trustee company holds moneys that belong to more than 1 estate upon trusts which require or permit the moneys to be invested, the company may invest the moneys in 1 fund and distribute the income from the fund rateably among those estates.
(2)		A loss arising from investment of moneys pursuant to subsection (1) shall be borne rateably by the estates to which the moneys belong.
(3)		A trustee company shall not invest moneys pursuant to subsection (1) except as investments—
	(a)	for the time being authorised by the Trustee Act 1957; or
	(b)	in each case authorised by the instrument creating the trust to which the relevant moneys belong.
(4)		This section does not entitle a trustee company to make any kind of investment of moneys belonging to an estate where investment of that kind is expressly prohibited by the instrument creating the relevant trust.
25B 	Common trust funds
(1)		A trustee company may establish and maintain a fund or funds, each to be known as a common trust fund. 
(2)		Where a trustee company establishes more than 1 common trust fund, each such fund shall be given an appropriate distinguishing number or description. 
(3)		A common trust fund shall be structured so that it consists of units. 
(4) 		A trustee company that proposes to establish a common trust fund shall determine the class or classes of investment in which moneys to the credit of that fund may be invested by the company. 
(5) 		Moneys to the credit of a common trust fund shall not be invested otherwise than in a class of investment determined in respect of that fund. 
(6) 		Upon establishing a common trust fund, the trustee company shall determine the day as at which the first valuation of the fund is to be carried out by the company, being a day not later than the first business day of the next succeeding month. 
(7) 		A determination under subsection (4) or (6) shall be made by instrument in writing.
25C 	Crediting of moneys to common trust fund
(1)		A trustee company may carry to the credit of a common trust fund any moneys to the credit of a current account in the books of the company held by it—
	(a)	as executor or administrator;
	(b)	as trustee;
	(c)	as receiver;
	(d)	as guardian of the estate of an infant;
	(e)	as agent or attorney; or
	(f)	while acting in any other capacity. 
(2)		Moneys shall not be carried to the credit of a common trust fund—
	(a)	if investment of the moneys in such a fund is expressly forbidden by—
	(i)	the will or other instrument creating the relevant trust; or
	(ii)	the conditions subject to which the moneys are held by the trustee company that established the fund; or
	(b)	unless investment of moneys to the credit of the fund is limited, by virtue of a determination under subsection 25B (4), to investments that would be lawful for those moneys if separately invested.
25D 	Investment in and withdrawal from common trust fund
(1)		At any time to and including the last business day preceding the first valuation day investments in a common trust fund may be made on any business day. 
(2)		From and including the first valuation day, investments in and withdrawals from a common trust fund may be made only on a valuation day. 
(3) 		Where moneys are invested in a common trust fund maintained by a trustee company on account of an estate, trust or person, the trustee company shall issue units in the fund to that estate, trust or person in respect of the relevant investment at an amount per unit calculated in accordance with this section.
(4)		Where an investment is withdrawn from a common trust fund maintained by a trustee company on account of an estate, trust or person, the trustee company shall pay to that estate, trust or person, in respect of the units in the fund being redeemed for the purposes of the withdrawal, an amount per unit calculated in accordance with this section.
(5)		The amount payable for the issue or redemption of a unit in a common trust fund in respect of an investment in, or withdrawal from, the fund is—
	(a)	where the investment is made pursuant to subsection (1)—$1; and
	(b)	where the investment or withdrawal is made pursuant to subsection (2)—the amount ascertained by dividing the capital value of the fund by the number of units in the fund as at the valuation day on which the investment or withdrawal is made. 
25E 	Beneficial interest in common trust fund
(1)		An estate, trust or person beneficially entitled to moneys carried to the credit of a common trust fund under subsection 25C (1) does not have a beneficial interest in—
	(a)	any particular money standing to the credit of that fund; or
	(b)	any particular investment made from moneys standing to the credit of that fund; 
but the estate, trust or person has a beneficial interest in that fund determined in accordance with the proportion that the number of units issued to the estate, trust or person in respect of the fund bears to the total number of units in the fund. 
(2) 		A beneficial interest in a common trust fund to which an estate, trust or person is entitled shall not be assigned, transferred, disposed of or otherwise dealt with by the estate, trust or person. 
25F 	Valuation of common trust fund
(1)		A trustee company—
	(a)	shall—
	(i)	on the first business day of each month; and
	(ii)	where the first valuation day is a day other than the first business day of a month—on the first valuation day; and
	(b)	may, on any other day;
value, as at that day, the capital and accrued income of the common trust fund, or each common trust fund, as the case may be, maintained by the company. 
(2) 		In valuing the capital of a common trust fund, the trustee company shall not take account of income of the fund accrued but not paid or allocated in accordance with section 25G. 
(3) 		In valuing the capital of a common trust fund, the trustee company shall take account of costs and expenses incurred by the company—
	(a)	in making investments from moneys standing to the credit of the fund;
	(b)	in protecting the investments; and
	(c)	in disposing of assets of the fund. 
(4) 		In valuing the accrued income of a common trust fund, the trustee company shall take account of costs and expenses, other than costs and expenses of a kind referred to in subsection (3), incurred by the company in connection with the maintenance or administration of the fund. 
(5)		In this section—
“capital”, in relation to a common trust fund, means—
	(a)	the investments held by the fund; and
	(b)	moneys held to the credit of the fund. 
Payment of income
25G.  (1)  A trustee company shall, at intervals of not more than 6 months, pay or allocate the income of a common trust fund maintained by the company to or among the estates, trusts and persons by whom units in the fund were held during the period in respect of which the interest accrued. 
(2)		The income to be paid or allocated to an estate, trust or person in respect of a period shall be calculated—
	(a)	on a daily basis;
	(b)	according to the number of units held by the estate, trust or person in the fund during that period; and
	(c)	according to the number of days during that period those units were held in the fund. 
