Australian Capital Territory
Public Trustee and Guardian (Fees) Determination 2016 (No 2)
Disallowable instrument DI2016-252
made under the

Public Trustee and Guardian Act 1985, s 75 (Determination of fees and charges)

1	Name of instrument
This instrument is the Public Trustee and Guardian (Fees) Determination 2016 (No 2). 
2	Commencement 
This instrument commences on the day after notification.
3	Determination of fees
(1) 	The maximum fee payable for a matter stated in an item in the schedule, column 2 is the fee stated in the schedule, column 3 for that matter.
(2)	The Public Trustee and Guardian may, at the discretion of the Public Trustee and Guardian, impose a lower fee than determined in this instrument.
(3) 	The fee for a matter stated in an item in the schedule, column 2 is payable by the person requesting the service.
4	Payment of fees
The fee payable for a matter stated in an item in the schedule, column 2 is payable to the Public Trustee and Guardian.
5	Revocation
This instrument revokes the Public Trustee and Guardian (Fees) Determination 2016 DI2016‑106.

Simon Corbell MLA
Attorney-General
5 September 2016

SCHEDULE - FEES AND CHARGES TO BE PAID

Column 1
Item	
Column 2
Matter in respect of which fee or charge is payable 	
Column 3
Amount Payable

MISCELLANEOUS CHARGES	

	

64	
For any service not dealt within any other Public Trustee and Guardian items in this determination.	

	
Where property is involved	
1.10 % (including 10% GST) of moneys received and/or the standard fee as per the scale chargeable for estate administration (or such lesser fee as is agreed between the recipient of the service and the Public Trustee and Guardian).*

	
Where property is not involved	
$270.00 (including 10% GST) per hour*

	
Where unclaimed money is administered	
$73.00 (including 10% GST) *

	
Provided that, where unclaimed money is administered, the Public Trustee and Guardian may exempt the payment of the fee by class or specific sum.	

	
Explanatory Note:   In the last instrument, the fees were the same except for the hourly rate (where property was not involved), which was $235.00 (including 10% GST).	

Note:	

* All amounts for Fees and Charges listed under the Public Trustee and Guardian Act 1985 are maximum amounts.  Lower amounts may be charged at the discretion of the Public Trustee and Guardian.

	

ACTING AS AGENT, ATTORNEY OR FINANCIAL MANAGER	

	

65	
BLANK	

	

66	
Acting as an agent, attorney or financial manager in administering or managing property. 	
1.10% of moneys received and/or the standard fee as per the scale chargeable for estate administration, on non monetary assets (including 10% GST).*	

Explanatory Note:   In the last instrument, the fee was the same.	

Note:	

* All amounts for Fees and Charges listed under the Public Trustee and Guardian Act 1985 are maximum amounts.  Lower amounts may be charged at the discretion of the Public Trustee and Guardian.	

	

COLLECTION OF INCOME	

	

67	
Income commission on all gross income and on common fund or managed fund distributions, including realized capital gains and tax-free components received by the Public Trustee and Guardian acting in any capacity.  	

	
Where the Public Trustee and Guardian receives income	
5.50 % (including 10% GST) *	

Explanatory Note:   In the last instrument the percentage commissions were the same.	

Note:	

* All amounts for Fees and Charges listed under the Public Trustee and Guardian Act 1985 are maximum amounts.  Lower amounts may be charged at the discretion of the Public Trustee and Guardian.	

	

	

	

	

ESTATE ADMINISTRATION	

	

68	
Obtaining a grant of representation and/or administering the estate of a deceased person.  The fee is based on the gross capital value of the estate excluding the value of the land, being the family home of the deceased and the beneficiary where the home is transferred to the partner. For the sake of clarity, no fee will be charged on the transfer of that land where the land, being the family home, is transferred to the partner.	
4.40 % of the first $200,000 (including 10% GST);	

	
3.30 % of the next $200,000 (including 10% GST);

	
	
2.20 % of the next $200,000 (including 10% GST);   

	
	
1.10 % of the amount greater than $600,000 (including 10% GST);   

	
	
with a minimum of $2,397.00 (including 10% GST).*	

Explanatory Note:   In the last instrument, the fees were the same.	

	

69	
Transferring or conveying the land being the home (as defined in the first Public Trustee and Guardian item above) and/or assets held as joint tenants to the surviving partner.	
$270.00 (including 10% GST) per hour with a minimum of 1 hour.*	

Explanatory Note:  In the last instrument the fee was $235.00 (including 10% GST).	

	

70	
Where a fee is not payable under the first Public Trustee and Guardian item above and where administration of an estate is commenced by the Public Trustee and Guardian but completed by another executor or administrator or person other than at the initiative of the Public Trustee and Guardian.	
$270.00 (including 10% GST) per hour with a minimum of 1 hour.*	

Explanatory Note:   In the last instrument the fee was $235.00 (including 10% GST).	

	

71	
BLANK	

Note:

* All amounts for Fees and Charges listed under the Public Trustee and Guardian Act 1985 are maximum amounts.  Lower amounts may be charged at the discretion of the Public Trustee and Guardian.

	

FUNDS MANAGEMENT

	

	

72	
Rate of management fee for the administration of moneys held in the Common Funds. 	
1.10 % per annum of the gross value (including 10% GST).*	

Explanatory Note:   In the last instrument, the fee was the same.

73	
Rate of management fee for the administration of moneys held in the Common Fund Guarantee and Reserve Account.	
1.10 % per annum of the gross value (including 10% GST).*	

Explanatory Note:   In the last instrument, the fee was the same.

