New South Wales Consolidated Acts

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TRUSTEE COMPANIES ACT 1964 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
Trustee Companies Amendment Act 2000
Trustee Companies Amendment Act 2009
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of Trustee Companies Amendment Act 2009

2 Definitions

In this Part:

"amending Act" means the Trustee Companies Amendment Act 2009 .

"trustee company" means a trustee company within the meaning of this Act as in force before the commencement of this clause.

3 General

The provisions of this Part are subject to any regulations made under clause 1.

4 BNY Trust Company of Australia Limited

Subject to the other provisions of this Part, this Act, as in force immediately before the commencement of Schedule 1 [3] to the amending Act, continues to apply to and in respect of any estate management function (within the meaning of section 601RAC of the Corporations Act 2001 of the Commonwealth) carried out by BNY Trust Company of Australia Limited under any grant of administration in force before that commencement.

5 Court may review rate of commission

Section 18 (3), as in force immediately before its repeal by the amending Act, continues to apply with respect to any application to the Court to review the commission (in whole or in part) or rate of commission charged in respect of an estate that was made before that repeal.

6 Charge on assets of estate or trust for advances

Section 17A, as in force immediately before its repeal by the amending Act, continues to apply to any sum advanced before that repeal.

7 Court may order account

Sections 20A-22, as in force immediately before their repeal by the amending Act, continue to apply to an application made to the Court with respect to the filing of an account, an order for an account or for an audit (as the case requires) made before that repeal.

8 Financial statements

Section 29D, as in force immediately before its repeal by the amending Act, continues to apply to any financial statement required to be forwarded under section 29D (2) within a period occurring before that repeal.



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