(3)		Where units held by an estate, trust or person in a fund maintained by a trustee company are redeemed before the expiration of a period in respect of which interest would be required to be paid or allocated to the estate, trust or person, the trustee company may pay or allocate that interest—
	(a)	at the time the units are redeemed; or
	(b)	at the expiration of that period. 
25H 	Realisation and acquisition of investments of common trust fund
(1) 		A trustee company may realise investments belonging to, and acquire investments from money standing to the credit of, a common fund maintained by the company for any purpose relating to the exercise or performance of its powers, authorities, duties or functions. 
(2) 		Any profit or loss resulting from the realisation of an investment belonging to a common trust fund shall be credited or debited, as the case requires, to the fund. 
25I 	Trustee company acting jointly with another person
	Where a trustee company is appointed and acts jointly with any other person or persons as—
	(a)	executor or administrator;
	(b)	trustee; 
	(c)	receiver; or
	(d)	guardian of the estate of an infant;
for the purposes of any matter connected with the establishment, maintenance or administration of a common trust fund—
	(e)	the trustee company may, with the consent in writing of that person or each of those persons—
	(i)	exercise and perform, in relation to property jointly held or controlled, all or any of the powers, authorities, duties and functions that the trustee company would, if acting alone in relation to such a matter, be entitled to exercise or perform; and
	(ii)	deal with moneys under the control of the company and that person, or those persons, jointly in the same manner as moneys under the control of the trustee company alone; and
	(f)	a person by whom a consent is given in accordance with this section is exempt from any liability which, but for this paragraph, may have been incurred by the person in connection with that matter. 
25J 	Fees in relation to common trust fund
(1)		A trustee company is entitled to receive out of the income received by a common trust fund maintained by the company such fee as is reasonable, having regard to the work and services involved, for the establishment, maintenance (including the keeping of books of account) and administration of the fund.
(2)		The fee referred to in subsection (1)—
	(a)	shall be determined by the trustee company; 
	(b)	shall not exceed such amount as is calculated at the rate of 1% per annum of the capital sums invested in the common trust fund during the period in respect of which the income is received or allocated; and
	(c)	is in addition to any fees which a trustee company is entitled to receive in accordance with this Act.
(3)		A trustee company is not entitled to receive any fee or commission or make any charge in connection with the establishment, maintenance, administration or winding-up of a common trust fund other than the fee referred to in this section.
26 	Improper dealings with money
	A director, member or officer of a trustee company who knowingly and wilfully—
	(a)	appropriates or deals with any real or personal property of which the company has control under the powers conferred upon it by this Act; or
	(b)	lends or otherwise deals with any moneys received by the company under those powers;
otherwise than in accordance with this Act, the instrument creating the trust, or the law for the time being in force, shall be guilty of an offence.
Penalty: 100 penalty units or imprisonment for 1 year, or both.
27 	Power to deposit moneys with certain banks
	Notwithstanding anything contained in section 26 a trustee company may deposit any moneys of which it has control under the powers conferred upon it by this Act with the Commonwealth Bank of Australia or with any corporation lawfully carrying on the business of banking in Australia or in any Territory of the Commonwealth.
28 	Payment of moneys unclaimed
(1)		A trustee company shall cause to be paid to the Minister all sums of money which form part of any estate of which it is at any time executor or administrator or trustee by virtue of the powers conferred by this Act and which remain unclaimed by the person entitled to the moneys for a period of 5 years after they have become payable to that person.
However, the company may retain any sums of money in respect of which payment is restrained by the injunction of a court of competent jurisdiction.
(1a)		A trustee company which fails to comply with subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding 250 penalty units.
(1b)		An officer of a trustee company who is wilfully concerned, directly or indirectly, in the commission of an offence under subsection (1a) is guilty of an offence punishable, on conviction, by a fine not exceeding 50 penalty units.
(2)		The Minister shall pay all moneys received by him or her under this section to the credit of a fund to be called the Testamentary and Trust Fund which shall be a trust account within the meaning of section 62A of the Audit Act 1901 of the Commonwealth.
(3)		A trustee company shall, within 14 days after 30 June in each year, deliver to the Minister a statement of all such unclaimed moneys which during the 12 months ended on that 30 June have been in its hands, distinguishing the estates in respect of which the moneys have been received, and, if those moneys or any part of those moneys have not been paid to the Minister, stating the reason for the delay in the making of the payments.
(4)		A trustee company which fails to comply with subsection (3) is guilty of an offence punishable, on conviction, by a fine not exceeding 100 penalty units.
(5)		An officer of a trustee company who is wilfully concerned, directly or indirectly, in the commission of an offence under subsection (4) is guilty of an offence punishable, on conviction, by a fine not exceeding 20 penalty units.
29 	Persons entitled may apply subsequently
(1)		The court or the judge of the court may at any time—
	(a)	upon the application of any person claiming to be entitled to any moneys paid by a trustee company in accordance with section 28; and
	(b)	upon being satisfied by affidavit, or other sufficient evidence, that that person is so entitled;
make an order for payment of those moneys, or any portion of those moneys, but—
	(c)	without interest on those moneys from the time of payment by the trustee company in accordance with that section; and
	(d)	after deduction of any costs and expenses which have been incurred in respect of the application.
(2)		The Minister, on being served with the order, shall, within a reasonable time, pay the amount mentioned in the order to the person named in the order, and the receipt of that person shall be a sufficient voucher for the payment.
30 	Order for account on application of Minister
(1)		Where the managing director or manager of a trustee company fails, upon application in writing by the Minister, to furnish a sufficient account of—
	(a)	the property and assets of which any estate moneys of which have been included in, or ought to be or to have been included in, the statement of unclaimed moneys mentioned in section 28, consists; and
	(b)	the disposal or expenditure of or out of the property or assets;
the Minister may apply to the court or to the judge of the court, upon motion or summons after notice to the trustee company but without action or petition for an account, for an order requiring a sufficient account to be rendered.