Note:	

* All amounts for Fees and Charges listed under the Public Trustee and Guardian Act 1985 are maximum amounts.  Lower amounts may be charged at the discretion of the Public Trustee and Guardian.	

	

OTHER CHARGES (Charges are made for the following services, in addition to estate and trust fees otherwise determined)	

	

74	
BLANK	

	

75	
Attendance by the Public Trustee and Guardian or an officer of the Public Trustee and Guardian or for any other purposes not being for normal administration purposes.	
$270.00 (including 10% GST) per hour with a minimum of 1 hour.*	

Explanatory Note:   In the last instrument the fee was $235.00 (including 10% GST).	

	

76	
Arranging the purchase, extension, alteration or modification of property (real or personal) for the use of any beneficiary or person legally entitled.	
1.10 % of the gross value of the purchase, extension, alteration of modification (including 10% GST).*	

Explanatory Note:  In the last instrument, the fee was the same.	

	

77	
Managing assets invested outside the Public Trustee and Guardian Common Funds, excluding principal residence	
1.10 % of the gross value of the asset (including 10% GST).*

	
Services charged on an hourly basis:	
$270.00 (including 10% GST) per hour with a minimum of 1 hour.*	

Explanatory Note:   In the last instrument the fee was $235.00 (including 10% GST) for services charged on an hourly basis.  In the last instrument, the fee for the management of assets invested outside the Public Trustee and Guardian Common Funds (excluding principal resident) was the same .	

	

78	
Genealogy matters	
$270.00 (including 10% GST) per hour with a minimum of 1 hour.*	

Explanatory Note:   In the last instrument the fee was $235.00 (including 10% GST).	

	

79	
Life assurance or superannuation claims (where proceeds are not paid to the estate)	
$270.00 (including 10% GST) per hour with a minimum of 1 hour.*	

Explanatory Note:   In the last instrument the fee was $235.00 (including 10% GST).	

	

80	
Preparing deeds, renunciations and releases.	
$270.00 (including 10% GST) per hour with a minimum of 1 hour.*	

Explanatory Note:   In the last instrument the fee was $235.00 (including 10% GST).	

	

81	
Replacing lost title deeds.	
$270.00 (including 10% GST) per hour with a minimum of 1 hour.*	

Explanatory Note:   In the last instrument the fee was $235.00 (including 10% GST).

	

82	
Conveyancing fees.	
$270.00 (including 10% GST) per hour with a minimum of 1 hour.*	

Explanatory Note:   In the last instrument the fee was $235.00 (including 10% GST).	

	

83	
Property inspections.	
$270.00 (including 10% GST) per hour with a minimum of 1 hour.*	

Explanatory Note:   In the last instrument the fee was $235.00 (including 10% GST).	

	

84	
Home visits.	
$270.00 (including 10% GST) per hour with a minimum of 1 hour.*	

Explanatory Note:   In the last instrument the fee was $235.00 (including 10% GST).	

	

85	
Storage and Warehousing.	
$55.00 (including 10% GST) per cubic metre per month.*	

Explanatory Note:   In the last instrument, the fee was the same.	

Note:	

* All amounts for Fees and Charges listed under the Public Trustee and Guardian Act 1985 are maximum amounts.  Lower amounts may be charged at the discretion of the Public Trustee and Guardian.	

	

	

TAXATION SERVICES	

	

86	
All taxation services including assessment of tax status, advice and returns.	
$270.00 (including 10% GST) per hour.*	

Explanatory Note:   In the last instrument the fee was $235.00 (including 10% GST).

	

Note:	

* All amounts for Fees and Charges listed under the Public Trustee and Guardian Act 1985 are maximum amounts.  Lower amounts may be charged at the discretion of the Public Trustee and Guardian.	

	

TRUST ADMINISTRATION	

	

87	
Administration, as trustee, under Statute, Court award or other instrument.	
1.10 % of moneys received and/or the standard fee as per the scale chargeable for estate administration, on non monetary assets (including 10% GST).*	

Explanatory Note:  In the last instrument, the fee was the same.	

	

88	
Administration fee for continuing trusts.	
$116.00 (including 10% GST) per annum and upon completion.*	

Explanatory Note:   In the last instrument, the fee was the same.	

Note:	

* All amounts for Fees and Charges listed under the Public Trustee and Guardian Act 1985 are maximum amounts.  Lower amounts may be charged at the discretion of the Public Trustee and Guardian.

	

WILL PREPARATION	

	

89	
Preparing wills	
Maximum $ 600.00 (including 10% GST).*	

Explanatory Note:   In the last instrument, the fee was the same.	

	

90	
BLANK	

Note:	

* All amounts for Fees and Charges listed under the Public Trustee and Guardian Act 1985 are maximum amounts.  Lower amounts may be charged at the discretion of the Public Trustee and Guardian.	

	

CONFISCATION OF CRIMINAL ASSETS		
			
432	Fees due to the Public Trustee and Guardian under S.132 (1) (d) & (e) of the Confiscation of Criminal Assets Act 2003.		
	Receiving money or on converting assets to cash 	1.1% (including 10% GST).*	
	Where the Public Trustee and Guardian receives income 	5.5% (including 10% GST).*	
	Explanatory Note:  In the last instrument, the fees were the same.		
Note:
* All amounts for Fees and Charges listed under the Public Trustee and Guardian Act 1985 are maximum amounts.  Lower amounts may be charged at the discretion of the Public Trustee and Guardian.