Australian Capital Territory Current Acts

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GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 27

Examination of accounts

    (1)     The public trustee and guardian must examine the accounts and documents mentioned in section 26 (1) and may apply to the ACAT for the disallowance of any item in the accounts.

    (2)     The ACAT must not make an order disallowing an item if the ACAT is satisfied that the manager acted in good faith and with reasonable care in the exercise of powers given to the manager.

    (3)     If an item is disallowed by the ACAT, the manager concerned—

        (a)     is not entitled to payment under section 15 of the amount of the item disallowed; and

        (b)     must pay to the Territory the amount of the costs reasonably incurred by the public trustee and guardian in making the application to the ACAT.

    (4)     If the public trustee and guardian examines the accounts and other documents in relation to the management of property by the manager, the manager must pay to the Territory the fee determined under section 75 (Determination of fees) for the examination.

    (5)     An amount payable to the Territory under subsection (3) (b) or (4) is payable on the 28th day after written notice specifying the amount of the debt is given to the debtor by the public trustee and guardian.

    (6)     The public trustee and guardian may waive payment of all or part of an amount payable to the Territory under subsection (3) (b) or (4) if the public trustee and guardian is satisfied that payment of the amount would impose hardship on a person or that other circumstances justify waiving payment of the amount.



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