(2)		The court or judge may, if it, he or she is of opinion that no sufficient account has been rendered by the trustee company, order such account to be rendered by that company as the court or judge considers just.
(3)		If the court or judge is of the opinion that no sufficient case has been established to require the trustee company to furnish an account, the court or judge may dismiss the application.
(4)		The court or judge may in all such cases make such order as to costs, either against the company or against the applicant or as to payment of costs out of the estate, as it, he or she thinks fit.
31 	Quarterly financial declarations
(1)		The managing director or manager of a trustee company shall, during the months of January, April, July and October in each year, make a statutory declaration in accordance with the form contained in Schedule 2, and—
	(a)	a copy of the declaration shall, not later than 7 days after the day on which the declaration was made, be filed with the registrar of the court;
	(aa)	a copy of the declaration shall, not later than 7 days after the day on which the declaration was made, be sent to the Minister; and 
	(b)	a copy of the declaration shall be displayed in a conspicuous place in the registered office of the company in the Territory and in every branch office or place in the Territory where the business of the company is carried on; and a copy of the declaration shall be given to any person on application.
(2)		A trustee company which fails to comply with any provision of subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding 100 penalty units.
(3)		An officer of a trustee company who is wilfully concerned, directly or indirectly, in the commission of an offence under subsection (2) is guilty of an offence punishable, on conviction, by a fine not exceeding 20 penalty units.
31a 	Information etc for Minister
(1)		Where is appears to the Minister that a trustee company—
	(a)	may be failing, or may have failed, to comply with a requirement under this Act;
	(b)	may be, or may have been, in breach of a law of the Territory relevant to its activities under this Act; or
	(c)	may be failing, or may have failed, to comply with a legal obligation as a trustee;
the Minister may, by instrument in writing, require the company, within a time specified in the instrument, to provide to him or her such information or statements in writing, generally or in relation to particular matters, in respect of—
	(d)	the affairs of the company; or
	(e)	the activities of the company as executor, administrator, trustee, receiver, guardian or attorney; 
as the instrument specifies.
(2)		A trustee company that refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding 250 penalty units.
(3)		An officer of a trustee company who is wilfully concerned, directly or indirectly, in the commission of an offence under subsection (2) is guilty of an offence punishable, on conviction, by a fine not exceeding 50 penalty units.
31b 	Inquiries and audits
(1)		The Minister may, by instrument in writing, upon grounds specified in the instrument, authorise a person specified in the instrument to undertake, whether generally or in relation to particular matters, any of the following:
	(a)	an inquiry into the affairs of the company;
	(b)	an inquiry into the activities of the company as executor, administrator, trustee, receiver, guardian or attorney;
	(c)	an audit of the books and accounts of the company (including books and accounts of or relating to any estate, trust or property managed or administered by the company).
(2)		The grounds that may be specified for the purposes of an inquiry or audit under subsection (1) are any of the following:
	(a)	that it appears to the Minister that the relevant trustee company may be failing, or may have failed, to comply with a requirement under this Act;
	(b)	that it appears to the Minister that the company may be, or may have been, in breach of a law of the Territory relevant to its activities under this Act;
	(c)	that it appears to the Minister that the company may be failing, or may have failed, to comply with a legal obligation as a trustee.
(3)		For the purposes of an inquiry or audit under subsection (1), a trustee company shall—
	(a)	deliver to a person authorised by the Minister in accordance with that subsection a list of all books kept by the company;
	(b)	produce to a person so authorised such books of the company as that person requires; and
	(c)	provide to a person so authorised such information and facilities as that person requires.
(4)		A trustee company that refuses or fails, without reasonable excuse, to comply with subsection (3) is guilty of an offence punishable, on conviction, by a fine not exceeding 250 penalty units.
(5)		An officer of a trustee company who is wilfully concerned, directly or indirectly, in the commission of an offence under subsection (4) is guilty of an offence punishable, on conviction, by a fine not exceeding 50 penalty units.
(6)		The costs of an inquiry or audit under this section shall, unless the Minister otherwise directs, be borne by the relevant trustee company and may be recovered by the Minister as a debt due to the Commonwealth.
32 	Act not to preclude other companies from applying for similar powers to those conferred by this Act
	Nothing in this Act shall entitle a trustee company to oppose the granting of any powers similar to those conferred upon certain companies by this Act to any other company or to corporations generally, or to claim or to seek compensation in consequence of the powers being conferred upon any other company or upon corporations generally.
33 	Testators may appoint their own solicitors
(1)		Where by any will, codicil or other testamentary writing a testator directs that any solicitor shall conduct the legal business of his or her estate the solicitor shall be entitled to conduct that legal business accordingly, but in such case the trustee company concerned shall not be liable for the negligence, misfeasance, nonfeasance or misconduct of the solicitor, and that solicitor may be removed by order of the court or the judge of the court upon the application of the trustee company or of any person interested in the estate upon cause shown.
(2)		If any such solicitor is removed by any such order, the court or judge may appoint a solicitor nominated by the trustee company.
34 	Incorporation and powers of company except so far as specifically altered to remain
	Except as otherwise provided in this Act, a trustee company shall remain and be subject to the same restrictions, liabilities, penalties, privileges and powers as it is subject to under its incorporation, and this Act shall not otherwise affect the incorporation of the company.
35 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for prescribing penalties not exceeding—
	(a)	if the offender is a natural person—10 penalty units; or
	(b)	if the offender is a body corporate—50 penalty units;
for breaches of the regulations.
36 	Transitional
	The fees mentioned in sections 18 and 18A are payable only in relation to estates committed to the administration or management of a trustee company on or after 1 December 1992.

