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TRUSTEE ACT 1925
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
2. Dictionary
3. Notes
4. Meaning of trust
5. Offences against Act—application of Criminal Code etc
5A. Treatment of unincorporated entities named in trusts
PART 2--TRUSTEES
Division 2.1--Appointment, retirement, disclaimer and ceasing to be executor
6. Appointment of new trustees
7. Additional trustee
7A. Children not to be appointed trustees
8. Retirement
9. Vesting on appointment and retirement
10. Renunciation of probate
11. Ceasing to be executor
12. Registration
13. Protection of purchasers
Division 2.2--Powers and duties
Subdivision 2.2.1--Investment
14. Powers of investment
14A. Duties of trustee in relation to powers of investment
14B. Law and equity preserved
14C. Exercise of power of investment
14D. Powers of trustee in relation to securities
14E. Power to buy house as residence for beneficiary
14F. Investment in securities under RITS system
17. Accepting a short title
18. Ratio of loan to value
19. Loss on authorised security
20. Release of part of security
21. Arrangement with company
22. New shares in company
23. Calls on shares
24. Accrued interest on debentures or stock sold or purchased
25. Continued holding
Subdivision 2.2.2--Sale and other dealings
26. Powers incidental to sale
27. Duration of trust or power to sell
27B. Postponement of sale
27C. Purchaser under trust for sale
27D. Application of rule in Howe v Earl of Dartmouth to leases
28. Deferred payment on sale of land
30. Depreciatory conditions
31. Sale of part of land
32. Sale, exchange and partition
32A. Power to purchase equity of redemption instead of foreclosure
33. Sale after right of redemption barred
34. Release of equity of redemption in discharge of mortgage debt
35. Surrender of onerous lease
36. Leasing
37. Renewal of renewable leasehold
38. Raising money
39. Protection of purchasers or mortgagees
39A. Application of income by trustee as mortgagee in possession
Subdivision 2.2.3--Property not in possession
40. Powers
Subdivision 2.2.4--Insurance
41. Insurance
42. Application of insurance money
Subdivision 2.2.5--Maintenance, advancement and protective trusts
43. Maintenance and accumulation
44. Advancement
45. Protective trusts
Subdivision 2.2.6--Appropriation and payment to public trustee and
guardian
46. Appropriation
47. Payment to public trustee and guardian
Subdivision 2.2.7--Receipts and compounding
48. Receipts
49. Compounding
Subdivision 2.2.8--Safe custody, audit and valuation
50. Deposit for safe custody
51. Audit
51A. Information etc for Minister
51B. Minister may require inquiry etc
52. Valuation
Subdivision 2.2.9--Agents, banks and others
53. Employment of agents
54. Banks
54A. Bank may recognise certain signatures and endorsements
55. Property outside ACT
56. Undivided interests
Subdivision 2.2.10--Surviving trustees
57. Two or more trustees
Subdivision 2.2.11--Protection of trustees
58. Powers of attorney
59. Implied indemnity
60. Distribution after notice
61. Distribution where estate comprises leaseholds, and in certain other
61A. Personal liability of legal representative or trustee
62. Notice affecting a trustee
63. Advice
Division 2.3--Delegation
64. Execution of trust
65. Consent to exercise of trust or power
66. Person dealing with delegate
67. Power of attorney
68. Registration
PART 3--POWERS OF SUPREME COURT
Division 3.1--New trustees and vesting orders
70. New trustees
71. Vesting orders
72. Contingent rights of unborn person
73. Child beneficiary
74. Mortgagee under disability
75. Deceased mortgagee
76. Sale or mortgage of land
77. Specific performance etc
78. Effect of vesting order
79. Appointment of person to convey
80. Trustees of charities
Division 3.2--Dealings and improvements
81. Advantageous dealings
82. Improvements and repairs
83. Improvements and repairs without Supreme Court's approval
84. Sale of child's property
Division 3.3--Relief and indemnity
85. Excusable breaches of trust
86. Indemnity for breach of trust
Division 3.4--Miscellaneous powers
87. Division of chattels
88. Order in absence of trustee
89. Supreme Court considerations in action for breach of trust
89A. Power of Supreme Court to set off investment gains and losses
90. Postponement of order
Division 3.5--Applications and orders
91. Orders in other proceedings
92. People entitled to apply
Division 3.6--Charitable trusts
94A. Applications to Supreme Court
94B. Orders of Supreme Court
94C. Notice to Minister
94E. Action under Supreme Court order lawful
PART 4--PAYMENT INTO COURT
94F. Definitions for pt 4
95. Trustees
96. Person liable to person with legal disability
98. Money or securities
PART 5--MISCELLANEOUS
102. Compulsion to account
103. Indemnity for anything done under Act etc
104. Preamble to Charitable Uses Act 1601
105. Illusory etc share valid in law and equity
106. Consideration of advice etc by certain trustees
SCHEDULE 1
DICTIONARY
ENDNOTES
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