	Schedule 1	Section 3
Specified Trustee Companies
Permanent Trustee Company (Canberra) Limited
Perpetual Trustee Company (Canberra) Limited
ANZ Executors and Trustee Company (Canberra) Limited
Burns Philp Trustee Company (Canberra) Limited
Union Trustee Company (Canberra) Limited
Winchcombe Carson Trustee Company (Canberra) Limited

	Schedule 2	Section 31
Quarterly Financial Declaration
	Limited
We,	(1)	of	(2)	,
	(1)	of	(2)	,
	(1)	of	(2)	,
	(1)	of	(2)	,
being officers of	Limited, declare in relation to that company, that—
	(a)	the liability of the members is limited;
	(b)	the authorised capital is $	        divided into shares of		        each;
	(c)	the number of shares issued is		;
	(d)	(3) there has been called up on each of 	shares, $ 	; 
		(3)*  there has been called up on each of	shares, $	;
	(e)	(4)   the net tangible assets, on		19      , being the latest practicable day before the making of this declaration, amounted to $		;
	(f)	(5) the unused credit and standby facilities arranged as at	   	  19  , amounted to $ 		;
	(g)	(5) the statement annexed to this declaration is a true and correct statement of the company’s liabilities and assets as at		19      ;
	(h)	the classification and valuation of assets adopted in that statement correctly reflect the company’s intentions, as at the day of this declaration, in regard to the use and disposal of those assets;
	(j)	the following loans were obtained from financial institutions, other than banks and insurance companies, during the period of 3 months immediately preceding that day:

Name of 	Amount of 	Term of 	Interest	Security 
institution	loan	loan	 rate	(if applicable)

	(k)	the following contingent liabilities, to the extent that those liabilities are                         quantifiable, existed on that day:

Type of contingent liability	Estimated amount $000

1. Guarantees of liabilities of related bodies corporate	
2. Guarantees of liabilities of other persons	
3. Other contingent liabilities	

	Total 	$	

	(l)	guarantees of liabilities of related bodies corporate as set out in the statement annexed are made up as follows:

Name of corporation	Amount $000

	Total 	$	

	(m)	the following table sets out the credit and standby facilities available on that day and the restrictions affecting those facilities:

Description of facility	Amount $000

	(n)	the following significant changes have occurred in the nature of the principal activities of the company during the period of 3 months immediately preceding that day:
(give details)
	(o)	the following items, transactions or events of a material and unusual nature affected the results of the company’s operations during the period 3 months immediately preceding that day:
(give details)
	(p)	the company has complied with the Trustee Companies Act 1947 throughout the period of 3 months immediately preceding that day; and
	(q)	there are, in our opinion, reasonable grounds to believe that the company will be able to pay its debts as and when they fall due.

		
		
	Signatures
	(1)	The declaration is to be completed by the manager or managing director, the chief financial officer and 2 other persons who are directors of the trustee company.
	(2)	Insert usual residential address.
	(3)	Where the shares are of different classes, the number issued in each class must be shown separately.
	(4)	Net tangible assets means net tangible assets within the meaning of section 399 of the Corporations Law.
	(5)	For the purposes of this paragraph, the required date is that of the last day of the month immediately preceding the month in which this declaration is made.
*     Strike out if inapplicable.

Statement to be annexed to quarterly financial declaration showing assets and liabilities as at..............19......(*)
	Limited

Assets and liabilities	$000

Tangible Assets
1.	Recoverable or realisable within 1 year—
Cash on hand	
Cash at bank	
Bills receivable—
bank, accepted or endorsed (1)	
other (1)	
Amounts receivable from related bodies corporate—
secured (1)	
unsecured (1)	
Other loans (3) and deposits—
secured (1)	
unsecured (1)	
Government and semi-government securities (2)	
Shares, units, options and convertible notes in companies—
listed on an Australian stock exchange (1)	
not listed on an Australian stock exchange (1)	
Capital investments in partnerships, trusts and unincorporated joint ventures (1)
Lease receivables (1)	
Other amounts realisable within 1 year (1)	

Total assets recoverable or realisable within 1 year	

2.	Recoverable or realisable after 1 year—
Amounts receivable from related bodies corporate—
secured (1)	
unsecured (1)	
Other loans (3) and deposits—
secured (2)	
unsecured (2)	
Government and semi-government securities (2)	
Shares, units, options and convertible units—
listed on an Australian stock exchange (2)	
not listed on an Australian stock exchange (2)	
Capital investments in partnerships, trusts and unincorporated joint ventures (2)
Bills receivable—
bank:  accepted or endorsed (2)	
other (2)	
Property, plant and equipment (2)	
Lease receivables (2)	
Other tangible assets (2)	

Total assets recoverable or realisable after 1 year	

Total tangible assets	

Assets and liabilities	$000

Liabilities
1.	Due and payable within 1 year—
(a)  Borrowings—
Bank overdrafts and bank loans—
secured	
unsecured	
Loans from other financial institutions
secured	
unsecured	
Bills payable and liabilities under promissory notes	
Lease liabilities	
	Total

(b)  Other liabilities—
Subordinated loans from related bodies corporate	
Trade creditors and accrued expenses	
Provisions	
Income Tax	
Dividends	
Deferred income	
Other liabilities—
secured	
unsecured	
	Total

Total liabilities due and payable within 1 year	

2.  Due and payable after 1 year—
(a)  Borrowings—
Bank loans—
secured	
unsecured	
Loans from other financial institutions—
secured	
unsecured	
Bills payable and liabilities under promissory notes	
Lease liabilities	
	Total

(b)  Other liabilities—
Subordinated loans from related bodies corporate	
Provisions	
Income tax	
Deferred income	
Other	
	Total

Total liabilities payable after 1 year	

Total liabilities	

Summary
		Total Tangible Assets		
	subtract 	Total Liabilities		
		Net Tangible Assets		
	add	other Assets		
	Shareholders’ Funds			
Remarks	
Dated this..............day of..............19.....

		
		
	Signatures
(*)  This statement shall be made up to the last day of the month immediately preceding the month in which the declaration is made.
(1)    State at the lower of cost and net realisable value.
(2)   State at cost or valuation less amounts written off or provided for depreciation or diminution in value.
(3)   Include mortgages.

NOTES
1.	The Trustee Companies Act 1947 in this reprint is No. 15, 1947 amended as indicated in the Tables below.
2.	The Legislation (Republication) Act 1996 authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  The amendments do not change the law.  Amendments made under the Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Trustee Companies Ordinance 1947	15, 1947	18 Dec 1947	18 Dec 1947		
Companies Ordinance 1954	14, 1954	20 Aug 1954	1 Oct 1954	—	
Trustee Companies Ordinance 1954	16, 1954	26 Aug 1954	26 Aug 1954	—	
Trustee Companies Ordinance 1960	7, 1960	22 Sept 1960	22 Sept 1960	—	
Trustee Companies Ordinance 1961	19, 1961	27 July 1961	27 July 1961	—	
Companies Ordinance 1962	7, 1962	21 June 1962	1 July 1962	—	
Trustee Companies Ordinance 1962	11, 1962	13 Sept 1962	13 Sept 1962	—	
Trustee Companies Ordinance 1965	4, 1965	6 May 1965	6 May 1965	—	
Trustee Companies Ordinance 1966	12, 1966	4 Aug 1966	4 Aug 1966	—	
Ordinances Revision (Decimal Currency) Ordinance 1966	19, 1966	23 Dec 1966	23 Dec 1966	—	
Trustee Companies Ordinance 1968	8, 1968	18 Apr 1968	18 Apr 1968	—	
Ordinances Revision (Companies Amendments) Ordinance 1982	38, 1982	30 June 1982	1 July 1982	—	
Ordinances Revision (Companies Amendments) Ordinance (No. 2) 1982	93, 1982	17 Dec 1982	17 Jan 1983
(see Gazette 1983, No. S7)	—	
Trustee Companies (Amendment) Ordinance 1984	6, 1984	15 Mar 1984	15 Mar 1984	—	
Trustee Companies (Amendment) Ordinance 1985	34, 1985	20 Aug 1985	20 Aug 1985	—	
Administrative Arrangements (Consequential Amendments) Ordinance 1988	17, 1988	22 Apr 1988	22 Apr 1988	S. 4	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Statute Law Revision (Miscellaneous Provisions) Act 1992	23, 1992	4 June 1992	4 June 1992	—	
Trustee Companies (Amendment) Act 1992	49, 1992	1 Sept 1992	Ss. 1-3:  1 Sept 1992
Remainder:  1 Dec 1992 (see Gazette 1992, No. 47, p. 1807)	S. 8	
Trustee Companies (Amendment) Act  1993	53, 1993	27 Aug 1993	27 Aug 1993	—	
Statute Law Revision Act 1994	26, 1994	31 May 1994	31 May 1994	—	
Statute Law Revision Act 1995	46, 1995	18 Dec 1995	18 Dec 1995	—	
(Reprinted as at 1 January 1996)	
Legal Practitioners (Consequential Amendments) Act 1997	96, 1997	1 Dec 1997	Ss. 1 and 2:  1 Dec 1997
Remainder:  1 June 1998 (see  s. 2 (2))	—	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)	—	
(Reprinted as at 31 March 1999)	
Financial Sector Reform (ACT) Act 1999	33, 1999	25 June 1999	Ss 1 and 2 and dict:  25 June 1999
Remainder:  1 July 1999 (see Cwlth Gaz 1999, No S289 p 2)	—	
Statute Law Amendment Act 2000	2000 No 80	21 Dec 2000	21 Dec 2000	—

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	am. No. 34, 1985
	rep. Act No. 23, 1992
S. 3	am. No. 16, 1954; No. 38, 1982; No. 34, 1985; No. 17, 1988; Acts Nos. 23 and 49, 1992; No, 46, 1995; 1999 No 33 s 47 sch
S. 3A	ad. Act No. 53, 1993
Ss. 5-8	rs. Act No. 49, 1992
S. 8A	ad. Act No. 49, 1992
S. 10	am. No. 19, 1966; No. 34, 1985
S. 11	am. No. 34, 1985; Act No. 26, 1994
S. 12	am. No. 34, 1985
S. 13	am. Act No. 53, 1993
S. 15	am. No. 34, 1985; Act No. 53, 1993; No. 26, 1994
S. 17	am. No. 34, 1985
S. 18	am. No. 16, 1954; No. 19, 1966; No. 34, 1985
	rs. Act No. 49, 1992
Ss. 18A, 18B	ad. Act No. 49, 1992
S. 19	am. Act No. 53, 1993
S. 19A	ad. No. 16, 1954
S. 21	am. Act No. 53, 1993
S. 22	am. No. 34, 1985; Act No. 53, 1993; No. 54, 1998
S. 23	am. Act No. 53, 1993
S. 24	am. No. 14, 1954; No. 7, 1962; No. 19, 1966; No. 93, 1982; No. 34, 1985; Act No. 46, 1995; No. 54, 1998
S. 25A	ad. No. 34, 1985
	am. Act No. 26, 1994
S. 25B	ad. Act No. 49, 1992
	am. No. 26, 1994
Ss. 25C-25J	ad. Act No. 49, 1992
S. 26	am. No. 19, 1966; No. 34, 1985; Act No. 54, 1998
S. 27	am. No. 34, 1985
S. 28	am. No. 19, 1966; No. 34, 1985; No. 17, 1988; Act No. 53, 1993;
No. 54, 1998
S. 29	am. No. 34, 1985; No. 17, 1988
S. 30	am. No. 34, 1985; No. 17, 1988; Act No. 53, 1993
S. 31	am. No. 19, 1966; No. 34, 1985; No. 17, 1988; Act No. 54, 1998
S. 31A	ad. No. 34, 1985
	am. No. 17, 1988; Act No. 53, 1993; No. 54, 1998
S. 31B	ad. No. 34, 1985
	am. No. 17, 1988; Act No. 54, 1998
S. 33	am. Act No. 53, 1993; No. 96, 1997
S. 35	am. No. 19, 1966; No. 34, 1985; No. 17, 1988; No. 38, 1989; Act No. 54, 1998
s 36	ins 2000 No 80 amdt 3.28
Heading to First	rep. No. 34, 1985
   Schedule
Heading to Schedule 1	ad. No. 34, 1985
Schedule 1	am. No. 16, 1954; No. 7, 1960; No. 19, 1961; No. 11, 1962; No. 4, 1965; No. 12, 1966; No. 8, 1968; No. 6, 1984
Second Schedule	am. No. 19, 1966
	rep. No. 34, 1985
Schedule 2	ad. No. 34, 1985
	am. Act No. 26, 1994; No. 46, 1995